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2000-046
INDIAN RIVER COUNTY, FLORIDA CHANGE ORDER NO. 1 " PROJECT NO: 9623E PROJECT: Wabasso Causeway Park Improvements CONTRACTOR: WILLIAM GLOVER, INC, 286 N. BABCOCK STREET MELBOURNE, FLORIDA 32935 , DATE OF ISSUANCE: ITEM _— DESCRIPTION OF CHANGE -- — QUANT, UNIT UNIT — — PRICE PRICE I NO PRICE INCREASE — RI GREASE__ I LS 29 Redesign elevated restroom 4uilding use block 1 $x18,218.27 $18,218.27 ;stem wall foundation and split face CBS wall i construction � 1 o I 31 Redesign elevated walkway and entrance 1 LS $%066.00 $10,066.00 deck to use block stem wall foundation 1 + NET CHANGE IN CONTRACT AMOUNT — - $28,284.27 ORIGINAL CONTRACT PRICE/TIME $229,,55x46 120 DAYS CURRENT CONTRACT PRICE/TIME $724,553.46 -----DAYS AS ADJUSTED BY PREVIOUS CHANGE ORDERS NET CHANGE IN CONTRACT PRICE THIS DUE TO THIS CHANGE ORDER ("24$,28427) NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $692,26919 NEW CONTRACT COMPLETION DATE To Be Specified Upon Issuanace of Nouse-to-Proceed nw I 1 1. W,3b2COl.WK4 RECEIVED MAR 1 5 2000 CLERK TO TIIE BOARD +0 AIR 40 INDIAN RIVER COUNTY, FLORIDA . 10 CHANGE ORDER NO. 1 PROJECT NO: 96235 PROJECT: Wabasso Causeway Park Improvements CONTRACTOR: 'WILLIAM GLOVER, INC. 286 N. BABCOCK STREET MELBOURNE, FLORIDA 32935 DATE OF ISSUANCE: ARCHLTECLSREC9_MME DATION I have VARCHI- e changes. They are necessary to satisfactorily complete the Contract. The price cable and I recommend that the changes be made. DTE CONTRA= -R -'S APPROVAL I agree that the above changes in said Contract, in accordance with Specifications for the price changes shown, are satisfactory. CONTRACTOR bATE ACCEPTED BY; INDIAN RIVER COUNTY, FLORIDA C 6- FRAN B. ADAMS, CHAIRMAN DATE f'__ . f.•uri1,,' Ap�,rnr•�J L7�kC •,�) 7 1 r��i fi /�v 0 I Telep6 me: (5611667-8000 i i I ( i v BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Reach, Florida 32960 ADDENDUM #2 WABA SSO CAUSEWAY PARK IMPROVEMENTS PROJECT NO. 9623B BID NO. 2026 1121100 To: All Prospective Bidders From: G. Sean McGuire, P.E. Project Engineer, Capital Projects Division Public Works Department, Indian River County 1 Prepared by: Brad Smith, ASLA Brad Smith Associates, Inc. u The following changes should be incorporated by the Bidder into his bid. and receipt of this addendum should be acknowledged on the last page of the Bid Proposal: 2.01 Itemized Bid Schedule A. Remove pages SP -3 and BPA, Itemized Bid Schedule, and insert the enclosed, revised pages BP -3 and BP -4 2.02 Site Electric Plan (Sheet SE -1) A. Light tube to be manufactured by Tivoli, or approved equivalent. Specifications: 1. Single or "static" circuit. 2. 4" lamp spacing. 3. 112" dia. rigid polycarbinate tube profile. 4, Clear icibe color. 5. tight tubing shall be gel filled for vibration ant) 1noistule firuiectivis 6. All lamps within light tube shall be tested and selected for equal current draw to insure maximum lamp life. 7. Light tubes shall use only clear, nylon, silver-plated to minimize wire visibility. 8. Light tubes shall use only keyed -connector system with recessed puss to provide fail-safe connections. 9. Light tubes shall comply with applicable NEC 725 articles on low voltage lighting systems. • C-1 • L J 2.03 Private Lift Station, Water, Sewer, & Misc. Details (Sheet C-5) A. Three phase power is n_91 available. Modify pump electrical specifications accordingly. 2.04 Restroom Plan and Elevations (Sheet A-1) " A. Modified Floor plan with accessory markings, and Restroom Accessory Schedule (attached) are hereby incorporated by reference. B. Clarification: cedar inside and out shall be allowed to weather naturally (no sealer, stain, or paint). C. All exposed masonry shall receive 3 coat stucco (scratch, brown, and finish) r and 3 coat paint finish (primer + 2 coats). 2.05 Restroom Sections (Sheet A-2) A. Delete floor and wall tile. Add 2 coats of hard coat plaster over DuraRock wall board. B. floor shall receive DuraQuartz epoxy resin flooring system with integral cove base. " C. Apply sealer and 2 coats of epoxy paint on wails. D. Typical bathhouse doors shall have mortised hardware, and a lock hasp. All hardware shall be 316 stainless steel. (Note: this application to match that " used at Treasure Shores park, if bidders desire to visit that site.) a 2.06 Technical Specifications A. Insert Section 8A, Hardware and Specialties (attached) f 2.07 Structural Plans (Sheet ST -1) A. Modify Typical pile Cap Detail to indicate a 1diameter pile, not 16". ADDENDUM NO. c�] 40 40 F� 1 Wabasso Causeway Park Project No. 9623B Itemized Bid Schedule (Exhibit "A," to Agreement) t Item wT.. Tlncrrinrinn Onantity Unit Unit Prtee Extension 6 I Mobilization and General Conditions l LS $ $ 2 Construction staking 1 LS $ 5 3 Clearing and grubbing 4.4 Acres $ S 4 Excavation & demolition l LS $ S 5 Sedimentation, siltation and erosion control l LS 5 5 6 Select sand fill 783 CY $ $ 7 Filter fabric for rock_ revetment 27,800 SF IS 5 8 Armor and bedding_ stones, 16" to 18" dia. 3,090 Tons 5 5 9 Bedding stones, 2" to 6" dia. 580 Tons $ $ 10 Finish grading and compaction 21,400 SY $ S 11 "Turf Block" pavers, including 1.5" thick sand 4425 SF $ S base; joints and voids filled with sand. 12 Concrete sidewalk, 6" thick 732 SY $ $ 13 Concrete wheel stops, precast, 6' long 121 Each $ 5 14 Handicapped parking signs and pressure treated 8 Each $ 5 timber parking space delineation 15 Wastewater pumping station, include RTU 1 Each $ S terminals in control panel for fixture RTU to be installed by others 16 Sanitary sewer main, 6" Dia. DIP 80 LF $ S 17 Force main, 3" dia. HDPE, SDR -I I 8o LF $ S i - 18 Sanitary sewer clean-out 1 Each $ S 19 Connection to existing; sewer force main 1 Each $ $ 20 Directional Bore 3" dia.for sewer, no casing. 60 LF $ 5 2l Connection to existing. water main 1 Each $ S 22 Directional Bore 2" dia. for water, no casing. 60 LF $ 5 3 Water service main, 2" dia. HDPE, SDR -1 l 180 LF $ 5 4 P22 Back-flow preventer, 2" dia. i Each $ 5 Water service line, 314" dia. polyethylene 22 LF IS 5 20 lSait;ic,ianc US ]'raffle 27 Temporary construction sign 2 Each $ S 28 Project sign 4 Each $ $ 29 Elevated, restroom building 1 LS $ $ 30 Electrical service connection and riser for 1 LS $ S restroom building 31 Elevated wooden walkway and entrance deck 1 LS $ s2 I Shower TIDWC I l I Each is is ADDENDUM NO. 2 BtO PROPOSAL BP -3 Item M_ nf-wriminn Onantity Unit Unit Price Extension 33 Temporary irrigation system 1 LS S S 34 Seagrape, 10 al. 14 Each S $ 35 Sca ra e, 3 gal, 89 Each S S 36 Yau on Holly, 10 val. 22Each S $ 37 Yau on Holly, 3 al. 299 Each S s 38 Weeping Yau on Holly. 30 gal. 1 Each S 5 39 Live Oak, 5.5" cal., SPECIMEN 19 Each 5 S 40 Florida Red Bay, 45 sial. 12 Each S $ 41. Cabbage Palin, 8'-I6' 286 Each S $ 42 Dwarf Yau on Dolly, 3 *al. 362 Each S S 43 Sand Cord grass, 3 gal. 2,053 Each 5 S 44 Saw Palmetto (silver), 3 al. 548 Each S Is 45 Necklace Pod, 3 gal. 67 Each 'S $ 46 Silver Sea Oxeye, I gal. 1,146 Each S S 47 Dune Sunflower, I gal. 81 Each S $ 48 Blanket Flower, 1 gal. 223 Each S $ 49 Hair Grass, I gal. 691 S 50 Sod, Common Bermuda 73,046sd WEachS C ress Bark Mulch 404 $$ Total Base Bid = $ A I Lighting system for fishing catwalks, including i L5 5 S electrical service conect'sons and risers A2 Trash receptacles, including base mounting 16 Each S S concrete and installation hardware A3 Park bench, 6' long, including base mounting 14 Each S $ concrete and installation hardware I 01M IfIXIM1114tub –I'D Total Combined Sid =L�—I BID PROPOSAL t3P-4 ADDENDUM NO. 2 & I E - ® \�3 -C. \ Q 7K- m 0 § . � � < � 2 6 U � I C-1 db r t t Wabasso Causeway Park Improvements 5ECTIt}N SA - HARDWAREAND P CIALTIES: ' 1. The Contractor shall furnish all materials, labor, and equipment necessary for Ate installation of all the hardware and specialties. I2. The Contractor shall examine all work in direct contact with or having an effect on all hardware and specialty items. If any defects are found that would have an 4 adverse effect on his work, the Contractor shall notify the owner in writing. If the Contractor proceeds with his work without effecting this notification, it shall be construed as an acceptance by hint of all proceeding, work. 3. Description: The hardware headings are intended to cover all the doors of the building and establish a standard of quality and application. It is the specific duty of the hardware supplier to examine the plans and specifications and advise the owner t of any omissions or discrepancies. Authorization for change shall be by addendum i only. The omission of an item from this section does not relieve the Contractor from providing hardware for all parts of the building where such items would normally be required in order to properly complete the work. A. Proposal is to cover the installation and furnishing of finish hardware as detailed. Proposal must read "in accordance with plans and specifications ", and is not to he qualified in any manner. E. It is the responsibility of the hardware supplier to furnish hardware that conforms to all code requirements. I 4. All hardware shall be new and free from defects. Products are to be those specified. Any requests for substitutions will require owners approval. 5. Packing, Marking, Delivery A. Items of hardware shall be packaged separately, labeled with cormsponding symbols to that on the hardware schedule to identify hardware location within building. Each container or package shall include necessary fastenings, instructions, and installation templates to facilitate installation. I All hardware shall be delivered, transportation charges prepaid, to the job site t or to the door manufacturer. r 6. Keying: Furnish two (2) change keys with each lock set. All keys :;hall remain in l the possession of the Contractor under maximum security until Project completion. The Contractor will labelthe key at the time of instal lation.Keys will be turned over to the Owner at Project completion.All doors to be keyed alike. I'r,ii f .� PRODUCUS: See drawings and I htrdware Schedule liela�w. I PART 3 - EXECUTION 1. INSTALLATION: A. Install and adjust for proper Operation and function. Cover door knobs and other surfaces while all finish work is in progress. Clean paint from exposed surfaces thoroughly hefnre buildiiig is occupiicd. E NA - I Allflf NDUM NO. 7 " I relepho e: (5611567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 ADDENDUM #1 WABASSO CAUSEWAY PARK IMPROVEMENTS PROJECT NO. 9623B BID NO. 2026 1113100 To: All Prospective Bidders _ From: G. Sean McGuire, P.E. �� L jProject Engineer, Capital Projects Division Public Works Department, Indian River County f i Prepared by: J. Morris Smith, P.E. Brad Smith Associates, Inc. I s The following changes should be incorporated by (tie Bidder into his bid, and receipt of this addendum should be acknowiedbed on the last page of the Bid Proposal: i 1.0 Remove Sheets A-1, A-2, A-3, ST -1, P-1, and E-1 from the Bid Documents and replace them with the attached sheets. These new sheets have been revised to clarify the C notations and dimensions, as the original sheets were difficult to read. ( ( f F ADDENDUM NO. 1 40 F:. 4 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARK IMPROVEMENTS IRC BID NO. 2026 COUNTY PROJECT NO. #9623B 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 OI' PUBLIC WORKS G. SF AN tv 176 DIRE, P.E., PROJECT ENGINEER Brad Smith Associates 1800 W. Hibiscus Boulevard, x#112 Melbourne, Florida 32001 (321) 724-1036 40 TABLE of CONTENTS BID PACKAGE Advertisement for Bids Instructions to Bidders I Bid Proposal Bid Bond Statement on Public Entity Crimes Sworn Statement on Disclosure Of Relationships Sworn Statement Under Florida Trench Safety Law Information Required of Bidders CQNTRACT EURMS Agreement Performance Bond Payment Bond Sample Certificate of Insurance Final Payment Application for Payment Shop Drawings/Catalog Cut Submittal GENERAL CONDITIONS SUPE .EM :NTARY C01�TDITIONfi TFS MUCA]- SPECIFICATIONS A PPFNDIX Geotechnical Report Permits - IRC Land Clearing 98080107*003 IRC Tree Removal 98080107*004 IRCDUS #CDSICC3-730 SJRWMD - MSSW #40 -061.0179G -ERP FDV!P - 0150823 FDEP - WD31-0039206-077 MOT - 99[1490-0078 ALOE - 199900928 (IP -IS) AB 1-2 B 1-7 BP 1-7 BB 1-2 S 1-3 SS 1-2 T 1-2 Q 1-2 A 1-3 PB 1-4 PB 1-4 C 1 FP 1 AP 1 SD 1 GC 1-36 SC 1-4 TS lA 1.6A RID PACKAGE THIS PACKAGE CONTAINS: SE T.l4LvLT T L PAQE1g1M 3F. Advertisement for Bids AB 1-2 Instructions to Bidders IB 1-7 *Bid Proposal BP 1-7 *Bid Bond BB 1-2 *Statement of Public Entity Crimes S 1-3 *Sworn Statement Under IRC Cade on Disclosure of Relationships SS 1-2 *Sworn Statement Under Florida Trench T 1-2 Safety Law *Information Required of Bidders Q 1-2 * = SUBMIT TWO COPIES OF THESE ITEMS WITH YOUR BID do • 4D t. y BOARD OF COUNTY COMMISSIONERS 1870 251h Street, Vero Beach, Florida 32960 t� re9epione: (561) 567-6000 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, January 26, 2000. Each Bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "WABASSO CAUSEWAY PARI{ IMPROVEMENTS". All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2.00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. IRC BID #2026 WABASSO CAUSEWAY PARK IMPROVEMENTS INDIAN RIVER COUNTY PROJECT #9623B 1 Ali material and equipment furnished and all work performed shall be in strict accordance l , with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Wor a Depa4ment. 1940 0 507-3000- 1 ext_ 510 or Copies of the plans and the specifications containing the necessary contract ( documents may be obtained by deposit of a check made payable to 1ND?IAN R[Vl✓Rt CC91NM BOARD OF !rQLINTY COMMISSIONERS. in the amount of FORTY DOLLARS ($40.00) for 1 each set, which represents cost of printing, handling, and mailing and which is non refundable. All bids shall be submitted in dunlirate on the Bid Proposal forms provided within the } specifications. A BID 9 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 Indim 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 P{:rformance and Pa) nent Bond unlcss the Bid is cjeiow 550,000, in which case the County will f waive the requirements for a separate Performance Bond and Payment Bond, If the Bidder faile to do so, he shall forfeit the said Bid Bond as liquidated damages. I 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. MIMI A Pre -Bid Conference meeting will be held on Tuesday, January 18, 2000 at 2:00 PM, in the first floor Conference Room "B" of the Indian River County Administration. Building located at 1840 r 25th Street, Vero Beach, Florida 32960. INDIAN RIVER COUNTY f J By: Fran Boynton -Powell e Purchasing Manager For Publication in the Vero Beach Press Journal Datc(s): Monday, January 3, 2000 { January 10, 2000 r For: Vero Beach Press Journal f t Please furnish tear sheet and Affidavit of Publication to: 4 INDIAN RIVER COUNTY l ' PURCHASING DIVISION 2625 19th 'Street Vero Beach, FL 32960 A13-. • dP • INSTRUCTIONS TO BII>i?>;RS I I, refined Terms I Terris used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Successful Bidder" i means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. I 2. CopiesFIJocuments 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advert iscincnt or Invitation may be obtained from Engineer (unless I another issuing office is designated in the Advertisement or Invitation to Bid).. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner I nor Engineer assume any responsibility for errors or misinterpretations resulting from i the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above 4 terms do so only for the purpose of obtaining Bids on the Work and do not confer a V license or grant for any other use. i 3. QualificaLmL Bidders t 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, t a list of major pieces of construction equipment owned by the Bidder and documentation demonstrating the Bidder's compliance with the qualifications listed I below: I a. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. s 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. t & The Bidder's superintendent and assistants must be qualified and experienced. in similar projects in all categories. 1 e. Bidder must be able to provide evidence of authority to conduct business in Majurisdiction in :which flit= 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 at'e unable to meet the listed required qualifications, INSTRUCTION TO BIDDERS M•1 4P 40 i © Nor n ra r 1 1. e 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)familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparing the Drawings and Specifications. Before submitting his Bid each Bidderwill, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.3. On request Owner will provide each Bidder access to the site to conduct such investigations and tests as cacti 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 laid will constitute an incontrovertible representation by the Bidder that he has complied with every requirenicnt of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terns and conditions far performance of the Work. 5, haem etati= 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 Bids will not be answered. Only questions answered by formal written Addenda will be binding.. Oral and other interpretations or clatilications will be without legal effect. 6.1. Bid Security slrall be made payable to Owner, in the amount specified in the Hid 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 Sid Bond(on the form attached) iusucd by a Surety nrecting; the requirements of paragraph S. t of the General Conditions. 6.2. The Bid Security of the Successful Bidder will he retained until such Bidder has. executed the Agi cement and furnished the required Contract Security. whereupon it INSTRtFC i'ION TO BIDDERS rg-2 40 40 4M t - will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom [honer believes to have a reasonable chance of receiving tate award may be retained by Owner until the earlier of the seventh day atter 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 t day alter the Bid opening. Bid Security of other Bidders will be returned within sixty days of the Bid opening. Y Y 7. ['nrttmat Ti= I The number of days within which, or the date by which, the Work is to be completed (the 1 Contract Time) is set forth in the Bid Form and will be included in the Agreement. l 8. 1 _ quida ed Damages i It is understood and agreed that if the project is not completed within the contract time, the ! County will apply liquidated damages. The amount of damages is set forth in the Bid Form t and will be included in the Agreement. The damages will be deducted from monies due the Contractor, not to exceed the total contract price. { 9, Substitute Mater" l and Equipment t The Contract, if awarded, will be on the basis of material and equipment described in the I Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications I 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 I 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. SuhcD= tors, etc. 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 r Award. The apparent Successful Bidder, and any other Bidder so requested. ■will within seven days after the day of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to y furnish the principal items of material and equipment) proposed for those portions s of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar I projects and other evidence of qualification for each such Subcontractor, person and t organization ifrcquested by Owner. If Owner or Engineer atter due investigation has reasonable objection to any proposed S01contractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an i9crease 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 r. Bit) PROPOSAL IR 1 L i • 40 constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 10.2. In contracts where the Contract Price is on the basis of Cost -of -the -Work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing, to Owner those portions of the Work that such Bidder proposes to subcontract and alter 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 whore he has reasonable objection. 11. )id Form 11.1. The Bid Form is attached hereto; additional copies may be obtained from Engineer. 11.2. Sid Forms must be completed in ink or by typewriter. The total bid price must be stated legibly in words and numerals. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and 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 tho Bid Form). 11.7. The address to which communications regarding the Bid are to be directed must be shown. 11.8. All supporting information requested in the Bid Form must be furnished. Do itut leave any questions or requests unanswered. 1 ?, Submission .oft ids 12.1. Bids shall be submitted at the time and place indicated in the invitation to Bid and be included in an opaque sealed envelope, marked with the Project title and shall name and address of the Bidder and accompanied by a completed Sworn Statement under the Florida Trench Safety Act, Statement on Public Entity Crimes, the Bid Security and ether required documents which are included in the Contract Document. INSIRUC"CION rn BIDDERS B•1 40 40 40 ra 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, 24 C.F.R., 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., f=lnrida Statutes. The Bidder who will perform trench excavation work on a construction project with trench excavation(s) over 5 feet in depth must allocate and include in its bid the cost of compliance with trench safety standards and any special shoring requirement. The Bidder must indicate in the sworn statement the method(s) he intends to use to achieve compliance with each item (i.e., trench box, sheet piling, cribbing, wood shoring, or other method selected by Bidder). i 13.1. Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening; of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable ` satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work. 14. OpDr__. g of Bids 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. 15. Bids to Remain Open 4 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 5eeuriiy prior to that bate. 16. Awardff Contract 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 orconditional 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 thereofwill be resolved in favor of the correct extension. INSTRUCTION TO HIt7D[:tLti IS -5 40 • E' 16.2. In 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. 16.3. Owner may consider the qualifications and experience of Subcontractors and other persons and organ i zations(inc I udi ng those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and under the signature and the official address of the partnership must be shown below the signature. 16.4. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 16.6. If the contract is to be awarded„ it will be awarded to the lowest responsive, responsible Bidder on the basis of the Total Base Bid. 16.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. Paragraph S.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. Interpretation of the Annr�, nximaw—Q s n it+ s The Bidder's attention is called to the fact that any estimate ofquatttitics ofwork to be done and materials to be fumished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The Ownpr tines 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 wort, or other conditions pertaining thereto. 14. ExeCulionofContract The Bidder to wbnm the ('nntract is awarded shall, tl in tett (10) days of the Notice of Award, execute and deliver five (5) copies of the following to the Engineer: a. Agreement INSTRUCTION -ro BIDDERS It8-6 40 • 4D I ® b. Performance Bond(If required) c. Payment Bond(If required) r d, Certificate of Insurance 20. RACI 9 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 i 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 tailing to execute the awarded Contract shall be held by the County for consequential 4 damages incurred, and the Contract awarded as the Commission desires. l T 40 tP 4D rr , BID PROPOSAL t INDIAN RIVER COUNTY WABASSO CAUSEWAY PARK INIPRO'VEMENTS t IRC BID #2026 COUNTY PROJECT 49623B I proposal Wiltiam Glover Inc. i (Bidder's Name) 286 North l3abcock St., Metboume, Florida 32935 (Bidder's Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents TO: Purchasing Department Indian River County 2625 19th Avenue Vero Beach, FL 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. I I The undersigned agrees to do all the work and furnish all materials called for by said plans and specifications, in the manner prescribed therein, in accordance with the Contract Documents and to the standards of quality and performance established by the County, for the unit prices stated in the spaces herein provided, for each of the items or combination of items stipulated. It is understood that certain quantities shown in the schedule are approximate only, subject to increase or decrease and for the purpose of bid comparisons for deteunination of low Bidder. It is further understood that payment will be in accordance with quantities placed in the construction as more specifically provided in the Instruction to Bidders mid Tecluiical Specifications included as part orthe Contract Documents. 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, 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-LXUJtte-tlteS'01.trad and tgfnrnish Indian Ttiy -r _n in a PeI lTJ7] B�n_cl !ti an am' z LL r ofthe_c_nntract,oriCe attd�'_tiyl�IIt�.Un.d.in.a�mQunt•egtl'�l�n 1110%Qfthe Co�atiast pricr_Thc Contractor shall provide two (2) separate 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 trental contract price is below $50,000. 3. To begin work within twenty (20) calendar days after the date of receipt by hurt of Notice -to - Proceed, and to complete the Project within one hundred said twenty (120) calendar days as DID PROPOSAL II C> '�► ? specified in the Agreement between the owner and the Contractor. 14 4. To reimburse Indian River County, as liquidated damages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the contract work, the amount of one hundred dollars ($100.00) per calendar day, not to exceed the total amount of the contract. t 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 without collusion with any person, firm, -all 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 documents and that he will ace pt 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 the actual quantities in the completed work, whether they be more or less than those shown. BU) PROPOSAL RP . � I 40 E-3 • NVabasso Causeway Park Project No. 9623B Iteniked Bid Schedtde (Exhibit "A" to Agreenient) Item I V— f-1—.t;f1- I ";t I '"it pf4pp pvton6nn I Mobilization and General Conditions I LS S27,826.20 527,826.20 2 Construction Stakinu I LS $9,209.00 58,208.00 3 Cicarin2 and glubbi g 4.4 Acres 53.780.00 516.632.00 Excavation & demolition I LS 57,020.00 57.020.00 -4 5 Sedimentation. siltation and erosion control I LS S13.770.00 513.770.00 6 Select sand fill 783 CY 59.64 56,765.12 7 Filter fabric for rock revetment 27.800 SF 50.27 57,506.00 8 Annor and beddjpj stones, 16" to 18" dia. 3,090 Toms 551.94 5160,185.60 9 Beddine stones. 2" to 6" dia. 580 Tons 548.60 529,188.00 10 Finish gradin and compaction 21,400 SY 51.19 $25,423.20 11 Turf Block" pavers, including 1.5" thick ;.and base; joints and voids Med with sand. 4,425 SF 53.37 1 514,910.48 12 Concrete sidewaM, 6" thick 732 SY S26.84 519,645.42 13 Concrelc wheel stops, precast, 61ona 121 Each $24.81 $3,001.72 14 Handicapped parking signs and pressure irealed himber parking space delineation 8 Each 5259.20 52.07160 15 Wastewater pumping station. include RTL: terminals in control panel for future R1 -U to be instaUed by Others. I Each 543,507.80 543,507.80 16 Sanitary sewer main. 6" Dia. DIP 80 LF 544,28 53,542.40 17 Force main. 3" dia. HDPE.SDR- 11 80 LF 513.50 S1,080.00 1$_ Sanitary sewer clean-out I Each 5243.00 $243.00 19 Connection to existing sewer force main I Each 51,890.00 $1,890.00 20 Directional Bore 3" dia. for sewer, no casing, 60 I -F 530.24 $1,814.40 21 Connection to existing water main I Each $928.80 5928,80 22 Directional Bore 2" dia. for water, no casing 60 LF 523.76, $1,425.60 23 Water sei-,i c c main. 2"" dia. I IDPE. S D R- I 1 180 LF 54.32 5777.60 24 lBack-flow Prevenger, 2" dia. I Each $918.0 S918.00 25 Water service line. 3 4" dia. polvethylenc 22 I -F S3.24 571.28 26 Maintenance of Traffic I LS $5,400-00 $5,400.00 17 28 jLmpraryconstruc:bon sign f1toject sign 2-06.60 4 F j_clj Each ____ $432.00 — S853,20 51,728.00 29 lcvalcd restroom building I I -S 5110 077.27 5110,077.27 30 electrical service connection and riser for restroom building I LS S1,080,00 51,080.01) 31 Elcvatcd wooden wilkwav and entrance deck I LS $49,788,00 $42,788.00 12 She"t:r,rowur . I I EJA $2,893.32, $2,893.321 ADDENOUM NO 2 810 PROPOSAL BP -3 33 Tem orad irri ation syswin 1 LS $6,480.00 $6,480.00 34 Seagrape, 10 gal. 14 Each 586.40 51,209.60 35 Scagra e, 3 gal. 89 Each 510.80 $961.20 36 Yau on Holl•.. 10 gal. 22 Each 586.40 51,900.80 37 Yau onHoIl•.3 gal. 299 Each S10.80 53,229.20 38 lWeeping Yau on Holl. 30 gal. I Each 5216.00 $216.01 39 ive Oak, 5.5" cal.,SP'ECL\IEN 19 Each 5864.00 516.416.00 40 IFlorida Ked Bay. 45 gal. 12 Each 5243.00 52.916.00 41 ICabbage Pah. 8'- 16' 286 Each 599.36 528,416.96 42 Owarf Yau on 1Iolh, 3 ¢al. 362 Each 510.80 53909.60 43 ISand Cord ass. 3 gal, 2.053 Each 53.78 57,760.34 44 Saw Pahnetto (silNer). 3 gal. 548_ _ Each 523.22 512.724.56 45 Nec4:lace Pod, 3 gal. 67 Each 511.88 5795,96 46 Silver Sea Chew, 1 gal. 1,146 Each 55.40 56,188.40 47 Dune Sunflower, 1 gal. 81 Each 55.40 $437.40 48 Blanket rower, 1 gal, 223 Each 55.40 51,204.20 49 Ria Grass 1 1. 691 Each 55.40 53,731.40 50 Sod, Common Bermuda 173,046 SF SO.231 516.566.83 51 Shredded: ' cess Bark Mulch 1 404 C'1' $27.001 510,908.04 total Base IJKI �i 3i3`J3,140.4) � .l reowH,rro rz�,r�• Al ighting system for fishing catwalks, including 1 Ls 525,407.00 525,407.00 electrical service connections and risers A2 Trash receptacles, including base mounting 16 Each 5399.60 56,393.60 concrete and utstal[lation hardware A3 Park bench, 6' long, including base mounting 14 Each 5267.84 53,7.49.76 concrete and installation hardware 1 otal Altenmates =¢ Total Combined Bid 5730,696.82 ADDENDUM NO 2 E31D PROPOSAL SP -4 40 C-1 40 ACCOMPANYING THIS PROPOSAL IS Bidder s Bond (Insert the words) "cash", "bidder's bond", ar "cenified check", as the case may be, payable to INDIAN RIVER COUNTY.) l The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the OWNER as liquidated damagcs 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 mid faithful performance bonds with sureties satisfactory to the OWNER, and accompanied by the required certificates of insurance I coverage. Should the OWNER be required to engage the services of an attorney in connection with the enforcement of this bid, bidder promises to pay OWNER'S reasonable attorneys' fees"incurred with or without suit. l The names of all persons interested in the foregoing proposals as principals are as follows: (NOTICE . If bidder at other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual co-parmers composing firm; if bidder or their interested person is an individual, state first and last names in full.) Wilffarn Glover, Inc. - Witham Glover, President Patricia Glover, Vice President Bidder hereby certifies that it has all license's and permits required by Federal,'State and local statutes, regulations and ordinances, Contractor's License No: CGG-008546 ' Bidder hereby acknowledges receipt of the following addenda: i No. t date 1"13-00 No. Y date _..• i No. 2 date -21-DO No. date — No. date No, date No. date No. date NOTE: If bidder is a corporation., the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation and corporate seal; if bidder is a co -partnership, the true name of the firm shall be set forth below, together with the signature of the partner or partners authorized to sign contracts in behalf of the co- partnership; and if the bidder is an individual, his signature shall be placed below; if a special partnership, the names of the general partners and speci partners. Signature of Bidder: ,1191am Glover, Inc. VVVifflum G over, President DID BOND r KNOW ALL MEN BY THESE PRESENTS, that we WILLIAM GLOVER INC . as Principal, and RLI INSURANCE CQ ANY as Surety, a Corporation duly organized under the Laws of the State OR th its principal offices in the City of PEORIA , and authorized to do business to tfie State o[Flodds are held and firmly bound unto INDIAN PIV'ER COUNTY hcreinafter called the OWNER in the penal sum of FIVE PERCENT.OF THE AMOUNT Dollars (S57 - I ),lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sural well and truly be made, we bind ourselves, our heirs, exccutors, administrators, and successors, jointly and severalty, firmly by these presents. I The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated _JANUARY 26 , 2000 , for the construction of i I WAEASSO CAUSEWAY PARK IMPROVFNIEtNTS IItC tail] f, 2026 IRC Project 09623B NOW, THEREFORE, if the Principal shall not withdraw said bid within the period of time set forth I in the contract documents,, and shall within ten (10) calendar days after the prescribed forms are presented to him for signature enter into;L written contract with the OV I�MR in accordance with the bid as accepted, and if the Principal shall give the required blinds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of Iaborers and rnaterial men, or r in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said I contract, and give such bonds within tare time specified, if the Principal shalt within sixty (60) days after request by the OWNER. pay to the OWNER the difference between the amo,.mt specified in said bid and the amount for which the OWNER may procure the required work if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. It is further agreed that if the OWM—R h required to initiate legal proceedings to recover on this bond, it may also recover its costs relating thereto including a reasonable amount for attorneys' fees. r IN WITNESS WHEREOF, the above -bounden parties have executed this instrument under their several seals this day of JANUARY 21 , 2000, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undetrsigned representative pursuant to authority of its governing br dy. BID BOND L BB - t WILLIAM GLOVER, INC. TNESSES(ifindividual) $5�[AiCI�';164 ���, e Ij -T'UC Y Y � (Bidder) gY Titles.° C. AMST (if corporation) / Titl d.GCts-� r_C .r_c� • C%/�. Cdrporate Seal RLI IN Ul C IPAl NY sly DON B AGE 'TitleAT:T RNEY-IN--TACT RESIDENT- A -NT Any claims under this bond may be addressed to. Name and address of Surety 9425 N. LINDBERGH DRIVE —UQBIA, IL 61615..... Name and address of agent or BROWN & BROWN, INC. representative In Florida if P.O. Box 2412 different from above DAYTONA BEACH, FL • 32115-2412 944-252-9601 Telephone number of Surety and agent or representative in Florida ATTEST , Corporate Scat ntD r OND 00.7 r C-1 • s i rfl 1 „ t -k-I� POWER OF ATTORNEY 9035 el. Undbergb D,. • Paoria, It, 61615 Know All Men by These Presents. BOND NO. SSB- 279686 That this Power of Attorney Is not valid or In effect unless attacked to the bond which it authorizes executed, but may be detached by the approving officer If desired. I That RLI INSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and Appoint DOn Bramla o Jillisny W. Henderson, James R. Hall, Jointly or Severally In the City of Daytona Bcach Stele of Florida its true and lawful Agent and Attoiney•in-Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on Its behalf as Surety, the following described bond, t Any Performance orPaymentor Labor and Material or Maintenance or Supply orBid Bond providingthe bond penalty i does not exceed Five Million Dollars (Ss,Ooo,o00). The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such i bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit.- "All o-wit:"All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed In the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorise. The President, any Vice President, Secretary and Assistant Secretary, or the Treasurer, t may appoint Attorneys»ln•Fact or Agents who shall have authority to Issue bonds, policies, or undertakings In the name of the Company. The corporate sea] is not necessary for the validity of any bonds, policies, undertakings, powers of Attorney, or other i obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." i jBluo shaded area above indicates aurhenticrty) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal i affixed this 1st day of January , 1999. Hr,t 11,'SURANCE COM'A\Y F&—xZ _ —+-- Fresident State of Illinois j S S+4" t County of Peoria ] `h,4,�. [ I»N 01 ,,"'s%+~' On this 1st day of JamM , 19.2 before mc, a Notary Public, i personally appeared ionatha4 �Sichacl, who being by me duty sworn, acknowledged that he signed the above Power of Attorney as the aforesaid offieer of the RLI INSURANCE COM PANYand acknowl- edged said instrument to be the voluntary act and deed of said corporation. t Noisty eut'lic "OFFICIAL SEA ' CYNTHIA S. DOHM W.)TARr PUBLIC, STATE OF ILLWO4 MY COWAISSION EXPIRES 02174142 CERTIFICATE 1, the undersigned officer of Rt.l lnsurance Company, a sicck corpora- tion of the State of Illinois, do hereby certify that the ailo'!hed Power of Attorney is in full force and effect and is irrevocable; and further. more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force, Iii testhnonywhcreof, l have hereuntoser 4.y hind and the seal of the ILLI Insurance Company this 21ST day of JANUARY. _ . -29po , RL I INS URA NCE CO Al PANY / eyi � �`./Ut�cc. cr 1 CI President SPAPIS (I "I 40 • STATEMENT OF PUBLIC ENTITY CRIMES This form is a swom statement under Section 287.133(3)(a), Florida Statutcs, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer oaths, t 1. This sworn statement is subn-dtted with Rid Tiro. 2© =— for Wahasso Caust!Way_Park Improve s 2. This swum statement is submitted by William Glover, Inc. l (name of entity sbbmining sworn stawnentj whose business address is 296 NorthBabcock 5t., Meltaoume, Florida 32935 and applicable) its Federal Employer Identification Number (FEIN) is 59-2300274 . {If the entity t has no FEIN, include the Social Security Number of the individual signing this sworn I statement: } t 3. My name is William Glover (please print name of individual signing) +Presidentt _ and my relationship to the entity named above is 4. I understand that a "Public Entity Crime" as defined in Paragraph 287.133(l)(g), Florida t Slatutas, 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 s or political subdivision of any other state or of the United States and involving antitrust, i fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. i 5. I understand that "convicted" or "conviction" as defined in Paragraph 286.133(1)(b), Elo ida t 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 verdict, nonjury trial, or i entry of a plea of guilty or nolo contendere. b. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a),EloridiStatutcs, means: a. A predecessor or succc,:snr of a Licrsori rolivicted of a public cmity ai lute; or, b. An entity under the control of a natural person who is active in the management of the entity and who has bcen convictcd of a public entity crime. The tcrm "affiliate" t 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 L person, ora pool+nz of t!quipnicnt of income .unung persons when not for fair market value under an arm's length agreement, shall bt: a prima facie case that one person controls ar.ctlict pcisun. 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. t 7. I understand that a "person" as defined in Paragraph 287.133(1)(c),Elwida Slatutcs, 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 r 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 arc active t in management of an entity. 8. Based on information and belief, the statement which -I have marked below is true in relation I to the entity submitting this sworn statement. (Please indicate which statement applies.) 1 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the + entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I, 1989. f l 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 r of a public entity crime subsequent to July 1, 1989, (Please indicate which additional statement applies.) 1 There has been a proceeding concerning the conviction before a scaring officer of the State of Florida, Division of Administrative Bearings. The final order entered by the hearing ' officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) + The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the Statc 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 (lie convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) " (signature) (date) STATEMENT Of PUBLIC ENTITY CRIME'S 40 • i r STATE OF ! Elcykclo— COUNTYOF - Y&.lay-d- i { PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, LoWka W. 6-l6l e t_ after first being (name of individual signing)sworn by me, affixed his/hff signature in the space provided above on this 5` day of s ,2000. f I NO'T'ARY PUBLIC f.o!� Judith a KBIJ www * `-SS *My C m Nssim CC734351 ExpiraAprf121,2002- commission expires: r�o 1 ' I { P I f t I 1 STATEMENT or Ptim—rc. ENTV; Y (-PI c: s.a 40 4M MF � �'► u ► ►1 l f► M t; I► I i !: i s I THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTfiI R I OFFICER AUTHORIZED TO ADMINISTER OATHS. i 1. This sworn statement is submitted with Bid No.—J-026 M for tis This sworn statement is submitted by:. William Glover, Inc. whose business address is: 263 North Badcock St„ Melbourne �td (if applicable)its Federal Employer f Identification Number (FEIN)is 597300274 (If the entity has no FEIN, i include the Social Security Number of the individual signing this swom statement .) 3. My name is William Glover and my relationship 1 President 1 to the entity named above is , 4. I understand that an "affiliate" as defined in Section 145.05, Indian River County Code, means: The term ^affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are -five in the management orthe entity. 1 S. I understand that the relationship with a County Commissioner or County employee that ! must be disclosed is as follows: rather, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nepho., ...c, l husband, wire, rasher -in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, f . sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halt brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is trite in relation t to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this swum statement, nor any officers, d;rectors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with t any County Commissioner or County employee, v The entity submitting this S ot;t statcnlcttt, ur one or more of the officers, directors, 1 executives, partners, shareholders, employees, members, or agents wkao are active in management of the entity have the following relationships with a County Commissioner or t County employee: STATEMENT ON DISCLOSURE 40 L -I 40 Relativmhip ar emplo= gl 6 (signature) (date) STATE OF COUNTY OF By lq� a K, -A. The foregoing instrument was acknowledged before me this —&�4—�day of,"V I 2000, bY-WIUILW.21 jr F�f.e�, who is personally known to me or who +ras-predeeed- as identification. NOTARY PU13LIC 6ign5print. !� State of Florida at Large My Commissioner Expires: 0,)" 0+, a eel (Sea]) 4 i 4D i SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORIM MUST BE SIGNED I3Y THE BIDDER WHO WILL BE RESPONSIBLE FOR ! THE EXCAVA'T'ION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, INTHE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADKINISTER OATHS. 1. This Sworn Statement is submitted with the Bid No. _._ 202G - for �s 4baS5� C]rl7VrntS (Name or Project, and Contract No. or Designadon, etre.) � 2, This Sworn Statement is submitted by William Glover, Inc. (regai name oren6ty submitting sworn statement) 1 hereinafter "BIDDER",business address is 286 North Babcock St., Melbourne, Fl. 32935 t BIDDER'S Federal Employer Identification Number (FEIN} is 59-2300274 " William Glover ' 3. My name is and my relationship (print name o r ind iv'sdu al 'signing) to the BIDDER is president — of/for the l-3LDDER William Glover, Inc. _ (position or title) I certify, through my signature at the end of this Sworn Statement, that I am art authorized representative of the BIDDER. 4, The Trench Safety Standards that will be in effect during the construction of this Project are contained within A.WeJ t v, 4vevinis-' & " (refer to the applicable Florida Statute(s) and/or OSIiA Regulation(s) and include the ""effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and/or OSTIA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BTDDEWS compliance with the trench safety standards. 5. I'lte BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards and agrees to indemnify, defend and hold harmless the OWNER and ENGINEER, and any of their agents or employees, from any claims arising from the failure of the BIDDER to identify applicable standards or to comply with said standards. As specific . consideration for the indemnification above, the OWNER agrees to give the BIDDER twenty-five dollars ($25.00), which the OWNER agrees is paid on behalf of all parties ;adcmnified ltt:i-eras aL:svt-, 6. The BIDDER has allocated and included in its bid the total amount ofS5Q'Ly^ , based ' on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards and intends to comply with said standards by instructing the following specific method(s) of compliance on this Project: Tin r ,a ! yt i•r aont� tg� _5 c ewtfs c7 V The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such ructhods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and TPUNCH STATEMENT II 40 40 ENGINEER shall have no responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards. 7. The BINDER has allocated and included in its bid the total amount of S!1%ot)`L. based on 1 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: 1 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 1 OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have not responsibility to review or check the BIDDER'S compliance with the Trench Safety Standards. l 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information 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 characterigtics to assure BIDDER'S compliance with the applicable Trench Safety Standards in designing the trench safety systems) for the Project. BIDDER By (Signature) ' { (Position or.Tille) (Bale) Y SWORN TO AND SUBSCRIBED before me flifi day of 2000. I My Commission Expires. K2s tt *'• 4 �u rnn c Keunnann * my Commiss!orn CC735M1 110es APA 21. 2M N tY Public rRENCtt STAIVNIE:Ni- t T-2 e GENERAL INFORMATION REQUIRED OF BIDDERS t THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH TIES REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY 1 A BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED. i Submitted with the Bid No. --2026— far Wahass_Ca=.. au Park impmvcrnmts,_ I L Contractoes Name/Address William Glover, inc. 286 North Babcock St., Meboume, Florida 32935 2. Contractor's Teleplione & FAX Numbers: Phone: 3211253-2517 Fax: 3211253-3452 3. Contractor's License: CGC-008546 I 4. Number of years as a Contractor in construction work of the type involved in this contract: I General Contractor- 30 vears 5. What is the last project of this nature that you have completcd? Our Project Manager, Steven Burton, has completed 6 similar projects ranging from $500,000.04 to "$2,000,000.00. i 6. Have you ever failed to complete work awarded to you; if so, where and why? I No 7. List the names and titles of all officers of Contractor's finn: William Glover, President Wiliam Ward -Senior Esta ,utor Patricia Glover -Vice President Steven Burton - Estimator/Project Manager 8. Name of person who inspected site or proposed work for your firm: Name: William Glover Date of Inspection: January 14, 2000 Steven u on January 19, 2400 William Ward January 21, 2000 NOTE: If requested by the County, the Bidder shall furnish a notarized financial statement, references and other information, Suffcieatly rUtrprclrers;ae to ptrn-dl ail appraisal of his current financial condition. i. { By74, (Signalurc} William Glover, President (fosiltonn or Title) tDalc] In 40 • �rx � 4 I i I f i I V p . DIST OF SUB- COi✓TRACTO RS The Bidder NVILL list below the name and address of each Sub -Contractor who will perform work under this Contract in excess of one-half percent of the total bid price, and IYILL also list the portion of the work which will be done by such Sub -Contractor. After the opening of Proposals, chanes or substitutions will be allowed with written approval of Iridian River County. Sub - Contractors must be properly licensed and hold a valid Certificate of Competency. Submitted with the Bid No. --2D26— for Wahm o C ause± yay Park-_jmXoj etnCntz Work to he FerfQna&d Sr csntractars'` NatTiei dCtr 1. Site and utilities } 2. Dzds -, ap i no 3. Precast Concrete 4. PI ulnbing _ 5. Electrical N4[e Attache t ydljliiASShrete ifQ lir d, B T4—mo } asa raffia• �, :Gt:ik3g,�Inc. 120 43re Ave.. SW.... Vero Beach, FL 32968 Mark's Landscape Service, Inc. 441 Third Avenue Indialantic, FL 32903 Southeastern Prestressed Conc., Inc 860 Benoist Farms Road West Palm Beach, FL 33411 23-umb-.0 o of Far_ varAr Inc. 2_0_0._� ahaRhodes BIyd. , Unl t D-4 Wes Melbcsurne,.FL 32964 Advanced Electrical Service of Brev.,Inz 473 Linda Lane Melbourne, FL 32935 (Sigetature) Li] �� am Sl Jftl ci�E'%� Pt�ci r3ant January 26, 2000' (note) QUESTIONNAIRE Q.2 4 I" I I CONTRACTPORMS � LECTION TITLE t Agreement i PAGE NOMAF_R A 1-3 t Performance Bond PD 1.4 t t Payment Bond PB 1.4 t Sample Certificate uf"Insurance CI 1 i Final Payment i FP 1 Application for Payment AP I Shop Drawing/Catalog Cut Submittal SD I 41P AGREEMENT INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARK IMPROVEMENTS COUNTY PROJECT NO. 9623B THIS AGREEMENT made and entered into on the day of ,2000, by and between William Glover. Inc 286 N. 'Babcock Street. Melboumc. Florida 935 ( Add res 5 ) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the taws of the State of Florida, hereinafter called Clic County. t a.I I I *1100 ` That the Contractor and the County, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The Contractor shall furnish all of the materials and perform all the work shown on the drawings and described in the Specifications entitled: WABAS5O CAUSEWAY PARK IMPROVEMENTS ` COUNTY PROJECT NO. 9623B l 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 Bid Schedule attached as Exhibit "A" and made a part of this agreement. L Article 2. COMMENCEMENT AND COMPLETION & DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within twenty (20) calendar days after receipt of the notice -to -proceed and shall complete the project within one hundred and twenty (120) calendar days. The time stated for completion shall include final clean-up of the premises. The Contractor agrees to reimburse Indian River County, Florida liquidated damages for each calendar day elapsing between the date herein specified as the day of flail completion and the actual day of such completion of the Contract work the amount of one hundred dollars (S 100) per calendar day. Not to cxceed 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 S720.553.46 Written Amount Seven Hundred Iweniy Thousand Five Hundred Fifty- 'fbree Dollars and Polly -Six Cents Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the value of work completed .laid component material on site will he made upon request ;;t riot Icss than monthly iroervals -lir iequeGt rnu�f be al ad%; ti -ugh Ilse E ngmt-v on an approved estimate showing the component breakdown of the work totaling, the 40 • 40 Article -4. PAYMENT &RETAINAGE: Progress payments on the Contract amount for the d 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 tite work totaling the awarded Contract price and the amount of work for each item completed at the time t of the request. Ten percent (1(}%) 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 lie 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 Lias been completed, and acceptance by him under tite ternis and the conditions t thereof is recommended and the 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. d t 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 t 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 lirm, will bear the firth's seal, and will t be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly a authorized officer of the subcontracting; firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the # final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing; after final payment or from + requirements of the Specifications and of all claims by the Contractor, except those previously trade and still unsettled. Article G. INDEMNIFICATION: Subject to the monetary limitations in Article 5.3, of the General Conditions, the Contractor, upon his pari, 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 daniaige to property, resulting Iroul the acts or omissions of the Cntttractcir in perfomiins his obligations under tli;- Contract. Thr parties expressly rccognixr that the relationship between the County and Contractor is that of owner and independent contractor, and that neither lite Contractor nor any y of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. Article 7. PUBLIC CONSTRUCTION PAYMENT BOND AND PERFORMANCE BOND: The Contractor shall furnish the County immediately upon execution of this C'ontntct, a Performance Bond in an amount equatl! to 125% of the Contract price + and a Payment Bond in an antount equal to 100% off the Contract price with good and sufficient sureties, conditioned Capon the perfonnance of this Contract by the Contractor in accordance with the ternis and conditions hereof; within the little Atittt•t NIFN r A L-1 CA 4b hclUa: providcd and with the additional obligation that such Contractor shall prorlm,pq make payments to all persons supplying him labor, materials and supplies, ! used directly or indirectly by the said Contractor in (lis: prosecution of the work provided for in this contract. The Contractor shall record the Payment and performance Bond with the Public Records Section of the Indian River Courthouse located at 2000 161h Avenue, Vero Beach, Florida, 32960. The recorded bonds will be forwarded to the Purchasing Division within a week. The Contractor shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. In lieu of the Public Construction Bond, the Contractor may furnish an alternative form of security in the fornm of cash, money order, certified check, cashier's check, irrevocable letter of credit ora security as listed in Part lI of F.S. C'bapter 635. Any such alternative form of security shall he for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. Performance and Payment Bonds may be waived by the County if the total contract is below $50,000, IN WITNESS WHEREOF, the parties hereto have executed this agreement [lie day and year first written above. Y [Contractor) l,Uk�1 avw u} . Crl2}J,P_r, t'�i�srclent Signed and sealed by the C ontr ,orJi tlbe resence of; mow. In lmnnra #�J�AM Carnrnr�:yjan.CC2358gt •3 u d ��1-b� C► k'rx,�-�'mci v�y-� i1XV UPI- Attest 6 .t .c...-. (Seal) INDIAN RIPER C(1�L— 1"1 Attest Fran B. Adams, Chairman Jeffrey K. Barton, Clerk Dated:. 6Akwa l.4,s A5,Jcc0 -IS SAL) a�f 'kt la F`]•Ak l':1 F:11 , NILUVA1. ii,1l k: 11 lilllilimoinon } / :9 13nilgel. dry-- Y ■ /yh I.Cpal RA hlanagci.m.1 'Xi Ills -oil Ilcn.l 17ixi4„�.n %4j1l cA Al;ltl't ktFti t 40 40 • THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Performance Bond IN TIDE nFCORD9 OF JEFFHEY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO,, FLA.. BOND Nn- SS8279704 Any singular reference to Conlractor, Surely, Owner or other party shall he considemd plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): WILLIAM GLOVER, INC. RLI INSURANCE COMPANY 286 NORTH BABCOCK STREET 9025 NORTH LINDBERGH DRIVE MELBOURNE, FL 32935 PEORIA, IL 61615 (407 253-2517 (309) 692-1000 OWNER (Name and Address(: INDIAN RIVER COUNTY2625 19TH AVENGE Q VERS) BEACH, FL �+ (561) 567-8000 z CONSTRUCTION CONTRACT � oats; Amount: $$(5,336.49 W. Description (Name and Location): WA -BASSO CAUSEWAY PARK IMPROVEMENTS COUNTY PROJECT 09623B BOND } Dale (Not earlier than Construction Contract Date): Amount: $ 865,336.49 Modifications to this Bond: CI none CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) WILLIAM GLOVER, INC. ,i ✓ , , Eel Signature: Name and Ti 1e:� (Any additional signatures appear on page 3) SURETY RLI M See Page 3 Name and Title: DON BRAKLAGE ATTORNEY-IN-FACT/RESIDENT (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or BROWN 6 BROWN, INC. other }ratty): P.O. BOX 2412 DAYTONA BEACH, FL 32115-2412 (904) 252-9601 ZA Dpi; UMtvn A77i , rt4r0Rti%A14C[ 6oN6 ANU Mim(fit &0'w13 • MEMO M1 E0. • AlA It iFlt A41r41rA11'N%0iiij1 o'r A4!CW1'r75, 1-M T11V7'v-?K AvrA3I2.194f I ?sr'-af: tF,rM:lti,. • f.'.+1%'.ii %:iI A IRUE COPY CERTIFICATION ON LIST PAGE iM URTOK ID" 00 W 40 i i 1 The Contractor and the Surely, jointly and severally, bind themselves, [heir heirs, executors, administrators, successors and assigns to the Owner for the performance of the Consouction Contract, which is incorporated herein by reference. 2 If the Conlractor performs the Construction Conlracl, the Surety and tine Contractor shall have no obligation under this Bond, except to participate in conferences as provided In Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 14 below that the Owner is considering declaring a Comrattor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be Feld not later than fifteen days after receipt of such notice to discuss methods of performing the Cons lruc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason• able time to perform the Construction Cunsract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right Io complete the contract, Such Contractor Default shall not be de- clared earlier than Iwenly days after the Contractor and the Surely have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance %illi the terms of the Construction Contract or to it contractor selected to perform the Construction Contract in accor� dance with the terms of the contract wills the owner, 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surely's ex• pense take one of the following actions: 4.1 Arrange for the Conlractor, with consent of the Owner, to perforin and complete the Construction. Contract; or 4.2 Undertake to perform and complete Ilse Construc- tion Contract itself, lhiough its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a consract fqr performance and Completion of the Con- struction Contract, arrange for a contract to be pre, pared for execution by the Owner and the contractor selected with the owner's concurrence, to be secured with performance and payment bonds execuled by a qualified surely equivalent to Ilse bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex. cess ut oke ailanto of tln Cuolrail Price lncul+ed Ly Idle Owner resulting from the Conlraclor's default; or 4.4 Waive its right to perform and Lomplese, arrange for completion, or obtain a nese contractor and %wills reasonable promptness under she circumstances: .1 Alter investigalion, delerrnfne title An,uunt fur lihich it Illay be Gable to Ilse Owner and, as soon as practicable after the amount is deter• mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and nosily the Owner citing reasons therefor. 5 Ii the Surely does not proceed as iYtovided in Paragraph 4 wish reasonable promptness, ilie Surely shall be deemed to be in default on Ihis Bond fifteen days after receipt of an additional written notice (torn the Owner to the Surety demanding that the Surely perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and tile Owner refuses the payment tendered or the Surely has denied liability, in wllote or in part, wilhoul further notice she Owner shall be entitled to enforce any remedy available to the Owner, G After the Owner has Ierrninaled the Contraclor's right to complete the Construction Contract, and if the Surely elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then Ilse responsibilities of the Surety Io the Owner shall not be greater than those of Ilse Contractor under the Construction Contract, and the responsibilities of the Owner to lhp Surely shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commilment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on Idle Conslruction Contract, the Sure- ty is obligated without duplication for: 6,1 The responsibilities of the Contractor for correc• Sion of detective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and.te- sulting from the actions or failure to act of the 'Surely under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Cons Fact, actual dam. ages caused by delayed performance or non-perfor. mance of the Contractor, 7 1 he Surely shall not be liable to the Owner or others for obligalions of the Contractor that are unrelated to tale Coll - struclion Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, No right of action shall accrue on this bond to any person or entity other than the Owner or its heirs, ninrnlorc. administrators or su.*cessors, 8 The Surely hereby waives nolice o1 any change, rnclud- inh Changes of time, to Isle Construction Contract or to related sultcnrilracts, purchase orders and a0mr obliga- tions. 9 Any trroceedmg, legal or equitable, tinder this l3c:ld may be ioslituled in any court of compeleni jurisdiction in tree location mwhlch the work or tart of line work is localed and shall be insiisuted t%iiltia i%%o years after Contractor Ll ufiult. ur ,.+illi:[ t'%o ycarN after the L'q,strd sur erased workingtic s„shin Iwo years afler the 5urely refuses or fails so perform its obligations under this Bund, whichever oc- curs lif$C If the provisions of this Paragraph are void or prohibilod by law, tile minimum period of limitation avail- AlA DocUM[Nt A311 - I1l1r0R+tArt1 110,A+ ANO FMMIrti BOND - L1lC M11lf1104 to • All } -- — -- - - 11,01 AMIRIC.A`i IvsrrtUlt t.)r alcrnrWIS. Irl% r 1w IM A'4'9., N.W.. WASHM;tuv. a c ;CAk4 A317.1984 2 THIRD PRINIu,C • &0101 1911 4b 40 4b C> able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on she sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The inlent is that this gond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contracl Price: The Iolal amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con. MODIFICATIONS TO THIS BOND ARE As FOLLOWS: tractor ni any amounts receival or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is enlitled, re - 'lured by all valid and proper payments made to or on behalf of the Contractor under Ilse Construction Con- trlct. 12.2 Construction Contracl: The.igreenlenl between tlse Owner and the Conlractor identified on the sig- nature page, including all Contract Documents and Thalsges ]hereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construclion Contract.. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or 10 perform and complete or comply with the ocher terms thereof. THE Pftt0VISIO?1`: ANI: '_I1111OUlk, N 25{].05 OR SEC1I01`1 11323 F1.( Pj*L'k SfA1111I. 4YHIIIHEVER 1'i AI10r,AO! 1: TU 1110 C 1NiItAr ARL IIJV, ORFf1RAI F[1 llh T I I I S 9U1 ;i) It"f r.?".I; 1.4 (Space is provided below for additional signatures of added Ixarlies, other than ]hose appearing on the rover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporals seal) Company: ieorporaie Seal) Signature: Name and Title: Address: Signature; t- Ine and 11:1(x: Address AIA t)p{WM1741 A711 • I'MoRmAr.CE 8)N4) Avn PA141?I.0 n11 O. OIC0,10111 1'641111. -AIA AI 1H( AMMIZAN IN5111ntt 17r AACIIITECI5 171% Faw IIIHY. ABY . 14 NY . 1VAi111+16I0N, tr F 7"'A TPUF COPY A312 -19M THINE) IrAINIING + MARCH 1181 r* quiriCATICIN ON LM FAN J. K. BARTON, CtM 40 do f• INDIAN RIVER COUNTY, FLORIDA WABASSO CAUSEWAY PARK IMPROVEMENTS PARI{ COUNTY PROJECT NO. 9623B PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we as Principal, and as Surety, are held and firmly bound t unto the County of Indian River in the sum of Dollars ($ ) amounting to 125% of the total raid price„ for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful i performance of a certain written contract, dated the of , 2000, entered into between the Principal and the County of Indian River, Florida, for: t l A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein, NOW, THEREFORE~, THE CONDITIONS OF THIS OBLtGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and his i 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, i Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may y be made in said Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of said Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by said Principal, and further, if the Principal shall promptly make payments to all who supply him, with labor and/or materials, used directly or indirectly by the Principal in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the surn that the County of Indian River may be obliged to ' pay for the completion of said work, by Contract or otherwise, and any damages, whether direct, ' indirect, or consequential, which the County of Indian River may incur as a result of the failure of the said Principal to properly execute all of the provisions of said Contract. I AND, the said Principal and Surety hereby further bind themselves, their successc� 3, executors, administrators and assigns, jointly and severally, that they wili amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agenis or his servants, or l the infrngements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications and Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications and Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this gond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. WHEN THE PRINGIp,9C, IS AN INDMDUAL: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address WHEN THE PR NG PAL _[S-A- (3.Li= F'Rt MEIQRaHIP 7R P-EHA,T.E,S—UNDER A TRADE DAME: Signed, sealed and delivered in the presence of: Witness Name of Firm Address Signature of Individual Witness Address PERFORMANC L BOND PDQ - z 40 • � J P f *1t%ifiii•%i*kR***kRAfP%R1ffi*iii*if#*A**#**R1ff•fi****k**ik%kf! IFN THEBIMIRAL IS A PARTNERSER Signed, sealed and delivered in the presence of: Witness Address Witness Address Name of Partnership L) Partner Printed Name of Partner *******itfwwwwi%%t*tR%tkt%if%%riii•fii%*wii%w**k##Rt%#fflii%%+iefii%% ]6MFN THE PRINCEAL-aA CORPORATIOfJ. Attest: Secretary Name of Corporation BY (Affix Corporate Seal) Printed Name Official Title CERTIFICATE AS TS? CORPQRATE PRII`1C.IPAAL certify that I am the Secretary of the corporation named as Principal in the within bond; that who signed the said bond on behaif of the Principal was then of said corporation: (hat I know his signature, and his signature thereto is genuine; and that said Bond was duiy signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. (;SEAL) Secretary PERFORMANCE BOND FB - x i JQ,B EXEGt tTt<D Y C RP©RATP SUREL1C: Attest: Secretary Corporate Surety Business Address BY: (Affix Corporate Seal) Attorney -In -Fact Name of Local Agency Business Address Telephone Performance Bond STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to be for me this day of .2000. ^rty Commission Expires, Notary Public, State of Florida PERFORMANCE BOND PB - 4 40 do • ft THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO, S511279704 AIA Docurneni A3)2 Payment Bon( Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): WILLIAM GLOVER, INC. 286 NORTH BABCOCK STREET MELBOURNE, FL 32935 (407) 253-2517 OWNER (Name and Address): INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH, FL (561) 5678000 CONSTRUCTION CONTRACT Date: Amount $692 , 269.19 Description (Name and Location): SURETY (Name and Principal Place of Business): [ILI INSURANCE COMPANY 9025 NORTH LINDBERGH DRIVE PEORIA, IL 61615 (309) 692-1000 WABASSO CAUSEWAY PARK IMPROVEMENTS COUNTY PROJECT #9623B BOND Date (Not earlier than Construction Contract Dale): Amount$b92,269.19 `t Modifications to this Bond: ® None P -S• ee Page'6 CONTRACTOR AS PRINCIPAL SURETY �. s''. 4,. Company. (Corporate Seat) Corll�pany: :-(CopratWILLIAM GLOVER, INC. RLI SU 0ANCr ; 1 F r ALM Signature: — Sigh ts7ti Name and Title: A49 F.r s-� Nanle and 1 itle: ZION 11RAM LAG F E. ` /1� ATTORNEY -IN--PACT/RES IDENPt11` (Any additional signatures appear on gage 6) (FOR INFORMATION ONLY" --+Warne, Arlydress and Telvphone) =� AGENT or BROKER: OWNER'S REPRESENTAI IVE (AoLhitecl, Engineer or BROWN G BROWN, INC, other pa7lyl: W P.O. BOX 2412 DAYTONA BEACH, FL. 32115-2412 4.9 V 1904)_ 252-9601 Atli DOCUMEN1 A31I' • PIRFOR,4IAI:CF OUND AND PAYMINI P 0 N D • Ott. (Me 1R 1,44 (U. AIA r) .' 'IHI ArAIKICA?4 INSUT I(OF ARCHr1F05. 17IS NiW ' VRX AG'r . Nw, , WA3ItwGn; )N, pt:. M* A312.1984 4 CJl 11rIxIf Pttl41:: w • INAR[H f91F A TRUE COPY r Fti1Fll:RTt(i6tt,'1f��ir'A1�G IK BARION. CLERK C GR i a 1 Tile Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the fawner, this obligation shall he null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies anti holds harrriless the Owner from claims, demands, liens or suits by AnY person or entity whose claim, demand, lienor suit is for file payment for labor, materials or equipment for - niched for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety fat the address described in Paragraph 12) of any claims, dernands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shalt be null and void if the Contractor promptly makes pay ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Cfairnanls under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in f'aragrat)h 12) and sent a copy, or notice thereof, to the Owner, staling that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contrart with the Contractor: ,1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whon, the materials were furnished or suisplicd OF for whom the labor was dune or perfornied; and ,2 14ave either received a reiection in whole or in part from the Contractor, or not received within 30 days of furnishing, the above no- tice any communication 40111 the Contractor 13Y &N(h r.hr C'rilitr::r.f111 11_is indit,atr^ri the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to tile Sulety (at the address desrribed in Pmagtapit 12) and sent a ropy, or notice thereof, to the Owner. staring that a claim is being rnadP Under this Bond and enclosing a copy of the 11rfrvioo'. written notice furnished to the i:ontractoi s if a notice required by Paragraph 4 Is given by the Owner to the Contractor or to the Surety, that is Will- cient compliance. G y"Jhrrrl the Claimant has satisfied the conditions of Paragrapil 4, the Surely shall promptly and at the Surety's expense take the following actions: fi.i Send an answer to the Claim -111t, with a copy to the Owner, within 45 days after receipt of [lie claim, stating the amounts that are undisputed and the basis for chatlenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this !Bond, and the amount of this liond shall be credited for any payments made in good faith by the Surety u Amounts owed by the Owner to circ Contractor under tine Construction Contract shall be used for file perfor- mance of the Construction ConitacI arid to satisfy claims. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work - 9 (Ile Surety shall not be liable to tine Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have Obligations to Clainlailts Under this Bond. 10 the Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent loris - diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice requited by Subparagraph A-1 or Clause 4.2 3, or 12) on which lire last labor or service was 11e1formed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- slrcrctioll Contract, whichever of (1) or (2) first occurs. If the prowisjons of this iraray;raph are void or prohibited by lawn the minimum period of lirnitatiralr available to sureties as a defense III tfle iUnsdlction of the suit shall be ipplicable. 12;� Jo tlur 6wvtr'the UN'tler rix the Ccmtractcr shall be mailed or delivered to the address shown on the signature page, Attual receipt of notice by Surety, the Owner or the Contractor, Ilowewer accomplished, shall be sufficient curnpliancc ,is of the state received at 'lie address shown on the siy;rlahrre page. 13 When this Bond has been ftrm'isli d to comply with a stahAwy cr;atbel Ictal IL-quilenlent ill rile lucaliva Miele She trinstnrction w^as to he perfonred, any provision in this thrift rnnflicting with said oillutmV or legal rerlulrrinent shall he deerned deleted Irerefrnrn and provisions con - (aunlnyy l+) such statuloly OF (lther legal requitement shall be deemed iocurporaled herein ?he intent h that this AIA DOC UMIENr A112- r1 l roIrMANC t rst)04U ANu f AVM1 h , WPM* of 1 I MRH A 14A1 U) • AIA+ 1Ilk AM11t1LAN INSInutl of MUrnrl.CJ$. 171%nlw VnKK Ayl NW wASyllw4;l(W Ill: xA:�. p1/#p�y IIIIRrf rprlal•R.r. a ♦J A.Yf 111h1i t', diMA cor r Gill IFICATIONON LAST ME :xa GJ 1.0 -z3 Q-3 Ln t_rl Bond shalt be construed as a statutory bund and not as a common law bond. 14 Upon request by any person or entity appearing tobea potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. IS DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of (lie Contract. The intent of this Bond shall be 10 include wilhoul limita- lion in the terms "labor, materials or equipment" Ihat part of water, gas, power, light, heal, oil, ,gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWSI Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the [.)nlractor's suhcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15,2 Construction Contract: The agreernenl between the Owner and the Contractor identified on the sig- nature page, including all Canlfacl Documents and changeslhereto. 15.7 Us+ner t}efaull: Faitureof 111e Uu^mer, which iris neither been remedied nor waived, to pay the Con. Iractor as required by the C0115trULtiOn Contract or to perforin and complete or Comply with the olher terms Iftereof. TILE PROVISIONS ARP t.I1,111MION,S Qf ."•: li', I 255.05 OF SI i ON 11323 ILLOHIVA 1 ililt1! Vl1110IEVER IS 1011001.1 -10 THI. WFITII,W1, ARF. If G01111 11 AI CO 'fl 1.1111 !±fill] [Ii Ill! ..�!! (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Sl Knalure: __ Name and Title: Address: SURETY Company: IS`mj... Fall, �Vlll A i HUE COPY CFRTIFICAVON ON I -AST PAGE Signature. _ Name and Title: Address; A14 rlixr`10k4j." 4317 - et lOr4xa•..;;', K, -t! ;--.A - $4.�_f•., hlr �,+: rl' • =.i? a I: As.:[Rs. �::. ar:,tuv�t ut ,r,s+.*a,tic �s. ,rsl row xuxc +sal r+w . w.a,5rtnrc,ti,�r. t) a Mare A312 -19M 6 1 MRrt PI tNIP4 - MAIL( 14 lur J :1l W Q0 -v n Ul V— CrN i 40 �4 POWER OF ATTORNEY 4025 N. Lindt1ar4h Fir. • Fooria. IL 1111115 Know Ali Omen by These Presents,, BOND NO. SSB- 2 7 9 7 0 4 That this Power of Attorney is not valid or in effect unless Fittnched to ttu} ban II which Ila[Ithotizes executed. bill Inay he (Ir^tnckeg l by the approving officer if desired. That RLI INSURANCE COMPANY, an Illinois calporatian, does hereby crake, constt to And appoint Don Bramiagc, Jinnnry W. Ilendeison, James R. I Iall, Jointly or tievcral[y I)l[lolra Ilearh on lire Oily of - - -- ---•---- _ _ . 5lrrtc nl Florida _ _ J _ IIs (Fire And lawful Agent And Allntney-in Fact, wdh hill power And authority hereby conferred, to simi, execute, acknowiedrtc and deliver for and on its hohalf As Surely, the following Ilescribnd Grind. Any Performance or Payment or i.nbnr and Mnterint of Mnfntanance or Supply or iiid Bond pinvldinq the bond irenatly does not oxcend five Million nollnra (S5,ollo,009). The acknowlattgomont and execution of sect[ 1)(11141 by the Saul Attoinvy-In Fact shall tip' ret himiiliq ur,un Iles Company w; If v;ur h bond tied been executed Find acknowiedgild by the tegulal ly elan toil officer% of tins [,nrnlfanv The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Bo-selution adopted by 11111 Board of Directors of RLI Insurance Company, and now In force to -wit: °ASI bonds, policies, undertakings, Powers of Attorney, of other obligulio i of the coipumtinn shall be executed ill the corporate name of the company by the President, S'ocietmy, any Assistant Secretary, TreaMlWo, Vice President, or by such. other elliccrs as the Board of Directors may auttodze. The President, any Vice Ptesident, secretary and As;tstalll Secretary, or the 9'reasurnt, may appoint Attomeys•in•Fact or Agents who shall havo authority to issue bonds, policies, or undertnkiijus in the name of the Company. The corpotale seal is rlot necessary for the vnlldity of any bonds. policies, nndettakings, Powers. of Attorney, er other obligations of the corporation. Tho sigeature of any such officer and the Corporate seal may be feinted by facsimile." (Illy Sh,r'ned Firh'a nf,ec'u indleates air rffaancit YJ IN WITNESS WHEREOF, the RLI Insurance company Iraq rllusod these plosents to be execuled by its President with its corpotale seal affixed thia 1st day of Jonuaiy,1999, •,1�thll!."If'+r'�i7�, 111.1 rwsUlrtu's coanr,tyr' CID _rrl S -AL Sule of 11 linitis I - Caun(yafl+earia f 1,111111,• (TItI IFICNI'k Un this 1st day of January , le), before me, a Nulary Public. I. the understgnedofficer,d Bl.l [ns(nancc ('uury,ariy,Asluck n,rpnra. personally" AI1peared fnnith'+n who being by File duly tir,n of the Stale of Iliinni,. Jit la•rchy verb(' Ilial the Attached V—ver twnn,, arkn^ullPdit4,l thsl Fr 119,114 the ah:,;- 1', ;rr 4Ailrnney -h� , i Atk-,key is Thi. falt L,:.:.....! .li.,t aril is ihhrce.,li,la; and fork n el Ilie alnresaidofficeroftheRIA INSUItANCGC(*IPANYandackumvl nunv,that ill,rltesnLdinn„flhrcurnpalryaslet fog lhirifile I"'W.•1uf edged said instrument to be the voluntary act and deed of Said Alio, ney,isnawinllnn'.too 11 Allrunywheteol,th,v4lie, vlrnrnset oly Corporation. _ ...........,. P Inrnl and lhr sial ill Ilre Itt.l luiurance film{+any Ibis _..__... d:,y of -. 111.1 INSIr1iANCl'. L`tMl•AN1' , � Notary Public - _ +•. • - 11s: �j _�_ t�(L�-aiaC- h �ClfPlt,r}R� 8'hrsrd.-nl CYMHIA S. ROHM NMARY p(1611C SI11F OF %UI "FS MY CCIMJWSSION E]g'IR€S D2/2402 :;TATE OF FIARIDA INDIAN RIVER COUNTY I HIS IS TO CERTIFY THATTHIS IS A r,ultf+il +i+N 'I OWE AND COFIFIECT Copy OF THE CNiIGINALON FILE IN THIS OFFICE, .ten J. K.RAMN,ri.rmi 09 41 U1115FUIYCI .I V' IlA1E • 4D 40 i INDIAN RIVER COUNTY WABASSO CAUSEWAY PARK IMPROVEMENTS COUNTY PROJECT NO. 9623E PAYMENT BOND KNOW ALL MEN BY THESE. PRESENTS: That we , as Principal, and as Surety, are held and firmly bound unto the County of Indian River in the sum of Dollars ($ } amounting to 100% of the total bid price, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the _ day of _ , 2000, entered Into between the Principal and the County of Indian River, Florida, for: A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A. A claimant is defined as any person applying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 713.01 of the Florida Statutes. B. The provisions of Section 255.05 Florida Statute shall apply. The above named Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not been pair' in full before the expiration of a period of ninety (30) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgement for such sums or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant: i. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this bond for protection. 2. Unless claimant, or other than one having a direct contract with the Principal, shall within ninety (90) Clays after such claimants performance of the labor or compInte, delivery of materials and supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. PAYMit * *: T It INJ) VB 1 111111111110 C-1 40 3. After the expiration of one (1 ) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such taw. 4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Principal and the Surety jointly and severally, shall repay the County of Indian River any sum which it may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that they have a Best's Key Elating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their Several Seals, this _ day of , 2000, A.D., the name and corporate seal each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. f YVEI_y THE PRINCIPAL_ IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Address Witness Address Signature of Individual Printed Name of individual 1f!!!•\!•fi+•!!!!ff!•ffffffYf/,IR\IMRY\\RkY\ffY\ifY\M!#i\lYRiYfYt 1'AYMLNT BOND po - 2 C> i c , �w UNDER AT MIE-NAME + Signed, sealed and delivered in the presence of: Name of Partnership Witness BY` {SEAL) Address Partner I Printed Name of Partner Witness Address ffr*k*/***w***x*}*4►►tri****wk****4rx*rrr**/*►*/*x*FF**x/44xe/e► WHEN THE PRINCIPAL IS APARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: } i Address Partner Witness Printed Name of Partner I Address � :/►►►►►****x*xr►err►/r►►k►k►►►wr***/****w**wwF****x*rx**•xxx*xxx WHEN THE PRINCIPAL IS A G( 22QRAIIQN: Attest: Secretary Name of Corporation I BY I (Affix Corporate Seal) ( Printed Name t_ Official Title i N t. PAYMF.N"r BOND y PE§ 3 Q,FRTIEICATE kS TO CQRPORATE PHM IPAL I, , certify that I am the Secretary of the corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of said corporation by authority of its governing body. (S-EAW Secretary TO BE EKECUTED BY CORP©RATE SURETY Attest: Secretary Corporate Surety Business Address By: (Affix Corporate Seal) Attorney -In -Fact Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared, to me well known, who being by me first duly sworn upon oath, says that he is the attomey-in-fact for the and that he has been authorized by to execute the foregoing bored on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and Sworn to before me this day of .2000. Notary Public, State of Florida My Commission Expires: I'AYMVINT BOND I r'a•'r L dp i 0 I r' . I H q , I.r I.rktI I I III I I II 1'1,11 , I I r ' - .I I..I II: i' GER I IFIGAI E OF INSURAMCF. Thin rol flf+} Ihtil, SIAIE I ARM I'IRIS AND CAlltlAi_l Y COMPANY. 111r,omirq{hrn, lllinna 19 .91ATE I AW flr-.NFIIAI_ INHORANCF COMPANY, Plnnmiriryloo, Iliooi•: hlstilf. Ill. Itch+ WtIII wIllmlioldel rot lhh coverages IrldlcaTod hellny' 14 110 nt p'sih*yl pit def WTI,I,I.AM iG),0VLr R.s INC.. ---_._._.. •• - Adrl,nnr ni is lhrt+loldes 2 0 6 N SABCO.CK S'1'' M91,T111CIRNE 1°'t, 3 2 9 3', - 0 0 I wnli:u, of oprrnllrsrle A111J' L INSURED INDIAN RIVER COLI) 0-Iildlorr"t ,rnlallonq Th'IM1VF14IRN'P Pft0JI,'CV 2G25 147'11 IIIq pnhel-e Ilplod hnlmv hwe herrn Mond in ilia policyholder lot lila policy pedn•IIa elite sulrJacl it, -40 1 h lgfltl; galolual�er s,.elld Nildillons oI those poticlrss�Tlla Ilrnils of Ila bit 91 H+ – POLICY PP. R1 )t) pnt IPI/ bitIMgE11 TYPE! LW INSURANCE Elfe-etiva 090 Expirglion dale canrpreltRrnlve 9usl esaL Ili USj I.'T/9y 05/LT UU TI,iV- In*ar„+s, ,+ hu4rcrtrnF'tndtmra � coln�let�ed Opernlinns V f `.ontraMiAl I inhilitT I] I Irxlergrnlrrml I lazold covelape ❑ F'ereonatl burly Q Advedining Injury Ll Fxpinsinn I lil Covantge Collapse I'lezR11:I Coverage 0711e1I61 Agpiepale Lhnit Ilppllets la ear.Ir Ixntert FXt:k=8SI.IAl311,1IY P[Vato xpliaio Elfeellya pats Exph atloss 1) ate j] 4tmbre1la 1 poll Ir' ✓ wg immrp Wolkels' (mull lllsatlon mid rmpMwr.ts I Inhility TYnr nr INR-IRANQ N,,,,+ s„ r AAA—, ns V-11 —t , H=bin. INI)I101 1)1'tIRR 0)[Jl+ y 24;)l; IWI'}T hV"TIIR Vli'flr+ FIRAI-11 Ir1, V 9611 PAX# Ola l 'v 7 rl r. 1 ,IU AMI PRAN d'1'Y _WAf3ASSU i:AUS SWAY PARK 7,VI3 VERO 2CH FI, :12960 Yn. the Innurantr. dnanrihar! In 111in.r; ppliulns h VII IItaa trVe keert redyced by, Any .pa_id g9iITIs._ LI"M17'� fJF'llRBILII Y - (all I�Irminy of Irallcxls!riorlj._F - PfX)ILY INJURY AND Ill'"ILII I Y DANIVA: Each occursortrw S 14444-0010 Gnneral AgpretlRls 5;u1llli_d1l111 Products - cornpleterl U{relatlousAllplepale $ IK)17i1 V Rot i0v fAMil PR1515I'-17 Y bAkAS - {t:nrntsined Single l.ltnit} A99r-ega18 . ..-'$ _....... NitISIAIUlQ - ['art 2 BoOlt Y INJURY Inch Acetrlt it _ Utseass EaW Elnphsyee If nnyn� fl+.ts do*nr{hril pn!}r+,ln�t rlrn Mnc++Irrl hhlnff+�1•: -pfequon dale, Sime !-sltil will by to mall a written notice It, Ihtt rMliftate Iruldrs 311 days bplofe onooallstlon II Irnwavol, we iln]$ to mail swh notice, no ohligsitlon or liabilily will hA ltiipneed tin Mete Fertss of its *gents al I"rpt n-tollintivoR .lylr•hi„ra -A At th I nairrnw rNnt1 Ilyd, (] i�,r 40 4w L-1 ►''R CERTIFICATE OF �:IAIBILITY INSURANC a�1 DATE {MMR}YYY1 raD*LICER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, E)[TEND OR I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE i COMPANY A I gAone Nq. _ _.�_. INSURED + COMPANY B I REFERENCE: General Conditions, Art. 5 L!�Cp;-- 1 ' I p GDLIPFIIY D I COVERAGES - THIS IS TO CERTIFY THAT THE POLICIES OF IN SVRANCE LISTED BELOW HAVE BE EH ISSUED TO THE INSURED NAMED ABO'lE FOR THE POLICY PEAICD 1 Hp[CAT EO. NOTwITHSYAHOkNG ANY AEOIPREMEIfT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I! CE'CA KATE MAY BE ISSVED OR MAY PERTAIN. THE INSVRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCL USIOHS AND CONDITIONS OF SUCH PCIL ICIE S- LIMITS SHOWN MAY HAVE BEEN REOUCEQ BY PAID CLAIMS, CO POLICY NUMBER TYPE OF INSUAANCE POLICYEFFECTIVE BATE (MIA9DfY'1') POLICYEI(PITIATIOH LILU7S DATE {MWDOFYY# LTR I GENERAL AGGREGATE $2,000,000 GENERAL I unIL1TY r PROOW:TS• COMROP AGO ! 2, ODD, 000 I A .`-i—', COMMERCIAL GENERAL LIABILITY I CUYµS LIAOE I'; OCCUR PERSONAL i ADV UUURV ! 1 0 00 0 0 0 I OWNERS B CONTRACTOR'S PROT EACH OCCURREIICE S1,000,000 ^� I FIREDAMAGE (lyF_gM F,rl ! 5 0 0 0 0 I MED EXP (Any q ween) S 3,000 AVTOMOWLEUABILRFY COMBINEDSINGLE.LIMIT 11,000,000 A$ 1 ANY AUTO I - l ALL OWNED AUTOS SODIL�VLJURY ! 5CHEOVL'ED AUTOS H1RE0 AUTOS I BODILY INJURY f IPM yWtlRAl) I` ' � NDNfiW,NED AVTOS + I I PROPERTY DMAGE ! GARAGE LPABILITY I AUTO ONLY. EA ACCIDENT S I ANYAUTO I OTHER THANA11TOONLY. EACHACCIDENT Is 4! AGGREGATE IS • ExCE55LU EACH OCCURRENCE S, 000, 000 !S[L71Y � AGGREGATE1154000,000 _ ULIURELIA FORM A E 07HERTIANUMBRELLAFORM - - I WC • IDTIi-{ WORKERS COMPENSATION AND S Y LITMk EMPLOYERS' LIABILITY ;ELEACHACC[OENT !1,000,000`® I A THEPRETOW INCL EL DISEASE• POLICY LI MIT lI,000 Doo PAR TNEPADRS+EXEGUTIVEk'—'1I (EL DISEASE • EA EMPLOYEE a i 0 0 0, 0 0 0 I OFFICERS ARE EXCL { _ - L•THCN Y + kRIPTION OF OPERATIONStOCAT[ONS+'YEIL[CLES,SPECIAL ITEMS ard of County Commissioners, Indian River County, Floridd is added as additional insured against claims for damages to persons, property or promises arisinq out of tha operations to complete this contract. I ATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE QESCHIBEO POLICIES EE CANCELLED BEFORE THE rINDIANRIVER CO. BOARD COUNTY COMMISSIONERS EXPIRATION GATE THEREOF• THE ISSUING COMPANY HALL ENDEAVOR TO AWL !•T�• G:Yth Street �0 DAYS WRITTEN NOTICE TO THE CERTI✓EICATE HOLDER NAME* TO THE LEFT• o Beach, Fl 32960 EUT FAILURE TO MAL SUCH NOTICE WALL IMPOSE NO OBLIGATION OA LASRm OF AANcT� KINII UPON T HE COMPANY, IT S AO ENTNONNEPREI�NY ATn E, — ya...�_- r,r 7.1 `. Fl: e- f •3 T: l4 F.ly I11. +;. IS I'"L. 'rA •,i l + IT1#! cll Ll I TY I AJs`Is7zu Rlo RE3j.IjTA3 '-_ _ .. Ma11dg£r LACORD 253 (1195) _ VACORD CORPORATION 1906 L- fl -1 • 40 4W 40 FINAL PAYMENT CONTRACTOR STATE OF FLORIDA COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes who on oath says: That lie 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 t performance of certain work, more particularly described as follows: WABASSO CAUSEWAY PARK IMPROVEMENTS f County Project # 9623B Affiant further says that said construction has been completed and the contract therefore fully performed and final payment is now due and that all liens contracting directly with or directly i employed by such contractor have been paid in full EXCEPT: Name Description ACnoun I I who have not been paid and who are due the amount set forth. i WITNESS: (Corporate Seal) - ' I (Contractor) By: Subscribed and sworn to before me this _ day of 2090. L. I Attest: r. Notary Public r State of Florida at Large My Commission expires: (Notary seal) 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 1'1NA1. PAY N1ENT h FP 1 +f U13 i INDIAN RIVER COUNTY, FLORIDA as r APPLICATION FOR PAYMENT NO.— PROJECT NO: 2621B ACCOUNT NO:. I PROJECT: `t' BASSr.n►rrcrsirnynnuu rrurrau�lVr;MFretTQ CONTRACTOR' NAME/ADDRESS: - APPLICATION DATE: FOR PERIOD ENDING The undersigned CONTRACTOR hereby certifies that all items and amounts on the face of this application for payment are correct; that all work has been performed and/or materials supplied in full accordance with the terms and conditions of the contract. The undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, being Applications Far Payment numbered I through inclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this Application for Payment are Free and clear of all liens, claims, security interests and encumbrances. i Dated 2000 -. {Contractor} { CA Y; l (NamerriIIe) COUNTY OF INDIAN RIVER l STATE OF FLORIDA Before me this — day of ?.000. personally appeared t , known to me, who being duly sworn, deposes and says that (s)he is the of the CONTRACTOR above mentiorts; that (s)he executed the above Application for Payment and statement on behalf of said CONrRACI'OR; and ( that all of the statements contained herein are true, correct and complete. 4 Mowry Public My( 'wimlism)lr F'tPorus— V l APNt.t£'AT1rrN FOR PAYME'N'T L AP - t STATEMENT OF WORK Original Contract Price $ Materials Stored $ Net Change Orders (Attach derailed schedule and paid invoices) Current Contract Price $ Total Word/Materials to Date $ Work to Date: Less 10% Retainage $ Under Original Contract $ Sub Total $ Under Change Order $ Less Prior Payments $ Percent of Work Completed to Date— ----% BALANCE DUE THIS PAYMENT $_. The undersigned CONTRACTOR hereby certifies that all items and amounts on the face of this application for payment are correct; that all work has been performed and/or materials supplied in full accordance with the terms and conditions of the contract. The undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, being Applications Far Payment numbered I through inclusive; and (2) all materials and equipment incorporated in said project or otherwise listed in or covered by this Application for Payment are Free and clear of all liens, claims, security interests and encumbrances. i Dated 2000 -. {Contractor} { CA Y; l (NamerriIIe) COUNTY OF INDIAN RIVER l STATE OF FLORIDA Before me this — day of ?.000. personally appeared t , known to me, who being duly sworn, deposes and says that (s)he is the of the CONTRACTOR above mentiorts; that (s)he executed the above Application for Payment and statement on behalf of said CONrRACI'OR; and ( that all of the statements contained herein are true, correct and complete. 4 Mowry Public My( 'wimlism)lr F'tPorus— V l APNt.t£'AT1rrN FOR PAYME'N'T L AP - t 11140 11140 11140 11[ 40 P' SHOO' DRAWING/CATALOG CUT SUBMITTAL F ' TRANSMITTAL NQ. DATE q PR�11r`'T TiTi E• WABASSO C'AUSLWAYPROJECT-NO- 962313 PARK [A (' I ITE14". DESCRIPTl N• P-RlMr. CON rta ar �n13:. . Sl TB-MNTRA[ TOR: MANUFACTURER- SUPPLIER. ANl fFACTt TRER•SUPPLIER• — �r MANUFACTURER'S CATALOG NO. f DRAWING Na. t if this stll?n1iSt81']iri T11Il;i!intiori nr dcviuliarn £rornn Lhe contri1ct�Spec iri ^r in s gnbrnit al shall include mforrnati n rc4nired by die QeneraLfmnditi=- Attach sufficient l pages to his form to filly eom v yititlhs U grrircments of the CencEa Ggnditions. (RESERVE THE SPACE BELOW FOR SHOP DRAWING REVIEW STAMPS) I 1 f I L ATTACH THIS PACE TO E'AC H COPY OF THE SHOP DRAWINGS OR CATALOG CUTS 1 ri. ti110P k1RAWINGS Sri - 1 Plo CI 40 El GF.NERA>l, CONDITIONS Wherever used in these General Conditions or in the other Contract I)ocuntrnts the following, terms have r the meanings indicated which are applicable to both the singular and 1+1u1al thereof. r Addenda -Written or graphic instructions issued prior to the opening of Bids which clarify, correct orchange i the bidding documents or the Contract Documents. Agreerrrert! -The written agreement between OWNER and CONTRACTOR covering the Work to be performed. other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting, documentation as is required by the Contract Documents. Approved Equal - A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the ENGINEER. Bidder - Any person, firm, or corporation submitting a Rid 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 tile Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. I Contract - The agreement executed by the OWNER and Bidder given the Award for the Project, including t all Contract Documents, Contract Documents - Advertisement for Bids, Instructions to Bidders, Rid Bond, Bid Proposal. Statement 4 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 (FDO'T) Standard Specification for Road and Bridge Construction (1996), FDOT Roadway and Traffic Design. Standards (1994), American Water Works Association Standards, American National Standards institute, American Society for Testing and Materials Standards and American i Association of Stale Highway and Transportation Officials, Standard Building Code (1997), together with t all Addenda and Change Orders issued with respect thereto. h Contract t'r'ice -The moneys payable by OWNER to CONTRACTOR under the Contract Documents as L stated in the Agreement (subject to the provisions sof paragraph 11.9 in tie case of Unit Price Wurk.) 1 Corirrucl ira,ac - The run.ber of days; (,�c�mpilted as provided in paragraphs 17.2 and 173) or the date slated iy in the Agreement for the completion of the; Wurk. Contractor • The person, firm or corporation with whom OWNER has entered into the A,grcement. Defective - An adjective which when modifying ilte word Work octets to Work that is unsatisfactory, faulty at deficient, or does not conform to the Contract Documents, or does not meet the requirements of any 1 inspection, reference standard, test or approval referred to in thti c ontract Ducuntents, vi hat. been don+uged prior to El`IGINEER'S recmmnwndntinn of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Coinpletion in accordance wrtL ponograph 14 S or 14.10). L(iENFRAI. t'fJN1A1'TIONS at- t L 40 40 40 Drawings -Tie drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - Public Works Director (or his designee) Department of Public Works Indian River County, Florida 1844 25's Street Vero Beach, Fl. 32960 Field Order - A written order issued by ENGINEER which orders minor changes in the work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division 1 of the Specifications. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award - The written notice by OWNER to the apparent successful bidder stating; that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER - Indian River County, Florida 1840 25" Street Vero Beach, FL. 329610 Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorircd representative of ENGINEER who is assigmcd to the site or any part thereof. Shap Drawing - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all 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 sonic portion ol'the Work. Specifications - "I"tose portions ui the Contract cunsisiing of written te.chr.ical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Gf'NERAL CONDITiONS GG - 2 t! C-� 40 Substantial Corvrpletion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it 1 is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially t completed" as applied to any Work refer to :Substantial Completion thereof. Suppleirtentaly Conditions - The part of the Contract Documents which amends or supplements these { General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor. i' Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed i underground to farnish any of the following services or materials; electricity, ;gases, steam, liquid petroleum i products, telephone or other communications, :able television, sewage and drainage removal, traffic or other control systems or water. t Unit Price Work - Work to be paid for on the basis of unit prices. r Work - The entire completed construction or the various separately identifiable parts thereof required to be a furnished under the Contract Documents. Work is the result of performing services, furnishing labor and w furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRAC'MR, issued on or after the Effective ®ate 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 i to be performed as provided in paragraph 4.3 or to emergencies tinder paragraph 6.27. A Work Directive Change may not change the Contract Price 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 10.2. Written Amendment - A written amendment of the Contract Documents, signed by OWN[ -'R and t 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. G t A 1l LE_ 2 PKF.[.1MINAitY MA` RS 1 Delivery of Bonds: 1, 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also t deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance wall paragraph 5.1. Copies of Documents; 2,2 OWNER shall furnish to ('t3N 1 RAC`lOR up to tcn : ul r,+ ,1t ., ,Alfie rn i • specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary tM the executtnn of the Work. Additional copies will he furnished, upnn request, at the cost ot'nproduction. T l` [ iENt:kAl. i'CINI)I'i'IUiV;+ UC 3 6 C-1 Cl Commencement of Contract Time, Notice to Proceed: 2.3 The Contract Time will commence to nun on the day indicated in the Notice to Proceed. A Notice to Proceed maybe given at anytime after the effective date of the Agreement. In no event will the Contract Time commence to run later titan the seventy-fifth (75) day after the day of Sid opening. Starting the Project: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the 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. CONTRAC70R shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR 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 submissions; and 2.6.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during, constniction. Such prices will include an appropriate amount of overhead and profit applicable to each item or Work which will be 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 ofinsurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Section 5. !'reconstruction Conference: 2.8 Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a contcrence attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and tier processing Applications for Payment, and to establish a working understanding aniong the parties as to the Work. Finalizing Schedules: 2.9 Al less.It:n t!"Is d ys• t*e#i r: submi0on of thr first Apphealion I''m Payment a conference atlen;led by CONTRACTOR, ENGINE -1 -ilk and others as appropriate will be held to finalize Lite SCkLt ulr:, submitted in accordance with paragraph 2.6. The finialia.ed progress schedule will lie acceptable to t;t M,RAL CONI11TIONS rc - a f 40 +! I� 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 t scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will he acceptable t' to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: f I 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR conccming the Work. The Contract Documents are complementary, what is called for by one is as f binding as if called for by all. The Contract Documents will be construed in accordance with the i law of the place of the Project. 3.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part I thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or I equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well -know technical or trade meaning are used to describe Work, materials or equipment, such 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 i or Regulations of any governmental authority, whether such reference be specific or by implications, I 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 I as may be otherwise specifically stated. However, no provision of any referenced standard I 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 t or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER'S consultants, I agents or employees, any duty or authority to supervise or direct the fumishing 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 t ENGINEER as provided in paragraph 9.4. i 3.3 If, during the performance of the Work, CONTRAC"FOR rinds a conflict, error or discrepancy in the 1 Contract Documents, CONTRACTOR shall so report to ENGINI?ER in writing at once and bel"ore proceeding with the Work affected thereby shall obtain a writlen interpretation or clarification from f ENGINEER; however, CONTRACTOR shall not be liable to OWNER or L'NGINEER for failure 1. to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have know thereof. Amendhng and Supplementing Contract Documents 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions to the LWork or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1 a formal Written Arnendmenl, 3.4.2 a Change Order (pursuant to paragraph 10.4), or 3.4.3 a Work Directive Change (pursuant to paragraph 10.1). GliNFRAL MNIX I IONS + 0C • 5 4D 4M As indicated in paragraphs 11.2 and 12. 1, Contract Price and Contract Time may only he 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 Cato TRACTOR 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 hearing 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. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. IF CONTRACTOR believes that any delay in OWNER's furnishing these lands, right-of-way or casements entitles CONTRACTOR to an extension of the Contract Time, CONTRAC'T'OR 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 Deports: 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 utilired by ENGINEER in preparation of the Contract Documents. Stich reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 4.3 Unforeseen C'onditirnn-v CONTRACTOR shall promptly notify OWNER and ENGINEER in writing or 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. EN61Nl ER will promptly review those conditions and advise OWNER in writing; if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRAC"FOR, trENGINEI R finds that the results or such investigations or tests indicate that there are :subsurtace or talent physical conditions which dilTer materially from those intended in the Contract Pojuinents, and which could not reasonably have GENliRAt. C ONDUNONS r3C - 6 40 40 r� been anticipated by CONTRACTOR, a Change Order shall be 'issued incorporating the necessary revisions. t Physical Conditions - Underground Facilities: t 4.4 Shown oi- Isidrrnreit The information and data shown or indicated in the Contract Documents with respect to existing Underground facilities at or contiguous to the site are based on information and data furnished to OWNER or ENGiNEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.4.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any i such information or data, and a 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 h Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.25 and repairing any damage thereto resulting from the Work, the cost of al10 f which will be considered as having been included in the Contract Price. Utilities: 1 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 i 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. f 4.6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of t the work from the records of the utilities with known facilities in the vicinity of the work. The position of these facilities as derived front Stich records arc shown on the plans. Service connections, irrigation pipes, and traflie signal wiring may not be shown on the plans. The t 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, f irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be i - responsible for any damage thereto. 1 4.7 With regard to paragraph 6.25, damage, injury, or loss resulting in whole or in part from the d . 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 DrIwings 1 or Specifications or to the acts or omissions of the OWNF'R or ENGINEER or anyone employed by I_ 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 ntay be allow; d 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 Documems. If such discovery is trade, the C ONTRAC"CUR shall promptly notify in writing the OWNER, L•NGINEER and the Utility. 'llae OWNER may:hake changes in the alignment and grade of the work in accordance with the section titled "Changes in the Work". 4i; NERAL. CONDITIONS TIONS tic 7 i- CA Cl i 4.9 At no additional cost to the OWNER" the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position differing materially and significantly from that indicated or referral to in [lie 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 manncr satisfactory to the Utility, it being 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 which in ENG[NEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.. AIdTICLE 5 - BONDS AND INSURANCE 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 brands, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. CONTRACTOR shall furnish the bonds on the forms provided in these Contract Documents in accordance with Article 5. 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 CONTRACI'OR to meet the above requirements. All bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of"Companies ]-Folding 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 (lie authority to act. 5.2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of"which must he acceptable to OWNER. In lieu of the Performance and Payment Bonds, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part If of F.S. Chapter 625. Any such alternative Harm of security shall he for the same purposes, and be for the same amount and sublcct to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative farm of security shall be made by the OWNER. Such honds shall continue in Meet for one (1) year after completion and acceptance of the work. GENERAL CON'DI'1110Nti (IC - B • 4W 40 1� 0 CONTII;AC'FOR's Liability Insurances 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 i subcontract until all similar insurance required of the Subcontractor 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 w paragraph 13.12. 5.3.1 Insurance Requirements: f � 5.3.1.1 Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This ,policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and F.N;INEER on account of injury sustained by an employce(s) of the CONTRACTOR. + 5.3.1.2 Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and P Property Ramage. This shall include coverage for: I • Premises/Operations • Products/Completed Operations f • Contractual Liability i Independent Contractors 5.3.1.3 Business Auto Liability: Coverage shall provide minimum Limits of liability of I $3,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: I + Owner Autos • Hired Autos • Non -Owned Autos i 53.1A CONTRACTOR's Property insurance: CONTRACTOR shall purchase and t maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the I Supplementary Conditions or required by law). This insurance shall include the I.. interests of OWNER, CONTRACTOR and Subcontractors in the Work, shall insure against the perils of fire, lightning and extended coverage, shall include "all risk" i insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may he provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of our resulting from any insured loss or incurred in the repair or t 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, CONTRAC-fOk shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies or insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph shall contain a provision that the covcragc afforded will not be canceled, materially changed or reduced until at ]cast thirty (30) days" prior written notice has been i given to OWNER. j� GENr-RAI. CONIX11ONS w t;C - 9 V C-1 fA *ls r 5.3.1.5. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and insurance Endorsement" forms in the exact formal and working presented in these 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 insurancc and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. The certificates shall provide for the following: 5.3.2.1,1. "Board of County Commissioners, Indian River County Florida" will be named as "Additional Insured" on both the General liability, Auto Liability and Builder's Risk "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 be made a provision of the contract (sec paragraph 6.36 and 6.37 of the General Conditions). 5.3.2.3, It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. 5.3.2.4. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operation. 5.3.2.5. Insureds must be authorized to do business and have an agent far service of process in Florida and have an "A" policyholder's rating and financial rating of.) least Class XI in accordance with the most current Best's Rating. ARTiCLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for tine means, methods, techniques, sequences and procedures of construction, but C'ONI'RAC"FOR shall not be responsible for the negligence of others in the design or selection of specilic means, methods, techniques, sequences or procedures of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CON'T'RACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not he replaced without written notice to OWNER aril ENGINEER except c & NI: RA1_ C'ONDrr[ONS QC ID 40 C_A 40 �r 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 i to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3 CONTRACTOR shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at } all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicted in the Contract Documents, all Work at the site shall be performed during regular working i 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. r 6A Unlcss otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all material, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water sanitary facilities, temporary f facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, I 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. if required by ENGINEER, CONTRACTOR shall fumish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. r 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 I 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. r 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 then if effect and additionally will comply with any provisions of the General Requirements applicable thereto, i t Substitutes or "Or -Equal" items: q 6.7.1. Whenever materials or equipment are specified or described in the Contract DOenmenls by using t the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, Junction and quality required and to cslablish a basis for bidding. i Unless the name is followed by words indicating that no substitution is permilted, substitute t materials or equipment may be reviewed by Engineer il' 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. 6.71. If CONTRACTOR wishes to furnish or use a substitute iter=.r of material or equipment,. CONTRACTOR shall make written application to Engineer For review thereof, certifying that the proposed substitute will perform the functions and achie�e the results called I'or by the Contract Documents, be similar and ofequal substance to that ,lice, tied and be suited to the same use as that l specified. 'Me application will state that the evaluai ion and rL view oI the proposed subsi ltnte will UliNlitiAt. CON IYl I II SNti cc - it CI i not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not review of the substitute for use in the Work wi11 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, all of whish shall be 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. C. Engineer may require CONTRACTOR to fumish at CONTRACTOR'S expense additional data about the proposed substitute. 6.7:4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to Engineer, if CONTRACTOR submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in paragraph G.I 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 lite right to deny use of any proposed substitution. The CONTRACTOR shall not order, install or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. OWNER may require CON`T`RACTOR to furnish at CONTRAC'TOR'S expense a special nlanuficlurer's performance guarantee(s) or other surety with respect to any substilule 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 Documcnis occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse OWNER for lite charges of Engineer and Engineer's consultants for evaluating each proposed substitute. 6.7.6. Substitute materials or equipment rnay be proposed for acceptance in accordance with these paragraphs (F.1 through F.6). In lire event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the OWNER and CONi'RAM'OR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to hale his bid on the named materials or equipment. Concerning Subcontractor, Suppliers and Others: 6.8 CONTRACTOR shall not employ any Subcontruc:iur, Supplier or other person or organization (including those acceptable tm OWNER or ENGINE Ek as nidicated in paragraph +6.10), whellier (iFralRAI.CONDITIONS GC - 12 40 C� i initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. a I CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or f organization to famish or perform any of the Work against whom CON'T'RACTOR has reasonable objection. 0 6.9 The apparent low Bidder, and any other bidder so requested by the OWNER, shall submit, within seven (7) days atter the day of the Bid opening, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment, with a value in excess of $5,000.00. The list shall include the name and address of the Subcontractor, person or organization and a description of the services, materials or equipment to be supplied. i 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 I 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 N a waiver of any right of OWNER or ENGINEER to reject defective Work.. 6.11 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 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 omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.12 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the. Work to be 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 Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.3. Patent Fees and Royalties. 6,14 CONTRACTOR shall pay all license fees and royalties and assume nil costs incident to the use in L the performance of the Work or the incorporation in the Work of any inscntion, design, process, product or device which is the subject of patent rights or copyrights held by others. Il'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 ENGINI?ER 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. CONT AUfOR shall indemnify and hold hanntess OWNER and EMANE:ER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court and arbitration costs) arising, out of any inti ingenient cif patcnt Lrights or copyrights incident to the use in the pci1-ormance of the Wotk or resulting from the t)HNERAL CONDITIONS CC - 13 L ti 410 incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connections with any alleged infringement of such rights. Permits: 6,15 unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which arc applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for 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. 6.16 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 Laws or Regulations. 6.17 If CONTRACTOR observes that the specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicted in paragraph 3.4. if CONTRACTOR performs any Work knowing or having. reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.18 CONTRACTOR shall pay all sales, consumer, use: and other similar taxes required to be paid by CONTRACTOR in accordance with the taws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.19 CONTRACTOR shall confine construction equipment, the store.ae of materials and 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 arias permitted by haws and Regulations, rights-of-way, Permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACI'OR shall take all precautio,rs 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 clairtm be made against OWNER or ENGINEER by nny such owner or occupant because of die performance of the Work, CONTRA["TOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted by laws and Regulations indemnity and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees ofengincers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or cnnsLquentially out ofany action,. legal or equitable, brought by any such other party against OWNER or ENGiNEER to the extent based on a claim arising out of UFNERAL CONDITIONS CC - 14 El • �Mz r CONTRACTOR'S performance of the Work. n 6.20 During the progress of the Work, CONTRACTOR shall keep the premises free From accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises l 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, U I 6.21 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent t property to stresses or pressures that will endanger it. Record Documents: 6.22 CONTRACTOR shall maintain in a safe place at the site one (l) record copy of all Drawings, Specifications, Addenda, Written Amendments, reviewed Shop Drawings, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all reviewed samples and counterpart of all reviewed Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and. Shop Drawings will be delivered to ENGINEER for OWNER. Upon delivery of such documents 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 '1-frese requirements also supplement those of Article 14. Record documents shall be up-to-date and available for review by the resident project representative prior to each application For progress l payment. Payment will not be made for construction of items not shown on the record documents. 0.24 Not less than two percent (2%) of the contract price shall be retained until correct record drawings, specifications, addenda, modifications and shop drawings are delivered to and reviewed by the t ENGINEER. I Safety and. Protection: t 6.25 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary t . precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to- t 6.25.1 all employees on the Work and other persons and organizations who may be aliccted thereby; 6.25.1 all the Work and materials and equipment to be incorporated therein, whether in storage on IL or off the site; and 6.25.3 other property at the site or adjacent thereto, including trees, shrubs, ]awns, walks, pavements, roadways, structures, utilities and. Underground facilities not designated lin removal, relocation or replacement in the course of construction. jurisdiction for the safely of persons or property or to protect them from damage, injury or loss; and shall erect w d maintain all necessary safeguards for such safety and protection. CONTRAC 011 shall notify owners of adjacent property and of thiderground Facilin"i and utility owners when prosecution of the Work may Direct them, and shall cooperate with them in the protection, removal, relocation and replaceinent of their property. All damage, injury or ]us% to any property referred to t tit3Nl:ltAt. t:`t)IVI11'ffoNS CC - 15 f Ir C> �bin paragraph 6.25.2 or 6.25.3 caused, directly or indirectly, in whole or in part, by CONTRAC"T"OR, and Subcontmetor, 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 anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence ofCONTRACTOR). 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 ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 11.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).. ® 6,26 CONTRACTOR shall desigate a responsible representative at the site whose duty shall be the prevention of accidents. This ,person shall be CON'TRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER, ® Emergencies: 6.27 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss CONTRACTOR 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''.'Vork Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.28 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINFMR for review in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five (5) copies (unless otherwise specified in the General Requireinents) of all Shop Drawings, which will bear a Stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as LNGINVER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfonnance and design criteria, materials and similar data to enable LNGINLER to review the information as required. 6.29 CONTRACTOR shall also submit to ENGINEER for review with such promptness as to cause nn delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CON'T'RACTOR has salistied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertincol Jaw such as catalog, numbers and the use for which intended. 6.30 Before submission of each Shop Drawing or sample CONTRACTOR shall have detennined and verified all quantities, dimensions, specified performance criteria, ttastallation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with either Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6MURA1. t'ONPI MON!,' GC - 16 sh 40 • I� 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 1 Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review or each such variation. I 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, 1 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 P such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number ofcorrected copies of Shop Drawings and submit as required new samples for rericw. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on 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 nutation thereof incorporated in or accompanying the Shop Drawing or sample review; nor will any review by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.36. 6.34 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER's review of the pertinent submission wi,l be the sole expense and responsibility t of CONTRACTOR. I 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 resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and I OWNER may otherwise agree in writing. N Indemnification: t 6.36 The C'ONT'RACTOR shall hold harmless, indemnify and defend the OWNER, the OWNER's I Representative, the ENGINEER, and their consultants, and each of their officers, employees and agents harmless from all costs, losses, expenses, damages, attorneys' firs, and other costs, including all costs of defense, which any of theta may incur with respect to the 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 tlocm is made a party. t' 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 organisation P directly or indirectly employed by any of them to perform or furnish any oftlie Work or any one for �• whose acts any of there may bt liable, the indemnification obligation under paragraphs 0.36 and 6.37 shall not be limited in any way by any limitation on the omount or type of damage::. cues;u nsattaa or benefits nnvatale by Or for CON' RM— i OR or any such Subcontractor or other person or t3FNF-t AL CONDiTIONS CiC 17 CI M is organization under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.39 The obligations ofCONTRACTOR under paragraphs 6.36 and 6.37 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or empioyces arising out of tite 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 CONTRAC'T'OR to notify the ENGINEER, in writing, in the event of any doubt or question as to the true meaning of any provision in the Contract Documents. The rNGINEER'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 some as similar parts that are shown or specified. Materials of work described in words which have swell-lmowi technical or trade meaning shall be deemed to refer to such recognized standard. 6.40.2 The CONTRACTOR shall verify all dimensions, quantities, locations, materials and details shown on the Plans, Supplementary Drawings, schedules or other data received from the Architect or Engineer, and shall notify him of all errors, omissions, conflicts and discrepancies found therein. railure to discover or correct errors, conflicts or discrepancies shall not relive the CONTRACTOR of full responsibility for unsatisfactory work« faulty construction, or improper operation resulting therefrom nor from rectifying such condition at his own expense. lie will not be allowed to take advantage of any error or omissions, as full instructions will be furnished by the Architect or Engineer, should any error or omissions be discovered. All schedules are given for the convenience of the Engineer and CONTRACTOR and are not guaranteed to be complete. WIN Related Work at Site; 7.1 OWNER may perform other work related to the Project at the site by OWN:R's own forces, have other ►work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or required additional time and the parties are unable to agree as to the extent thereof„ CONTRACTOR may roake a claim therefor as provided in Articles 1 i and 12. 7,2 CONTRACTOR shall afford each utility owner and Other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for 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 doling. fitting Land patchinxi of the Wo,k drat 112t3y lir reg kir,:el ti,'%n-tkc tw :. i+: poi m cuinc 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 FNGINEER and the others whose work will be affected, 1lie duties and responsibilities of LONA RAC'TOR under this paragraph arc for the benefit of such utility owners and other contra tors to thc extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other cumttactors. (ilaNl4RAl. CONI)i'I'IoNS tic - 1 a CI • I. 7.3 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such 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. CONTRAC'TOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: + 7.4 If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions, Unless 1 otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination, i :: ► .r► A t + ► 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint nit engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall he subject to arbitration. 8.3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.10. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations p and tests of subsurface conditions at the site and in existing structures which have been utilized by + ENGINEER in preparing the Drawings and Specificntions. I' 8.5 OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance t are set forth in paragraphs 5.5 and 5.1.2. 8.6 OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4, 8.8 In connection with OWNER's right to stop Work or suspend Work, sec paragraphs 13.10, and 15-1. l Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR tinder curtain �— circumstances. i AWfICLE.9! - ENG FEWS-S'1'ATILS..DURI1!iC:.CONSTRt_+SGTION 10 OWNFR's krpre%entative. GENERAL CONDITIONS cc - 19 40 40 40 9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER"s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 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 Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants are set forth in Section 00801, Exhibit B, titled "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative". If OWNER designated another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes (lint a written clarification or interpretations justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article l 1 or Article 12. Authorized Variations in Work: 9.5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract DOCnments. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRAC-1"011 who shall perform the Work involved promptly. If CON"T"RACTOR believes that a Field Order justifies an ine.reace in the contract t'::cr cn—U . ;:AWasimi :;f the C:;n ua,: t 1 ince and tits parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 1 I or 12. Rejecting Defective Work: 9.6 F*1Co!t!t liI will have authority to disapprove or reject Wurk which ENGINEER lachev+cs to be defective, and will also have authority to require special inspection or testing or the Work as provided in pata,},r:i}:l: l3 -, wht:thct tlr iiw if c tVork is Pabi ibutsd, [m.stulied of completed, GC - -+0 4D i C3 Shop Drawings, Change Orders and Payments ► 9.7 in connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraph 6.28 through 6.35 inclusive. I 9.8 In connection with ENGINEER's responsibilities as to Change Orders, see articles 10.11 and 12. 9.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, see " article 14. Determinations for Unit Prices: f 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed l by CONTRACTOR, ENGINEER will review with 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 I ENGINEER written notice of intention to appeal from such a decision. 9 Decisions on Disputes: d 9.11 ENGINEER will be the initial interpreter of the requirements of the Contract documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating; to the " acceptability of the Work or the interpretation of the requirements of the Contract documents pertaining to the performance and furnishing of the Work and claims under Articles 1 I and 12 in " respect of changes in the Contract Price or Contract Tune 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 tire. 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 (butin no event later than thirty (30) days) alter the occurrence of the event giving rise " thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty b (60) days after such occurrence unless ENGINEER allows an additional period o£time to ascertain more accurate data in support of the claim. I " 9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.l 1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any o interpretation or decision rendered in gond faith in such capacity. The rendering of a decision by t EN6INL"ER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract I Documents or by Laws or Regulations in respect or any such claim, dispute or other matter. ` Limitations on ENGINE M's Respunsilrilltfcs: 9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract. Documents Cnor any decision made by ENGINEER in good faith either to exercise or not exercise such authority ` shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR any Subcontractor, any Supplier, or any other person or organization performing any of the Work. or tel any surVty for i. any of them. 9.14 Whenever in the Contract Doculncnts the tcnns "as ordered", „its directed" "as required", "as allowed". "as approved" nr tell]rS Of like effect or import are used or the adjectives "reasonable". tiFN1:RA1, CON 01'1'InNS V 0C - 21 11. 4D • • "suitable", "acceptable'", "'proper'" or ""satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment 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). m The use of any such teror adjective shall not be effective to assigns to ENGINEER any duty or authority to supervise or direct the furnishing or perfonnance 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 CONI'RACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident therein, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work, ARTICLE ] - CHAMUS IiiTom_ OR 10.1 Without invalidating the Agreement and without notice to any surely, 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 Work. Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2 If OWNER and CONTRACTOR arc 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 1 1 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 any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.21 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: 30.4.1 changes in the Work which are ordered by OWNER pursuant to paragraph 10, 1, are required because of acceptance of r1cfecrive Work tinder paragraph 13.13 or correcting rkfecrrve Work under paragraph 13.14, or are atn°ed to by the 1x+1'!tcd: 10.4.2 changes in the Contract Price or Contract Time which are agreed to by the parties, and 10.4.3 changes in the Contract Price or Contract Time which embody the substance orany written decision rendered by ENGINEER pursuant to paragraph 9.11; piuvided that, in lieu of executing any such Change Order, an appeal may he taken from any such deciston in accordance with the provision,. of lhv Unntr:ic•t tit?NYRAL CONDI HONS etc - 22 40 MO 40 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 amount equal to 15 percent (15%) of the sum thereof which shall be considered and accepted as full compensation for general supervision and the furnishing of small tools and miscellaneous equipment used, such as picks, shovels, hand pumps, and similar items. 11.4.2 For all materials used (by CONTRACTOR or subcontractor), the CONTRACTOR shall receive the actual cost of such materials delivered at the site or previously approved delivery point as established by original receipted bills. No percentage shall be added to this cost. I 1.4.3 For special equipment and machinery (used by CONTRACTOR or subcontractor) such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. No percentage shall be added to this cost. 11.4.4 The CONTRACTOR'S profit shall be computed by taking tett (10%) percent of the sum of items l 1.4.1 (less the I S% added), 11.4.2, and 11.4.3 above.. 11.4.5 The total cost of performing this extra work shall then be the sum of items 11.4.1, 11.4.2, 11.4.3, and 11.4.4. 1 i.4-6 Records of extra work clone, if any, mall be reviewed at the end of each day by the CONTRACTOR or his represent; i- end at the discretion of the Engineer, duplicate copies of accepted records made and signed by both CONTRACTOR or his representative and the Engineer, and one copy retained by each.. 11.5 The term cost of the Work shall not include any of the following; 11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing; and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the 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. i i.5.2 Expenses of Coo l RAC, t OR's prmcipai 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 employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and 1i7r all insurance whether or not CON I RAC CUR is mItmed by tilt: ('anuui:t 13ucumenis to purchase and maintain the same. 0HINFRAI- COND1110NN GC - 24 11.5.5 Costs clue to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, including but not limited to, the correction of [defective Work. Disposal of materials or equipment wrongly supplied and making good any damage to property. 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 A. CONTRACTOR'S Fee: 11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be detennined as follows: 11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2 a fee based on lite following percentage of the various portions of the Cost of the Work: 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 arc involved in any one charge, the adjustment in CONTRACTOR's Fee shall be computed on the h basis of the net change. 11.7 Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in I the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or t Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 11 X1 the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered vkt 1he site, and all applicable taxes; and 1 11.81 t-(* i itAL lOR`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 tilicLi actual ais,t,ani:. due CON TRAC R -IR on account of Work covered by allowances, and the Contract Price shall he correspondingly adjusted. 1. G NFRAI. ('0NI ITIONS cc 2s r f. 4b +s PM Unit Price Work: 11.9 Where the Contract Documents provide that all or part of the Work is to he Unit Price Work, initially the Contract Price will be deemed 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 Agreement. The estimated quantities of items of Unit Price Work arc not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordaM.ee with paragraph 9.l U 11.10 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.11 Where the quantity of any item of Unit Price Work performed by CON"IRACTOR 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. ARTICLE 12 _ CHANGE OF CONTRACT TIM� 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 oat written notice delivered by tite 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 living rise to the claim and stating the general nature of the claim. Notice of the extent of the clairn 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 he accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11. if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid ifnot submitted in accordance with the requirements of this paragraph 12.1. 12.2 The Contract Time will be extended in an amount equal to time lost due to delays heyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not he limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. Delays described in this paragraph shall scot crnitle the CONTRACTOR to any additional compensation. The sole remedy of the CON FRAC'TOR 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. ]'he provisions ofthis Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attonicys and other professionals and court and arburation costs) for delay by either party. OF M z 4W C> C-3 Warranty! and Guarantee: 1.3.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with (lie Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All dvjicrive Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Tests and Inspections: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections or tests. 13.4 The OWNER will retain and pay for an independent materials testing laboratory to accomplish certain tests. The only tests to be provided by the OWNER shall be the inwai tests for density and thickness of backfill, stabilized subgrade, base course and asphaltic concrete surfaces; hearing value of stabilized subgrade; and Portland cement concrete cylinder tests. Subsequent tests required after the initial tests to verify compliance with the Contract Documents in areas failing the first test shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. All other tests required in the Contract Document shall be provided by the CONTRACTOR. The CONTRACTOR shall assume full responsibility therefor, pay all costs in connection 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's purchase thereof for 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 (or by ENGINEER if so specified). 13.6 If any Work (including the work of others) that is to be inspected. tested or approved is covered without written 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 sante and ENGINEER has not acted with reasonable promptness in response to such notice. 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. Uncovering Work: 13.8 if any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or lnspecled nr le.s+ed by others (TINTRAC"I'OR chaff uncover, expn+.c or nth °riviea- make available For observation, inspection or testing as ENGINEER may require, dial portion of the Work in {l L1CSiillr6: filrlais}7inr,", EIII n^ �'� :'t rte: lab{1r, #n1tl:-k+91 .°lSd 4gilip:1`-�lll. Sl. i°: ' .lit::: ;:1 ill:( !7610 1�.'lryrli i3 defective, CONTRA[TOR shall bear all direct, indirect and consequential Costs to such uncovering, GENERAL C'ONIA11ONS ac - 27 As E_J i 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 [lie Contract Price, and, if the parties are unable to agree as to the amount thereon, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I l and 12. OWNER May Stop the Work., 13.10 If the Work is dcfecrive, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not five rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or (Removal of Defective Work. 13.11 if required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nottdefeclive Work which is satisfactory to the (ENGINEER. CONTRACTOR shall bear 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. One Year Correction Period: 13.12 If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the tents 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, CONTRAC'T'OR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with ne melrjecrive Work. 1fCONTRACI'OR docs 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 dgji cdve Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges orengineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particuker 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 li•crm an earlier date if so provided in the Specifications or by Written Amendment. in additiun, :...:::,[,e Gf nterchautal;iltty and to ness of purpose guaranteed by the Unironn Commercial Code and made a part hereol, 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, tinder normal operation, fora period of one (1) year from the date of final acceptance. AIi work nr m -+loin+ ti�I rrr9 #3crm ruuliu4, nrrrrual ,r1,dr.iutm within the spcctliecl guarantee period shall t>;.• replaced by the CONTRA( CUR at his expcnsc. •llie period of guarantec of r,*h stack rc, lrceers ttaF sltxll l,c: ut,c }:.. „e ,l .,+ter the cate ni rnsraifallon thereof. UFNPRAL CONIATIONS 0C - 28 CI 40 • t 7Acceptance of I?elective Work: 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 ofand 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 engincers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINE: R's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work 13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to 4 correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11 or if CONTRAC'T'OR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising; such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating; the necessary revisions in the Contract Documents with respect to tlrc Work; and OWNER. shall he 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 court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the I Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER ofOWNER's rights and remedies hereunder. AILIIOM1-PAYMENI:,S-TD-!C(INTI A,CT.OIi.ANI).1! O[VtPLETION Schedule of Values: 14.1 The schedule of valttcs established as provided in paragraph 2.9 will serve as lite basis For progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will he based on the nunrlrcr or units cr:nzplctcd. GtNFRA1- C'ON0111ONS GC - 29 40 r M Applieatlon 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 shall submit to ENGINEER for review an Application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect 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 of Title: 14.3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens. Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten (10) days after receipt of each application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten (10) days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CON`T'RACTOR. 14.5 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENG INEiiR's on-sile observations of the Work in progress as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated: that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Ducument,, to a final Jetvrnanauon 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 ii' 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 speciltcally assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6 ENGINEER's recommendation of final payment will cunstilute an additional representation by ENGINEER to OWNER that the conditions precedent tot '[.tN Fit At 70R's being entitled to Fina, payment as set forth in parag=raph 14.13 have been fultiilr{l. t&NFRAI.VONDITI }NS' GC 30 C7 i • r 14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINI;ER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER. may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: F 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 the Contract Price has been reduced by Written Amendment of Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or t 14.7.4 of ENGINEER'S actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENGINEER because { claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or liens have been filed in connection with the Work or there are other items entitling i OWNER to a set-off against the amount recommended, but OWNER must give CONTRAC"T"OR s immediate written notice (with a copy to ENGINEER) stating the reasons for such action. I Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall I 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 shall make an inspection of the Work to determine the status of t completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACT -OR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OW NI R a tentative certificate of i Substantial Completion which shall fix the date of Substantial Completion. "There shall be attached t to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) clays after receipt of the tentative certificate during which to make wriucn 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 I objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and C'ON 1 RACTOR a definitive cernlicate of I Substantial Completion (with a revised tentative list of items to be completed or coiTWed) reflecting l such changes from the tentative certificate as ENC,1Ni I:R believes lustired after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a wrinen recommendatit n l :as to dn,jaiota of msponsibilitici 1,wnding final payment between O\VNER and CONTRACTOR with l- respect to security, operation, safety. maintenance, heat, utilities inwrance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform FNGINEEiR prior to t INGINEER's issuing the definitive certificate of Substantial Completion, IiNGINFIER's afi>resaid I_ recommendations will be binding on OWNER and CONTRACTOR until Final payment. Y 14.9 OWNER shall have tht- right to cxe1wic CONTRACTOR from the Work after (tic date of Substantial IL Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on 111r rL Lt. GloNFRAI. t'()NDI I IONS a;C t I 40 ti 40 em 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, ENGINEFR and CONTRACTOR agree constitutes a separately functioning; and usable parlor the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following;: 14. 10.1 OWNER at any time may request CONTRAC'T'OR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. IrCONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2 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, CON"T"RACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER, and CONTRACTOR together, with a written iccommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for the part of the Work, which will become binding upon OWNER and CONTRACTOR at (lie time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and 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 Nr -p occupancy or sepaiaw. uperation ol` part ut t1w Work will be aceompbshed prior to conpiia rc 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 inspGrtinra .vith OkVNI:1'. and. CONTRACTOR and will notify CON'rRAC'TOR in writing ofall particulars in which this inspection reveals that the Work is incomplete or c+cferrivt ('rlNT'R,ACTOY sha'1 u.: c ;i: tcly i l.c aucHi rsrcusurer as are necessary to remedy such deficiencies. GENERAL t'ON11iI IONS CI i i r° i 1 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 procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. hi lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible. have i' been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any i 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 Licn. Final Payment and Acceptance. f 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, ! and ENGINEER's review 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 i and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (16) days after receipt of the final Application for Payment, indicate ! in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the f Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating, in writing the reasons for refusing to recommend finaa payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (34) days after presentation to OWNER of tite Application and t accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will i. -come due and will be paid by OWNER to CONTRACTOR. 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and f if ENGINEER so confirms, OWNER shall, upon receipt of CONfRACI'OR's final application for t Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the WUrk fully completed and accepted. If the I remaining balance to be held by OWNER for Work not Bally completed or corrected is less than the t retainage stipulated in the Agreement, and if Bonds have been furnished as required in pantgriph 5. 1, the written consent of the =urcty to !h nnvelent (if the halance due Ki. !hat pc01lioll of!h� wo'k fully competed and accepted shall be submitted by CONTRACTOR to E-MANEER with the f' Application for such payment. Such payment shall be made under the terms and [.1—litiamc 1- governing iinai payment, except that it shall not constitute a waiver of'clainms. Contractor's Continuing Obligation: 14.15 CONTRAC 0R's obligation to pert'ornt and complete the Work in accorduncs with the Contract ` Documents shall be absolute. Neither recommendation of ;any 11rnttresr nr fin -A P-,tyment by ;,NUINEER, nor the issuance of a certificate of 4ubstantial Completion, nut any p4ymeaat by OWNER to CONTRAC'MR under the ('on!raci I )u urnents, nor any use or occupancy of the Work Lor any part thereof by OWNER, nor any ,act of accclitance by OWNER nor any ]'allure to do so. nor 0I NPRAI t' .' ' 0 — QC - 13 L i C� 401 4D 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 delecuve Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims.- 14.16 laims: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.i 1 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14,16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. OWNER May Suspend Work: 15.1 OWNER may, at any time and without cause, suspend tate Work or any portion thereof for a period of not more than ninety (40) 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 (tic 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 ef'f'ect at such time relating to the bankruptcy or insolvency; 15.2.2 ifa petition ;s filed against CONTRAii`fiii( under any chapter of'ihe Bankruptcy Code as now or hereafter in effect at the time of filing, or ifa petition is tiled seeking any such equivalent or similar relief against CONTRACTOR under any other 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 CONTRA"TOR is appointed under app'i,t.ablc la%v or ustcict conuact, whose appointment or authority to take char -.!e of property of CONTRACTOR is for the purpose of enforeing a Lien against such property or for the purpose of general administration of such Property for the benefit ofCONTRACTOR's creditors; GC - 34 i • 40 l' 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; f 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 I 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); t 15,2.7 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; a 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or t 15.2.9 if CONTRACTOR otherwise violates in any substantial way Any provisions of the Contract Documents. t 1 OWNER may, after giving CONTRACTOR (and 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 from the site and take possession of the Work and of all i 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 i for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any l 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 t and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, t CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the tenninmion will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may t thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER r.611 not release CONTRACTOR from liability. i t 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 t the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sttstained plus reasonable termination expenses. whish No)) ,�1x lug+ . hio -iw hi l,tnitt-d to, L 't:ct, indirect and consequential costs (including, but not limited to, Fee,; and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). t �- Contractor May Stop Work or Terminate: 15.5 If, through no .act or fault of CONTRACTOR, the Work is suspended for a period of more tht!n ninety (90) days by OWNER or um'^r all otdcr of court or other public authority, or l Nt;INEE:R fails to act on any Application for Payment within Ihisty (i()) days alle, .i is suhmitted. r-OWNt R l tails for thirty (30) days to pay CONTRACTOR any sum finally determined to he due, then l„ CON'TRAC'TOR may, upon seven (7) days writte- -ouce to OWNL'R and li NGit: -F.R, terminate the Agreement and recover from OWNER payment for all Work executed and any extrensc sustained p plus reasonable termination expenses. in addition and in lieu of teraxinating the Agreement, it' (iENFERAI. CONDITIONS ri c 35 tl 6 40 e: J i 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 ofall amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.35 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. A.R11CL - 16 - ARBITRATION 16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim. dispute or other matter in question arising out of or relating to the Contract Documents or the breach thereof, in an amount less than $25,004, except for claims which have been waived by the snaking and acceptance of final payment as provided by Article 14, the claitnantlobjector (Party A) shall first offer to arbitrate the question(s) with the other pasty to the contract (Party B) by notifying hint in writing and setting forth in such notice the question(s) to be arbitrated. 16.2 Party B can select to arbitrate or not. If Party B agrees to arbitrate lie shall so advise Party A in writing within ten (10) days after receipt of Pasty A's notice. Notice by Party B that he does not wish to arbitrate or failure of Party B to notify Party A within the ten (10) day period will give Party A the right to institute a court action. 16.3 If Party 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 shall be specifically enforceable under the ,provisions of the Florida Arbitration Code, 5682, Fla. Stat., as it may be from time to time amended. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 16.4 If Party B agrees to arbitrate, then Party A shall file its notice of demand for arbitration in writing with Party B and with the American Arbitration Association, and a copy shall be tiled with the ENGINEER. Notice of demand for arbitration shall be served on the parties refmcd 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 watwr and abandonmen. ,.i :hc claims for which arbitration is sought. Notice ordemand for arbitration shay. in no event oe made on Pny claim, dispute or other matter in questions which would be barred by the apolicable 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. !'.1Z CON"MAC'TC.R shun Citify un the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 16.7 The Florida Rules of Civil Procedure pertaining to discovery shall apply to both parties during arbitration, and, at the OWNER's sole option, any and all arbitralinn arising out of or relating to any of the Contract Documents or any breach thereof shall include by consolidation, joinder, or junit filing .any additional m! --an car cnaily,.wlz a party to this Agreement to tite extent necessary for the final resolution of the matter in controversy. 16.8 At least one of the members of the arbitration panel must be an attorney licensed to practice law in the State of Florida. t.iF°NFiRA1. C ONltt'fIMS OC - 36 t! r r t ® i 16,9 The surety shall be bound by the arbitration award to the same extent as the CONTRACTOR is bound. I 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 t 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. I Giving Notice, i 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be I decincd to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or f certified mail, postage prepaid, to the last business address known to the giver of the notice. 1 Computation of Time: 4 i 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 I day will be omitted from the computation. t 17.3 A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall I constitute a day. i General: t 17.4 Should OWNER orCONTRACTOR suf c 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 i for whose acts the otherparty is legally liable, claim will be made in writing to the other party within y, 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 subsi u e for or a waiver of the provisions of any applicable statute l of limitations or repose. l 1.7.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular. but withnul hntit ii:M. t1i: ,; arc.utti.'x; guarantees and obligations imposed upon CONTRACTOR by paragraphs t 636,637,13. 1, 13.12,13.14,14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all ol'them which are otherwise imposed or available i by Laws or Regulations, by special warranty or guarantee or by other provisions of ihw Contract. Documents, and the provisions ofthis paragraph will be as cfi'cctive as if repeated specifically in Clic Contract Doi omvots to connection with each particular dirty, obligation, right and remedy to t which they apply. All representations, warranties and guarantees made in the Conlrovi Docutnenis will survive final payment and termination or completion of the Agreement. E OVNF.RAL CONDI HONS CIC - 3-1 L U r TABLE OF CONTENTS OF f SUPPLEMENTARY CONDITIONS A. Introduction B. Delay I C. Permits i D. Familiarity with Laws I E. Overtime work 7 F. Changes, Extra, and Omitted Work G. Inspection and Acceptance of the Work H. Lima � I. i Protection of Public J. Measurement and Payment K. Engineering and Layout 40 40 40 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS I� V A. Intrrad mt on These Supplementary Conditions amend or supplement the General Conditions (GC) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which arc not so amended or supplemented remain in full force and effect. t ti l 1. No forfeiture due to delay shall be made because of any delays in the completion of the I work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR (including but not restricted to Acts ofGod or of the public enemy, acts t of the goverment, acts of the OWNER, or acts of another CONTRACTOR in the perfonnance 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 t owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not entitle the CON'rP NCTOR 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 1 the OWNER in writing of the cause of delay, whereupon the OWNER shall ascertain the t facts and eluent of the delay and extend the time for completing 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. 1411111111111111111 u 1, As set forth in paragraph 6.15 of the GC, the OWNER has obtained the following permits: I a. IRC - Land Clearing, and Tree Removal I b. IRCDUS - Utility Construction C. SJRWMD - Management and Storage of Surface Waters l d. FDEp - Wastewater and Water Distribution C. FDOT- Utility I f. ACOE - Navigable Waters 2. The CONTRACJOR shall obtain and pay for all other required permits and licenses. 'I"he I CONTRACTOR shall provide copies of these permits to the OWNER and Engineer and I shall compiy with all conditions contained in the permits at no extra cost to the OWNEK. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying, with these requirements. The cost of this effort shall be included in the pay item which the work is most closely associated with. 4, If dcwamirig is rcquired, the CON I KAC l OR shall coordinate with the St. Johns Rivei Water Management District regarding the applicable rules and regulations. If a dewatering; permit is required, the contractor shall prepare an applicatiolt to the oisinct and pay any ice. D. FnmiliaritvyyithLasys The CONTRA(` VOR iv assunled ria lir familiar with and sball rolllt ly Willi :,II Sime and. SUPPI.FNIFNTARY CONDITIONS sc - t 4P 40 In E.1 Local laws, ordinances, rules, codes, and regulations that may affect the work. Ignorance on the part of the CONTRACTOR wily in no way relieve him from the responsi h il i ty of compliance therewith. 1 All work and materials shall comply with those laws. I„ (]v�rtime Work t 1. Work shall be performed during regular working hours. Regular working hours are defined as Monday through Friday, excluding Comity holidays, from 7 AM to 5 PM. € 2. County Holidays are. New Year's Day, Good. Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Evc and 1 Christmas Day. Working on these days will not be permitted without prior written permission and approval from the ENGINEER. 3, The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. i 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 home by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR, 5. No work shall commence before 7 AM or continue alter 7 PM except in case or emergency upon specific permission of the ENGINEER. I F. Gh nn e,xtL3, T+A n [tmtiten vvorx I 1. It is mutually agreed that no change involving change in cost, either to the OWNER or i 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 unless it has been approved by the OWNER in writing and in advance of the work, except that the CONTRACTOR may t 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 Eidder l at the time of bidding or could have been discovered by test borings or other testing t methods, shall not be considered extra work. T 'rhe ENGINEER shall, in all cases of dispute. determine the amount or quantity of the several kinds of wnrk which are tea he-- paid roT under this contraci. and chill decide III questions relative to the execution of the same, and such estimates and decisions shall he final and binding. 3. Any work not herein specified, which may he fairly implied as included in the Contract, of which the ENGINEER shall adjudge, shall be done by the CONTRACTOR wilhtaut extra charge, 4. The Contract price may only be changed by a Change Order its authorized by the Board of County Commissioners. 'Mis includes extra work. Authoriaauon of extensutn of time shall not constitute a waiver of liquidated damages. SC 2 40 40 40 MM of the Work G. in.5e;�cction aud�dc��e� The CONTRACTOR shall assist the COLNTY in performing all tests required to determine the acceptability of the work. The CONTRACTOR shall provide all samples and facilities and work necessary for the testings and inspection. ' "Select Fill" will be tested for compliance by an independent testing laboratory retained by the COUNTY. The CONTRACTOR must notify the COUNTY when Soil Replacement is taking place. i 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. t 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 filial acceptance of the t work. 1 H. Liens 1 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 due him, Such i 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 Statutes Section 255.05. The {CONTRACTOR shall insert the fallowing paragraph in all subcontracts hereunder "Notice: i l aims for labs tymid.-= S tit=noiicelQ (r`nt`rTItAC"COR'fi N1ml end tp�{( C]NTiZACi`f71 Surety p, the Fluida- lata i— I4tis_uara= i in ev sub-suheontract hereundc[ "' The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only alter the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida :Statutes, who have furnished labor or materials, employed directly or indirectly in the work, have 1 been paid in full. 1, prnter.3inn o P oblic V 1. The CONTRACTOR shall erect and maintain barricades and sutticient '.afeguards around all excavation, embankments or obstructions: he �hatl place sufficient amber lights at or 4 near the work, keep the same burning i:uni sunset to sunrise. employ watchmen and strictly t . obey all laws and ordinancc� controlling or limiting those engaged on similar work. All maintenance of ti-ai'tic work shall comply with Section 102 and Special Provision licit 102- 1 l of the ilsaridal2.C�:L Statistaisips�tiii�salis}ri�loriC[iaclailti Sri x' ("c�nc nlrtinn f9GX t 2. Where there are telephone, telegraph, light, or power poics, water Unum, coodints, pipc, or „ drains; or other construction either public or private; in or on the streets or alleys; the work i shall be so conducted that no interruption cur delay will be caused in the operation or use of the same. Proper written notice shall he given and all the facilities afforded the owners of such construction encountered or likely to be encountcrcd, as will enable them to preserve the same from injury, 3. Tile CONTRACTOR will not be permitted to interfere with public travel and convenience uy grading, or wDruig„ ulr sire;cls nndtscrmurueiy, but ii ie t+'ulk Jlf �l01L i.l.:tiing the various items of this Contract shall proceed in on orderly, syslcnnatic ar'd progressive manner. �-I 40 • � 1 J, h�Seasuresnepi�n P�,�cnt 1. Work under this contract will be paid on a lump sum or unit price basis as outlined on the Bid Form for the quantity of work installed. 2. Any pay items for which a specific item is not included shall be included in the price of the pay item to which it pertains or is associated. 3. Any items not shown or omitted that are required for a complete installation shall be j f'umished and installed by the CONTRACTOR at no additional cost to the OWNER. 4. The prices shall include all labor, materials, tools, equipment required to complete the work. 5. No additional payment will be made for well pointing or other methods of dewatering excavations. ti. 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. f K. EngmeaingmuUzywi t I . Engineering and layout work shall comply with Section 5-7 of the Florida D.O.T. Standard Y Specifications for Road and Bridge Construction (1996). { 2. The CONTRACTOR will furnish all construction staking for the project. All slaking from control will be under the supervision of a Florida Registered Land Surveyor. 3. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1 .SUPPLEMEWARY CONDITIONS to 40 • INDEX TO TECHNICAL SPECIFICATIONS Section IA... ............................................................... Surnmary of Werk Section 113..................................................................Submittals Section 1 D .................. ................ ............................. -.Temporary Facilities and Controls Section 115 ..................................................................Testing Laboratory Services - Section 2A..................................................................Cleaning and Grubbing Section 2B..................................................................Excavation Section 2C..................................................................Backfill and Compaction Section 2D..................................................................Site Cleanup and Restoration Section 2E..................................................................Miscellaneous Landscape Amenities „ - Section 2F..................................................................Subgrade Section 2G..................................................................Street Signs Section 2H..................................................................Utility Conduits Section 21...................................................................Swale Construction Section A...................................................................Landscaping Section 2K..................................................................Water Service Tubing Section 2L..................................................................Miscellaneous Appurtenances for Water Distribution System Section 2M .................................................................Water Distribution System Testing and Disinfection Section2N..................................................................Pipe and Fittings for Gravity Sewer System Section 3A..................................................................Reinforced Concrete Section 3B ............. ........Soil Poisoning Section 3C..................................................................Fibrous. Concrete Reinforcingr + Section 3D.. ............................................................... Cast-in-Placc Concrete Section 5A ................................... _.............................. Structural Metal Connections G Section 5B,....., . . ............ __ ...................................... Pre -Fabricated Connections Section 5C..................................................................Miscellaneous Metals & Hardware - Section GA..................................................................AITC References Section 6B..................................................................Lumber Section 6C .............................................. ................... Rough Canxiltry Section 16A ............. .................................................. E 'lectrical SECTION 1 A - SUMMARY OF THE WORK 1. DESCRIPTION OF WORK: I The work consists of constructing site improvements and amenities at Wabasso Causeway Park, for Indian River County, FL, in accordance with the Contract Documents. r 2. LOCATION OF SITE/CONSTRUCTION TIME: P The site is situated in Indian River County, Florida. Construction Time: 120 Consecutive calendar [lays. 3. OWNER: The specifications and drawings listed on the index have been prepared for: I 7 Indian River County 1840 25th Street P Vero Beach, Fl 32960 4. LANDSCAPE ARCHITECT: P 1 Brad Smith Associates, Inc., Landscape Architects/Land Planners 1800 W. Hibiscus Blvd, Suite 112 Melbourne, FL 32901 I Telephone - (407) 724-1036/Facsimile - (407) 724-9429 This firm is duly authorized by the Owner to be responsible for l rndxcape i architcclural and engineering observations of the contract work and acting directly or through an authorized representative. i' Wherever in these documents reference is made to Landscape Architect andlor Engineer and/or Architect and/or ArchitectlEngineer, it is intended to mean Brad Smith Associates, Inc. Where applicable, Brad Smith Associates, lac. may delegate to one or more of the I fallowing sub -consultants: Carter and Associates (civil engineering), Jolul M. Foster 1 (Architect). p 5. LAYOUT OF WORK: A. The Contractor shall immediately, upon entering prtliect site for purpose P of beginning work, locate all general reference points and take necessary action to prevent their destruction; layout his own work and be responsible for all lines, elevations and measurements of utilities laid other work executed by hien antler the Contract. IA -1 t! i +0 L-1 B. The Contractor must exercise proper precaution to verify figures shown on the drawings before layout work and will he held responsible for any error resulting from his failure to exercise such precautions. b. SAFETY AND HEALTH STANDARDS: The performance of all construction under this Contract shall confornt to the Federal Occupational Safety and Health Standards. PRE -CONSTRUCTION CONFERENCE A. Immediately following the written "Notice to Proceed" issued to the Contractor, a Pre -Construction Conference shall be held with the Indian River County Public Works Department to review coordination between the Contractor and Indian River Counly. B. In accordance with Paragraph 4, Part 1, of Section 1B, the Contractor shall submit a planned construction progress schedule at the Pre -Construction Conference. The schedule shall show the time at which the Contractor plans to begin and complete each of the various sections, locations, or phases of his operation. S. NOTIFICATION OF AGENCIES REQUIRED: A. The Contractor shall be responsible for notifying the following utility companies prior to commencing work so that existing, utilities can be located and protected: 1. Florida Power, A Light Company 2. Bell SouthTelephone Company 3. City of Vero Beach Water & Sewer Department 4. Indian River County Public Works Department 5. Johns Island Utilities Dept. In addition, the Contractor shall be responsible for notifying the local cable T.V, company, and any other utilities which may he affected by the Contractor's work. B. The Contractor shall he responsible for notifying the following agencies prior to curl nutmeing worm. 1. Florida Department of Environmental Protection 2. St. John's River Water Management District 3. Indian River County Construction Inspector 4. Indian River County Code Enforcement Department (clearing). i. hid ,jai River County Consumer Health & Relocative Services Department (septic tank). MIN EJ. Contractor is responsible for complying with all permit conditions. 10. INDEMNIFICATION: The Contractor agrees to hold harmless and indemnify the Owner and the Landscape Architect from and against liability arising out of the Contractor's negligent performance of the work, 11. CLEAN-UP: A. Cleaning of Site: See General Conditions and individual divisions. B. Debris The Contractor shall remove all debris carried on to streets, pawed surfaces, public right-of-way and other areas as directed by the Owner, Landscape Architect and local authorities. No debris shall be left to remain overnight ost any street. 1�1 4 1 • 0 • ,W SECTION I B - SUBMITTALS PART 1 - GENERAL 1. REOUIREMEIVTS INCLUDE: A. Procedures B. Shop Drawings C. Product Data D. Physical Samples 2. PROCEDURES: A. Submittals are defined elsewhere in the Technical Specifications. B. Transmit each submittal to the Landscape Architect, unless otherwise rioted. C. Comply with progress schedule for submittals related to work progress. 3. SUBMITTAL IDENTIFICATION: A. Each submittal shall be consecutively numbered and identified by specification section name and number. B. Marl: each Submittal to clearly identify applicable products, models. options and other data; supplement manuf'acturer's data In provide information unique to the work. Include manufacturer's installation instructions when required by the Technical Specification section. 4. ITEM TYPE SUBMITTAL & APPROVAL ACTION Record drawings, As l3uilt Plans Drawings to L.A. for review a tnd'1`ransnsi,tini to Owner Field Density Tests Laboratory test results for L.A. approval Hydrostatic Tcsting Notify L.A. of testing (late Hydrosiatie'festing Test results for L.A. review Bacteriological Testing Test results for L.A. review pli Tests (landscape) 'fest results for L.A. review wood Conncclors Catalog, data for I -A. review Paint Catalog data for Crwnty review (subntil in Indian River Co.) Roofing Materials Catalog data and phymca! sample fur County review {suhinit u) Indian River Co,) Plumbing Fixtuies Catah.g data for al; kins in pluniiiing legend tier l.'ounty review tsuhniil ue Indian River Co.) Site Light fixtures &, Islcetrical Equipment Catalog data for L.A. review Restroom Light Fixt(ares & Electrical E-quipateni Catalog data for LA review Concrete rcinlbrceneent Drawings I'm LA review Structural metal conncmw; Drawings for L.A review Shur drawipips of all drainage structures drawings to L.A. for seview Playground Equipment Dnovin_e to I . ^t f. --r tL%icy. MW 40 40 Cl 04 r Unless otherwise required in the Technical Specifications [lie following criteria shall apply to all submittals requiring the Architect's review and approval: l I . SHOP DRAWINGS: Shop drawings shall be prepared accurately and to a scale sufficient to show all requisite information pertinent to the submitted item or assembly. Number shop drawings consecutively and indicate the following: 1. Working erection dimensions and/or field dimensions. 2. Arrangements, sectional views. 3. Necessary details, including complete information for making connections with other work. Q, kinds of materials, finishes. t 5. Date, project name, descriptive names of equipment, classified item numbers, locations at which materials or equipment are to be installed in work. i i Submit shop drawings by transmittal letter containing project name, Contractors name. number of drawings, titles, date, other pertinent data. r i Contractor shall review, thoroughly check and approve shop drawings prior to submitting to the Architect for approval. At the time of Submittal to the Architect. the Contractor shall inform the Architect in writing of' any deviation in the submittal front the requirements of the Contract Documents. Submit six (G) bound sets of strop drawing prints for review. Satisfactory drawings will be so identified, dated and three (3) copies returned to the Contractor. Should shop drawings be disapproved, corrections will be indicated on one (1) only of the returned I sets.. t " Re -submittals shall be in the satire forniat as described above until such time as approval is obtained from the Architect. Changes or corrections marked by the Architect on shop drawing submittals shall not be considered as an order for extra work by the Contractor but only clarification of d rectitis menta oaf' the Contract In 0w .li ti. omraclol t, Kea exception to ! %u6j utwections heing inconsistent with the Contract tract Do ument requirements, he shall notify the Architect promptly in writing before proceeding with the work. 2. PHYSIC'AI. SAMPLES: Submit samples as follows: r I. Submit samples in triplicate (3), of siv..e called for I)v ear•h welion, showitiv quality, type, color, range, finish, texture. 11f V e 4 L 2. Where specifications require manufacturces printed installation directions, submit triplicate (3) copies of such directions with samples, 3. Prepay transportalion charges to Architect's office on samples forwarded, 4. Label each sample with material name, quality, Contractor's name, date project name, other pertinent data. 3. CATALOG DATA/MANUFACTURERS INSTALLATION INSTRUCTIONS: When submissions are in the !form of loose pages (approximately 8 1/2" by 1 l" in size),. such shall be submitted in sets with each containing one of each drawing and schedule submitted, assembled in portfolio binders showing on the covers of first page inside a complete fist of contents. Submittal of complete catalogues with one or more items checked therein will not be accepted. Submit Catalog Data and/or Installation Instructions by transtnittal letter containing project name, Contractor's name, description of submittal, date, other pertinent data. Contractor shall review, thoroughly check and approve Catalog Data and/or installation instructions prior to submitting to the Landscape Architect for approval. At the time of Submittal, the Contractor ~hall inform the Landscape Architect in writing of any deviation in the submitted material from the requirements of the Contract Documents. Submit six (b) sets of each item for review. Satisfactory submittals will be so identified, d.ted and three (3) copies returned to the Contractor. Should an iters be disapproved, corrections will be indicated on one (1) copy only of the returned data. Re -submittals Shall be in the same format as described above until such time as approval is obtained. Changes or corrections to Catalog Data anti/or Installation Instructions Shall not be considered as an order for extra work. PART 3 - EXECUTION TIME OF SUBMITTAL: Submittals shall be in accordance with the t'ollowing from date of Notice to Proceed. ITEM SUBMITTALS, *ArPROVAL All submittals required Fifteen ( 15) Days Fiflcen (15) Days *From date of receipt of submittal. Delays on account of tardy or untimely subminals will ntrt be considCred .as catlwk4 for extension of titre or the Contract or increases to the Corm -act Sum. 10.3 r rColor selection will not be released until all submittals requiring color selection are submitted. The intent is to havc all related color and texture availabilitics together at one time to determine a r coordinated color schedule. L V C-1 L-1 40 40 SECTION l D -TEMPORARY EAC LITIES AND CON'T'ROLS I. GENERAL: The Contractor shall bear the cost of providing, maintaining and operating any and all temporary facilities. 2. ELECTRICAL POWER: Electrical power is available to the Contractor at the site via a temporary construction meter. The Contractor will arrange and pay for temporary electrical service from the local power company. 3. WATER SERVICE: Temporary water required for testing of water main construction shall be obtained via a construction meter tapped into existing water mains. 4. TELEPHONE SERV ICE: Not considered required for this project. If Contractor elects to have telephone service at the .job site, Contractor shall arrange and pay for temporary telephone service. 5. WORKMEN'S TOILETS AND DRINKING FACILITIES: The Contractor shall provide and maintain sufficient toilet facilities for his own and sub -contractor forces. 6. SECURITY: A. The Contractor shall be responsible for maintaining his own security force, in areas of new construction, by whatever means is required to project his work and materials at the site. B. Any security required by the Contractor shall be provided at his own expense. 7. SPECIAL CONTROLS At41) BAIT RIC,RS: A. Physical barriers shall he installed by the Contractor between the areas of construction at the site and the surrounding properties in such form as may be required to insure the protection of life anti property. B. Barriers, controls security fencing and railings necessary for protection of surrounding property shall be the responsihility of the Contractor and shall be iii confwrntianLr to iocal and state regulation." as well w% O.S.II.A. Standards. I Ii • 40 MA&M 8. CONTRACTOR'S WORK FORCE AND PERSONNEL: The Contractor shall advise his forces and suhcontraclors of the following controls; A. Unruly behavior of Contractor personnel WILL NOT BE TOLERATED. Any person employed by the Contractor who does not comport himself will be removed from the site when requested by the Engineer and Owner. B. No drinking of alcoholic beverages of any kind will be allowed on the project site. 9. TRAFFICIUTILITIES AND PEDESTRIAN CONTROL: A. Parking of workmen's vehicles shall be coordinated with the Indian River County Construction Inspector. B. Any existing walls. curbs or pavements that are removed for consti --I installation shall be patched and maintained by the Contractor. C. Any existing uti I hics at the site that are affected by construction operations shall be maintained, protected and repaired/replaced by the Contractor. 10. FIELD OFFICES AND SHEDS: The Contractor sbal I maintain his field office, sheds and storage areas on the site, at locations approved by the Owner. 4D 40 40 SECTION I -TESTING LABORATORY SERVICES PART I -PRODUCTS 1. EARTHWORK TESTS AND INSPECTIONS (Division 2) A. 'resting Agency - A recognized Foundation Engineer selected by the Owner and approved by the Architect, or the Testing Laboratory as specified herein. B. Methods - Compaction tests shall be performed in accordance with AAS HTO T-180. C. Imported Fill Material - Perform suitability tests for compaction qualities and optimum moisture prior to acceptance of material: recommend compaction equipment and procedure. D. Field Density Tests on samples of in-place material as follows: Structural Fills under building floor slabs, footings, and side%valks - at least 98% of maximum density: Non -Structural Fills - at least 95% of ntaxintunt dry density. E. Field Inspections or continuous control of the following procedure.%: Strapping of top surface,. Scarifying and compacting cleaned sub-gradc, Stnictural fills and compaction, Foundation excavations F. Contractor shall notify the soils 'resting and Inspecting Agency prior to commencement of earthwork in ample time to schedule: tests and inspections. "_. CONCRL"I"C'i`Es,rS AND INSPECTIONS (Division 3) A. Use ready -mixed concrete, batched, mixed, and transported in accordance with ASTM C94. B. Molded Cylinder Tests - Compression tests of molded cyfinflers shttll be made for each S0 cubic yards or fraction thereof" and at least four (.t) cylinders from each day's pour, One set of four molded glindcr::::L,;EE l made for each sampling and shall be properly identified. Cylinders shall be taken in accordance with ASTM 0171 40 F__J 4b 0.0 t Prepare cylinders and cure in the laboratory in accordance with AST C31. Cure the cylinders under laboratory conditions and test one at 7 t days, one at 14 days, one at 28 days, and one held in reserve in accordance with ASTM C39. + Should the results of 28 days lest fall below the required strength, the fourth specimen shall be tested at 42 'Jays. The Architect will evaluate the findings to determine whether further testing is required. If the results of 14 clay test meet or exceed 28 day required strength, 28 days test and storage shall be w .ived. Costs of Testing 42 -day molded # specimens shall be reimbursed to inc Owner. j FART 2 -EXECUTION 1. Familiarity With Pertinent Codes and Standards: In procuring all items used in this Work, it is the Contractors responsibility to verify the detailed requirements l of the specifically named codes and standards and to verify that the items procured for use in this Work meet or exceed the specified requirements. 2. Rejection or Non -complying Items: The Architect reserves the right to reject } items incorporated into the Work which fail to meet the specitied minimum requirements. The Architect further reserves the right, and without prejudice to I other recourse the Architect may take, to accept non -complying items and subject j to an adjustment in the Contract Amount as approved by the Architect and the Owner. w 3. Applicable Standards listed in these Specifications include, but are not necessarily limited to, standards promulgated by the following agencies and organizations: I A. AASHTO = American Association of Slate Highway and Tr, ; rtatiota k Officials, 341 National Preys Building, Washington, D.C. 2000=1. f B. ACI = American Concrete Institute. Box 19150, Redford Station, Detroit, 1_ Michigan 48219. C. MSC. = American Institute of Steel Construction, Inc. 1221 Avenue or tlae l Americas, New York, KY. MOM D. ANSI = American National Standards Institute (successor USASi and. t_ ASAI 1430 Broadway, New York. N.Y. 10018. E. ASTM = American Society forTesting and Materials. 1�11fi truce Street, t_ Philadelphia, PA 19103. F. AWS = Amcrictan Welding Society, Inc., 2501 N.W. 7th Street. Miami, FL 33125. 111,1_2 L-1 • 4b 4D G. AWWA = .'.merican Waucr Works Association, Inc. 6666 West Quincy Avenue, Denver, CO 80235. H. CRSI = Concrete Reinforcing Steel Institute, 228 North LaSalle Street, Chicago, IL 64610. 1. CS = Commercial Standard of NBS, U.S. Department of Commerce Government Printing Office, Washington, D.C. 20402. J. FGMA = Flat Class Marketing Association, 3310 Har-rison, Topeka, Kansas 66611. K. NAAMM = The National Association of Architectural Metal Manufacturers, 1033 South Boulevard, OakPark, IL 60302. L. NEC = National Etectrical Code (see NFPA). M. NEMA = National Electrical Manufacturers Association, 155 East 44th Street, New York, N.Y. 10017. N. NEPA = National Fire Protection Association (Life Safety Code) 470 Atlantic Avenue, Boston, MA 02210. O. SBCC = Southern Building Code Congress International, Inc. 900 Montclair Road, Birmingham, AL 35213. P. SBC = Standard Building Code. latest adopted edition. 4. Clean up and .repair any damage caused by the testing: or testing equipment. SECTION 2A - CLEARING AND GRUBBING ' I. SCOPE A. The Contractor shall furnish all labor, materials and equipment, and all t operations required to clear and grub the site as shown on the Plans and specified herein. 2. GENERAL A. Clearing and grubbing shall consist of the complete removal and disposal of all trees, brash, labs, stumps, roots, weeds, rubbish, rocks, pavement and structures designated to be removed, concrete and other deleterious material and obstructions resting upon or protruding through the surface of the ground. Stumps, roots 3" and over and similar obstructions shall be removed to ca minimum depth of 2 feet below the existing ground. Existing ! pavement to be removed shall be saw cut at the interface where existing h pavement is to retrain. All structural items shall be excavated to full c depth, completely removed, and the excavation backfilled per these specifications. B. The Contractor shall clear and grub the areas described below: + 1) Within the areas of development. 3. DISPOSAL { A. BURNING PERMITTED ON SITE a I) When permitted by local governing .authorities, trees, stumps, o brush, weeds and similar natural materials may be burned on site, The Contractor shall dispose of all unburned residue offsite, and if required by the Engineer, spread the ash. Material which will not i bum or will not burn without :tir pollution such as asphalt and tires shall be hauled off site for disposal in an approved manner. Y_ B. OFF SITE DISPOSAL I) When on Site burning is not permitted, all material shall be hauled off site by the Contractor for disposal in an approved manner. C. The Contracinr shall be responsible for ohtaininft .and complying with the. provisions of all necessary permits. All lees shall he paid by the Contractor. D. No material shall be buried out site. Ls Mi 40 40 L a SECTION 213 - EXCAVATION E SCOPE A. The Contractor shall furnish all necessary labor, equipment, and transportation to excavate and haul material in accordance with the Plans and Specifications. 2. GENERAL A. The Contractor shall excavate for the roadways, structures, retention areas, swales, etc., as shown on the Drawings and specified herein, and shall dispose of all materials excavated at a site designated or approved by the Owner. 3. DISPOSAL A. In all areas where excavation is to be done, all earth, rock. muck and other materials shall be removed and separates[ as to suitable and unsuitable material for backfill as defined herein. B. The Contractor may, for his own convenience, elect to temporarily stockpile any portion of the excavated material at a job site location designated by the Owner, for later use or disposal. The stockpiled material shall be piled in an orderly manner so its not to endanger the work or obstruct roadways or drainage within the designated job site location. All excavated unsuitable material shall be disposed of at a location designated or approved by the Owner. All excavated suitable material that is not reused by the Contractor within [lie job site shall become the property of the Owner and shall be disposed of as directed by the Owner. 4. SHEETING AND BRACING A. Where excavations may endanger workmen, existing structtares, utilities or other facilities, it shall be the Contractor's responsibility to immediately install and maintain adequate sheeting and bracing, per OSHA specifications in order to protect said facility. No work shall proceed in such excavations until the sheeting, and bracing has been properly and completely installed. The sheeting thus installed %hall be removed as the work progresses or, at the discretion of the Ett}tinee-. be cut off below finished grade said left in phice. Sheeting and bracinc, may lie either steel or wood at the option of the Contractor. B. Sheeting and bracing shall be installed in a manner that will allow for removal without injuring or endangering workmen, the work. adjacent structures, and the like. Voids caused by withdrawal of sheeting shad] be promptly and completely Filled with sand and compavied it) a degree equal to the surrounding soil. 5. DEWATE,RINU A. All waterencountercd during excavation shall be prompily and ciatnpletcly removed to a depth below the exposed excavation surface Sufficient to aa. 1 40 • provide a dry working. surface. The excavation shall be kept dry until the work to be built or placed therein has been completed as specified. Dewatering shall be done in a manner that will not cause sloughing or caving of the excavation walls. Water from said dewatcring shall be disposed of in a manner as will not result in violations of State water quality standards in receiving waters, nor cause irtlury to public health nor to public or private property, nor to the work completed or in progress. Any and all damage caused by dewatcring shall be promptly repaired by the Contractor at no cost to the Owner. The receiving point for water from said operation shall be approved by the applicable regulatory agency and the Engineer. The Contractor is responsible for obtaining all required permits and any other approval necessary. REMOVAL OF MUCK, ROCK AND OTHER UNSUITABLE MATERIAL + A. All muck. rock , clay, marl, gravel, boulders, heterogeneous fill material and any other organic or unsuitable "materials of excavation" encountered under pavement areas, structures and utilities shall be excavated and removed. Also any "unforeseen obstacles" such as buried trees or timbers, abandoned utilities, metal objects, concrete masses, or any other type of debris encountered shall be removed. B. Stripping shall be accomplished to clean in-place sand or other suitable material as approved by the Engineer. Removal of unsuitable material within areas which are to receive footings, slabs or other foundations shall be completed for the full area under such structures and to ten feet minimum outside the maximum perimeter. Where pavement is to be placed, said removal shall include all area under the surface and extend to the 6lllside of shoulders and under sidewalks and bike paths, oras directed by the Engineer. C. All roots, stumps, logy, hunts, timbers, boulders, or any material which is not suitable for backfill material shall be removed from the rile promptly rind excavated and disposed of by the Contractor at his expense. D. All "materials of excavation" and "unforeseen obstacles" will he considered as incidental to construction tin(] no additional con►pcnsation will be allowed. ROW 4D • 4 i SECTION 2C - BACKFILL AND COMPACTION SCOPE A. The Contractor shall furnish all of the material, equipment, plant, labor, transportation and supero ision necessary so as to complete the Work as shown on the flans and specified herein. 2. GENERAL A. Where structures or unsuitable material have been removed Suitable backfill or tit] material shall be provided, placed and compacted to elevate the site to the finish grade as shown on the grading plans. Pre -fill compaction shall be accomplished prior to this operation„ as specified herein. 3. MATERIAL A. General 'Fill - All hurnus, peat, spongy material. roots, stumps, muck. paving materials, and other objectionable materials shall be unsuitable for backfill. Suitable material for backfill shall consist of sandy -loam, clayey- sand, sand, gravel, soft shale, or crushed stone. The Engineer shall be the sole judge of what constitutes suitable and unsuitable material for backfill other than those materials listed above. B. Select Fill - Shall consist of uniform, clean, free draining sand, containing less than 4% fines passing a No. 200 sieve. Laboratory test results of this; fill shall be submitted to the Engineer for lois approval. C. Filter Material - Shall consist of a washed sand containing less than 2%. finers passing a No. 200 sieve and must have a uniformity coefficient of 1.5 or greater but not more than 4.0. Effective grain size shall he between 0.20 and 0.55 millimeters diameter. 4. BORROW A. If there is not Sufficient excavated material of a suitable duality tr. complete the work, the Contractor shall provide and deliver the.. necessary suitable additional material to the job site. UNSUITABLE MATERIAL REPLACEML'•N,r A. Fill material shall be placed and spread evenly in layers not to exceed eight irttiay!!s b_ cle Ctllcili! t!,!rr. AH Jill' material shays L'c i;c:c 11com vegetable matter, wood, and other deleterious substances, and shall our contain rocks or clods having a diameter of more than three inches. B. If soil cement paving is proposed, local yellow sand or hard pan shall not be used for the subgrade nor in the base. f7 PRI? -FILL C OMPAr ,ION A. Should the pre -fill surface elevation lie hclow chit required for the batiC of Proposed building foundations or paving subgrade. the areas within road um RW i t rights-of-ways, under parking areas, and the areas tinder and within live feet of proposed buildings shall be precompacted. This precompaetion shall be performed equally on existing ground and on surfaces which have been excavated to remove unsuitable material. The top one foot of said. areas shall be compacted to a minimum density of 95% of maximum as " determined by AASHTO T-180. The maximum spacing between density tests shall be 150 feet. " 7. COMPACTION u A. Backfill material shall be compacted to 95% of maximum density per AASHTO T-180, Equipment suitable and adequate for uniform f compaction to the specified density shall be used for backfill operations ` subject to the approval of the Engineer. All compaction equipment shall be _ in good working order and any worn or defective equipment shall be immediately replaced or repaired. 8. SOIL STABILITY AND COMPACTION CONTROL A. The Contractor shall arrange to have sufficient soil tests made by an independent testing laboratory selected by the Engineer to demonstrate conformance of his work with the stability and compaction levels required " by these specifications. Compaction tests shall be taken at intervals listed " herein or as deemed necessary by the 'Engineer. B. Any proposed alternative test methods to those specified herein must be " approved by the Engineer prior to testing. At the request of the Engineer, the Contractor shall provide such documentation of a proposed .alternative test method as the Engineer may require to evaluate the method for approval. C. In no case shall the Contractor proceed with construction on compacted material until the tests prove satisfactory and approval is given by the a Engineer. D. In general, it least one test for maximum dry density/optimum moisture content shall be performed on a representative sample of each inherently different material to be used for compacted backfill Or embankment 1111. For material of uniform composition and textural class, a minimum of one test per 200 cu. yd. of material shall be performed at the point of use. E. Tests for in-place density (percent compaction) %hall be liken at locations designated by the Engineer. RW 40 40 4D • SECTION 2D - SITE CLEANUP & RESTORATION SCOPE A. The Contractor shall furnish all plant, labor, equipment, appliances and materials required or necessary to clean up the site after the construction is completed and to restore items disturber) or damaged due to his construction operation. GENERAL A. During the progress of the project, the work and the adjacent areas affected thereby shall he kept in a neat and orderly condition. All rubbish, surplus materials, and unused construction equipment shrill be removed. All damage shall be repaired so that the public zinc[ private property owners will be inconvenienced as little as possible. B. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the Contractor's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, .Ind the ditches, channels, brains, etc., shall be kept clean.. C. Before the completion of the project, the Contractor shall, unless otherwise especially directed or permitted in writing„ tear down and remove all temporary buildings Incl structures which he builds; remove all temporary works, tools, and machinery or other construction equipment furnished by him; remove, acceptably disinfect. and coverall organic inatter and material containing organic matter in. under, and around privies, houses, and other buildings used by him; remove all rubbish from any ground~ which he has occupied, and leave the roads, all pans of the premises and adjacent property affected by his operations, in a neat and satisfactory condition. D. It shall be the r. sponsibility of the Contractor to repair, rebuild, or restore to its former conditions, any and all portions of existing utilities;, structures, equipment, appurtenances, trees and shrubs, or facilities, other than those to be paid for under the specifications, which may be disturbed or damaged due to his construction operations. E. The Contractor shall thoroughly clean all materials and equipment installed by him and his subcontractors and on completion c11' the work :Miall deliver Elie [cii;ilitieS un[tatiiaigUd Mid iia tre:,ii ;laid vw%% ,il��r<<ufll condition. MM • C771 CI f, SECTION 2E — MISCELLANEOUS LANDSCAPE AMMENITIES + I. Decorative Concrete Pavers A. Interlocking }saving stones and turf block shall be manufactured by Paver ' Systems, Inc., or approved equivalent. Paver shall be 3 118" thick B, Installation shall be per manufacturer's specifications. + C. Unsuitable, unstable, or unconsolidated subgrade material shall be excavated. Sack fill with three incites (Y) of compacted, dense graded aggregate. (Subgradc and coarse granual base shall be compacted to 98% 1 maximum density per AASHTO T-180), D. Place bedding, course of sharp, washed concrete sand or limestone screenings to a uniform depth of l Yx" leveled to the grade and profile required. I E. Install pavers with joints of approximately 118". " F. Where required, cut paving stones with an approved cutter to tit accurately, neatly, and without damaged edges. G. 'Damp with mechanical vibrator until uniformly level, true to grade and free of movement. H. Fill voids by sweeping; in clean, Cine sand. 2. Unless otherwise noted, all connectors for wood stairs, ramps, signage. dccking, and other landscape architectural amenities shall be type 316 stainless steel. Type 304 will not be accepted as a substitute. Additionally, all assembly hardware " (nuts, bolts, screws, washers, etc.) shall also be type 316 stainless steel.. 40 101 i 40 SECTION 2F - SUBGRADE L DESCRIPTION A. The subgrade will be con.gi acted such that after being compacted it will conform to the line, grade, and crass sections as shown on the Drawings. Shoulders shall be stabilized and compacted as specified herein for subgrades. 2. LIMEROCK BEARING RATIO A. The subgrade shall have a minimum hearing ratio of 40 as determine([ by the Limerock Bearing Ratio Test. In an area where the bearing ratio is less than 40, stabilizing material approved by the Engineer shall be furnished by the Contractor, spread and mixed in accordance with Section 160-5.3 "Mixing" of the 1991 Edition of the Florida D.Q.T. Specifications. 3. CONSTRUCTION DETAILS A. The subgrade shall be shaped, graded, and rolled to contorin to the lines and grades as shown on the Drawings. Fine grading of the subgrade to its final profile shalt be accomplished after the existing ground has been cxcavaicd as close as possible to the design eleva€ions. In fill areas, fine grading of the subgrade shall he accomplished atter till is spread and compacted in accordance. with Section 2C of these Specifications = ,"Backfill and Compaction". B. All drainage culverts and utility conduits which will be installed under the pavement shall be installed prior to the final shaping and compaction of the subgrade. COMPACTION A. The top of the subgrade in both cuts and falls shall be compacted to a minimum of 98 percent of the maximum dry density to the depth specified on the Plans. The required density shall be maintained until the base course has been constructcd. The subgrade shall be compacted with an approved self-propelled steel drum or pneumatic tired roller weighing not less than 8 tons. All hollows and depressions which develop under rolling shall be filled in with suitable. material. The process of grading and rolling shall he repeated until no depressions develop. After compaction, the top surface of the fine grade shall be true to lite and grade at all locatinns. If the fine grade becomes rull t] or di4plxtved due to any cause whatsoever, the Contractor shall regrade it and recompact it. Ditches, drains, unci swales shall be maintained along the completed subgrade section after their construction. B. In no case shall the Contractor proceed to construct the base course oil tate subgrade until the subgrade has been tested for Limerock Bearing Ratios and compaction, line and riade is chcckcd, and approval given by the Engineer. alb • 7r 5. STABILIZED SHOULDERS A. Stabilized shoulders shall be constructed on each side of the paved roadway section to the width, depth and slope as shown on the Plans and Typical Sections. The stabilized shoulder material shall have a minimum ' . Limerock Bearing Ratio of 40 as determined by the Limerock Bearing Ratio Test. In an area where the bearing ratio is less than 40, stabilizing material approved by the Engineer shall be furnished by the Centractor, r spread, and mixed thoroughly throughout the entire depth and width of the stabilizing limits. No specific density will be required and compaction r shall be only to the extent directed by the Engineer. I 6. COMPACTION TESTING A. In general, Limerock Bearing Ratio tests on the subgrade shall be taken f at approximately 300 lineal foot intervals. Exact locations will be ` designated by the Engineer. B. The maximum dry density of the subgrade material shall be determined by the Modified Proctor Test using the procedure as described by ASTM a D1557 or AASHTO-T180 (Method A). In general, there shall be one Modified Proctor Test per 300 lineal fact at a location which is representative of the type of subgrade material used on the project. Each material which is inherently different in composition from other subgrade material and which is used over a widespread area of the project, will necessitate an additional Modified Proctor Test. v sm • tr r 40 SECTION 20 - STREET SIGNS 1, DESCRIPTION A. Work under this heading consists of furnishing and installing street signs- and ignsand traffic control signs. B. The signs shall conform to the requirements of the Federal Highway Administrations Manual of Uniform Traffic Control Devices as adopted by Indian River County. The location of the signs within tkte project shall be subject to the approval of the Indian River County. C. All existing signage in conflict with proposed construction within F.D.a.T, right-of-way shall be relocated in the sante vicinity so as ,not to conflict, with the final improvements. The location of signs within F.D.O.T. right-of-way shall be subject to the approval of the F.D.t_i.T, 4b • M SECTION 2H - UTILITY CONDUITS r 1. DESCRIPTION i A. Work under this heading consists of furnishing and installing conduits tinder the roads at the locations shown on the Plans. 2. INSTALLATION t A. The conduit shall be installed prior to the construction of the paving subgrade. The conduit shall, unless otherwise noted, be PVC, SCH 40 pipe. Unless otherwise noted, the conduit shall be 4 inch diameter and be t installed with 42 inches cover at the centerline of the road. All conduit V shall extend a minimum of four feet beyond the edge of the pavcattent or, if there is a curb, the back of the curb. I B. The pipe shall be installed straight, level and in strict accordance with the manufacturers recommendations. Backfill shall be compacted in uniform layers to a minimum of WOIXe of maximum dry density per AASHTO T -I8@. 3. LOCATION MARKING A. The Contractor shall accurately mark the location and depth of the ends of the conduits by a method which will allow the utility company to readily locate the ends. The Contractor shall also deliver to the l nginecr an "AS BUILT" drawing showing the location of the conduits i with reference to man holes, street intersections, lot corners or other permanent references. 1. AS-13UILT5 A. During the installation of utility conduits the Contractor shall keep accurate records of the As -Built construction showing the location and burial depths of ;all utility conduits. All conduits shall be referenced t frorn permanent objects such as manholes, valves, etc, Upon completion of the project the Contractor shall deliver to the Engineer an As - Built 'hawing showing the above infortnaluxn. 5. PAYMENT A. Payment for this item shall be on a lineal toot basis Ian• each diameter specified and shall include the cost of all labor, tools, materials, compaction, and equipment necessary to complete the work in accordance with the Plans and Specifications. t t• +s A 40 SUCTION 21 - SWALE CONSTRUCTION DESCRIPTION A. Fine grading of swales shall be accomplished after the existing ground. has been excavated and compacted to within + 0.2 ft. of the design elevations. Fine grading of the swale areas will be bone by a motor grader unless otherwise approved or directed by the Engineer. Hand dressing will not be required except where shown oil the Drawings or in confined areas where equipment operation is restricted. B. The Contractor shall maintain and keep open and free from leaves, sticks, rubble, and other debris, all swales graded by him until final acceptance of the work. C. The finished grade shall be completed and shaped to a surface which varies no more than 0.l foot above or below the Plan elevations except that, adjacent to pavement, grates, or sidewalk, the swale shall be graded to thatch tl;e edge of the pavement, grate or sidewalk. D. In areas where sodding is required, finished soil grade shall he set 0.2 foot below the plan elevation to compensate for sod thickness. E. Compaction to a specific density will not be required unless so directed by [lie Engineer. However, swales shall be compacted to a firm, even surface true to grade and cross section. All swales must be rolled. F. Fine grading of the swalc areas shall preferably be done prior to paving tite asphalt wearing course. If the Contractor chooses to tine grade the Swale areas subsequent to paving, lie must exercise extreme care when dressing areas adjacent to pavement areas to avoid damage to the pavement. No handling of swale material shall be permitted on the pavement surface. G. After final dressing of the swales, the Contractor shall seed or Sod them as required by the Plans. PW SECTION 2.1 - LANDSCAPING I PART1-GENERAL I 1. DESCRIPTION OF WORK A. Work included: This section is part of the entire set of contract documents and I shall be coordinated with the applicable provisions of the other parts. B. The extent of the landscape development work is shown on the drawings and in l schedules. Completion of the work shall mean bill and exact compliance and conformity with the provisions expressed or implied in the drawings and specifications. P C. The work under this section includes Supplying and planting of trees, shrubs and ground covers in accordance with sound nursery practice and maintaining and watering them until final completion and acceptance, but not less than 30 days t from installation, and any other work as culled for on the plaits and in these specifications.. d 2. RELATED WORK w Site work (rough grading). 3„ [QUALITY ASSURANCE A. QUALIFICATIONS OF INSTALLERS: The Contractor shall have his labor crews controlled and directed by a landscape forC:lninl well versed in plant materials, planting, reading blueprints and coordination between job and nursery, in order it) execute installation rapidly and correctly. I B. TREES AND SHRUBS: Provide trees and shrubs grown in a recognized nursery in accordance with good horticultural practice. (The only exception shall be native plant material collected front field locations.) Provide healthy vigorous stock grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae, and defects Such as knots, sun - scald, injuries, abrasion~ or disfigurements. All plant material shall be graded Florida No. I or better as outlined under Grades and Standards for Nursery I'tants, I State Plant Board of Florida. i- 4. PRODUCT HANDLING A. 2E VERY AND STORAGE: The bulls of B & B plants which cannot be i- planted immediately on delivery shall be covered with moist soil or inulch or other protection from drying wind and Sun. All plants shall he watered :,s nece"vey until planted. CI 40 4W • B. PROTECTION 1. Trees moved by winch or crane shall be thoroughly protected from chain marks, girdling, or other bark slippage by means of burlap, wood battens or other approved method. 2. Container grown plants shall be carefully removed from [lie container so as not to disturb the root system. Spade shall not be used to cut containers. S. ]OB CONDITIONS A. EXISTING CONDITIONS 1, The contractor shall verify all site conditions prior to construction. 2. The Contractor shall exercise care in digging and other work so as not to damage existing work including underground pipes and cables, and the pipes and hydrants of watering systems. Should such overhead or underground obstructions be encountered which interfere with planting the location of plants shall be adjusted to clear such obstruction. 3. Should any objectionable materials such as old concrete, bricks, or other debris be encountered during platting operations, they shall be removed from the site by the Contractor. B. SCHEDULING 1. In general the work shall proceed as rapidly as the site becomes available. 2. Landscape installation shall not begin until an adequate source of water is available on site. 3. The Contractor shall he responsible for coordinating his work with all other parties involved with the job in order the eliminate unnecessary complication during the installation of his work. Q. Upon substantial completion of work, the Contractor shall request a walk- through by the Landscape Architect to formulate .t "putsch list". Contractor shall complete "punch list" items',is quickly as possible, and request another walk-through to verify completion. Upon successful completinn of th- "°punvh list" items, the work will be accepted by the Owner. G. GUARANTEE A. Considering that the Owner will be responsible for maintaining all materials after acceptance, the Contractor shall guarantee to replace all plant nuncrial,� for ai period of time after tonal acceptance its follows: is C> 40 4D Trees (except Balms) - 180 days 2. Palms - 1 year. (includes relocated existing Palms) 3. Shrubs and Ground Cover - 60 days. 4. Sad - 30 days. M B. Should any of lite plain materials show 40% or more defoliation during the guarantee period due to the Contractor's use of improper materials or workmanship the Contractor, upon written notice, shall replace same within 15 days, without additional cast to the Owner. G C. Specifically excluded from the guarantee are damages resulting from natural ' causes such as floods, lightning strikes, freezing or winds over 60 mph., damages from acts of negligence on the part of lite Owner or others occupying the site, fires, vandalism and herbivorous animals. D. This guarantee shall be in effect only if proper maintenance is performed by the Owner, after final acceptance of lite Contractor's work. Without such maintenance, this guarantee shall became null and void. Proper maintenance shall he considered as performing the procedures described generally in Section 2R, a part 3, paragraph A. 7. SUBMITTALS I A. Physical samples of prepared planting soil, and mulch. B. Labels from starter fertilizer. 1 C. Submit recommendations for watering schedule the Owner prior to completion of i work. D. Submit recommended plant care and maintenance procedures to Owner prior to completion of work. CE. Soil test results (see Part 3, Section I BY P. The Owner reserves lite right to withhold 10% of lite contract amoum iintil the submittals a m.- received. o PAIN 2 - PRODUCTS I 1, MATERIALS A. NOMENCLATURE: Conform to the names given in Slandardi zed Plant Nnmrti, 1942 Edition, picimie€i by the American Joint Committee on Horticultural I Nomenclature, Names of varieties nol inclnded thetein. confonn generally with i oatncs acceptco in the nut:eery trade. 1. 4W r 40 C-1 B, MEASUREMENTS: Plants shall be treasured when branches are in their normal position. Height and spread dimensions specified refer to main hotly of plant and not extreme branch tip to tip. The measurements specified arc the minimum size acceptable and are the nteasurenicnis after pruning, where pruning is required. C. B & B PLANTS: No plant shall be accepted when the ball of earth surrounding its routs has been cracked or broken. The diameter of the ball must be sufficient to encompass the fibrous and feeding root system necessary for the maximum development of the plant. Root pruning shall have been done at a minimum of four (4) weeks before planting at the job. Anti-transpirant spray shall be applied immediately following installation. D. MATERIALS: Pot bound plant materials will be unacceptable. E. SOD: The sod shall be of firma, tough texture having a compact growth of grass with good root development. It shall contain no weeds, or any other objectionable vegetation. The soil embedded in the sod shall be good clean earth, free from stones and debris. The soil shall he free from fungus, vermin ;and other diseases. 2. MIXES A. Fertilizer shall be Agriform 21 Gram Tablets, slow release, 20-10-5 analysis, or an approved equal. Rates of application shall be as follows: 1 -gal. can plants I tablet each 3 -gal. can plants 2 tablets each Palm trees (Single stem) 6-8 tablets each Palm trees (multiple stem) l tablet per each 3" of stern diatmetea: cumulative diameter measurement Trees 1 table[ per each 1/2" of trunk diameter: for multiple trunks [Ile diameter measurements will be CLInutlatiVC, B. Starter fertilizer shall be 6-6-6, l001l" organic, with minor elements. This ferliliaer shall have 40%-50+f/, of its total o lb, <<rti iia a wntca Auioluble lorrin. C. Lawn areas shall be treated with fertiliver applied at a nate of twenty (20) pounds per 1000 square feet, D. Soil used for planting (planting mix) shall consist of 7011" Florida native peal, 30% wood chips (pine bark passing through 3/4" screen) and sawdust, 3 lb. starter fertilizer per cubic yard. Steil tttixtta,C tined to bacf: iii! planting pits shall consist of two purls of existing topsoil from on site, ,rid one part prepared planting mix. 21.4 C7 C�I 40 • PART 3 - EXECUTION 1. PREPARATION A. SOIL TESTING: The Contractor shall test each site area for sail pH. Provide and supply such soil amendments as are necessary to adjust the pH range of each area to a level that will provide optimum conditions for the vigorous growth of the specified new Plant material and grass (6.0 - 6.5). Submit test results and proposed soil amendments outline to [lie Landscape Architect prior to amending soils. (Soil amendments). B. PLANT PITS: Circular pits with vertical sides shall be excavated for all plants. Diameter of pits for trees, shrubs, and ground cover shall be at least two times greater than the diameter of the ball. 2. I N STA L LAT ION/A P PL ICATI ONIPER FOR MANC E i - A. All plants except as otherwise specified, shall be centered in pits and set oto f compacted top soil to such a depth that the finished grade level at the plant after settlement will be the same as that at which the plant was grown. No burlap shall be pulled out from under balls. Remove burlap from top 113 of root ball, Roots shall be spread in their normal position. Container grown plants shall not be t . excessively root bound. All broken or frayed roots shall be cut off cleanly. Soil shall be placed and compacted thoroughly, avoiding injury and shall be settled by ¢ watering. No tilling will be permitted around trunks. k B. Foray temporary earth saucers with six (6) inch high berm around all ncwiy planted trees. Saucer diameter for trees four (q) inch caliper or less shall be approximately three (3) feet. Saucer diameter for trees greater than four (4) inch caliper shall be approximately six (6) feet. All trees shall be watered daily for the pIp first month. Remove saucer berm as final mulchingand sodding takes place. 4_ C. New planting shall be so set that the final level of ground around the plants shall conform to surrounding grades, or as otherwise specified. D. Moisten prepared surface immediately prior to laying sod. Solid sod shall be land immediately upon delivery to site with closely Abutting joints, with a tamped or rolled even surface. Stagger enrl joints unininatun of 12 inchc,,. It ',ball b_ the responsibility W the Contractor to bring the sod edge in a meat, clean manner to the edge of ala, paving and shrub areas. Alter the sod is laid. a lop dressing of clean sand shall be evenly applied over the entire surface and thoroughly washed in. (if' determined necessary by the Landscape. Architect). Norte: Sand will not be required on properly laid sod. E. All piaant beds, unless otherwise noted, including tree saucers, shall be top-dresscd with 3" shredded cypress bark mulch (American W(lgid Prodmlt type "u" of equal). �f 5 40 4D L' F. 'rlic amount of pruning on new plant material shall be limited to the minimum necessary to remove dead or injured branches to conapcnsatc for the loss of roots as a result of transplanting. operations. Pruning shall be done in such a manner as not to change the natural habit or shape of a plant. All cuts over one-half (112) inch diameter shall he treated with 'in approved tree paint. 3. 'INSTRUCTIONS A. MAII+TRNANCE 1. The Contractor shall maintain all plant materials in a first class condition from the 'beginning of landscape construction until the landscape work is accepted ffm by the Owner, including proper watering. 2. Maintenance shall include, but not be limited to watering of turf and planting beds, mowing, cultivation, weeding, pruning, disease and pest control, replacement of dead or unacceptable materials, straightening turf or planter settlement areas, guy wire repair and tightening, wash -01.11S, and any other procedure consistent with good horticultural practice necessary to insure normal, vigorous and healthy growth of all work under this contract. 3. Mowing, if necessary prior to final acceptance. shall occur at regular intervals at a mowing height of 3 inches when the grass reaches: a height of four and cane -half (4 1/2) inches with a standard rotary mower. At no time shall more than 1/3 of the leaf surface be removed. 4. It will be the Owner's responsibility to continue maintaining the landscape, following guidelines above, after final acceptance. B. GRADES: It shall be the responsibility of the Contractor to finish (fine) grade all landscape areas, eliminating all surface irrczularitics, depressions, sticks, stones, and other debris, and remove them from the site. Bough grade shall be considered as ;site work (rather than landscaping) and shall he established to within a: 0, i" of design grade. 4. CLEANING: The Contractor shall at all times keep the premises (grounds and pavements) free from accumulations of waste material or rtthhish caused by his eiripioyaes or work. 2t IN SEC TIQN 2K - VVA7'ER SERVICE TUBING 1. SCOPE A. General The work to be perforated under this item shall include furnishing and installing water service tubing, its specified by the Engineer and as shown oil the Pians. B. References Standards applicable in this Specification shall bc: 1) American Water Works Association (AWWA) a. AWWA C901-88 - Polyethylene (PE) Pressure Pipe and tubing, 1/2 in. through 3 in., for Wetter Service. 2) American Society of Testing: and Material (ASTM) a. ASTM D2239 - Standard Specification for Polyethylene (PE) Plastic Pipe (SIDR-PR) based oil Controlled Inside Diameter.. b. ASTM D2737 - Standard Specification for Polyethylene (PE) Plastic Tubing. C. ASTM D2774 - Standard Recommended Practice for Underground Installation of Thermoplastic Pipe Materials. d. ASTM D3350 -- Standard Specification of Polyet.iylene Plastic: Pipe and Fitting Material. C. Submittals 1) Shop Drawings - Prior to any fabrication or installation work, the Contractor shall furnish to the rng,ineer, for review and approval five (5) sets of shop drawings for the following items. All drawings shall be reviewed, approved and stamped by the Contractor prior to subnussion to the Engineer. a. Water Service Pipe b. Tube Stiffeners �. iMATLRIALS A. Pol eta leve Tubing 2 Incites in Diameter and Stttaller Polyethylene tubing shall be manufactured in accordance with AWWA 0901.88 of PE -3408 extrusion compound, cell classification PE334434C polyethylene plastic material as specified in ASTM D335(), Polyethylene plastic pipe shall confort3i to ;he following: M �_ J 40 40 40 a.. Tubing shall have it working pressure of 200 Psi at 73.40 F. b. Tuhittg interior surfaces shall be glass smooth, and shall be free from bumps and irregularities. Materials Must be completely homogeneous and uniform in appearance. C. Tubing dimensions and tolerances shall correspond with the values fasted in ASTM D2737, with it standard outside dimension ratio (DR) of 9.. d. Tufting shall be fully labeled with brand name and manufacturer, NSF seal, size, type of plastic material, and ASTM designation with which the tubing complies. _ Joints Joints for plastic tubing shall be of the compression type, utilizing a totally confined grip seal and coupling nut, along with it split clamp locking device. Stainless steel tube stiffener inserts shall be used at all plastic tubing joints. C. Buried Identification Ta e Detectable buried identification tape shall be installed for all pipe. Tape shall be 2 inches minimum width, consisting of a minimum 5 tail overall thickness with a solid aluminum foil core. Construction shall he 2 mil clear film, reverse print laminated to aluminurn foil to 2 rail clear film, making tiie till permanently printed. Tape shall be furnished in manufacturers' standard roll length, niceting the „American Public Works Association" (APWA) color code, arid shall be imprinted continuously with the following word;:. unless otherwise approved: "CAUTION BURIED WATER MAIN BELOW" Detectable buried warning tape shall be equal to or better than "PRO -LINE" underground utility marking tape as manufactured by Pro -Line Safety Products Co., 1499 Atlantic Drive, Unit #1, West Chicago, 1L. D. Detectable Buried Trace Wire Trace wire shall be continuous #14 TFIHN, single conductor copper wire. PVC color sheathing shall meet the color Mile of the "Americaui Public Works Association" (APWA). 3. INSTALLATION A. Inslallatinii of. Plastic Water Service Tubing Tubing shall be installed in accordance with ASTM D2774 standards as modified bV these specification: and the Contract Diawings. Plastic tubing shall he installed with a minimunt cover of I$ inches. Tubing ,hall be placed in trench bottoms that provide continuous support and are uniliurn and free from rocks, stones and other debris. The initial bedding and backfill from 3 inches below the lulling w rt inches above the tubing shall he sand or other :,, . i 4D granular backfill not exceeding 112 'inch in particle :size. Care shall be exercised during backfilling, compaction to ensure that sharp or heavy rocks do not come ` into contact with tite tubing. Where possible all service taps into the mainline shall be made 301 above perpendicular to the pipe axis. Under no circumstances shall the tapping angle exceed 45o above perpendicular. successive taps into the mainline shall be spaced a minimum 18 inches apart. " All water service tubing crossing under roadways shall be installed in schedule 40 PVC casing pipe in accordance Willi the Drawings. Casing pipe to be installed under existing asphaltic surface courses shall be jack and bored as further specified in these Documents, or by following a pneumatically burrowed hole such as made by a "Pierce Arrow". ' B. Installation of Delectable Buripd WarninXTape 'rape shall be tied to each valve or fitting and shall run continuously with no splices between valves or fittings. Tape shall be placed at a maximum depth of I 12 inches below finished grade directly above the pipe centerline. Following placement of tape, the trench shall be backfilled with due caution to prevent displacement or damage to the tape. { C. Installation of Detectable Buried Trace Fire 'trace wire shall be installed on all pipe, valve and fittings, with splices. branches, connections and terminations as shown on tite plans. 0 • C-) 40 40 SECTION 2L - MISCEi.1.ANE0US APPURTEIsIAN ES FOR WATER DISTRIBUTION SYSTEM 1. GENERAL A. All of the types of valves and appurtenances shall be products of well established reputable firms who are fully experienced and qualified in the manufacture of the particular equipment to be furnished. The equipment shall be designed, constructed and installed in accordance with the best praclices and methods and shall comply with these specifications as applicable. B. All valves and appurtenances shall have the name of the maker and (lie working pressure for which they are designed cast in raised letters upon some appropriate part of the body. 2, WATER SERVICE TAPS A. Service saddles with fusion bonded plastic coated, ductile iron bodies having stainless steel double straps and elastotneric gasket shall be used for all taps. Corporation stops shall be brass with IPS inlet thread and compression outlet for polyethylene tubing, and shall conform to AWWA C800. 3. CORPORATION COCKS A. Corporation cocks for connections to ductile iron or PVC piping, shall be all brass or bronze Suitable for 150 psi operating pressure, shall be iron pipe thread design, and similar to Mueller Co. 1-1-10046, or equal, and shall be of the same size water service tubing as shown and/or noted on the Drawings. 4. FLEXIBLE COUPLINGS A. Flexible couplings shall be either the split type or the sleeve type as 5ltown tin the Drawings or as further specified hereafter. 1. Split type coupling, shall lie used with all interior pipint and with exterior piping as noted oil the Drawings. The couplings shall be mechanical type for radius groove piping. The couplings shall mechanically engage and lock grooved pipe ends in a positive coupte and allow for angular deflection and contraction and expansion. 2. Couplings shall consist of malleable iron, ASTM Specification A47, Grade 32510 housing clamps in two or more parts, a :angle chlorinated butyl tunic Utiili.in Se ilinL, 911",ket With til „C„ Al;lllc "i and internal scaling lips projecting diagonally inward, and two or more oval track head type bolts with hexagonal heatvy nuts Cnlllortliing to ASTM Specification A l83 and AM to assemble the 1101'sing clannps. Bolts and nuts shall be hot dipped galvanized after falirieation. 3. victaulic type couplings and fittings may be used in lieu of flanged joints. Pipes shall be radius grooved its specified for use with the Vct,tulic couplings. Flangcd adapter connechow, al and equipment shall be Victaulic vie Flange Style. 7-11, equal by GustinBacon Group. Division of Certain -Taal Prouueis, Kansas City, Kaiisals, or equal. -'1: 1 i 4. Sleeve type couplings shall be used with all buried piping. The couplings shall be of steel and shall be Dresser Style 38, Smith Blair Style413, t Baker Allsleel, or equal. The coupling shall he provided will' hot E dipped galvanized steel bolts and nuts unless indicated otherwise. 5. All couplings shall be furnished will' the pipe stop removed. j 6. Couplings shall be provided with gaskets of a composition suitable for exposure to the liquid within a pipe. t 7. If the Contractor decides to use victaulic couplings in lieu of flanged joints, lie shall be responsible for supplying supports For the joints. TAPPING SLEEVE'S AND VALVES A. Tapping sleeves shall be long body, mechanical joint type with flanged outlet, ductile iron construction, split in two sections and designed for assembly ' around the main without halting service. The sleeve shall be suitable for use I with the type and O.D. of pipe being tapped. I B. Tapping valves ends shall be a standard flange (for bolting to the sleeve) by ` mechanical joint. Valves shall have oversized seat rings to permit entry of the tapping machine cutters and, except as otherwise specified, shall be similar in construction and operation to AWWA C509 resilient seated ate valves. apping valves and sleeves shall be cold wirer pressure rated at 200 psi minimum t' for valve sizes up to 12 inches or less and 150 psi minimum for valve size over 1 inches. Tapping sleeves and valves shall be "Mueller" or approved equal. w lr C_1 a 0 SECTION 2M - WATER DISTRIBUTION SYSTEM TESTING AND DISINFECTION 1. SCOPE A. This Section describes the procedural, material, and acceptance requirements for cleaning, disinfecting, and testing of water distribution systems with regard to sanitary quality, alignment, tightness, and overall integrity of the installed system. 2. GENERAL A. The Contractor shall furnish all labor, materials, transportation. pumps, gauges, and equipment necessary to flush, disinfect, and test the installed pipe system as required by these Specifications. B. The Contractor shall provide and install all temporary connections, corporation stops, blowoffs, and the like required for flushing and testing. and upon completion of satisfactory tests, shall remove same and install appropriate plugging/capping devices or permanent conticctions as required. C. The Contractor shall notify the Engineer at least 24 hours in advance of all acceptance testing to be performed. No testing for acceptance of [lie work shall begin until the Engineer or his authorized representative is present. D. No interconnection shall be made between the new work and an existing active pipe system, except that necessary and approved by the Engineer for testing, until the work is approved for use by the Engineer and Cantil all approvals and clearances required by applicable construction permits for use of the work are issued by the permitting agency. E. At least 3 business days prior to conducting each item of work under this: Section, the Contractor shall submit to the Engineer for approval a description of the specific equipment, materials, and proccdures to be used, plus identification of proposed water source(s), testing lab(s) and field analysis kit(S) as applicable to the particular work item. 3. FLUSHING A. Upon completion of each run of pipe between main valves or between a twain valve and a terminal blowoff, [lie pipe run shall be flushed at a mininiurn full diameter velocity of 2.5 ft./sec. in order to remove sand, debris, and other foreign materials prior to pressure lesling ;and disinfection. During blushing, all in-lii,a service meters shall be bypassed or replaced with a temporary spool to prevent damage due to excessive flow. B. Where a pipe system is looped, no snore than one loop shall he included in any section being flushed. C. The pipe run to be flushed shall be slowly filled with clean water with all valves, hydrants, and services open to tallow escape of .Cir pockets. High points in the: pipe shall he vented with wain^able vilvcd t:apti as nocvscary. When (lie system its C) C> 40 0 1 full and prior to flushing, all services and hydrant stuh-out valves shall be t fully closed. The ends of services shalt be secured above ground to prevent backflow front ponded water. D. Flushing shall continue until a minimum water volume of five times the aggregate pipe volume has passed through the pipe section being cleaned. The aggregate pipe volume shall include all pipe carrying flushing water froth the point of introduction to the work to the point(%) of discharge from the rust being cleaned. 1 E. Fire hydrants shall not be used as flta%hitlg discharge points. During mann flushing, all hydrant stub -out gate valves and water service curb stops shall remain closed. Upon completion of main flushing, each hydrant and service shall be opened and allowed to flush while the water source is being shut down. F. For nominal pipe sixes of 6 inches and smaller, the pipe shall be flushed through a discharge extension of at least the full pipe diameter. For nominal pipe sizes 1 greater than 6 inches, a 6 inch diameter discharge extension pipe, connected to the work with reducer(s), may be used in lieu of a full diameter blowoff. G. Flushing water shall be carried beyond the trench and shall be discharged in a manner that will not cause erosion nor structural damage oat or off-site, and will not cause contravention of State water quality standards in receiving surface waters. The Contractor shall provide adequate extension pipe, sedimentation a basin(s), and/or diffusion devices as necessary to prevent such damage. 1 4. HYDROSTATIC LEAKAL � ' ' J PRESSURE TESTING hing, the installed pipe system shall be tested for A. Upon completion of flus tightness under a continuous hydrostatic gauge pressure of 150 psi. + 5 psi, determined at the lowest point in the system, for a period of 4 hours. The allowable leakage rate shall not exceed that defined in and specified by AWWA C600-82, unless otherwise requested by the Engineer prior to testing. I B. If the work is subject to acceptance by a municipal or private utility with its r own adopted teat requirements more stringent than those stated herein with regard to pressure, duration, and/or allowable leakage mate, such 1 requirements shall supersede these specifications. 1 C. Testing shall be performed separately on each valved -off section of the installed system. Testing shall be against closed in-line valves with each valve in the system subject to file full test pressure differential for full test time at least once during the course of testing. A shore hydrant hrmirll rat aY he tc%I d ars part of its corresponding run by leaving the gate valve aspen and testing against the closed hydrant valve, for the Full test period. `fest pressure shall then be maintained while the gate valve is closed, the hydrant valve opened, and it visual check made for leakage past the gate valve, indicated by water rising in tkte hydrant barrel. D. Allowable Ical:a ge shall be calculated Based on the pii}e diaan ICi( ) a rtil ("i.tl iaid length of the run being tested, with no additional allowance for valves. Wiiaigs, of joints. No visible leakage shall be ailowe4. it visible leakage is noted during the course of testing, or if allowable leakage is rxeeedcd, such 2SI • leakage shall be repaired to the satisfaction of the Engineer and the test repeated or extended for an additional period up to the full test time will) suitable adjustment for previous snake -up water used, at the Engineer's discretion. 1i`. During testing at pressures in excess or loo prig., all corporation slops not connected to services shall be sealed with appropriate screwed caps or plugs. All service corporation stops shall be left open and the services tested against closed curb stops. 1'.. The pumping/pressurizing and make-up water measuring equipment shall be provided by the Contractor and approved by the Engineer prior to testing. The pressurizing equipment shall be designed and operated in a manner that will minimize pressure surging and pulsing within the pipe. C. The Contractor shall provide and install a temporary valved tap with a 1/4" FPT connection to receive the pressure gauge in each pipe run to be tested. Upon satisfactory completion of testing, the Contractor shall remove and plug the pipe. H. In preparation for testing, the pipe shall be slowly filled with clean water from an approved source, taking care to purge all air pockets. Water remaining in the pipe system after flushing may be used and supplemented as necessary with prior approval by the Engineer, and clean test water may be reused for sequential testing of pipe segments. 1. In conducting the test, water shall be pumped into the full pipe until test pressure is attained, and makeup water shall be added as soon as the pressure drops to 5 psi below test pressure. All make-up water shrill be accurately measured, and the total test leakage shall be derived as the volume of make-up water added. L 'Should the tested section fail to meet these requirements, tite Contractor shall, at his own expense, locate and repair the defects and relest the section until it is acceptable. K. Where any section of pipe is provided with concrete thrust blocking, the hydrostatic pressure test shall not be made until at least seven days after the concrete was placed except if high early -strength ccnte.nt is used. in which case the hydrostatic pressure test shall not be made until .il least three days have elapsed. 1.1. Immediately upon completion Of - lutstiitig, lKestlow 9'. +"I'v" shall he operated to insure their full opening and closing. 5. DISINFECTION A. Upon satisfactory completion of pressure and leakage testing, all newly installed pipe, services, and hydrants shall be disinfected by introduction of a ronrentrated solutinn of calcinm hypochlorite or sodittra I-ypochlorite, along with sufficient potable wetter to till the pipe system, until a ffcc residual chlorine concenttati-on cf 200 tutlt i:: obtailted [ltrough.fut tlW The IM 40 C> 0 Contractor shall provide the water source, chlorine feed system, chlorine test € equipment, and bacteriological testing lab, subject to the Engineer's approval prior to disinfection. B. The Contractor shall provide and install a minimum 314" threaded tap for chlorine introduction and a stand pipe will, 112" hose bib sampling tali above grade at the upstream end of the piping section being disinfected, and a 2" valved blow off will, a 1f2" hose bib sampling tap at the downstream end of the section. At least one additio€cal above -grade sampling tap shtnll he installed in r each branch of a looped system at locations specified by the Engineer. Fire hydrants shall not be used as sampling points for bacscriological samples. C. The Contractor shall connect one end of the pipe system to a suitable potable water source and chlorine feed system and slowly fill the pipe with water while l feeding chlorine at a continuous rate until the pipe system is full and a free residual chlorine of at least 200 mgll is obtained at cacti end and at intermediate sampling points as directed by the Engineer. Daring filling, cacti service and hydrant shall be cracked open and allowed to flow until chlorine is detected in the discharge. L D. When the systen, is full and the required initial chlorine concentration is s obtained, all outlet valves shit[] be closed and the chlorinated water retained for t ill least 24 hours, at which time the free residual chlorine shall be checked at tt,e designated sampling paints. If the free residual chlorine is less than Sp iligll at any point, the pipe system shall be reflushed and rechlorinated until the required 24 -hours residual chlorine is obtained, at which tittle the system shall be purged with potable water until residual chlorine is reduced to that of the water I source. E. Si".€able bacteriological samples shall then he taken at designated sampling points on 2 consecutive days and tested for total colilorn, by it laboratory I certified by D.H.R.S, for microbiological analysis. Satisfactory results for i coliform analysis shall be 'indicated by it total coliforo, count of less than I per 100 ml. (MF) or less than 2.2 per 1{10 nil. (MPhil, 5 tube, to oll.) for each sample. If any sample result is unsatisfactory, tie disinfection and sampling s procedure shall lie repeated oil part or all of the installed system, tis directed by lite Engineer, until all samples from 2 consecutive days show satisfactory results. F. Once lite installed pipe system has been disinfected and bacteriological sampling boron, the system shall he kept continuously fill] w'i!h potable Water under sufficient positive pressure to preclude cont.uniii-tion from outside sources, and shall he maintained in such condition until intcrconi,cctian with the permanent water supply source is approved and completed. If, in the opinion of the Engineer, any part or the insianat on is subject to rceimt.sniill, on due to water loss from all or part of the installatiun, the cause shall be itnined'tately corrected and the installation shall be rctlisinl ct01 ..incl retested to the extent directed by the Engineer. Al 4 G. Highly chlorinated water used for disinfection shall be disposed of in a manner that will not cause a health hazard or damage to the aquatic environment of receiving waters. Unless otherwise directed by the Engineer, such water shall be dechlorinated with a satisfactory reducing agent or diluted to a maximum total residual chlorine concentration of 2 mg/l prior to discharging to surface waters, storm sewers, or sanitary sewers. 2115 r F-3 4W MM 7 L, 5ECTIC7N 21+1 - PlPE AND FITTINGS F DR GRAVITY SEWER SYSTEM t L SCOPE A. This section describes the material and structural requirements for pipe, joints and fittings to be used in construction of gravity sewerage systems as shown on the Plans. 2. GENERAL r A. The Contractor shall Furnish and install the pipe, fittings and structures as shown on the Drawings and as specified herein. B. Standards and specifications referenced herein shall be the current published I edition. ` C. Unless otherwise rioted or 'approved by the Engineer, all materials/equipment of I a particular type, size, or class shall be by a single manufacturer and shall be of i the same model or series. D. The Contractor shall provide to the Engineer upon request a written 7 certification that all materials furnished by him have been manufactured, inspected, and testers in accordance with the applicable specification and/or standard. E. All pipe, fittings and appurtenances shall be new and in good condition, free from damage or defects. and maintained in such condition until incorporated in the finished work. F. Any or all materials found during [lie progress of the work to have cracks, flaws, or other defects which, in the judgement of the Engineer, would cause q leakage, rupture, or otherwise impair tiie quality of the finished work may be rejected by the Engineer. Rejected materials will be immediately segregated from acceptable materials, marked as "REJECTED". and removed from tiie job site by the Contractor without delay. " 3. PIPE AND Fl7rlNGS F A. PVC PIPE AND FITTINGS 1) Unless otherwise noted' in the Plans. PVC pipe and ftttini; shall he Type PSM, SDR 35, push -on joint with thickened integral bell and elastomeric gasket, con forming to ASTM D3034. The pipe shall have a standard laying length of 12.5 feet or 20 feet. Necessary sittings and adapters shall be supplied by the same manufacturer as the PVC pipe and shall he compatible with all other SDR 35 pipe. Joint4 shall conform m t _ ASTM D3212. Connections to pipes of other materials or to pipes with dimensions not compatible with SDR 35 pipe shall be made using flexible couplings with stainless steel tightening bands as manufactured by Fernco, Inc., or Mission Rubber Co., Inc. or Joints, /tic. B. DUCTI LE IRON PIPE AND Hill NQS i 1) Ductile, it -on pipe shall meet all manufacturing, and testing regUirements of AWWA C1.51. with Ptssli-nn or inechanic-A ;mints con(Ortnin-L to :ra. i i i+. AWWA Cl 11. The Pipe shall be cement-mortar lined in accordance with AWWA 0104 and shall have an inside and outside bituminous coating approximately I mil. thick. The pipe shall be class 50 as determined by AWWA C150. Fittings shall conform to AWWA CI 10. 4. PAYMENT A. Payment for furnishing and installing sewer mains will be on a lineal foot basis. The unit price shall coven• the cost of all materials, equipment and labor. fittings, dewatering, trenching, placing pipe, jointing. testing, backfilling, clean-up, grading, as-builts, and all other items necessary. SECTION 3A - REINFORCED CONCRETE 1. SCOPE A. The workcovered under this section shall include, but not be limited to, concrete manholes, inlets, catch basins, curb, curb and gutter, street repair, and sidewalks. It shall include all materials, equipment, labor, finishing, form work and curing. # 1 GENERAL A. The concrete shall be a workable plastic mix composed of poTtland cement, fine aggregate, coarse aggregate, air and water proportioned and mixed to provide the strength of concrete called for upon the Plans. The water -cement ratio shall be kept to the minimum necessary to achieve proper placing and finishing. Any item relative to concrete or reinforcing under this item that is not covered herein, shall be in accordance with the ACI 318-71 Building Code and the Design and Control of Concrete Mixtures by Portland Cement Association. B. Concrete mixing may be done in a portable mixer, a transit- mix truck, i or if less than five cubic feet, in a mortar box; provided all ingredients including water are accurately measured by weight or volume. I Measurement by the "shovel full" is specifically prohibited. No mixer t shall be loaded above its rated mixing capacity. 1 C. Transit mix trucks shall not wash out their trucks on itte site without 6 the specific permission of the Engineer and any waste concrete shall be removed to a public dump. 3. CEMENT k ° A. Cement shall be portiand cement conforming to ASTM C 150 types i, IA, i III and for 111A. Cement, if delivered to site, shall be in unbroken paper bugs plainly marked with the manufactures minae, the brand name, the i type of cement, and the weight of cement in the bag. All cement shall be properly protected against dampness. Bags containing caked cement I shall be rejected. Cement shall be used in the same order as received, that t is first in, first out, f 4. AGGRCGA'1 ES I A. Aggregates shall conform to the 1996 Florida Department of 'Transportation Specifications for Road and Bridge Construction, I Sinckpiling of ill f'.rf!arcs shall he done in xuch a manner as to prevent t- segregation or contarnination. 5. AIR ENTRAINMENT i . A. Air entrainment is required and shall be maintained between 3 and 6 percent considered as an optimum. Concrete showing more than 6 p percent may be rejected. t! • • 4D 6. ADMIXTURES A. Admixtures other than for air entrainment shall not be used without the specific written approval of the Engineer. T FORMS A. Forms shall be built to provide a neat and workmanlike finished job. The forms shall be mortar -tight and of sufficient Strength material to prevent any bulging or sagging from true line and grade and to withstand vibrating. Any form ties shall be removed to a depth of at least 1 1/2 inches, the holes reamed out large enough to be adequately patched and the hole filled with sand cement mortar. 8, PLACEMENT AND INSPECTION A. The Contractor shall give the Engineer sufficient advance notice of his intent to pour concrete to permit inspection of the forms, placement of reinforcing steel, and equipment for mixing, transporting and placing of the concrete. No concrete will be placed prior to completion of the form work and placing of the reinforcing to the Engineer's satisfaction. No concrete shall be placed unless an adequate vibrator and adequate provisions for curing are on hand. Concrete test cylinders will be made by the Engineer's representative at random and at any time there is doubt about the quality of the concrete. Failure of the concrete to come up to design strength will be cause for rejection and replacement of the structure. B. Every effort shall be made to obtain a water tight and durable concrete free from voids, rock pockets and the like. Should defects occur, they will be called to the Engineer's attention and repaired in accordance witty his directive or, if extensive replaced, C. Concrete finish on exposed surfaces shall be as designated by the Engineer. 4. REINFORCING A. All reinforcing steel shall be fabricated from new billet steel and :shall unless otherwise noted conform to ASTM designation A615, Grade 40. All bars shall be securely tied in place with soft iron wire, 16 gage or heavier. Unless otherwise noted all bars shall have 2 inches of conercle cover. All bends shall be in accordance with the A.C.I. Building Code. 10. CURING A. General: The concrete shall be continuously cured for a period of at least 7 days. Curing shall he commenced after finishing has been completed and its soon as the concrete has hardened sufficiently to penAl application of the caring material withom marring the surface. Any curing material removed or damaged during the 7 day period shall be replaced immedi.alely.After ftW117 tae rernovcJ, th< sucfaee, exposed 3A-2 i C_] C-1 shall be cured by placing a berm of moist earth against them or by arty of the methods described below, for the remainder of the 7 day curing period. 1) Wet Burlap Method: Burlap shall be placed over the entire exposed surface of the concrete with sufficient extension beyond each side to insure complete coverage. Adjacent strips shall be overlapped a minimum of six inches. The burlap shall be held securely in place such that it will be in continuous contact with the concrete at all times and no earth shall he permitter) between the burlap surfaces at laps or between the burlap and the concrete. The burlap shall be kept thoroughly wet throughout i the curing period. 2) Membrane Curing Method: Clear membrane curing compound or white -pigmented curing compound shall be applied by hand sprayer in a single -coal continuous film at a Uniform coverage of at least one gallon to each 200 square feel. Any cracks, Y checks or other defects appearing in the coating shall be recoated immediately. The curing compound shall he thoroughly agitated in the drum prior to application, and during application as necessary to prevent settlement of the pigment. 3) 'polyethylene Sheeting Method: Polyethylene sheeting shall he placed over the: entire exposed surface of the concrete, with sufficient extension beyond each side to insure complete coverage. Adjacent strips shall be overlapped a minimum of six inches. The sheeting shrill be held securely it) place such that it will be in continuous contact with the concrete as all tinges. IA.i 40 N0 N� Sl-'CTION 3B - SOIL POISONING 3 building areas. i The work specified in(his Section consists o[providing termite protection for the 2. MATERIALS: This shall include the application o[unapproved chemical umset forth in Section 815'3.8 of Section 815 of the Minimum Property 0ondnnb for One uodTwoLiving Units, Federal Housing Administration (November 1966). 3� Th, Contractor nhxU employ the norvicvx of competent pest control operator tnperform this service. 4. GUARANTEE: Upon completion o[the soil treatment and uoucondition for it's final acccptance, the Contractor shall ffirnish to the Owner renewable surety bond 8uuruotco for unconditional xomicc mpnirop to $5,000.00 for each occurrence. This guarantee shall be renewable for an additional |0years oo uyearly basis ut the option of the Owner. Surety bond shall bufor 5years with annual inspections. Report. o[these inspections shall husubmitted tnthe Owner. u� db 40 • t, SECTION 3C - FIBROUS CONCRETE REINFORCING PART I: GENERAL 1. Location of fibrous reinforcing shall be in exposed concrete columns, platform bears and topping pour of precast concrete stabs 2. Topping pour shall contain no additional wire mesh reinforcing; all other concrete word; shall be reinforced as shown on plans and required by specification. PART 2 MATERIAL 1. Manufacturer: Fibermesh Co., 4019 Industry Drive, Chattanooga, Tn. 37416 (615) 892-7243. 2. Product: 100 percent virgin polypropylene, fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1% (1.5 pounds). Fiber manufacturer must document evidence of 5 year satisfactory performance history, compliance with applicable building codes and ASTM C-1 l 16 Type Ill 4.1.3 and ASTM 0- 1116 Performance Level 1 outlined in Section 21 Note 17 of ASTM 0- 1116. 4D 4P SECTION 3D - CAST -IN-PLACE CONCRETE PART i -MATERIAL REQUIREMENTS: l . Cast -In -Place Concrete shall tneet the following requirements. A. PORTLAND CEMENT. American Standard Brand per ASTM C-159, Type 1. B. FINE AGGREGATE: Shall he sharp, clean passing a ##S sieve meeting ASTM C-33. C. COARSE AGGREGATE: ASTM C-33 gravel or crushed stone. Size graded from l" down. Size for column and beam pours shall be 112" and down, D. WATER: Shall be potable quality. E. STRENGTH: 3000 PSI at 213 days for columns and beams: 2500 PSI for foundations, slabs, and walks unless shown otherwise on the Drawings. PART 2 - FINISHES 1, Force coarse aggregate from surface, screed level and Moat, machine trowell 71 smooth finish. Add broom texture and edge finish. 2. PLACE concrete as near to final position as possible to avoid segregation from excessive handling. 3. MECHANICAL. vibrator shall be employed to work concrete around reinforcing steel, embedments and corners. 4. PARTIALLY hardened or retempered concrete shall not be used in any part of the project. Water shall not be added to_the design nuix without written approval of the Inspecting Engineer. Concrete so altered shall he removed and necessary repairs made to replace same at no additional expense to the Owner. 5. l3nncycombing or pl an ; of weakness apparent in the expozscd 4tmctviv %York shad be patched or removed and replaced at the discretion of the owner. Such repai s shall be made at no additional cost to the Owner. b. Continuous pipe screeds shall be employed by Contractor to ensure even and uniform slopes as shown on the Drawings. 7. Exposed concrete shall he hand rubbed tea u1111i0rm appearance, all voids Ilaxuc 1 • 4D • I' i PART 3 - TESTING 1. SLUMP & cylinder tests shall be made of all structural concrete in footings, beams, columns and floors. 1 ?, TESTING PROCEDURE { A. Standard G inch x 12 inch cylinders made of concrete for foundations Per ASTM C-143. Take from the sante hatch for each 50 cubic yards or t fraction thereof and at least four (4) cylinders from each day's pour. Cure 9 cylinders; one broken at 7 days; one at 14 days, one at 28 days, one held in reserve. B. Prepare and mark test cylinders and deliver them to an independent laboratory approved by the owner. Laboratory tests paid for by the Contractor. C." If final cylinder test is below specified minimum strength the owner may require core tests of hardened concrete in place to be made per ASTM C- 42. If this test shows strength to be below specification, concrete in question shall be removed and replaced without cost to the Owner. Other work damaged by such repair shall be replaced at no cost to the Owner. t Patching of test core sites shall be performed by the Contractor. D. Maximum slump shall be 5" ± l". 3. TIME: Concrete shall be placed within 90 minutes of adding cement and ! aggregate or within 45 minutes of adding water and achntxtatres. Maxanlatin time t between deliveries in a single pour shall be 30 minutes. Contractor shall keep and file consecutively all concrete delivery slips which shall have date and tittle of mixing, time of delivery and design inix type indicated. Copics of all delivery slips shall be provided by the Contractor on it monthly basis to the Owner. L- 4D c� 40 i SECTION 5A - STRUCTURAL METAL CONNECTIONS PART I - GENERAL Structural steel shall conform to the latest editions of AISC specifications for the design, fabrication and erection of structural steel. Material shall be type 316 stainless steel. 2. Welded or bolted connections which develop the full strength of the members will be permitted except where welded connections are specifically called for on the drawings. All field welds shall be repainted with two coats of rust inhibiting paint of the same brand and type as shop coat. 3. Furnish all anchors, clamps, bolts, screws, etc., required for the completion of the work. After fabrication and installation round rough edges and corners in accessible areas. 4. Connection bolts shall be 112" type 316 stainless steel unless otherwise noted on drawings. PART 2 - FINISHES I. Structural bolts, plates and connections shall be type 316 stainless steel. 5p, u r 1 SECTION 5B -PRE -FABRICATED CONNECTIONS I. Provide Simpson Simng-Tie hangers and hurricane clips as shown on the Drawings. � 2. FINISHES: Type 316 stainless steel. i 40 • 40 • SECTION 5C - MISCELLANEOUS METALS 1. GENERAL: The Contractor shall furnish all materials, labor, and equipment necessary for the installation of the miscellaneous metals. 2. INSPECTION. The Contractor shall examine all work in direct contact with or having an effect on his work. If any defects are found that would have an adverse effect on the erection of completion of the installation of his materials, the Contractor shall notify the owner in writing of the nature of the defects. If tate Contractor proceeds with hitt work without effecting such notification, it shall be construed as an acceptance by him of all preceding, work. 3. CONTRACTOR shall furnish and install, or furnish for other trades when required, all miscellaneous metal, steel, and metal fabrications including but not limited to, hangers, anchors, bolts, plates, supports, lintels, brackets, and other miscellaneous items necessary to frame or support the Work. 4� FINISHES: Structural bolts, plates and connections shall be type 316 stainless steel. 5. FIELD MEASUREMENTS: Take all measurement,, in field as required to verify or supplement those shown on the Drawings and assume responsibility for lit of structural members, other structural steel, and miscellaneous metals. 6. SHOP DRAWINGS: Provide four sets of shop drawings showing component sizes, connection details, and finished installation sizes for review and approval by the owner, signed as accepted by the Contractor. 7. HARDWARE a) Work Included: Furnish and install all finish hardware specific(] and obviously required to complete: the work its indicated on the drawings and specified herein. Provide all triut attachments, accessories and fastenings required for proper and complete installation. b) Items of hardware not specifically mentioned herein and necessary for tits completion of the work shown out the drawings shall be provided. Such items !;hall ha of type and quantity atitalllo for lite mquii .,d scrviccs ants comparable to and matching adjacent hardware. c) Submittals: i) Product Data: Submit complete manufacturer's specifications. catalog cuts, aft..', other data required to demonstrate compliance with specified requirements. ii) Hardware Schedule: Submit complete materials list of all ilen74 prollowd III be furnished and delivered under this section. Identify each hzadwarc item by manufacturer, the manufacturers catalog number and the location ref the item in the work. Make r list in form suitable for ready checking by tits• Architect, Approval of the hardware schedule by the Architect shall not relieve tits LIE i • t. contractor from the responsibility for furnishing all necessary and required finish hardware. t iii) Samplcs: When requested, deliver to the Architect samples of each finish hardware item. r ' iv) Templates: lir a timely manner to ensure orderly progress of the work, deliver templates or physical samples of the approved finish hardware items to pertinent manufacturers of interfacing items such as doors and frames. v) Certification: This Contractor shall certify in writing that he has inspected [lie installation and that materials under this section have been properly installed in accordance with manufacturer's instructions, drawings or templates, { d) Product Handlini~: i) Packing and Marketing: Individually ,package each unit of finish hardware, complete with proper fastenings and appurtenances, clearly [narked on the outside to indicate the contents and specific location in the work. I ii) Protection: Use all means necessary to protect materials of this section before, " during and after delivery to the job site and to protect the work and materials of all other trades. iii) Replacements: In the event of damage, immediately make all repairs and t replacements necessary to the approval of the Architect and at no additional cost to the owner. e) Guarantee: i) Guarantee that all materials furnished under this section will be tree from I defective and workmanship for a period of one (1) year from date of final t completion. It is the intent to obtain for the owner, it trouble free installation wbiclr will be serviced, adjusted, corrected or replaced by the hardware supplier at tory time required during the first year's use, regardless or 'improper t maintenance, but excluding damage or defects clearly the result of deliberate abuse and/or vandalism. Hardware which becomes defective durinc the I guarantee period will be repaired andlor replaced, together with all other work t damaged thereby, at no expense to the owner. 1_ I I L SEcT1oN 6A - AITC REFEREI+PCrS I, American htstitute of Timber Construction (RITC) References to Division Six are as follows:. RITC 105-65 Recommended Practice for the Erection of Structural Timber Framing AITC 106-65 Code of Standard Practice AITC 107.65 Guide Specifications for Structural Timber Construction AITC 108-65 Standard for Heavy 'Timber Construction AITC 109-65 Treating Standard for Structural Timber Framing 2. All work and materials in Division Six shall cotr►ply with the Southern Standard Building Code, and the Codes listed above. SEC'T'ION 6B - LUMBER I, GENERAL: Framing and finish lumber shall be marine duty pressure treated dense Southern Yellow fine, straight and true. Material shall be kiln dried to maximum 19% moisture content prior to preservative treatment. Preservative treatment shall be as specified by the American Wood Preservers Association. 2. MATERIALS: Factors and grades as follows, unless otherwise [toted On drawings: A. Unless otherwise noted all wood shall be hand selected #2 grade, f structurally sound southern yellow pine CCA pressure treated at 2.5#Ic.f. i retention rate per AWPA specifications. B. Roof decking shall be hand selected #2 grade, structurally Sound southern I yellow pine CCA pressure treated at .40#Ic.f. retention rate per AWPA specifications. r t! E-_3 40 4D SECTION GC - ROUGH CARPENTRY 1. GENERAL: Contractor shall furnish all labor, materials atxl equipment necessary for tate completion of Rough Carpentry work as shown on the Drawings and hereinafter specified. H. INSPECTION: The Contractor shall examine all work in direct contact with or having an affect on his work. If any defects are found that would have an adverse effect on the erection or completion of the installation or his materials, the Contractor shall notify the owner in writing of the nature of the defects. If the Contractor proceeds with his work without effecting such notification, it shall be construed as an acceptance by him of all preceding work. 3, hoof sheathing shall be .40 per of CCA retention pressure treated I x Us at 5' o.c., using butt joint spacing (solid cover). 4. THE CONTRACTOR SHALL supply and install all rough hardware including bolts, plates, nails, anchors, brackets, spikes, screws, clips, hangers, and other fasteners necessary for completion or the Work. Routh hardware shall be Type 316 stainless steel. 5. THE CONTRACTOR SHALL provide anchors, blocking etc. required by other Sections to he built in. Provide grounds and blocking for all Sections. 6. NAILS SHALL be ring shank, Stainless steel for all 'Work unless otherwise noted on the drawings. Subdrill where necessary. 7. REMOVE wood, including form lumber, scrap lumber, shavings, and sawdust in contact with ground. Leave no wood buried in fill or backfill. Do not burn any wood on job. Dispose of as required by the State of Florida, U. S. Agencies, and Indian River County S. PROTECT wood products delivered to the Site from wetting and moisture gain by storing on elevated sills and by covering with well secured waterproof covers. 9. FIT framing closely, set accurately to required lines and levels, and secure rigidly in place. Set horizontal and inclined members with crown edge up. Do not cul. notch, or bore structured tnetnbers without the owner's written approval. Bolt, orad and spike in a thorough manner. Framing unemhers shall provide fall contact aL all bearing surfaces. uw� CI 40 L7 P i SECTION 16A -ELECTRICAL I 1. GENERAL SPECIFICATIONS A. GENERAL: The requirements of the general, supplementary and special I' conditions of the contract specifications and drawings are hereby [Wade a l part of this section of the spccifications. I B. INTENT: It is the intent of the plans and specifications to provide a complete and operating installation 'including all obviously necessary items even though items sire not indicated on the drawings or 4 specifications. I C. PERMITS. SALES TAX, ETC.: The contractor shall secure and pay for l all permits, Slate Sales Tax, Federal Excise Tax, royalties and other taxes l or fees as required for installation of a complete system as outlined herein and as shown on the plans. The contractor shall secure all necessary l licenses and insurance. l D. CODES: The work shall comply with the latest applicable requirements I of the NFPA, the NEC, and all local codes governing this installation as a t minimum standard unless specifications listed herein or shown on the plans require a higher minimum standard. I E. BRANDS OF EQUIPMEN'I°: Where one manufacturer only is named, the bids shall be based on furnishing equipment or materials by this + manufacturer. Where two or more manufacturers are named, the bids shall a be based on furnishing equipment or materials by this nianuracturer named in the schedules or the first named manufacturer in specifications. Other t named :manufacturers may be used provided they nice( the specifications t and space limitations. Products of other Manufacturers will be considered for use if in the engineer's opinion, lite ilem requested for substitution is l equal to that specified. Where no manufacturers are named, the contractor Shall select equipment or material which meets the specifications. F. DEPARTURES FROM DRAWINGS: 'I7ac contract drawings indicate the extent and general arrangements of equipment and systems. If any departures from the conara,t drawings are deemed necessary by the ( contractor, details 01' such departures and reasons therefore shall be t submitted to the engineer for approval. No such departures shall be matte without the prior written approval of the engincer. a { . CHANGES: The contractor shall conform to all reasonable changes without additional cost to the owner. V a 10A - I C-1 4W 40 40 H. ERRORS AND OMISSIONS: All obvious errors and/or omissions in the above mentioned documents shall be called to the attention of the engineer at least four days prior to the bid date. If notification is not received, no extras to the original drawings and specifications will be authorized. GUARANTEE: The contractor shall provide a guarantee against defective workmanship, materials or equipment for a period of one year from the date of acceptance. This guarantee shall include all costs encountered in the replacing of defective work or materials. In the event the contractor fails to take action to correct any such defect within 24 hours after receipt of written notice, the work of correcting such defect may be accomplished by the owner and the contractor shall be liable for the coast of this work. The contractor shall convey to the owner any additional guarantees or warrantees provided by the manufacturer of atn individual item of equipment or material. 2. RACEWAY A. EMT may be used for all branch circuit wiring in areas above grade and within the building. All EMT shall be galvanized. All EMT fittings shall be steel compression type. B. PVC, schedule 40, may be used for all branch circuit wiring below grade.. C. GRC shall be used for wiring when transitioning from below grade to above grade and subject to physical damage. WIRE AND CABLE A. Conductors shall be copper. Insulation shall be type THHN/Tf-IWN for sizes No. 12 to 8 AWG. For conductors No. 6 and larger, insulation shall be type TFIW. Minimum size wire No. 12. Conductors No. l0 and larger are to be stranded. 'Branch conduit outlets shall be connected as indicated. B. COLOR CODES: Conductors shall be color coded throughout. Same �qor shall eta usid for branch circtsit rrisiaig, of a given phase. Conductor No. 6 AWG and larger may be Black, but shall be identified with colored tape in junction boxes, pull boxes, panels, atld service equipment. (a) 120/208V - Shall be Black, Red, or Blue with White for neutral. (b) Continuity of neutrals of ntull'a-wire branch circuits shall sten be made on terminals of any device. This will assure no opening of neutral in replacement of device. P1% I f 4. 5. G. C. SPLICES: (a) #10 and below - Scotchlok or equal (b) #8 and larger - Hi Press or mechanical connector (c) Epoxy splices shall be used for all below grade splices. BOXES A. OU'T'LET BOXES shall be one-piece or projection welded galvanized stamped steel for gang sizes required. Sectional boxes will not be acceptable. Boxes larger than standard shall be provided in accordance with national Electrical Code where necessary to prevent crowding of wires. WIRING DEVICES A. MOUNTING HEIGHTS: (a) Receptacles at 18" or as noted (b) Telephone outlets at 18" or as noted B. RECEPTACLES: Wall receptacles shall be intermediate grade, duplex S- wire grounding type. Devices shall be rated at 15A1125V. Receptacles and switches shall be back and side -wired with screw terminals. C. Power Outlets: Type and sire as noted. DISCONNECT SWITCHES A. FUSIBLE disconnect switches shall be furnished with enclosures as required by exposures either NEMA I or 3R and shall he horsepower rated, general duty with fuses as noted. B. NUN -FUSIBLE: disconnect switches shall be provided for all motors located out of siv-In of motor controller and where indicated on the drawings. Disconnect switches shall disconnect all ungrounded conductors. C. FUSES to be furnished for fusible equipment. Motor ruses shall be Bus Fusetrons rated between 125 and 150 percent or motor name plate rating. Io A,- t 40 7. PANELBOARD, LOADCENTER A. Panelboard and loadcenters shall be as noted on plans with cover and typewritten directory inside of cover. Panelboards shall be the product of ITE, Square D or Cutler Hammer. B. Panel Bus shall be copper. 8. LIGHTING 'FIXTURES A. Provide lighting fixtures as indicated on the schedule. 9. IDENTIFICATION A. Tag all conductors and identify major conduits in or at wireways, panels, pullboxes, switchboards, cabinets and similar items to assist itt future circuit tracing. Conductor tags shall be nonconductive. B. Identify all circuits and equipment to correspond with the plans and specifications. C. All switchgear will be labeled with engraved ,phenolic nameplates. D. All unction boxes shall have type of system and voltage of contained conductors stenciled on inside of box cover. TABLE OF CONTENTS OF APPENDIX Geotechnical Report Permits- IRC Lend Clearing -98080107.003 IRC Tree Removal - 98080107.004 IRCDUS NCDS/CCS-730 SJRWMD-MSSW-M40-061-0179G-ERP FDEP - 0150823 FDEP- WD31-0039206-077 I FDOT - 99H490-0078 ACOE - 199900938 (IP -IS) i t. ' FRASER ENGINEERING AND TESTING, INC. 3.503I\T)i .' Mr kL 33RD STREET • FT. PIERCE. FLORIDA 349" Y TELEPHOiE (-All 461-724S • FA.0 i; h "]-&M November 2, 199& I Carter Associates, Inc Attention: Pat Wahber, P.E. 1708 21" St. Vero Beach, Florida 32960 Re: Wabasso Causeway Park Improvements C.R. 510, iandarr River County, Florida 7 Gentleman: The following is out report ofthe subs utice soils inveA4*ion performed for the above refererrced pmjat The report pmts our understanding of the project, the results of our field and laboratory testing program, our mmlysis of the subsurface conditions and our recvmmeMations. i 1 PROJECT DESCRIP'F'IQ 9 The project consists of ¢mprovemetrts to the existing Wabasso Causeway Park on CA 510. The park consists of two approximately 900 feet long sections of the causeway. These areas are located immediately east and west of the low bridge to the west of the high bridge spanning the intercostal I waterway. 1 t The unpaved areas mrth and sDtdh ofCR. 5I0 cone by used for parking will be graded to faciEtate additional parking, and drainage improvements will be made. There will be a resueom building in the east park. The rearoom will have dimensions of approximately 25' by lR and will be an elevated concrete stucture supported on concrete cohnnns on a grid foundation supported by a pr"img foundation. A total of sereuteen (17) I ked Auger Wrings (HAs), nitre in the east perk ami eight in the writ paid`, were ttd= it the unpaved pt bing areas. A bared auger boring was also taken in ffic east puk where "turf Mocks" ane to be ksWW in the approach to tbo e)mg boat rat>ap. Dnz!apge mea in %e f am# Throe hand auger borings woe taken along the south alge of the wren park wlrerr draneage improvemctas wo to be nttrde. Laboratory permeability tests wexe perfixuwd on sekxW sus I_ 40 4D M Carter Associates, inc. Wabasso Causeway Park Improvements November a. 1998 tFom the borings and the results are enclosed. Two (2) Cone Perxtnometer Soundings f CP3'Sf and a Standard Penetration 'lest Boring (SP i J were taken in the ares of the proposed elevates# restroom. Tire approxirt> c kKations of the HAs and cpTs, and SPT are noted on the layout drawings. i3epth, as recorded on the boring logs, represents the depth below existing grade at the tirnc the borings were taken. Cone Pewtrometer'fests are performed in accordance with ASTM D-3441-79, "Deep Quasi-Stafic, Cone and Friction -Cone Penetration Tests of Sorel". StaMdani Peaet-"n Test bormp are perft?imcd m accordance with ASTM D-1586-84 "pewuatwn Test and Splk_Battel'Sampbg ofSons". The materials encountemd and penetration resisLancxs are as noted on the individual boring logs - SUBS CC1N�lsiC)biS, Cp[VCLUSIOIYS ANA RECOM!4iENAATI(aNS At all of the band anger kat tions in the west park, the soil.-. in the upper three feet consist of sand with shell fragments and/or pieces of rta& The existing surface appears to be stable with mWn3 tl rutting from rain water runoff: Based on the thickness and consistency of the sots, as well as the stable condition of the existing wrface, we do not anticipate the need for additional stabilizing material even if grade changes arc nide. At hand auger locations HA2, 3, 4, 8 and 9 in the east park, the soils in the upper three fact consist of sand with shell frttgmecross and/or pieces of rock and are similar to the soils encountered in west park. At ]rand auger kxxtions MAI, 5, 6, and 7 the soils in the upper one: foot consist of sand cou ajag only slight ataroUM of shell fragments, Below one foot, at these locations, sand with shell fiegme nes arrylor pieces of tock were enonuntetnd to a depth of 3 feet. The existing surface airs to be stable, ev= in the area noted above where there is less shell and rock in the upper on: hoot. Ahbough the areas ate currently stable, grading activities will loosen the sods. We reoDwamd dditiorxttl ria 1x lPx rw a: ate kul in q�tx: urf &A rk�tttRMIg as :bat ! shell arttllor tv[k, car it 1�3 be pos*le to peritnm the gtmft in It that would bring the soils below one foot to the Sri= if "Awmg materia! heeds to be itrrported, a swWsbell mixture wauid most nearby match the Vdst soils and would a1w allow for good percolation. The aeras t OC&g stab&kq efforts slrotiW be dewmined by visnal elation, laboratory tests, or a comlahWlroa of the two. [fa sAebing trAcria is dewire, we recorvo end a i,uncrock Bcxir�* R" (LZR) of 60 io ir,e appet' one fr+ot. Ain+ sxast no gm—m anti associated root systenxs should be removed or puty riw d sato the upper 12 %itches prior to grading. lite fans W mm fwc and any dmper kmc:ned so$a should be From Fngboer g and TcAin& lne. CA U- l 4M Carter Associates. Inc. t Wabusso Causeway Park Improvements November 2. 1998 +' compacted to a minimum of 98% density per ASTM D-1357. Regarding the "turf blocks" to be placed in the approach area to the boat ramp, the existing soils appear to be stable and relatively well draining. 'lite soils ht the upper two feet do contain slight arnounts of sift and do not drain as rapidly as ttte soils below two feet. if rapid drainage is desired, tate upper two feet of soil could be removed and replaeed with a well draining sand/shell mixture. L$N epee_in tar irk Harxi auger borings HAI S, 19, and 20 mwe taken along the south edge of tate west pant between the top and toe of the bank. The laboratory perntesbdiry tests performed on samples from the borings f indicate the soils have permxnb lity rates con Kkjaily lower than typical dredge sand or coarse, ssk,�-,l1y sands. if rapid percolation is desired in this arra, the upper few fed of soil could be rcplaaed with dredge sand or coarse sheliy sand. We recorrmoend material with less than 2% jassirrg tloc No. 200 sieve and a permeability rate of greater than 50 ftJdaty. ii , .... !041 The CPTs and the SFT indicate dense soils below a depth of 10 fact While a wide variety of piles may be considered for this project, we believe that perfortrta we, cost, and ease of construction favors use of cast -in-place (auger -east) piles. Using 12 or 14 -inch diameter auger -cast pilings extending to a depth of 15 feet below the current grade, a design capacity of 30 toes may be used. The allowable pile capacity may be increased by 25 percent for the total loads, including those due to wind forces_ Pines reinforced fttII length will be capable of safely a mpting an uplift loud of 8 tis. An inspector knowledgeable in augered piling installation should be present during the piling iwallation phase ofthe project to enstue that proper penetration depth and other installation criteria have been achieved. �i.salletisrs.�.rr'rerg Pile design and i>astallation shall be in accordance with the applicable sections of the Stan�.i_d Building Code ,and otber Wheat& fede,•fal, state and lural requirements. Inafar t -s 'r�, pkv 3Sh sui l-, w"ta'•''d is WWI tine fulluwi g: I t l . b - Piles 4staalled in groups should be spaced at a center -to -center distance of not less than 3 pile diarnetem 2. Wit! - The center' of the top of ariy pile at ctrl -off should be disp6ccd Wrnaliy no UWM Heart I inch from the position shown on the plans. This Wtics to both single- ptics and I p3cs hsstalkd in scot ;ns 3 Frws a FrgiwT�* and Tcstin& Inc. t_ 40 C� 4D Carter Associates, hx. Wabasso Causeway Park Improvements November 2. 1998 3. V l & m -The vertical alignment of the pima should not deviate from the plumb by more than 114 inch per foot of length. 4. Rcin£orcing CARC oma` inn - The top of the reinforcing rages installed in the piling should not be more titan 6 inches above and no more than 3 mcies below the positions shown in the planm lire reinforcing cages should be positi� con==* within the grouted pile shaft. The grout cover over longitudinal reir&rciaft bars sinalf not be less than 3 inches. 5. Adjacent PilesPiles - A r mnnum time period of 12 hours should be specified for the installation of piles located within 5 diameters, oeaterao-corers. of each other. 6. Qruul Fetor -'rhe mu®rum acceptabie grout lienor (Le- actim grout vokmne divided by t1mretical grout volume) should be 1.10. r This report has been prepared in acroml ce with gamsadly noceped foumation engineering practices. The recoranx--dations presented herein are based ou the data obtained from the soil borings previously described.. No other warranty. expressed or ivied, is made. We do not guarantee project performance in any respect., only that our work meets norms d standards of professional care. This report may not account for all possMe variations that may exist between conditions observed in the borings and conditions at locations tha were not explored. The nature and extent of any such variations may not bwome evident mtrl further explorations are made or consteuction is underway. if variations we then observed, we recon that Fraser ming and Testing, Inc- be requested to kgxx t the actual site condlitimn and, if any, re-evaluate the recommendations of this report. It has been our pleasure to assist you in this phase of your project- We trust this provides you with the ir&rmations heeded for this phase of the project If you hire am questions about this report or creed any additional informatiron, please call at your convenience. AHF:da client 2 1 - n Aleta6im EL Frain P.E Fkwida RqOsbadon No. 16178 Fate Engirmw ng aped Taviw,, inr • 4D 40 40 a L l � n r 1 3 -L is IL lot ji •} a V s;, R 4 4 10, Ell 40 m kIN q 1. JL I N I kIN q 1. JL r FRASER ENGINEERING AND TESTING, INC. 3,%4 1%-Dt'SM-4L 33 RI) STREET • FT. P1 ERM FLMDit, IMM • TELEPtt.0\...E 4561) "1.7563 a FAX tS60 "I -UN REPORT OF LABORATORY PERMEABILITY TEST (Falling Head Test) Client: Carter AsSaciates. Inc Site: Wabaaso Caueway Park Improw menta FET test no. D-98201 Date Sampled: 4115/98 Sample Location and Dry Unit Weight of Coefieient of Permeability Description Teat Sample (PM (Feet Per Day) HA -18.0' - 1' Below land surfiac (BLS) Sand, fight brown, with a trace of sat 87.4 3.6 Ft./Day and she11fragments RA. 18, V- Y BLS Sand, med.gray, with a trace of silt 90.1 3.0 FtJDay and sleep fiagnm" HA -18, 3- - 4- BLS Sand, fight gray, with a trace of 8:.1 10.1 Ft./Day shc11 fits HA-19,2--4-BLS Sand, light gray, with a ham of 97-5 4.6 FtJDay sbell fragm=ls HA -20, 0' - PUS Sand, b& brown, and sbell fiagments 924 72.4 FtJUay HA -20, V- 4" BLS Sand, light gray, with a trace of 96.4 9.8 FtA)ay Shen knonews i■r�+r�■r�i�rr■ r�r��rer��r�rrr■ • 40 FRASER ENGINEERING AND TESTING, INC. 3540 INDUSTRIAL 33RD STREET Fr. PMM FLOMA 3490 DEPTH (tt.) (1) (2) DESCRIPTION 0 Sand, medium gray, fine with some shell fragments 2 4 — 6 4 18 10 d 12 7 14 38 16 18 ME Sand, light gray, fine with some scams of silt 8.5 Sand, medium gray, hue with 10.5 shell fragments Sand, light gray fine with shell fragments & seams of fragmented rack 14.0 Sand, light gray fine with traces shell fragments 20 76 21.0 22 24 Boring Terminated at 21.0' Water Tabic at 2.5' r 26 (1) PENETRATION -- BLOWS PER FOOT BORING NO: _ SPT -1 (2) DESIGNATIONS —WATER TABLE — DATE DRILLED: 11/3/48 CLIENT: JOB NO: D-98201 Carter Aswaiaus, [M. 51iE: Wabass+o Catlsawa prppcur� Rastraosn bldg. i 4 r FRASER ENGINEERING AND TESTING, INC. 150e 1\Ul STR1.LL 33RD SiREE—t FT P[ERCE FLOFUDA 34946 DEPTH (ft,) 0 1 (1) (2) DESCRIPTION Sand, light brown, fine, slightly Silty with a trace of shell fragments 1.0 Sand, light brown, fine with shell fragments & pieces of rock 2 3 3.0 4 5 6 Boring Terminated at 3.0' Water Table below 3.0' 7 8 9 1fl (1) DESIGNATIONS — WATM TABLE g BORING NO: s HA -1 Earl Park DATE DRILLED. 9115/98 JOB No.. D-98201 CMW lltogciOw loc. 3I'IL: Edam Canon M trm_ to CI i Gil i FRASER ENGINEERING AND TESTING, INC. 3%4 M)USTR]AL 33RD STUXT FT. KERCE. FLORIDA 33946 (1) DESIGNATIONS -- WATERTABIE'v' BORINGNO- MN -2 East Park BATE DRUIJED. 9115M joB No. - D -98201 C'1_IF:I`TI : Cagle Ate, Wc. SrM: aydMM Ca M= bd _ • s 40 FRASER. ENGINEERING AND TESTING, INC. 35D7 INAL'-STRLAL 33RD STREET FT. P[ERCE. FLORMA 34946 [ DEPTH (ft.) (1) (2) DESCRIPTION 0 1 Sand, Iigbt brown, fine with sbe11 fragments & pieces of rock 2 3 3.4 4 5 6 Boring Terminated at 3.0' Water Table below 3.0' 7 9 10 I (1) DEBSIGNA-11ONS -- WA -MR TABLE -'E' BORING NO: HA -3 East Park DA'L'E DRILLED: 9115198 IDt; NO: D-98201 �""�_ t:rtE�AJalodtlC�, EDC.-��+ �]�,: Wr�naCau�ewav P�u'k [Imontarra�mta 4D FRASER ENGINEERING AND TESTING, INC. 3504 1 NDUS TRLAL 33RD S TREEr Fr MERCE.FLOFUDA P" DEPTH (ft.) (1) 1(2) DESCRIMON 0 Sand, light brown, fine, with a trace of sbell fragments 1.0 Saud, fight brown, fine & shell ftagummm 2 3 4 4.0 5 6 Boring Terminated at 4.0' Water Table below 4.0' 7 8 10 BORING NO- M4 E29 Pzk M DESIGNAT10- NS ---WATER TABLE -- DATE DIaLIM, JOB NO: 7A 5=-F t 40 !b 40 [' c :1 FRASER ENGINEERING AND TESTING, INC. 3%4 INDUSTRM 33RD STRM FT P"CE, pl_ORWA 34944 DEPTH (ft.) (1) (2) DESCRIPTION D Sand, medium brawn, fine, slightly silty with some shell fragments 3.D 1 Sand, light brown, fine & shell fragments 2 3 4 5 b 7 8 10 4.0 Baring Terminated at 4.0' Watu Table below 4,0' (1) DESIGNATIONS —WATER TABLE'v BORING NO: KA -5 East Paris DATE D1D: 9115198 JOB NO: D-98201 cwtprAmdumlx SITIE: wmWmQMMvPfticlme CI i 4b 0 FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33RD STREET Fr PIERCE. FLORIDA 34946 DEPTH (ft,) (1) (2) DESCRIPTION 0 Sand, medium brown, fine, slightly silty with some shell fragments 1 1 _S Sandi, medium brown, fine, slightly silty, slightly 2 2.0 clayey Sand, light brown, fine & shell fragments 3 4 4.0 - - 5 6 Boring Terminated at 4.0' Water Table below 4.0' 7 8 9 10 (1) DESIGNATIONS -- WATER TABLE---- B4.1MO NO: � 1.1z_N f: ri+ *. inc srm - HA -6 Base Park DATE D ": 9/15/98 IOB NO: D-98201 4M 4 4W t. M r FPASER ENGINEERING AND TESTING, INC. 3567 MDUSTRPAL 33RD STREET Fr P[€1tCE. FLOPMA 34945 r, DEPTH (fl..) (1) (2) DESCRIPTION 0 Sand, medium brown, fine, slightly silty with a trace of shell fragments ' 1.0 1 h Sand, Light brown, fine with shell fragments i 2 r r 0 3 I i r 4 4 C 5 I a I 6 Boring Terminated at 3.0' Water Table below 3.0' 7 i. g I h. 9 10 i i (1) DESIG14AUONS -- WA'i' TABLE ' BORING NO: M-7 FASt PWk DATE DRUM: 9/15M JOB NO. 1D-982.01 L 40 • 40 FRASER ENGINEERING AND TESTING, INC. 3:04 ENDUSTRI tL 33RD STREET FT. PEACE. FLORMA 34946 DEPTH (It.) (1) (2) DESCRIPTION U Sand, light brown, fine with shell fragments 0.5 1 Sand, light gray, fine with shell fragments 2 3 3.0 3.5 Sand, light gray, fine with a trace of shell fragments 4 5 6 Boring Terminated at 3.5' Water Table at 1.51 7 8 9 10 (1) DESIGNATIONS —WATER TABLE 'w BORM NO: HA -8 -fit Park DATE DRILLED: 9/15198 JOB N4: D-98201 u FRASER ENGINEERING AND TESTING, INC. 3Sb4I.ML'SM.kL 33RD STREET FT. PIERCE, FLORIDA 34946 DEPTH (ft.) (1) 1 (2) DESCRIPTION p Sand, light brown, fine with a trace M of shelf fragments I Sand, fight brown, fine with shell fragments 2 2.0 Sand, fight gray, fine with shelf fragments 3 3.0 4 5 6 Boring Terminated at 3.0' Wates Table at 2.0" 7 8 9 .0 d (1) DESLGNAT1ONS - WATER TABM- BORING NO: 'HA -9 East Pvt DA'L'E DRILLED: Wl 5198 10B NO. D-98201 NT: , C_ ntor •_i IF ��vrea - 40 C> i C-1 FRASER ENGINEERING AND T'EST'ING, INC. 3-%4 DMU57RM 33PD S'iiCEET FT FIERCE. Ft UUDA 34446 DEPTH (ft.) (1) (2) DESCRIP11ON 0 Sand, light brown, fine & shell fragments 1 with pieces of rock 2 3 3.0 4 5 6 Boring Terminated at 3.0' Water Table Below 3.0' 7 8 9 10 � I (1) DPSIGNATI4]NS — WATER TABLE BORING NO: HA -10 West Park DATE DRU,1..ED: 9/15198 JOB NO: D-98201 -- Carer AmmdAtm Loc _SITE: WML fAar pelt imov a.�a i e 0 ERASER ENGiNEERiNG AND TESTING, INC. 3504 INDUSTRIAL 33RD S IREEr Fr PIERCE. FLORMA 34946 DEPTH (ft.) (1) (2) DESCRIPTION 0 Sand, light brown, fine & shell fragments 1 with pieces of rock 2 3.0 4 5 6 Boring Terminated at 3.0' Water Table Below 3.0' 7 8 9 10 (1) DESIGNATIONS —WATER TABLE `= BORING NO: HA -11 West Fade DAUE E L)B O _r ED: 9i15i% JOB NO: D -9820i LEM: Caw Awd som Inc. SITE: WdMMQMMtt.hi[ Ymxinrr�e�s dM i 40 4* ERASER ENGINEERING AND TESTING, INC. 3504 L%-DL'STkLtL 33RD STREET FT F[ERRCE. FLARIDA 34+G DEPTH (it.) (9) (2) DESCRIPTION 0 Sand, light brown, fine with shell fr mems 1 & some pieces of rock 2 3 3.0 4 5 6 Boring Terminated at 3.0' Water Table Below 3.0' 7 8 9 10 a I (1) 'DESIGNATIONS o WATERTABL.E BORING NO: FIA -12 Wcu ftdk DAT -6 DR I Err 9/15ft JOB NO: Caner Awaciatsa„ b c. S rM: _ i�-9qwi I 1 I 1 I I G 1 I F'RASER ENGINEERING AND TESTING, INC. 350+4 NTDUSTRM 33RD STREET FT. PLERCE- FI&PMA 34446 DEPTH (ft.) (1) (2) DESCRIPTION 0 Sand, light brown, fine with shell fragments & some pieces of rock 1 2 3 3.0 4 5 6 Boring Terminated at 3.0' Water Table Below 3.0' 7 8 9 10 (1) DESIGNATIONS — WA'1F�t TABLE BORING NO: HA -13 West Pettit DATE DRILLED. 9/15M JOB NO: D-98201 CarlenAnodow'ar. qnm- Wabu cnewputl _ 40 • E�] i ERASER ENGINEERING AND TESTING, INC. 3504 NDUSTRIAL 33RD STRMI FT PIERCE. FLOPMA 34946 DEPTH (ft.) (7) (2) DESCRIPTION 0 Sated, light brawn, Fine with some shell fragments 1 1.0 Sand, light brown, Fine with shell fragments 2 3.0 4 5 6 Baring Terminated at 3.0' Wates Table Below 3.0' 7 8 9 10 (1) DESIGNATIONS — WATER TABLE mr BORING 110: HA -14 West Pads DATE DRIL.LEID: 9115498 JOB NO: D-98201 _„ C� At�odaadr, Inc. Siam: w Casuewar hart I�.�,rr�ees rA FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33RD STREET FT. PIERCE. FLORIDA DEPTH (it.) (1) (2) DESCRIPTION 0 Sand, medium brown, five with some shell fragments 4.S Sand, light broom, fine with shed fragments l 2 - 2.5 3 — 4 5 6 Boring Terminated at 2.5' Water Table Below 2-5' 7 8 9 10 (1) UESIc:.NA710ENS, .,, WATER TAB LE; BORING' NO: RA --15 West Park JOB NO: D-98201 'f.il'N'I'. rnrr +�cr.•s'a';er.. tac. _ SlT1~- 40 E�] • 40 FRASER ENGINEERING AND TESTING, INC. 3304 I`DUSM&L 33RD STREET Fr PIERCE. FLORMA 34945 DEPTH (ft.) (1) (2) DESCRIPTION 0 Sand, medium brown, fine with some shell fragments 0.5 i Sand, Light brown, fine with shell fragments 2 & some pieces of rack 3 3.0 d 5 b Boring Terminated at 3.0' Water Table Below 3.0` 7 8 9 10 (1) DFSIGNATiC)NS —WATER TABLE gORENG NO: HA -16 West DATE DRn -t ED: 9115198 JOB NO: D=982DI Yso CMUM Pwk I arm�rm 0 FRASER ENGINEERING ANIS TESTING, INC. 350s I MUS'1RIAL ]3RD srRFET FT. PIERCE. FLORIDA DEPTH (ft.) (1) (2) DESCRIPTION Q Sand, medium brawn, fine with some sbcll fragments 0.5 l Sand, light brown, fine with shell fragments 2 2.5 3 4 5 6 Boring Terminated at 2.5' Water Table Below 2.5' 7 8 9 10 (1) DESIGNATIONS WATER TABLE BORING NO: HA -17 West DATE DRILY J - 4115M JOB NO: D-99201 LERM Caw Amdas,Tar- Sr; Wdb C the hVXM = _ FRASER ENGINEERING ANIS TESnNG, INC. 3304 INDUSTRIAL 33RD STREET fir. PIERM FLORIDA 34946 DEPTH (fit,) (1) 1 (2) DESCRIPTION 0 Sand, light brown, fine with a trace of _ silt & shell fragments 1 — 11.0 I Sand, medium gray, fine with a trace of _I silt & shell fragments 2 —� 3.0 3 Sand, light gray, fine with a trace of shell fragments 4 4.0 5 b e� 7 —I 9 -i 10 �l 4 I Boring Teriminawl at 4.0' Water Table al 1.8' ( 1) L7B.tiIGNA'i'IONS —WATER TABLE BORING NO: l!A-18 West Park DATE DSD: 9115/98 ]QB Na: D-98201 L M ERASER ENGINEERING AND TESTING, INC. 35N DMS7R1AL 33RD STMT FT. PMC . FLORIDA 34416 DEPTH (ft.) (1) ? (2) DESCRIPTION 0 s Sand, light brown. fine with shell fragments Z — i Sand, light gray. fine with a trace of shell fragments 4.0 4 —a 5 — 5 7 J - - 9 10 Boring Terminated at 4.0' Water Table at 2.0' _ (1) DESIGNATIONS — WATER TABLE—BORING NO: RA -19 West-Park— DATE est_Park--DATE DRELLED: 9/15198 JOB NO: D-48201 f: Cerner Aued&M , toe. SrM W*M=CMMW8YPXtt& • 40 40 40 FRASER ENGINEERING AND TESTING, INC. 3504 MUSTRM 33RD STMET Fr. nMM FLOMA 34446 DEPTH (ft.) (1) (2) 0 2.0 3 4.0 4 5 6 8 9 10 1 DESCRIPTION Sand, light brown, fine with a trace of silt & some shell fragments Sand, light gray, fine with a trace of shell fragments Boring Terminated at 4.0' Water Table at 1.5' (1) VESIaNATIONS —WATER TABLE --- BORING NO: HA -21 East Park DATE I)RH-LED, 9115/98 JOB NO. D-98701 Cart- MACCiUM I=. _ SrrL- wamw cauftway Put lsffqm� C-1 CA 40 ■r f =AN RIVER COUNTY LAND CLEARING PERMIT Environmental Planning Section ==4: 25th Street, Vero Beach, FL 32960 561/567-8000, Ext. 237 APPLICAh:: CAR':'ER ASS=+Ivy=rS =NC 1708 21S: VERO BEACE. - 32960 PERMIT N7_'%BERn: 98080107*003 PROJECT %Alk(E: WA13ASSO CAUSEWAY PARK IMPROVEM PROJECT wESC= =2ti: RECREATION, PICNIC, FISHING PROPER -_Y OW*iY '3 NAME; INDIAN RIVER COUNTY, PURL LOCATION C_ A, -=QTY: Parcel Nuzk:er: 27-31-39-00000-3000-00001.0 Property A. -ress: 3105 WARASSO BRIDGE RD THIS LANA CL.Er 1NG PERMIT is issued in accordance with Chapter 927 of the Indian Rive; County Land Development Code. The above named appli- cant is hereb-c a,taorized to perform the herein described activity in accordance w_nh the specifications stated herein and provided for in Chp. 927. `=s permit does not absolve the applicant and/or pro- perty owner fpm the responsibility to satisfy state or federal regu lations that gray apply to the activity. GENERAL SPECIE:OC.I©N5: 1. The applica:t and/or the person to perform the land clearing shad arra _e a field meeting with county environmental planning staff to review the proposed activity prior to clearing commencema=z, .:nless specifically notified that a field conference _s ^ot necessary. A copy of the permit shall be kept on-site duzrinq the land clearing activity. 2. The applicant shall notify county environmental planning staff upon completions of the activity, who shall inspect the property to confirm ct-liance with applicable county regulations. 3. Debris resulting from the land clearing activity shall be disposed of at an arcrcred disposal facility within 60 days of clearing completion, or burned with an air curtain _ncinerator burn rrmit from the Canty 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 i pre-developme= storm water run-off discharge rate not be exceeded after the clearing operation is completed. This may require construction of temporary detention ponds or 'berno, and i talla- 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 raters. All drainage and erosion control measures required or: the approved project site plan, as applicable, are in effect for this permit. INDIAN RIVER COUNTY LAND CLEARING PERMIT Environmental Planning Section 1840 2Sth Street, Vero Beach, FL 32960 561/567-8000, Ext. 237 WAHASSO CAUSEWAY PARK IMPROVEM 98080107*003 Page 2 S. 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 lased clearer has required licensing. SPECIFIC CONDITIONS (AS APPLICABLE); REVIEWING DEPARTMENT: PLANNING: ENVIRONMENTAL 1. This permit authorizes land clearing in conjunction with the approved site. plan. 2. The Australian pine trees (Casuarina spp.) shall be gradually replaced with non -exotic trees over a ten year period, as noted and depicted on the approved plans. 3, This permit does not authorize any earthmoving/ excavation or filling. These activities may not commence until a County stormwater management permit has been issued. DATE OF PERMIT ISSUANCE: 07/19/99 DATE OF PERMIT EXPIRATION: 7 fI100 (or expiration concurrent with approved site plan/L.D.P., as applicable) Current Develop. Staff (site plan/plat related permits only) lclr.letter SIGNATURE OF AUTHOR I 7.A,T I ON : En ronmental Planner Indian Raver Co my INDIAN RIVER COUNTY TREE REMOVAL PERMIT i Environmental Planning Section 1840 25th Street, Vero Beach, FL 32960 (561)567-8000, ex. 249 APPLICANT: CARTER ASSOCIATES --NC 1708 21ST ST VERO BEACH, FL 32960 PERMIT NUMBER: 98080107*004 PROJECT NAME: WABASSO CAUSEWAY PARK IMPROVEM PROJECT DESCRIPTION: RECREATION, PICNIC, FISHING PROPERTY OWNER'S NAME: INDIAN RIVER COUNTY, PURL LOCATION OF ACTIVITY: Parcel Number: 27-31-39-00000-3000-00001.0 Property Address: 3105 WABASSO BRIDGE RD 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 perforin 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: 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 planni-Ig staff upon completion of the activity, who shall inspect the property to confirm compliance with applicable county regulat'.ons. Page I of 2 4D • r 40 INDIAN RIVER COUNTY TREE REMO'V'AL PERMIT Environmental Planning Section 1840 25th Street, hero Beach, FL 32960 (561)567-8000, ex. 249 WABASSO CAUSEWAY PARK IMPROVEM 98080107.064 Page 2 of 2 SPECIFIC CONDITIONS (AS APPLICABLE): REVIEWING DEPARTMENT: PLANNING: ENVIRONMENTAL 1. 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. Tree wells are required if placement of fill threatens the viability of a protected tree being preserved on site. (927.12) 2. This permit authorizes the removal of protected trees, as depicted on the site plan. 3. The Australian pine trees (Casuarina spp.) shall be gradually replaced with non -exotic trees over a ten year period, as noted and depicted on the approved plans. DATE OF PERMIT ISSUANCE: 07/19/99 DATE OF PERMIT EXPIRATION: %1+S'rva (or expiration concurrent with the approved site plan/L.D.P., as applicable) SIGNATURE OFF AUTHORIZATION: Environmental. Planner Indian River County tree.letter C-] • 4P I Telephone: (561) 770-5300 BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES 1840 251h Street, Vero Beach, Florida 32960 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES � UTILI'T'Y C©NSTRUCTION PERMIT e Permit Issuance Date, <December 21,1999> Permit No.: <CDS(CCS - 730> Project fume: <Wabasso Causewa ^ Parkes I Owner/Developer: 4ndian River County, Department of Public Works Engineer -of -Record: �Carter-Associates Inc. > Description: <Water Distribution and Wastewater Collection S}^stem? General: This Utilitv construction permit authorizes the above-named Dww`ncr/Dcvcioper to construct a Water Disuibution Systetn and a Wastewater Collection System for the project as shown on the construction plans prepared by < Carter Associates Inc > and signed and sealed on5Februarr Ib, 1999?. Permit is contingent upon construction being performcd by personnel currently licensed in the State of Florida to perform such work. All work shall be performed in accordance with Indian River County Utilities Standards, latest edition and applicable regulatory agency. The limits of construction arc delineated by these plans. This permit is be valid for a period of twelve months from the date of issuance and is subject to th- following provisions; this permit does not constitute a permit for operation. Special Provisions: I The (]waer117eveloner or his duly authorized representative. the Engincer-of-Record and the construction contractor shall have a prc-construction meeting With Indian River Count}• Department of Utility Services (1RCDUS) a minimum of five working days before beginning construction. 2 Mite contractor shall notiiy Cuslomrr Scrvice, HWDUS, at 770-'.J306 i minitnunr of 48 hotus prior to beginning construction or perfortning any system tests. 3 Upon completion of construction, utility system shall be constructed. Flushed, disinfected and tested to t accordance with the current IRCDUS Specifications. 4 Ali cyuipritent, materials, and woricat;ursnip stall trtcct or c:scccd curt'c1u lndiait River County Watcr and Wastewater Utility^ Standards and shall be subject to the unconditional inspection and approval of the indian River Coumv )cpartment of Utility Services. 5 The Engineer -of Record (EOR) shall have an on-site representative (inspector) whom shall witness r- and document g11 materials used, installation procedures, problems encountered and all tests specified Page I of 3 C -1 40 C> 0 by the Operation Permit Checklist. Daily construction reports shall be submitted not less than monthly to IRCDUS. The daily reports shall be signed and scaled by the. EOR. The daily construction reports shall be submitted to IRCDUS no later than seven days after completion of that portion of construction requiring clearance. Indian River County has unconditional rights to inspect the construction and materials at any time. G All connections to the IRCDUS system and operation of utility system valves and equipment shall be made under the direct observation of personnel from IRCDUS. Where loss of utility service will occur, a minimum of a 48-hour notice to IRCDUS and the public is required. A 48-hour notice is required for access to private property. 7 The Owncr/Developer or his duly authorized representative, the Engineer -of -Record, property owner and construction contractor shall hold Indian River County harmless in any suits, claims, and/or liabilities arising from subject construction. 8 Upon completion of construction and prior to placing the utility system into service, the requirements of tite Utility water and wastewater system checklist shall be satisfied. 9 This Utility Construction Permit does not eliminate the necessity to obtain a right-of-way permit from Indian River County Public Works Department or other permits that are required by the Florida Department of Environmental Protection or any other county, state, or fcderal agencies. 10 Only IRCDUS approved appurtenances shall be used in construction. 1 f No construction shall begin until all required easements have been acquired. 12 Capacity Charges must be paid in full prior to commitment of capacity or issuance of building permit whichever comes first. THERE IS NO GUARANTEE THAT CAPACITY WILL BE AVAILABLE AT TIME OF REQUEST. 13 Shop drawings shall be provided and approved by Indian River County utilities Department prior to construction. 14 All r pplicable perritits alloGving utilities construction inside any right-of-way shall be submitted prior to commencement of construction. 15 County Inspection Services: The County's hours of Operation for this project is limited to between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays. The DEVELOPER shall coordinate needed inspection services between these /tours of Operation. Should the iii. EV1aLii1'El� ics]uire Cutu►ty inspzctian surviccs b�yund tlic -.;csiiitNtcd lto'�s trier tlrc L"..Y4LU: 'i:I'r shall pay the inspectors' hourly prevailing rate times an overtime direct mulliplicr of l.5 times the Hourly rate, The County's average prevailing wage rate plus overtime for inspection is 20 hour {FY -1499 rate}. The DEVELOPER shall not have the right to declare this Agreement in default because it disagrees.. lwith the fees and charges imposed for the extended use of the County Inspectors 1r Partial 'Uulixdkion. ThM COUIITY Utilities Department shall have the right to utilize or place into service any utility equipment pursuant to FDEP Certificate -of -Construction (DEP form 62-555.900) or other usable poruon of the work piiur to compleliuil of the vvark. Vvltenevcr the Plans to exercise said right, the DEVELOPER will be notified in writing by the COUNTY. identifying the specific portion or portions of the work to be so utilized or otherwise placed into service. The DEVELOPER shall understand that until such written notification. is issued, all responsibility for ownership. care and r0r cw,wrlw varve row.wo. h—V&— c--Wr+w L% d. c. h. • arra.lrtwww..Awa a~b. Page 2 of 3 do db +0 i F� maintenance of all of the work shall be borne by the DEVELOPER. Upon issuance of said written notice of partial utilization, the DEVELOPER accept full responsibility for the protection and 9 maintenance of all such items or portions of the work described in the written notice until final acceptance by the COUNTY. The DEVELOPER shall retain full responsibility for satisfactory completion of the work, regardless of whether a portion thereof has been partially utilized by the P COUNTY and the DEVELOPER'S one-year correction period shall commence only after the date of Substantial Completion for the work. DEVELOPER shall be further responsible for submitting a final Certification -of -Construction (100% completion) to FDEP for any outstanding portion of the work. r 17 Project Closeout: At the time of final completion an inspection shall be beld by the COUNTY in the presence of the property owner, DEVELOPER, Contractor and Engineer -of -Record, At this time, the I DEVELOPER shall provide all necessary documentation as required by the Utility Construction Permit and regulatory agencies, such as the FDEP. At the time of completion of all utility work, a final inspection shall be held. The DEVELOPER shall make arrangements with the Owner, Contractor, Engineer -of Record and the COUNTY for a joint follow-up inspection and shall send a written notice to said patties to inform them of the date and time of the inspection. After the inspection, the COUNTY through the Engineer -of -Record shall inform the DEVELOPER of any corrections required." 18 The one -wear maintenance period shall not commence until a final certificate final Certification -of - Construction (100% completion) has been prepared and approved by FDEP and a Memo of Acceptance has been issue by the COUNTY, 19 ALL COUNTY REQUIRED DOCUMENTS f SUBMISSIONS MUST BE PROVIDED BY THE DEVELOPER PRIOR TO THE COUNTY'S RELEASE OF THE PROJECT. This shall include but is not limited to record drawings, casement dedications, bill -of -sales, etc. 20 THE CONTROL PANEL FOR THE LIFT STATION SHALL BE DESIGNED AND WIRED WITH TEP.MINATION POINTS SET FOR THE rUTVRE INSTALLATION OF AN RADIO TELEMETRY UNIT (RTU), THE RTU (DATA -FLOW MFG. INC.) SHALL BE FURNISHED AND INSTALLED BY OTHERS. If you have any questions, please do not hesitate to contact the undersigned at telephone (561) 770-5322. Sinccr C/ipital Projects Manager % v JRDJsjd i Attachment: 1 set of Construction Plans cc: Donald R. Hubbs, P.E., Director of Utility Services t Stan Boling, Community Development Agency lattice 17nvis, P.E., Public Works Director Sean McGuire, P.E.,1RC Dept of Public Works t. 1 r•ar�tw,wFa. uWrr�^.wr�.,nF�r. rtl�,s-r�..�M�:M,ry ca.w.ew sr..i wr►�ir�rtw�.rt�i.r. 40 Eil 0 i INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES UTILITY CONST i�UCTiON PERMIT CIiE�Ka IST – WASIEWATER COLLECrIONITRANSMISSION $XaT--F—,M Permit Issuance Date: <December 21._1444a Permit No.: ECDSICCS - 730, Project Name: a Wabasso Causeway Park OwnerlDeveloper: <Indi_un River County DWartment of Pubfic Works> Engineer -of -Record: <CarterAssociates lnr-> Description: <Wrter Distribution and Wastewgler Collection System? Received Description I. Three (3) sets of Record Drawings (hard copy and electronic format), consisting of one set of reproducible mylars and two sets of bluelblack line prints signed and sealed by the Engineer -of -Record, The Engineer -of -Record must be registered to practice in the State of Florida. 2. Copy of a satisfactory hydrostatic pressure test or infiltrationlexfiiltration test, signed by the Engineer -of -Record. 3. One complete set of daily field inspection records prepared by tate on-site inspector certified by the Engineer -of -Record. 4. Copy of a satisfactory television test and a certified report by the Engineer -of - Record. 5. Certification by the Engineer -of -Record that the construction of the wastewater collection/transmission system is complete and in accordance with County construction and material specifications. Any deviation from the approved construction drawings or County specifications must be specifically identified and justified by the Engineer. 5. Copy of a clearance letter from the Florida Department of Environmental Protection (FDEP) authorizing the wastewater collecticnftransmission system to be placed into service. T Dedication of the wastewater collection/transmission system and accompanying easements. The dedication is to include an itemized list of all materials along with total materials, construction and engineering costs. S. Where the wastewater collection/transmission system is located in established easements or road rights-of-way, the attached bill of sale is to be executed along with an itemized list of all materials to include materials and construction costs. 9. Complete on-site inspection by a County utility inspector with confirmation that the wastewater collection/transmission system appears acceptable. 01!_11.199_ 10. $150.04 review fee. i i. Arrangements for payment of all impact fees and other costs of connections, 12. Release of lien(s). 13. A one-year maintenance bond in an amount equaling 25% of the total cost for construction of the system. 14. A set of lift station specifications (if applicable), two sets of operations and maintenance manuals, warranty, and all spare parts ar required by County standards. C!1w&&yle%utibty cow%Lructina prnaA%%% x -w trill.RY CONSTRUCTION Cf II:CKIIST PERhOT ab 40 40 C-1 + Hecetvea uescnpnan 1. Three (3) sets of Record Drawings (hard copy and electronic format}, consisting of one set of reproducible mylars and two sets of blue/black line prints signed + and sealed by the Engineer-o£•R.ecord. The Engineer -of -Record must be registered to practice in the State of Florida. 2. Copy of a satisfactory hydrostatic pressure test, signed by the Engineer -of - Record. 3. One complete set of daily field inspection records prepared by the on-site inspector certified by the Engineer -of -Record. 4. Copy of a satisfactory bacteriological main clearance certified by the Engineer - of -Record. 5. Record by the design firm of the estimated amount of water used by the contractor during the construction and flushing of the water lines. b. Certification by the Engineer -of -Record that the water line was sanitized in accordance with County specifications. 7. Certification by the Engineer -of -Record that the construction of the water distribution system is complete and in accordance with County construction and material specifications. Any deviation from the approved construction drawings or County specifications must be specifically identified and justified by the Engineer. 8. Copy of a clearance letter from the Florida Department of Environmental Protection (FDEP) authorizing the water distribution system to be placed into service. 9- Dedication of the water distribution system and accompanying easements. The dedication is to include an itemized list of al materials along with total materials, construction and engineering costs. 10. Where the water distribution system is Io t:d in established easements or road rights-of-way, the attached bill of sale is to be executed along with an itemized list of all materials to include materials and construction costs. + 11. Complete on-site inspection by a County utility inspector with confirmation that the watc-, distribution system- appears Wcccpiable. o1111/99 12. $150.00 review fee. 1 13. Arrangements for payment of all impact fees and other costs of connections. i 14. Release of lien(s). 15. A one-year maintenance bond in aft amount equaling 25% of the total cost for construction of the system. G'lwdlriuylclalility c�nslXuctiortpcaaiitlwuu lrrtl.17 Y CONs1RtlC11014 CIMCKIIST PERwr INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES - IL TY CONSTRUCTION PERMIT CHE IQ.I T - TER DISTRIBUT 9N Y TEM Permit Issuance Date: ¢December 21,_1999> t Permit No,: aCDSJCCS - 730> Project Name: cWabasse CausewayPark> OwnerfDeveloper: <1ndian River County ftartment of Public Works> Engineer -of -Record: < Carter A sso ci al es In r- > Description: :Water Distribution and Wastewater Coffectfan S ste""> + Hecetvea uescnpnan 1. Three (3) sets of Record Drawings (hard copy and electronic format}, consisting of one set of reproducible mylars and two sets of blue/black line prints signed + and sealed by the Engineer-o£•R.ecord. The Engineer -of -Record must be registered to practice in the State of Florida. 2. Copy of a satisfactory hydrostatic pressure test, signed by the Engineer -of - Record. 3. One complete set of daily field inspection records prepared by the on-site inspector certified by the Engineer -of -Record. 4. Copy of a satisfactory bacteriological main clearance certified by the Engineer - of -Record. 5. Record by the design firm of the estimated amount of water used by the contractor during the construction and flushing of the water lines. b. Certification by the Engineer -of -Record that the water line was sanitized in accordance with County specifications. 7. Certification by the Engineer -of -Record that the construction of the water distribution system is complete and in accordance with County construction and material specifications. Any deviation from the approved construction drawings or County specifications must be specifically identified and justified by the Engineer. 8. Copy of a clearance letter from the Florida Department of Environmental Protection (FDEP) authorizing the water distribution system to be placed into service. 9- Dedication of the water distribution system and accompanying easements. The dedication is to include an itemized list of al materials along with total materials, construction and engineering costs. 10. Where the water distribution system is Io t:d in established easements or road rights-of-way, the attached bill of sale is to be executed along with an itemized list of all materials to include materials and construction costs. + 11. Complete on-site inspection by a County utility inspector with confirmation that the watc-, distribution system- appears Wcccpiable. o1111/99 12. $150.00 review fee. 1 13. Arrangements for payment of all impact fees and other costs of connections. i 14. Release of lien(s). 15. A one-year maintenance bond in aft amount equaling 25% of the total cost for construction of the system. G'lwdlriuylclalility c�nslXuctiortpcaaiitlwuu lrrtl.17 Y CONs1RtlC11014 CIMCKIIST PERwr 4P 40 • i Wet Woll Date: Lift Station Start -Up and Testing Form COUNTY OF INDIAN RIVER Department of Utilities Elation Pumps: Owner: Other Wet Well Diameter 36" 48" 601 72" 84" 96" 1081, Gal. Per /Ft. 53.04 84.36 146.04 211A4 287.76 375.84 475.68 Gal. Per/ Inches 4.42 7.03 12-17 17.62 23.98 31.32 39.64 Serial No: Serial No.: Design Amperage: Amps Design Amperage: Amps Pump # Pump # N E S W (Circle One) N E S W (Circle One) Current Balance Check Current Balance Check T 1 = Amps T 1 = Amps T2= Amps T2= Amps T3- Amps T3= Amps DRAW DOWN TEST Water Level (ReL Point ) Wates Level (Ref. Point ) Finish Inches Start Inches Time Time Finish Inches Start Inches Time Time Difference Inches Time Difference Inches Time in. draw down = DK + Pump time ( min ) In, draw down = Diff. + Pump time ( min) [Pump tlowlOPM -1n. dmw down x Gal. per in. station size] x — GPM [Pump Ilow+GP4t . tn. draw down x Gal., per in. natation size) _X_= GPM Gage reading Pump discharge: PSI Gage reading Pump discharge: PSI DESIGN DESIGN HP GPM TDH (Ft.) _ HP GPM TDI (R.) Comments: Manufactures Rep. _ Utility Rep. Contractors Rep. Engineer PnWC WorkeRep ..C. r,.,x..,-�.:-,'c7'+'t'_F'�'.-_::'�:i#�s,"#i+'2�n&t�;'+x•�w:Ya..x:.�u.:..;s, i..::�.K :�wec:vr r.�as�u�i C-1 4 • t Project Name: Project Location: Date: SECTION A: "WET WELL Yes No Al. All inspections require the wet well to be completely dry and free of any construction debris. A2. Does wet well appear to be at proper elevation? f A3. Are all joints sealed properly with ram -neck? ! A4. Have all joints been sealed over properly with non -shrink grout? A5. Has bottom bench wall been installed correctly? r Afi. Have the base plates been installed correctly and inspected by lift station personnel? (Lift station mechanic initials for approval: AT Has wet well been painted properly? A8. Has the vent been installed properly with the approved materials? A9. Has the vent been installed in the proper location and height? AM Has stainless steel insect screens been installed in vent? All- Does hatch cover operate properly"? Al2. Is hatch cover rated for Hits loading? { A13. Does the hatch cover have any broken hardware? i 4 A14. Have all leaks been repaired properly? A15. Have lifting rings been removed and grouted? t Alb. Did I notify contractor and engineer about any and all items checked "No" in Section A? i Comments k Page 1 of G Inspector=s Initials h w w...wn C*—. P.WL l % iw. ra-a.. 4M 40 • 4M Project Name: Project Location: Date: SECTION B: VALVE BOX Yes No B1. Are fire valves box free of dirt and debris? B2. Does valve box appear to be at the proper elevation? B3. Is the valve box tate correct size according to I.R.C.U. standards? B4, Was valve box lid installed correctly? 115. Do the hatch covers operate properly? B6. Dv the hatch covers have any broken hardware? 137. Has the valve box been painted properly? 138. Has the valve box drain been installed according to I.R.C. U. standards? 139. Have lifting rings been removed and grouted? 1310. Did I notify contractor and engineer about any and all items checked "No" in Section. B? COMMENTS: Page 2 of 6 Inspector's Initials p c � [bre r,r+w�+y car r�� ■ �. r�.-nr h.m a.e so.� trt •.r++s4� 40 40 • Project Name: Project Ucation: Date: SECTION C: PIPING GENERAL Yes No C1. All piping shall be in accordance with I.R,C.U. standards. C2. Is all discharge piping flanged pipe ductile iron? r C3. Are all bolts and nuts stainless steel? C4. Has all electrical conduit and piping entering or exiting wet well and valve box been properly grouted and painted? C5, Does all piping appear to be plumbed and straight? C6. Are all clearances between piping and pre -cast (concrete) according to I.R.C.U. standards? C7. Are all piping materials approved by 1.R.C.U.? (i.e., check valves, plug valves, etc.) SECTION Cl: 'WATER SERVICE PIPING C8. Is water available at lift station site? C9, Is copper or brass piping used for service? CIO. Has a R.P. type back-flow preventer been installed? Ci 1. Has the water service been installed by or attached to the panel assembly in an approved manner? (No stainless steel hose clamps.) C12. Is the back-flow preventer leaking? i C13. Hs the back-flow preventer been tested and certified.) i C14. Has hose bib been installed? p C15, Did I notify contractor and engineer about any and all items checked "No" in Section C' COMMENTS: V a Page 3 of b y Inspector's Initials ^s..aas'sf4rkweocai.�Pa W&41- t%, , ft* aAmm" rawftwsax 40 • 4D i Project Name: Project Location: -- Date: _ SECTION A: GENERAL. APPEARANCE Yes No f Dl. Does station require a fence? D2. If fence is required, is fence installed properly? D3. Does fence material conform to I,R.C. U. standards? D4. Is the fence gate the proper size? I)5, Is gate installed in the proper location? D6. Does grading around station appear to be smooth and clear of any construction debris? DT Has sod been installed? D8. Does sod appear to be installed in a satisfactory manner? D9. Did I notify the contractor and engineer about any and all items checked "No" in Section D? COMMENTS: Page 4 of 6 Inspector's Initials r'.4.atUWbMRIAWCEWNIM iNWWMWQWMPIA" s-ww-,- t..za_w Project Name: Project Location: Date: + SECTION E: ELECTRICAL CONTROL PANEL Yes No E1. Is all electrical component supplies (i.e., panel, disconnect) installed in accordance with lnspector"s Initials t r:b.... L"r. rhr L%* Cr N—wsl—I+ ,rr1 Ld7 , L..A—k-4. I.R.C.U.standards? " E2. Is the panel supplied for the proper size."? L-'3. Is the panel set up for R,.T.U.? { E4. Is the R.T.U. installed? " E5. " Is the panel support posts (schedule 40 min.) stainless steel? E5. Is the panel the proper height above finished grade? " E7. Is the mounting hardware (i.e., bolts, nuts, fasteners, strut, conduit straps) stainless Steel (no galvanized) or aluminum? E8. Is the disconnect stainless steel? E9. Is die disconnect non -fusible? EIO, Is the panel installed in the proper location? " I,11. Are all electrical conduits installed according to I.R.C.U_ standards? E12. Has all conduit penes. ,tions into wet well been grouted and painted.? i E13. Has conduit inside wet well been sealed properly? Check for sea] fittings. 1 E 14. Does main electrical supply enter inside top of panel? P 1 EI S. Is all wiring copper? E16. Has concrete been pcured around each panel post? 4 E.17. Are all motor and float leads the proper lengths? " t E18: Is the motor and float lead hanger installed properly? lnspector"s Initials t r:b.... L"r. rhr L%* Cr N—wsl—I+ ,rr1 Ld7 , L..A—k-4. C�] +0 Project Name: _ Project Location: Date: SECTION Eo ELECTRICAL. CONTROL PANEL (CONTINUED) E19. Is the motor and float lead hanger installed in the correct location? E20. Have spare parts been received? E21. Dries panel open away from station? E22. Does panel appear to be level, straight and sturdy? E23. Did I notify contractor and engineer of any and all items checked "No" in Section E? COMMENTS: +'}.>n.£•,h f.'+I .. .•w.. .,.Fr.�.�nr. ,.�.. •.-sir Pwrll'7•... n. y-. •...r r�5i Yes No Inirector"s Initials PERMIT NO.: 40 -061 -0179G -ERP DATE ISSUED: AUGUST 17. 1999 PROJECT NAME: WABASSO CAUSEWAY PARK A PERMIT AUTHORIZING: CONSTRUCTION AND OPERATION OF SHORELINE STABILIZATION, RECREATIONAL AND AESTHETIC: IMPROVEMENTS, AND INSTALLATION OF TREATMENT SWALES ON WABASSO CAUSEWAY. ' LOCATION: Sections 27 Township 31 Range 39 INDIAN RIVER COUNTY ISSUED TO: INDIAN RIVER COUNTY, PUBLIC WORKS DIVISION ATTN: JIM DAVIS, P.E. 1840 25r" STREET VERO BEACH, FLORIDA 32960 Permittee agrees to hold and save the St. Johns River Water Managemerd District and its successors harmless from any and all damages, rkairrs, 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 not any rights or privileges other than these specified herein, nor relieve the perraxtee 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 revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes.: + PFI?MIT IS OCNDiTlONED UIFIO ; See conditions on attached "Exhibit A", dated August 17, 1999 AUTHORIZED BY: St. Johns River Water Management Disirict Department of Resource Management Governing I ozud B.. _ �EG fT) MN`J IANNA C�] e 0 "EXHIBIT A" CONDITIONS FOA ISSUANCE OF PERMIT NUMBER 40 -061.0179G -ERP WABASSO CAUSEWAY PARK t. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activities and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with ail 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. 4. Prior to and during construction, the permittee shall 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 Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control pian is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or noeration to prevent erosion or control sediment, beyond those specked 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 neg'Aatlon 1988). The f'orr Pitse shall correct any erosion or shoaling that causes adverse 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 actiMles have temporarily or permanently ceased, but In no case more than 7 days after the construction activity in that portion -of the site has tomp,arar-ily or peananer-My ceased. ` 6. At least 48 hours prior to commencement of activity authorized by this permit, the Permittee shall submit to the District a Construction Commencement Notice Form No. 400-4.900(3) indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the Permittee shall submit construction status reports to the District on an annual basis utilizing an annual Status Report Form leo. 4004.990(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 Applicant's Handbook, Management 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 municipal entities, final operation and maintenance documents must be received by the District when maintenance 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 pc rynilied plans and Pemaii conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. M Ow i 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As -Built Certification Form ROC -1.81(13) or40C-1.181(14) supplied with 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. Statement of completion and certification shall be based on the 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 super -vision) 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 original and any revised specifications must be clearly shown. The {dans must be clearly labeled as'as-built' or "record' drawing. All surveyed dimensions and 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, exfillration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; C. Dime, .,ions, 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; F. Existing water elevation(s) and the date determined; and G. Elevation and location of benchmark(s) for the survey. • • 40 4D r 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 be in compliance with the permitted pians, and the entity approved by the District in accordance with subsections 7, 1. 1 through 7.1.4 of the Applicants Handbook: Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. Elie permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective, f=ollowing inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsibie approved operation and maintenance entity, if different from the i 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 can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any .required federal, state, Ioc:al 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 40C-4 or chapter 40C40, r F.A.C. 14. The Permittee shall hold and save the District harmless from any and AN " damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. r 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other suoporting dutumenfaiion, shaii not be consrcdered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S. provides otherwise, ` 1 fi. The Permittee shall notify the District in writing within 30 days of any sale, conveyance, -or other transfer or ownership or control of the ommitted system or the real property at which the permitted system is located. All transfers of owner --hip, or transfor cf a porrmt are subjock to the requiTi54nFiiits of section 40C-1.612, F.A.C. The Permittee transferring the permit shall remain liable for any coni -;tive actions that may be required as a result of any permit violations prior to the Sale, conveyance or other transfer. • 40 C-3 • 17. Upon reasonable notice to the Permittee District authorized staff wrath 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 archeological artifacts are discovered at any time on the project ML 11 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. The proposed surface water management system must be constructed and operated in accordance with the plans received by ft District on June 11, 1999. C.A r • NOTICE OF RIGHTS 1. A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections 120.559 and 120.57, Florida Statutes, and Rules 28-106.111 and 28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the G District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 (4049 Reid St., Palatka, Fi. 321 T7) within twenty-six (25) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice). A petition must comply with Chapter 28-106, Florida Administrative Code. 2. If the Governing Board takes action which substantially differs from the notice of District decision, a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an t alternative remedy as described above. Pursuant to District Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at the address described above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whore the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice). Such a petition must comply with Mule Chapter 28-106, Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Section 120.559 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28-106.201, Florida ' Administrative Code. 4. A substantially interested person has the right to an informal hearing pursuant to Sections 'i2U.589 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an Informal hearing must comply with the requirements set forth i in Rule 28-106.301, Florida Administrative Code. ' 5. A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka, Florida. C-1 i LJ LI NOTICE OF BIGHTS 6. Failure to file a petition for an administrative hearing, within the requisite time frame shall constitute a waiver of the right to an administrative Dearing (Section 28-106,111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are govemed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code and Section 40C-1,1007, Florida Administrative Cada. 8. An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of receipt of notice of the District's written decision regarding a permit application, apply for a special master proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the offitm of the DWrict Clerk located at District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St„ Palatka, Florida 32177). A request for relief must contain the information listed in Subsection 70.51 (6), Florida Statutes. 9. A timely filed request for relief under Section 70.51, Florida Statute:;, tolls the time to request an administrative hearing under paragraph no. 1 or 2 above {Paragraph 70.51 (1 0)(b), Florida Statutes. However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master proceeding (Subsection 70.51(10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite tim frame shall consMit'e a waiver of the right to a special mastor proceeding (Subsection 70.51(3), Flo n Statutes). 11. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florjda Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of the rendering of the rna.i District a(Alon, (Soction -37 6i7, 1%. rida Sia -tutu -1 12. Pursuant to Section 120,68, Florida Statutes, a person who is adversety affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action. f� M NOTICE OF RIGHTS 13. A party to th % proceeding before the District who claims that a District odder is inconsistent with the provisions and purposes of Chapter 3M, Florida Statutesmay r seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida 1 Land and Water Adjudicator Commission, by filing a request for review with the Commission and serving a copy on the Department of Envfrorur►errtal Protection and r any person named in the order within 20 days of adoption of a rule or the rendering of the District order. f 14. For appeals to the District Court of Appeal, a District action is considered rendered after 4 is signed on behalf of the District, and is filed by the District Clerk 15. Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph #13, will result in waiver of that right to review. s CERTIFICATE OF SERVICE v I HEREBY CERTIFY that a copy of the foregoing Notice of R *ft has been sent by U.S. 1 Mail to: INDIAN RIVER COUNTY, PUBLIC WORKS DfVISION ATTN: Jim Davis, P. E. 1840 25'r' Street 1 Vero Beach, FL 32960 at 4:00 p.m. this 17TH day of AUGUST 1999 i 4 � p Gloria Lewis, �lre4ctor Permit Data Services d owl " St. Johns River Water Management District Post Offrce Box 1429 Palatka, FL 32178-1429 v (944) 329-4152 1 42-00 l -01 79U'I=.R V 40 • 40 " department of 4 =w ..._ Environmental ProtectkKUBLI �� � � :. Central District C WORKS D1 )eb Bush 3319 Maguire Boulevard, Suite 232 rid , Stai Governor Orlando, Florida 32803.3767 Secretary } INDIAN RIVER COUNTY + 1940 25'I"H STREET VERO REACH FL 32960 ATTENTION JAMES W DAVIS PE l PUBLIC WORKS DIRECTOR I i Indian River County - CS Project: Wabasso Causeway Park Improvements Served by: IRCUDINorth WWII' Serving: A Restroom Building l Generating: $12 GPD File Numher. 0150823 Dear Mr. Davis: We received your Notice of Intent to Use a General Permit on January 25, 1999. Pursuant to Rules 62-4 (Part III) and 62-604.700, Florida Administrative Code, you may not begin construction until thirty (30) days from that date and your use of the General Permit is subject to the attached conditions. Please be advised that the construction must conform to the description contained in your Nonce of Intent to Use a General Permit and that any deviation therefrom will subject the permittee to enforcement action and possible penalties_ i Sincerely, t -11" e C. Ferraro, P.E Administrator Nater Facilities DATE. 1992 IV WISP cs Attachment: Specific and General Conditions M Patrick S. Walther, PE „Protect. Conserve and ,more Flondo's Fnvironmrm and t emirel RnrkreCM" hrated w .wVdr4 Paler I • • 4b L Specific coudl[ions 1. The penTurtee or his engineer of record shall file with the Department upon completion of the work a copy of the plans and specifications for the system "as built." [62-604.700(2)(a), 12-26.96) 2, prior to placing the system in service, the engineer of record shall submit for Department approval a Certification of Completion of Construction (DEP Form 62.604.300(7)(b)). (62.604,600(2), 12-26-961 3. This general permit does not relicvf the pemmnee of the responsibility for obtainmg a dredge and fill permit where it is required. [62.604.700(2)fbj, 12-26-96] 11. General Conditions I. The terms, conditions, requirements, limiwtions, and re5tnc110115 set forth to this Part are "general permit conditions" and are binding upon the permtnee. The conditions are enforceable under Chapter 403, F.S. [62.4.540(1),12-15-981 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertakmS that acnvir,,• shall consunsle a violation of the permit. The permince is placed on notice that violation of the permit may result in suspension or revocation of the pennittee's use of the general permit and may cause the Depatunent to begin legal proceedings. (621.540(2), 12-15-98] 3. The general permit does not convey any vested rights or any exclusive privileges. It does not authorize any injury to public or private property .or any invasion of personal rights. It does not authorize an,,, infringement of federal, state or local laws or regulations. It does not elirnnate the necessity for obtaining any other federal, state or local permits that may be require S, ar allow the perminee to violate any more stringent standards established by federal or local law. [624.540(3), 12-15-98] 4. The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. it does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules. (624.540(4), 12-15-981 S. The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title. It does not constitute authority for reclamation of submerged lands. Only the Board of Trustees of the Intemal Improvement Taut Fund may express State opinion as to title. (62.4.540(5), 12-15-98) 6. No general permit shall authorize the use of state owned land without the prior consent of the Hoard of Trustees of the Internal Improvement Trost Fund pursuant to Section 253.77, F.S. (624.540(6), 12-15-98] 7. The general permit may be modified, suspended or revoked in accordance with Chapter 120, Florida Statutes, if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information. 142.4.540(7), 12-15-98] 8. The general permit shall not be transferred to a third party except pursuant to Fla. Admin. Code Rule 624.120. [624.540(8), 12-15-98] 9. The general permit authorizes construction and where applicable operation of the permitted facility. [62-4-540(9), 12-15.98] 10. The permittee agrees in using the general permit to make every reasonable effort to conduct the s irriflt; i —ivity or cin--wucuvn :utltu,wA by alit gttitial permit to a manner that will mi initze any adverse effects on adjacent property or on public use of the adjaceut property, where applicable, and on the environment, including fish, wildlife, natural resour:es of the area, water quality or au quality. (62.4.540(10), 12.15-98) I I. The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the Department rtl: s. [624.540(11), 12-15.981 12. The permittee agrees to maintain any lts.trniitnd faeiltty, or activsty in gird condition aril in accerdaocc with rhe pians submitted to the department under Mule 62.4.530(1). (624.5417(12), 12-15-981 13. A pennince's use of a gement permit is limited to five years. ]However, the penWttce may request continued use of the general pernut by notifying the Department pursuant to Mule 624.530(1). however. the Fertmtnec shall give notice of continued use of a general permit dirty days before it expires. (62.4,540(i 31, 12-15.981 CI 40 { r '!►� Jeb &nh 1 Governor Department of Environmental Protection Indian River County 1840 25th Street Vero Beach, FL 32960 Attention: James W. Davis, P.E. Public Worics Director Dear Mr. Davis: Central Distr,cc 3319 Maguire Boulevard, Suite 232 Orlando. Florida 32803.3767 Indian River County . PW Indian River County - South Wabasso Causeway Park 11,050 GPD] File Number. WD31-0039206.077 David B. Suul%s 6J -- FEB 2 5 3 OUR; This letter is to advise you that the Department has reviewed your Notice of Intent to Use General Permit as provided in Rule 62-555, Florida Administrative Code (FAC), to wristruct a water distribution system extension and does not object to your use of such general permit. Please be advised that you are required. to abide b% all conditions in Rules 62-4.510 through 62.4.540, FAC, the general requirements for general permits; and Rule 62-555.410, FAC. A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT PRIOR TO PLACEMENT OF THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE PERMITTEE BEING SUBJECT TO APPROPRIATE ENFORCEMENT ACTION. To obtain the I clearance letter, the engineer -of -record must submit one set of record drawings, a "Request for Letter of Release to Place Water Supply System into Service" [DEP Form 62-555.900(9)] (attached to the engineer's copy of this letter), a copy of this letter and satisfactory bacteriological test results (with chlorine residuals indicated) taken on two consecutive days from the proposed meter location. Water sample forms must indicate specific recommended sample locations and file number above. PVC piping must bear the NSF stamp for drinking water compatibility. 4 alneereiv, . ' CChristiianne C. Feuttrraro" P . gram Administrator p Water Facilities 19gcl CCF/am/pp Date 1 cc: Patrick S. Walther" Y.E. (Carter Associates, Inc.] Michael C. Hotchkiss, P.E., Environmental Engineer PinmFn'Ibd 99'077 "Prnrecr, Canserve and Manage Frnnda"s Enwronrnent and Natural liesources" C-1 40 C-3 0 STATE O9 Moat IDA r1417AR"CIEZ" Of To.Ar WolaTA"-&R UTILITY PERMIT MMU 7104I1_as t irrn- rr6 orpc • O&M 99 H490 0078�r "r"I`I Permit No. Section No. 0 G� © Soon Road CH 510 Camtyl'n��_ t Permittee�r"ndjap ui„a. r ,,nr nratara e 1 Address 3 Vero Reacb. EL 32960 Trlepbarre Numbcrt561) 774-53t3q ,_„T i RcquesTing permission horn lire SWc of llorida Dgrantnem of Trari�rortarion, Iactcirsafttr ralkd tate FDOT, to eoltstrhaci, opua[e orad maintain �Trr� (j +uu�w rAr o*utro�nd_r.hree- (ij 1nf force main. crassjz he CR 510 roadway On the causeway across the Indian River Lagoon in the vicinity r -ROM: STA 62 + 40 more or less TO; STA 62 + 80 lwe or less t iuttmitted for the Utility Owner by: Steve Doyle . P.E. – Environ. Ent? . Typed Namc A Title Sigre}4 �`'tls�d M- OT consrrucxion is proposed of uriderway. No :A Yes ❑ W.P.1. Na. Ac+commended for approval by - ,& n �l7 ■ do Tine O, A VI WI51c PUignarurtp]!'�” Date %ppoved by. _ Asal. fdta I rnt. Fifyr. Q IFTS District Maanl to grocer ar l}esrgrcc �5� Patnittae dedim that priorVol ftlittg this a7licarion it has determined the location or all earI pg utilitus, both aerial sad underground and rhe accurate locations are shown on the plans. A later of aotir%=t ,o was mailed on NVA to the "lowing ttrftyowrrns. 4..i tit r.,n ..ri r i.+nn ns. n,.... — .i.......1...... „4„--I– 1_.... w_j C_.. j__a_._ _r runt_ The local Maintenance or Resident Engineer shall be notifed forty-eight (4 8) rs prior to sorting work and again itarncdinety upon completion of work. The Department's Engineer isIr4— r located it wr pi rarr•o, Ft- Telepbone Number (561_)465-7396 Tlhe 1#T:RMITI'EC's employee rrsponsihic for Maintenance of Traffic is Telephone Numlter . (This carne may be provided a the time of the 48 lour mxicc prior to signing work.) All work, =(c iALs, and cgvipmcnt shall I'w subject to hrspection by ih4 moral Maintemarcc or Resident Engincemr and shall meet FDOT standards. All plain anal inistallitieau shall conform to the requirements of the FDOT s Utility Acc omtnothi ici t Masora] In effect as of the date rhis permit is appxoved by FDOT, aril slut+ be made a pan of this permit. This provision shall rxmt limit the authority of the District Director of Operaeions under Paragraph 8 of this Permit. This PERMUTEE shall commerce actual construction in good faith winhin _ days after issuance of permit, and shall be completed within days afro permitted work has begun. If the beginning date is more that 60 days from dare of permit approval, then PERIATrfEE mut review the permit with tit FOOT Maintenance Engineer to inake sure no changes have ocrahncd in (fie Tnantsportanien Facility that would afriect the permitted construction. The construction and maintenance of such utilityshall not incerfere with the property and rights of a prior PERMiTfEE- It is expressly stipulated that this permit is a license for permissive use only and iliac the placing of utilinies upon public peupcity pursuant to this permit shall not operate to create or vest any property tight in said holler, except as provids:d in executed subordirtation and Railroad Utility Agreements, Ptlrrta t to Sear r• 337,! I?(i), 1i rich± Sfmllrrt, wl.crk ;•:r rmc~_',earj fro dee rnnstrilc[ism, refrain, +ntprn,:m:,ra noxi+aritviw r, vs (r oriel efficient operation, attention or relocolion of all, or any pnrttnn of said Transponstinn Facility as deterntin led by The District Director of Operations. any or A] utilities and appurtenances authorized hereunder, "I be immediately removed from said Transpottatic A Facility or reset or relocated thereon as rec ired by the District Director of Operatiom and at the exppcnse of the PF.atMn`l'EE, tt=414 for icimbursemuni rights act forth in previously executed subordinalion and Railroad Lhiiity Agreements. It is agreed that in the everit ibe relocation of said utilinies are scheduled to be done imiul1aneously with Ilio f1)OT's eonssructiouwait,. the PERMITTEE will c oordianc wish Ilse FDOT before Proceeding and shall cooperate with [be FDOT's coorracsor to arrange tltc crt111rixr or work sn m rtrx io rl by ilte wort' n0hi - for' Ore nnuriirro,, defend z"y t*r.1 claims of Ile•_ FI II71,7s eeirrr.`+:;:nr dor to .:kl+yz caused by the PERMITfEE's failure to comply with the approved sclhedule, and shall comply with all provisions of the law a d (lee MnT': r -cunni Ihility Anxmmnw-A Linn M-3mhxt Tito PFR..MF fi'E shall not he i"fv3n!iblr for [Inlays Irynnrf ids rcntml in case of noo-compliatim with FOOT's tequirements in effect as of the elate this permit is approved by FDOT, this permit is void and the facility will have to he bought into eamrltliAnce or removed from flee right of way at on cirtt In the FDOT, excepn for mimhursemcm rights set fcKM in previoassly extcutal VLtwdinauon and Railroad U61iry Agreements. This provision shall not limit the aurlwrity of rbc District Direcior of 01trraunns uexler Paragraph 8 of (Ilia Pennir. NOTICE TO PERMITTEE This and attached pages, constitute your approved permit, a copy of which, together with a copy of plans, must be on the job sight at all times. 1. The permit is valid only for work proposed within D. d. T. Right -o€ -way, 2. The applicant or the Prime Professional Engineer shall arrange a preconstruction meeting with the D. O. T. Project Manager at which time an emergency restoration plan to address eventualities such as :)urricancs will be submitted together with a 24 hour telephone number by which the department may contact the person responsible for, and who has authority to act on the emergency restoration plan. 3. The MOT plan approved as part of this permit appears to accommodate planned work. Additional MOT. Plans may be needed to be employed and shall be in accordance with the F.D.O.T. Roadway and Traffic Design Standards. 4. All portions of the D.Q.T. right -of --way disturbed in the construction of this project wilt be restored as per FL. D.O.T. Specifications. 5. Existing ratio of pavement slope is to be extended across the proposed pavement for driveway connections, right turn deceleration and turn storage lanes, including tapers. 6. Existing swales between the edge of pavement and the right-of-way lines shall be maintained by the permittee. 7. Swales to be constructed a minimum of eight (8) feet from the edge of pavement and at least six (6) inches below the edge of pavement. The driveways are to be constructed in such a manner that the water in the swale wil] not be blocked. 8. Construct shoulders in the areas of driveways and turnouts as deemed necessary by tt.e department. 4. A]l work shall be certified in writing by the Engineer Of Record, stating that the work has been completed in accordance with the permit and the department standards. 10. Validity of this permit is contingent upon permittee obtaining necessary ,permits from all other agencies involved. t I. JIM ITEC AR0 OF F.12.Q.T,5HALL JUL N!211EIED 0HOURS IN AIN ADVANCE OF BEGINNING W12RK IN THE RIGIFUOE-WAY Phone 11561-065-7396! fax 9 561-+189-7120. (please include your name, phone 4 and D.O.T. permit number) . 12. Permits are good for one year from the date of approval. An extension may be granted if requested prior to the expiration date. CA i +! �r ,I 40 DEPARTMOff OF THE AIOV JACKSONYLLE 0 f'f1wr OF 800 "�••'� APR 2 1 1999 .nom a Regulatory Division Atlantic Permits Branch 199900938(LP-IS) �g Indian 'River County Attention: Jim Davis 1840 25`" Street Vero Beach, Florida 37.960 I Dear Mr. Davis: This is in reference to your request for a permit to perform work { in or affecting navigable waters of the United States. Upon recommendation of the Chief of Engineers, pursuant to Section 10 of { the Rivers and Harbors Act of 1899 (33 U.S.G. 403) i to install approximately 2,172 Linear feet of rip rap revetment along the shorelines of the Wabasso Causeway Park Islands in the Indian River at Section 27, Township 31 South, Range 39 East, Indian River County, Florida w in accordance with the enclosed drawings and conditions which are incorporated in, and made a part of, the permit. We have no evidence that a State permit has been issued for the work, and no work may " be44n until their requirements are met. " In accordance with the interagency agreement with the U.S. Fish and Wildlife Service additional special conditions have been added to the permit in order to provide proper protection for the k West Indian Manatee. I The standard manatee conditions for use during construction of k a project are enclosed. Enclosed is a Notice of Authorization, which should be displayed at th^ construction 1te. When yc.0 brains vuxk, you "nust noLify thea ` District Engineer's representative, at the appropriate Area Office as shown on the enclosed map, of: 4 1_ b. The dates of work suspensions and resumptions if work is suspended over a week: and, b b. Thi: date of final completion. L 40 40 0 40 -2- if the work authorized is not completed on or before April 15, 2004, this authorization, if not previously revoked or specifically extended, shall cease and be null and void. You are hereby advised that the following option is available to you in your evaluation of this Letter of Permission: You may accept the Letter of Permission or you may decline to accept the Letter of Permission because you object to certain terms and conditions therein. If you decline this Letter of Permission, you must return the Letter of Permission to the District Engineer C/o the Merritt island Regulatory Field Office, 2460 North Courtenay Parkway, suite 101, Merritt island, Florida 32953, and may not proceed with the work until notified by the District Engineer. Your letter to the District Engineer must outline your objections to the terms and conditions of the Letter of Permission. Your objections must be received by the District 'Engineer within 60 days of the date of this Notification of Applicant options (NAO), or you will forfeit your right to request changes to the terms and conditions of the Letter of Permission under this appeal process. Upon receipt of your letter, the District Engineer will evaluate your objections, and may: (a) modify the Letter of Permission to address all of your concerns, or (b) modify the Letter of Permission to address some of your objections, or (c) not modify the Letter of Permission. In any of these three cases, the District Engineer will send you a final fetter of Permission for your reconsideration, as well as a notification of appeal (NAP) form and a request for appeal (RFA) form. Should you decline the final Letter of Permission, you can appeal the declixLed, Letter of Permission under the Corps of Engineers Administrative Appeal Process by submitting the completed RFA form to the division engineer. The Division Engineer must receive the RFA within 60 days of the date of the NAP that was transmitted with the second Letter of Permission. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosures 4oe. Millet Colonel, U.S. Army District Enqineer 40 E�] • WABASSO CAUSEWAY PARK LOCATION MAP s a M aw � r - { 1 n a Gq ,4 Z — co d gg vi E S s" N 4 i a 1 e .i t rl i r � ' 1 r r � �,� G � �y45. f� .n -�C-•. ]2 { � . •: a '1' Aa CL in v M aw � oEn a Gq ,4 Z — co d gg vi E S 4 i a gg _r C S 4 i a MID • 40 t j !i pp A �: ! i i R ! ! lit llIie • 7 li r •i� + ellr� lereONO CIS rE iIi}I tf I E � � IIFII�I ` •cif E e• q `, ! ! ! R 4i a � Y - of (n ID 11!l1����1 1111l1�1'1 1111 WHOM 1111 1!1'!lI��11 11111. 11111��1,1 ,� !1r rll��11 11111���i! il,l 11I11ifr1 11lidii 11r11��11 1111 � . ��l1IIr�11 !�1li11�11 � ���r �i1r111�1 !l111��11 111r1���11 �� .111 11111��r1 11■■�,��!' X11 .....■■ �■■,� II111�I111 .,.. 010 JRII it �..��I�_I I�i►,> � - � �.. al�;f'�11r .ti � r11r HIM �1 Rr1111 i��f11111 MINE x111 .1,411111111 11111,11 U111 r11 1111 �1i�111111 1: iii 111111 wr Nil11 ��111lI1 11111! . � � . �11 ��1l1111 lt111�1 - _ —_ _ .�ffrilrlr !11 111111 1 ;- l��11'1111 Illrll l 111�IE1 11 s L J 40 4M Par? of 2 lm. AREA CAL,Cvi,e+ nONS A. East Isl2nd E • Total arca = 250,758 SF = 5.76 acres " Project arca — 115,141 SF = 2.64 acres o New Impervious area:. building = 661 SF r 5911Gw A,AFs p 3 648 SF . Total new impervious arca = 4,309 SF (3.796) s Surfa= water impact area (below N HW) = 4,829 SF • Length of rip -tap = 1,033 ft. . Provided retrad n = 4,944 CF E B. west L4lnad Total area a 215,612 SF = 4.95 aches Project arrsrs = 71,332 SF = 1.78 acres ■ New bppervicas mv= syde,vl _ 2,824 SF (3.746) i Surface wuff impact arca (below WM = 4,927 SF ■ Length o[ rip4ap = 1,139 ft. Provided retcmtca = 2,433 CF Par? of 2 C-1 40 • Manatee Special Conditions: 1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction, personnel are responsible for observing water -related activities for the presence of manatee(s). 2. The per-mittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and/or contractor may be held responsible for any manatee ha med, harassed, or killed as a result of construction activities. 3. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to or exit from essential habitat. 4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water whenever possible. 5. If a manatee is sighted within 1@0 yards of the project area, all appropriate precautions shall be implemented by the permittee/contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 5o feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate 5htiitdown of that equipment. A,-tiv r res will not resume until the manatees} has departed the project area of its own volition. 6. Any collision with and/or injury to a manatee''shall be reported immediately to the *Manatee Hotline" at 1 -800 -DIAL -FHP !1 vGG l w -•53G7). Collision and/or injury should also be reportad to the U.S. Fiah and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or ?aro Beach (1-561-562- 3909) in south Florida. 0 40 i 40 Ak (".t NDIM CENS { a. That all a=ivities identi-fied and authorized herein sha'1 be consistent with the terms and conditions of this pee"rait; and that any activities not specifically identified and authorized her ei.n�,sha.l l conscltute a violation of the terms and conditions of this pewnit which may result in 'the mociiglCae+nas suspension or revocation of this pe_•uLit, in whole or in part, set forah more specifically in General Condition j hereto, and in the institution of such legal proceedings as the United States Government may considew appropriate, whether or not this permit has been previously modified, suspended, or revoked in whol-e or in pa--t- b. That all activities authorized herein shall, if'they involve a. discharge or deposit into navigable waters or ocean welters, be at all tames consistent with applicable water quality standards, andards, effluent limitations and standards of Performance, prohibitions, and pretreatment standards established pursuant to Sectiones 301, 382, 306, and 387 of the Federal Wates ollutioto Control Act of 1972 (P.L. 92-5D8; 96 Stat. 816) , or pursuant a.onlicible State and local law. c. That when the activity authorized herein involves a discharge or deposit of dredged or fall material into navigable waters, the authorized activity shall. ',f applicable water duality standards are revised or mod'._ied during the term of this permit, be modified if necessary, to conform with such revised or modified water quality standards within 6 months of the effect4ve date of any revision or aaodifira.tiOn sof water quality standards, or as directed by an implementation plan contained r such of revised or modified standards, tax within such longer p time as the District Engineer, in cc m-qu1.tation with the Regional Administrator of the Environmental protection Agency, may detea`mine to be reasonable under the circumstances. d, That the permittee agrees to make every xeasonablc ir effort to prosecute the construction, or work aut-larized ht---e-'n a manner so as to minimize any adverse impact of the construc'ypn or work on fish, wildlife. and natural environmental values. e. That the permittees) agree to prosecute the ccsllsc a .lctic;:1 of w=!- authorized herein an a manner so as to minimize any degradation of water quality, anal comply with the f Environmental. Protection or any State water FloridaGpartmetlt o Management District requ emeuts and. =iteria. . f_ That the permittee ,call P&-111ii GT1e 11i:iC: ]t:e %fi .i:Y yr ills action at any tImetdeemed necessary�i.neorderomake to assure that eriodic deemed P inspections 21b being be:.nc ae~farmed udder authority of this permit is in do C-3 40 i SA.7RD GENERAL PERMIT g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings that are approved. h. That this pezmdt does not convey any property rights, either in real estate or material, or any exclusive privileges and that it does not authorize any injury to property or invasion of sights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. i. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. j. That this permit may be either modified, suspended, or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. k. That in issuing approval trs perform work under this permit the Government has re -lied on the information and data which the permittee has provided in connection with h ffi application. if, subsequent to the issuance of approval, euch information and data, prove to be false, incomplete, or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part and/or the Government may, in addition, institute appropriate legal proceedings. 1'. That any modification, suspension, or revocation of this permit shall not he the basis for any claim for damages agu.;.nst the United States. M. That no attempt shall be made by the permittee to prevent the full and free use by they pvh is of all navigate? waters at or adjacent to the activity authorized by this permit. n. That if the display of lights and signals on any structure or work authorized herein in not otherwise provided for by law, such lights and signals as may 'be prescribed by the United States Coast Guard shall be installed and maintained by rat LhC U: FZZISC O.d !ham f eZ—alr-lre. • 40 40 G^ZNERAC. PERMIT a. That this permit does not authorize or appy a the author car�Structlan of particular Str"Otures' authorization by t•hex�"'-'ms's= or approval of which ,may requ�e , the Federal. GoVer=eut. agencies of Cather age p. That if and when the permittee desires to �L - e aiaando t s pa_� . of a unieas sucia activity authorized herein, permittee is transf'e.=-i=9 h=s the p transfer procedure by which ur ant to General canci=icn s party P�-�-co interests herein to a third the area to a condition Sat=s=a-�'t°=y to hereof, he roust restore the District Engineer- pex=1 t is possible under That if the recerci3A9 of t w q. applicable State or local law, the pu'tt'ee shall as mal aecessa�► tr record this Pi.rich the char action of Deeds or other apProp',.te officiaX Registrar records of :title to and iatp...-eszs n responsibilitl for maintaining in real property - interfe.r--=e rri: h r. That there shall he no unreasonable existence or use of the activity aur= aed navigation by the herein. ' t may not be g. That authorization crwithou ��� sten not _- p � the transferred to a ^third Pel t written age .to comply by the transferees a if District Engineer f this permit. In add===on, he""e==d with all terms and conditions oaby the permittee traf e_ -s the interests authorized ns deed shall r8ference this conveyance of rCB�t]i the � �d conditions specif.] ed herein and this Deas or the terms be recorded along ti*ith the deed with the Registrar other appropriate official if law petwi.ts. t. The terns •perms C ee■ means the party ❑r pa." =="s a,ccopplish wc---k ,E --=e--- authorized by the District Engineer to 0 general permit, l ` Y 40 40 4D 40 7