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2001-026
• �o-0-( �{ •-uel� Indian River Count Dost Hurricanes Floyd & Irene (19991) Coastal Damage Restoration Contract Document and Specifications For Indian River County, Florida Emergency Dune Restoration Project IRC Bid No. 3041 Prepared For: Indian River County, Florida Board of County Commissioners Prepared by: Department of Public Works Coastal Engineering Division 1840 251h Street Vero Beach, Florida 32960 December, 2000 INDIAN RIVER COUNTY COASTAL ENGINEERING DIVISION 1840 25TH STREET VERO BECH, FL 32960 FACSIMILE TRANSMITTAL SHEET TO: _ FROM: ALL CONTRACTORS Jeffrey R Tabar, .I;. M COMPANY: DATE: January 4, 2001 ^_ FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 7 PHONE NUMBER: SENDERS REFERENCE NUMBER: R& YOUR REFL'RENCE NUMBER: Access locations for Bid No. 3041 URGENT X FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE NOTES/COMMENTS: To all contractors: Indian River County, Florida Bid No. 3041 Emergency Dune Restoration Project Attached please find location maps that indicate possible construction access areas. Please use the full large drawing set (24" x 36" size) provided with the bid spec. package to accurately locate each possible access site. Contractors are not limited to these access sites. Other sites can be used following approval by the County Project Manager. Call if questions 561567-8000 ext. 344 JRT E E 1 I f' J- t; I l� i INDIAN RIVER COUNTY COASTAL ENGINEERING DIVISION 1840 25TH STREET VERO BECH, FL 32960 FACSIMILE TRANSMITTAL SHEET TO: _ FROM: ALL CONTRACTORS Jeffrey R Tabar, .I;. M COMPANY: DATE: January 4, 2001 ^_ FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 7 PHONE NUMBER: SENDERS REFERENCE NUMBER: R& YOUR REFL'RENCE NUMBER: Access locations for Bid No. 3041 URGENT X FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE NOTES/COMMENTS: To all contractors: Indian River County, Florida Bid No. 3041 Emergency Dune Restoration Project Attached please find location maps that indicate possible construction access areas. Please use the full large drawing set (24" x 36" size) provided with the bid spec. package to accurately locate each possible access site. Contractors are not limited to these access sites. Other sites can be used following approval by the County Project Manager. Call if questions 561567-8000 ext. 344 JRT i� t �4 it z t int y y � y ' �' •{t' it � r� , hi 91jig tl� II L gft VACANTL dJl • la t r4 ,y r aS qql, :• 4 1 ,ts ,$s.,yl/ tr _ /��J -. �` �Q ri }7a pp,t 1i�� ti .9: it �. .�� • t t i .r- 1 1�L. -'<—POSSIBLE CONSTRUCTION ACCESS i hh�, tv ,• ION ACCES . il�R'{ • • IF e`ANTLOT1t 1 fi - � r .�.pS} �� ` •�x t � 1�yrl� F �d _ _ i v� � (�.c��' .'�(f 7 +Ir SCJ' y`f }i il. ,' tt "' �'��r/d)ijy, Ivij S S R `r'rrlJy` ` tt l �L AR'r �ylr .'�l Sl .p✓1`�'d l4 �i 1� i _ r• "4,yf�—�i r r'�yP1rr t S�Ik. .SIT `IIV, i{'�fl rf�9 il4 it iy'1 r y`4 ?I.,Y-I r1F r'yr4!� .§,r''arY Ni w } `t t 1J'�'�.) - %• s '� rV.11� 40'' d i P7 �'� `tr '<—POSSIBLE CONSTRUCTION SSW ACCE AMBERSAND PARK- "� S'r r ll f V t fi ,771fi- - ��j�v���v t r; � ,' :A'�tiNtl( rY•' �� , ff . x frit ' -. t f r - i • r G �►i �; li'y i'k•,'' t.fy yhj 1 4 d jC ,. f�i'Ss y Cj - rf t " r � a 0 0 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS ............................................. AB - 1 INTRODUCTION TO BIDDER ............................................. IR -I INSTRUCTIONS TO BIDDERS ............................................ 113 -1 BID PROPOSAL......................................................... BP- 1 LABORATORY ANALYSIS OF FILL ....................................... BI. - 1 BIDBOND............................................................. BB -I STATEMENT OF PUBLIC ENTITY CRIMES .................................. S -1 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS ................................. SS -1 INFORMATION REQUIRED OF BIDDERS .................................... I - 1 CONTRACT FORMS Agreement......................................................... A 1-4 Performance Bond..................................................PE 1-5 PaymentBond ..................................................... PA 1-5 Sample Certificate of Insurance ......................................... Cl - 1 Application for Payment .............................................. AP -1 FinalPayment....................................................... FP 1 GENERAL CONDITIONS .............................................. GC 1-45 SUPPLEMENTARY CONDITIONS ....................................... SC 1 -10 TECHNICAL PROVISIONS ............................................... TP 1-9 APPENDIX............................................................................ AP • 0 BID PACKAGE THIS PACKAGE CONTAINS: SECTION TITLE PAGE NIJMBER Advertisement for Bids AB 1-2 Introduction to Bidders IR 1-2 Instructions to Bidders IB 1-8 Bid Proposal BP 1-4 Bid Bond BB 1-2 Statement of Public Entity Crimes S 1-3 Safety Act I 1-2 Information Required of Bidders SUBMIT THIS COMPLETE PACKAGE WITH YOUR BID LO Telephone: (561) 567.8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM January 11, 2001. 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 EMERGENCY DUNE RESTORATION PROJECT. 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. INDIAN RIVER COUNTY PROJECT NO. 0019 INDIAN RIVER COUNTY BID # 3041 All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from Coastal Engineering Division ofthe Public Works Dppartment.1840 25th Street f1hird fl22rl Vero Beach. Florida 32960 (561)567-8000, ext. 1379 or 1344. Copies of the plans and the specifications L containing the necessary contract documents may be obtained by deposit of a check made payable to INDIAN RIVER COUNTY, BOARD OF COUNTY COMMISSIONERS. in the amount of ($40.00) for each set, which represents cost of printing, handling, and mailing and which is non l-' refundable. All bids shall be submitted on the Bid Proposal forms provided within the specifications. A BID BOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, I or certified check or cashier's check on any bank authorized to do business in the State of Florida, in the sum of not less than Five Percent (5%) of the total amount bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, he will l enter into a Contract with the County and furnish the required Performance and Payment Bond. If he fails to do so, he shall forfeit the said bid Bond as liquidated damages. L 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 cause/or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. .= ADVERTISEMENT FOR C!DS AB -1 U�] 40 A Pre -Bid Conference meeting will be held on December 21, 2000 at 2:00 PNi, in the first floor conference room (B) of the Indian River County Administration Building located at 1840 25th Street, Vero Beach, Florida 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Fran Boynton Purchasing Manager For Publication in the Vero Beach Press Journal Date(s): December 8, 2000 December 13, 2000 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1840 25th Street Vero Beach, FL 32960 ADVERTISEMENT FOR AB -2 WWI • 40 INTRODUCTION TO BIDDER 1. Project Description Indian River County proposes to restore coastal dunes along the Atlantic shoreline by placing beach compatible sand at eight(8) sites. The placement of material shall be consistent with the Florida Department of Environmental Protection (FDEP) permit number IR -601. The project is being partially funded through the Federal Emergency Management Agency (FEMA) Disaster Relief Funding Agreement number 00-RM-xx-10-40-01-004. Both documents can be found in the Appendix. All bidders shall be familiar with the terms and conditions set forth in these documents. The configuration of the dunes will be a twenty (20) foot -wide crest at varying top elevations based on existing site conditions. A typical section is provided for each site as shown in the project drawings. Adjustments may be made to the proposed fill quantity based on existing conditions at the time ofplacement. This quantity adjustment, if necessary, will only reduce the fill placement volume. 2. Location of Project The dune restoration sites are located throughout the County shoreline as shown by the plans. A location map is attached identifying each site, but specific site information can be found in the project drawings. Listed below is a table indicating each of the site placement characteristics. Site No. FDEP Monument Location Unit Volume (c/ft Length ft Total Volume c 1 R12 (+200ft) to R16(+350ft) 6.0 4,300 25,900 2 R33(-200ft) to R34 8.6 1,000 8,580 3 R38(-400ft) to R38(+300) 7.7 575 4,438 4 R40(-400) to R40 7.0 550 3,825 5 R77(+400) to R79 3.4 1,500 5,153 6 R83(+150) to R83(+375) 4.8 225 1,076 7 R103(+250)to R103(+700) 5.3 450 2,389 8 R105(-200) to R107(-50) 5.1 2,050 10,438 Total 10,650 61,799 Note: plus (+) indicates south of monument & mmus (-) maicates norm of monument. Construction access(es) will be carefully coordinated between the awarded bidder and Engineer. Several access points will be required for each site location with written consent provided from the respective property owner(s) prior to the commencement. The contractor shall start work at site number 8 (the southernmost site) and work north. Alternately, the contractor may work at multiple sites at once as approved by the Engineer, which is encouraged so to meet the project completion date of APRIL 1, 2000. INTRODUCTION TO RIMERS IR- 1 Additional site location may be added as indicated in the bid schedule. These sites include Humiston Park (fill delivery only) and the Walt Disney Resort. 3. Time of Completion Proper placement of all material shall be completed before APRIL 1 2000. In the event that the project is not completed by the date designated, the Contractor shall provide a written explanation for the delay fifteen (15) days prior to the completion date. The Engineer will contact the appropriate regulatory agencies to request permission to continue during sea turtle nesting season. If permission is denied, the contractor will cease work on April 1, 2000 and resume work at the end of sea turtle nesting season, on the date specified by the Engineer. 4. Key Contacts 1. Indian River County Coastal Engineering Division 1840 25th Street Vero Beach, Fl. Jeffrey R. Tabar, P.E., 561-567-8000, ext. 1344 FAX 561-778-9391 2. Florida Department of Environmental Protection Office of Beaches & Coastal Systems Marjory Stoneman Douglas Building 3900 Commonwealth Blvd. Tallahassee, FL. 32399-3000 Allen P. Hubbard (850) 487-1262 (850)488-5257 3. Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Fl. 32399-2100 Sid Bussick or (850) 487-0761 Susan Fleischer (850) 487-2007 INTRODUCTION TO P!nDERS IR -2 ' EL LOCATION MAP gr -fiS'FIIAN INLF T r� I \ AMBERSAND SITE 1 1ti / I .SANDERIAG SITE 2 i �SUMMER PLACF SITE 3 - WABAS50 BEACH :SITE 4 ATLANTIC INDIAN i:01/L7k ("001,1!1 Y OCEAN CMN MACH I SIT[ v �HU T PARK SITE6 SITE 6 i 1 SCALE: 1” = 15000' INDIAN RIVER COUNTY POST HURRICANES FLOYD & IRENE (1999) COASTAL ENGINEERING DIVISION 1840 25TH STREET EMERGENCY DUNE RESTORATION PROJECT VERO BEACH, FL. 32960 - FOR - INDIAN RIVER COUNTY, FLORIDA Jel/rey R. Tobor Dote Florida P.E. License No. 54094 C NO I INSTRUCTIONS TO BIDDERS I 1. Defined Terms Terms used in these Instructions to Bidders which are defined in the General Conditions, Section i 00700, have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation f ' as hereinafter provided) makes an award. i. 2. Copes Of Biddine Documents ' 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer (unless t: 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 nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a j license or grant for any other use. l_ 3. Oualifications of Bidders 3.1 To demonstrate qualifications to perform the Work, the apparent low Bidder, and any other Bidders so requested by the OWNER, shall submit within five (5) days of written request, an audited financial statement, a list of major pieces of construction equipment owned by the Bidder and documentation demonstrating the Bidder's compliance with the qualifications listed below: a) BIDDER must have a least five (5) years' experience in the construction of similar projects of this size and larger. i b) BIDDER must have successfully constructed, as prim CONTRACTOR, at least three (3) projects similar in scope to this project. C) BIDDER must have good recommendations from at least three (3) clients similar to the OWNER. d) The BIDDER'S superintendent and assistants must be qualified and experienced in similar projects in all categories. e) Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. INSTRUCTION TO BIDDERS IB -1 40 4D El r f 3.2 The OWNER reserves the right to reject Bids from Bidders that are unable to meet the listed required qualifications. 4. Examination of Contract Documents and Site E 4.1. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly; (b) visit each site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work; © familiarize r` 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 (e) promptly notify the Engineer of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Contract Documents and other related documents. Before submitting his Bid each Bidder will, at his own expense, make additional investigations and tests, ifnecessary, as the Biddermay 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. 4.2. On request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 4.3. The lands upon which the Work is to be performed, for access thereto and other lands designated for use by Contractor in performing the Work shall be carefully coordinated by the awarded bidder and Engineer. i 4.4. The submission of a Bid will constitute an incontrovertible representation by the � Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations i 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 clarifications will be without legal effect. INSTRUCTION TO BIDDERS s IB -2 E- C • 6. Bid Securily 6.1. Bid Security shall be made payable to Owner, in the amount specified in the Bid Form and in the form of a certified check, cashier's check, treasurer's check or bank draft of any national or state bank or a Bid Bond (on the form attached) issued by a Surety meeting the requirements of paragraph 5. 1 of the General Conditions. 6.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful 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 Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. Contract Time The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. 8. Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. i ' 9. Substitute Material and Equipment The Contract, if awarded, will be on the basis of material and equipment described in the 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 that a substitute or "or -equal" item of material or equipment may be furnished or used by L Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.1 of the General Conditions. i L 10. Subcontractors. etc. I 10.1. The bidder must submit with the bid a list of the names and addresses of the Bidder's major subcontractors together with the services they will supply. These subcontractors will be subject to review as to their competency by the Owner prior to award of Contract and shall be one of the considerations in determining the lowest INSTRUCTION TO BIDDERS IB -3 to 40 r7 40 responsible and responsive bidder as defined hereinafter. After award of Contract, I no change in subcontractors shall be made unless approved by the Owner after a request for such a change has been submitted in writing by the Contractorwhich shall r, include the reasons for such request. Such list shall be accompanied by an experience (: statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by ! ' Owner. If Owner or Engineer after due investigation has reasonable objection to any I proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable I substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any 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. i �. .i 10.2. In contracts where the Contract Price is on the basis ofCost-of-the-Workplus 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 after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. i, 10.3. No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. is 11. Bid Form I 11.1. The Bid Form is attached hereto; additional copies may be obtained from Engineer. 11.2. Bid Forms must be completed in ink or by typewriter. The Bid price of each item on the form must be stated 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. e 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. i. - INSTRUCTION TO BIDDERS IB -4 40 C_1 M ED 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 11.7. The address to which communications regarding the Bid are to be directed must be shown. 11.8. All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. f i 12. Submission of Bids 12.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by a completed Section 00411, Statement on Public Entity Crimes, a completed Section 00412, Sworn Statement Under the Florida Trench Safety Act the Bid Security and other required documents which are included in the Contract Documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 12.2 The successful Bidder will be responsible for compliance with all applicable safety- related Federal and State statutes and regulations, including, but not limited to, the OSHA excavation safety standards, 20 C.F.R., Part 1926, Subpart P -Excavations, k Trenching and Shoring, which are adopted by reference of the newly -enacted Florida "Trench Safety Act", Section 553.60 et. seq., Florida Statutes. The Bidder who will perform trench excavation work on a construction project with trench excavation(s) over 5 feet in depth must allocate and include in its bid the cost of compliance with trench safety standards and any special shoring requirements. 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). t 13. Disqualification of Bidders 13.1 One Proposal: Only one Proposal from an individual firm, partnership or corporation under the same or under different names will be considered. If it is believed that a Bidder is interested in more than one proposal for the work involved, all Proposals in which such a Bidder is interested will be rejected. 13.2 Collusion Among Bidders: If there is evidence that collusion exists among the Bidders, the Proposals of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future Proposals for the same work. INSTRUCTION TO BIDDERS IB -5 40 40 14. Modification and Withdrawal of Bids 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in r s 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. 14.2 If, within twenty-four (24) 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. 15. enin 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. 16. Bids to Remain _Qpen All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17. Award of Contract 17.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words "- and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated extension of unit prices and the correct extension thereof will be resolved in favor of the correct extension. 17.2 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. 17.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the INSTRUCTION TO BIDDERS IB -6 i 71 O identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considera- tions, performance data and guarantees of materials and equipment may also be considered by Owner. 17.4 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. 17.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 17.6 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. 17.7 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. 18. Performance and Other Bonds Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security. 19. Interpretation of the Approximate Quantities The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. 20. Execution of Contract The Bidder to whom the Contract is awarded shall, within ten (10) days of the Notice of Award, execute and deliver five (5) copies of the following to the Engineer: a. Agreement b. Performance Bond (Recorded at County Courthouse) c. Payment Bond (Recorded at County Courthouse) INSTRUCTION TO BIDDERS IB -7 0 0 0 �- d. Certificate of Insurance t: 21. Failure to Execute Contract i Should bidder to whom the contract has been awarded refuse or fail to complete the requirements of Article 19 above within ten (10) days after Notice of Award, the additional time in calendar days required to CORRECTLY complete the documents will be deducted, in equal amount, from the Contract Time, or the County may elect to revoke Bid Bond of any Bidder failing to execute the awarded Contract shall be held by the County for consequential damages incurred, and the Contract awarded as the Commission desires. INSTRUCTION TO BIDDERS IB -8 0 0 r BID PROPOSAL INDIAN RIVER COUNTY EMERGENCY DUNE RESTORATION PROJECT COUNTY PROJECT 03041 rY oposal Q.1 /_peg _f .I:'iR-✓C--r—jo /nJ/i0J7-AJfl5 (Bidder's Name) ¢ Is—I o erg fit 5 —C L1= ca j�; ic F- n (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. 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 determination 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 and Technical Specifications included as part of the Contract Documents. 1) To do any extra work, not covered by the above schedule of prices, which may be ordered by the County Coastal 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 County Engineer and the Contractor in accordance with Supplementary Conditions, i Paragraph N. 2) Within ten (10) days from the date of acceptance of this proposal, to execute the Contract and to furnish Indian River County a Performance Bond in an amount equal to 125% of the BID PROPOSAL i _ BP 1 4o • C1 bntract price and a Payment Bond in an amount equal to 100% of the Contract price. The i ttractor shall provide two (2) separate bonds, a combined Payment and Performance Bond 25% of the contract price is not an acceptable substitute. f To begin work within ten (10) calendar days after the date of receipt by him of Notice -to - Proceed, and to complete the work not later than the date specified in the Supplementary Conditions, Paragraph I. 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 20% of the total contract. 5) 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, 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. accept in full payment thereof the following prices, to wit: It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison upon the basis of the actual quantities in the completed work, whether they be more or less than those shown. ACCOWANYING THIS PROPOSAL IS i (Insert the word(s) "cash", "bidder's bond", or "certified check", as the case may be, payable to INDIAN RIVER COUNTY. 4 . The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the OWNER as liquidated damages in case this proposal is accepted by the OWNER and the undersigned fails to execute a contract with the OWNER as specified in the contract documents accompanied by the required labor and material and faithful performance bonds with sureties satisfactory to the OWNER, and accompanied by the required certificates of insurance coverage. Should the OWNER 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. The names of all persons interested in the foregoing proposals as principals are as follows: -, (NOTICE) - Ifbidder or 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-partners composing firm; if bidder or their interested person `- is an individual, state first and last names in full.) i (A 1KE S n49 PQQ:% jno%)7— - --- -- cr. jr e 4 t Y c` - r c. k JjFAA I e,IL ,�r�e -PAO tf aT -S-0 M.1 D is -q-k # 14 Al -See.— Tic■ e&jL#,t i BID PROPOSAL 40 • Bidder hereby certifies that it has all license and permits required by Federal, State and local statutes, regulations and ordinances. Contractor's License No: 1? 4 It, Bidder hereby acknowledges receipt of the following addenda: No. date No. date No. date 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 special partners. Signature of Bidder: i BID PROPOSAL BP 3 L� 40 40 INDIAN RIVER COUNTY EMERGENCY DUNE RESTORATION PROJECT BID FORM Item Project Site Item Unit cost Quantity Cost Description 1 Site No.1 Provide Fill $ y. /ton w O 33,700 tons (Ambersand) Deliver Fill $ ,Z /toll/919 �9l� fG d• Grade Fill $;1 /ton 2. Site No. 2 Provide Fill $yds /ton u,,/,"Y 11,200 tons (Sanderling) Deliver Fill $ 2 hon/r3 & s v. 9 Grade Fill $Z /ton 3. Site No. 3 Provide Fill $ t1.0/ton wfy 5,800 tons (Summerplace) Deliver Fill $ 02•L� hon/rpdc s•� 0 y0• � Grade Fill $ a, 16�, /ton 4. Site No.4 Beach Park) Provide Fill Deliver Fill $ /ton wf9 $ /ton/Mille 5,000 tons `� (Wabasso ��pod• l Grade Fill $,? /ton 5• Site No. 5 Provide Fill $ /ton k -H 6,700 tons (Conn Beach) Deliver Fill fn/ $ � /to9Ze SS7S' ' Grade Fill $ d. i% /ton 6. Site No. 6 Provide Fill $ a.nC� /ton w f'/ 1,400 tons (Humiston Park) Deliver Fill $ 3a- /ton/nX J j f�G 0 Grade Fill $R.� /ton 7. Site No. 7 Provide Fill $ a' 0 /ton wf9 3,200 tons0-5 ��d (Ocean Ridge) Deliver Fill $ 3 s /ton/T6 ,26� Grade Fill $-2 /ton 8. Site No. 8 Provide Fill $' �` /ton wfy 13,600 tons (Porpoise Point) Deliver Fill $ 3.4-0- /ton/gde Grade Fill $„ 2-0r /ton 9. Humiston Park Provide Fill $ :% /ton wfy 5,200 tons Deliver Fill $ S. /ton/rpik �. (City of Vero Beach ) 10. Walt Disney World Resort Provide Fill $ 1/ 'Z� /ton w/`% 4,600 tons (Wabasso Beach Area, Deliver Fill $ 2/ton/rgtte yon /fid CR510) Grade Fill $1 /ton 11. Mobilization/Demobilization Lump Sum ��'i S o0 ✓� Base Bid $ yj3� 6YS' Note: The Countywill compensate the Contractor for Services related to items 9 and 10 at the price indicated on this form. BID PROPOSAL BP 4 A s: 40 • f; ® LABORATORY ANALYSIS OF FILL FROM ALL PITS TO BE USED (TO BE ATTACHED TO BID PROPOSAL) ! The Contractor shall submit evidence satisfactory to the County that the borrow site to be used for the project is permitted by Local, State and Federal authorities, as applicable. The Contractor is likewise responsible for obtaining all applicable permits and licenses for the transport of equipment, materials and operations undertaken as part of the work. Contractor shall have an independent laboratory analyze fill samples from all pits to be used in providing fill for this project. The independent laboratory must have its technical qualifications and experiments approved by the Engineer. The Contractor shall have the independent laboratory submit a Crain Size Distribution graph, moisture content analysis and modified proctor tests results for each sample from each fill source location that will be used to provide the required volume of fill material. The characteristics of the samples being analyzed shall be representative of the fill in place at the source. Volume of fill available from each of the pits analyzed by labs: Pit Identification Volume Available 1 wu >'crr ics /pow aoc i'1sf iks 2) 17eA 'sciSP/ ions l.yl.)4�Ti,s 4tS 3 4 Fill samples from each source listed above shall be provided. The samples be approximately 2 lbs. in weight. The sample shall be clearly labeled with the name of the Contractor and any other identifying information as to the pit location and characteristics of the sample. The samples shall be representative of the fill that is being offered for the Emergency Dune Restoration Project, if applicable. All pit locations shall be made available to the County Coastal Engineer for inspection of material prior to and during the project. LABORATORY ANALYSIS LA 1 W s 40 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING ANDEBASTIATESNINGs6s C '.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (561) 568.6469 E.B.: 5693 FAX January 8, 2000 Bob Walker Fisher,& Sons, Inc. P. O. ,Box 78-0068 Sebas`fian, Florida 32978 Re: Emergency Dune Restoration Project for Indian River County, Florida KSM 10031 Dear Mr. Walker: Attached please find the Grain Size Analysis and proctors results for the following three (3) soil samples delivered to our laboratory: 1, 99th Street Pit - stockpile `A' 2. Schuman Pit 'A 99th Street Pit - Stockpile `B' tions, please feel free to call. 961 E. -0( `.. J KSM i SCHLEICHER & MacWILLIAM ENGINEERING AN DSEBASTIAN -LER.. (561)589.0712 BT X 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (561) PAX 589.6469 56S BRAIN SIZE ANALYSIS I (ASTM D422) r Date Tested: 1-5-01 Client: Fischer & Sons i Project: Emergency Dune Restoration Project for Indian River County, Florida Job No.: KSM 10031 Location of Sample: 99" Street Pit - Stockpile `A' Walker (Delivered to our office by Bob w/Fischer & Sons, Inc.) Description of Soil: Light Brown Sand Tested By: J.Z. Sample No.: 1 Sieve Weight Percent Cumulative Percent Size Retained Retained Retained Passing No. 4 •0 0.0 0.0 100.0 No. 3-0 2.0 0.4 0.4 99.6 No. 20 3.0 0.6 1.0 99.0 No. 40 135.0 27.0 28.0 72.0 No. 100 315.0 63.0 91.0 9.0 No. 200 40.0 $•0 99.0 1.0 Pan 5.0 1.0 100.0 0 Unwashed Weight = 500.0 gm. Washed Weight = 495.0 gm. Fines By Washing 5.0 gm. Fines By Sieving - 0.0 gm. Total Fines = 5.0 gm. Percent By Dry Weight of Material Passing The U.S. Standard No. 200 Sieve = 1.0 • 40 KSM ® KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. ?O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (561) 589.0712 MELBOURNE (321) 768-8488 B.: 5693 FAX (561) 589.6469 GRAIN SIZE ANALYSIS (ASTM D422) Date Tested: 1-5-01 Client: Fischer & Sons Project: Emergency Dune Restoration Project for. Indian River County, Florida Job No.: KSM 10031 Location of Sample: Schuman Pit (Delivered to our office by Bob Walker w/Fischer & Sons, Inc. Description of Soil: Light Brown Sand Sample No.: 2 Tested By: J.Z. Sieve Weight Percent Cumulative Percent Size Retained Retained & Retained Passing No. 4 .0 0.0 0.0 100.0 No. 10 2.0 0.4 0.4 99.6 No. 20 2.0 0.4 0.8 99.2 No. 40 101.0 20.2 21.0 79.0 No. 100 335.0 67.0 88.0 22.0 No. 200 38.0 7.6 95.6 4.4 Pan 22.0 4.4 100.0 0 Unwashed Weight - 500.0 gm. Washed Weight = 490.0 gm. Fines By Washing = 10.0 gm. Fines By Sieving = 12.0 gm. Total Fines = 22.0 gm. ` Percent By Dry Weight Of Material Patj."ng The U.S. Standard No. 200 Sieve = 4.4 L-1 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND SEBASTIAN (5611))58so 12 -`.0. BOX 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (321) 768.8488 '.B.-.5693 FAX (561) 589-6469 Unwashed Weight = 500.0 gm. GRAIN SIZE _ANALYSIS 494.0 gm. Fines By Washing - 6.0 gm. (ASTM D422) 1.0 gm. Date Tested: 1-5-01 Client: Fischer & Sons Project: Emergency Dune Restoration Project for 200 Sieve = 1.4 Indian River County, Florida Job No.: KSM 10031 Location of Sample: 99`h Street Pit - Stockpile `B' (Delivered to our office by Bob Walker w/Fischer & Sons, Inc. Description of Soil: Brown Sand w/Some Shell Fragments Sample No.: 3 Tested By: J.Z. Sieve Weight Percent Cumulative Percent Size Retained Retained Retained Passing No. 4 .0 0.0 0.0 100.0 No. 10 1.0 0.2 0.2 99'8 No. 20 3.0 0.6 0.8 99.2 No. 40 142.0 28.4 29.2 70.8 No. 100 322.0 64.4 93.6 6.4 No. 200 25.0 5.0 98.6 1.4 Pan 7.0 1.4 100.0 0 Unwashed Weight = 500.0 gm. Washed Weight = 494.0 gm. Fines By Washing - 6.0 gm. Fines By Sieving = 1.0 gm. Total Fines = 7.0 gm. - Percent By Dry Weight Of Material Passing The U.S. Standard No. 200 Sieve = 1.4 7-1 ® i SM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING ANDF® ES SSTIING, INC. I'?.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (321) 768-8488 I :.B.: 5693 FAX (561) 589.6469 4 MOISTURE -DENSITY RELATIONSHIP (ASTM D 1557) DATE January 3, 2000 JOA #: 10031 i CLIENT Fischer & Sons PROJECT Emergency Dune Restoration Project for Indian River County, Florida 108.0-I-----I-----I-----I-----I-----I-----I-----I W I I I I I I I I x107.0 -i-----i-----i-----i-----i-----i-----i-----i G H c�.• /10 6.0 ----'I,,- 104.0---II i ---- TP. 1 .o--------------IIIII-i-------------IIII Ii -----_-----_---II III i R I I I I I I I Y 103.0-I-----I-----I-----I-----I-----I---- i -----i i I I I I I I I I 102.0-I-----I-----I-----I-----I-----I-----I- ---I 7 g 9 10 11 12 13 14 Moisture - Percent Of Dry Weight i Location: 99`" Street Pit - Stockpile `A' ` Soil Description: Light Brown Sand Max. Dry Density: 106.2 P.C.F. Optimum Moisture: 10.0 Percent Ronald G. Keller, P.E. 771 ri K S 1iM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING ANDER ESTING, SSTIAN INC - O. BOX 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (321) 768.8488 :.B.: 5693 FAX (561) 589-6469 MOISTURE -DENSITY RELATIONSHIP (ASTM D 1557) DATE January 5, 2000 JOB #: 10031 1 f CLIENT Fischer & Sons PROJECT Emergency Dune Restoration Project for Indian River County, Florida 108.0-I-----I-----I-----I-----I-----I-----I-- --I W I I I I I I I I T107.0-i-----i-----i-----i-----i-----i-----i-----i G I I I I I I I I H 106.0 -I -----I---- }--}��--i----I-----I--- -i T P. 105.0----I-----I-----I-----I----I-----i-----i C. F.I I I 104.0-I-----I-----i-----I-----I-----I----►-----I R Y 103.0 -i-----i-----i-----i-----i-----i----- I 102.0-I-----I-----I-----I-----I-----I-----I-,---I 5 6 7 8 9 10 11 12 Moisture - Percent Of Dry Weight Location Schuman Pit Soil Description: Light Brown Sand Max. Dry Density: 105.9 P.C.F. Optimum Moisture: 8.5 Percent Ronald G. Keller, P.E. • G K S LYl KELLER, SCHLEICHER & MaCWILLIAM ENGINEERING AND TESTING, I z P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 MELBOURNE (321) 768-8488 E.S.: 5693 FAX (561) 589.6469 MOISTURE -DENSITY RELATIONSHIP (ASTM D 1557) DATE January 3, 2000 JOB #: 10031 CLIENT Fischer & Sons PROJECT Emergency Dune Restoration Project for Indian River County, Florida 105.0-i-----i-----i-----i-----i-----i-----i-----i W I I I I I I I E 104.0-i-----i-----I----i-----I----i-----i---_ G I I I I I I I I T 103.0 -i-----i----i-----i-----i----i-----i_----i I 10 I I I I I I C. 102.0 _i----- I - ----i-----i-----I-----I-----i-----i F. I I I I I I I 101.0 -I----I-----I-----I-----I-----I----I-----I R I I I I I I I I Y 100.0 ------I-----I-----I-----I-----I----I---_-I 99.0-I-----I-----I-----I-----I-----I-----I-----I 5 6 7 8 9 10 11 12 Moisture - Percent Of Dry Weight Location: 991h Street Pit - Stockpile `B' Soil Description: Brown Sand w/Shell Fragments Max. Dry Density: 104.5 P.C.F. Optimum Moisture: 8.5 Percent Ronald G. Keller, P.E. c� N O 0 a v�E2 E3'caE_6_=�_��EE= o- ggggg- -v saw 5€gggi - rr .....�i.Ce�er�...ON i...3 CSC■. :::: 1: :'.::.::D a i3==El =�ag_6�CIa r �' =a 69 MINE NOR M M ==_='s19 em LOPS F -- low lim �epaaE3=gig= pqa fRa® G Mg F=EE 9�a2�=2S-v93 a IBM is - � H8 �d5='e ey�ge°Ecs -- sa�eee-o"°'° � a CD _ c_— _ _ �� ^ate t - • __�' �� cs3r2,• E_ 1 amog�g_�E in _ CCE - - ---=��CC-= �- __--.._---� �� �07���L-��••.� ...:»Gl B:ol:::............. .... ... .�...... ::CEC................... �C 55E� f:� c` jw�ii.■�.ww�r�rw..�.�■■i■■� ■■■■C.Or■ �� ��s- ms 's =®�'us �E S4.94 tumAMa summ—.w • =�mR_ _ N 0 _ O =_rsc cE�c oEco = 2 _Ec cScE E M 5 119§12 5 c �E 3c c c - 3. 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KFIGE 551-461.75M VERO BEA^." 561-567.6167 MAIIT 561.2517711 FAX 561A61-MA0 660.MQ011 i SUMMARY OF GRADATION TEST RESULTS tient: Stewart Mini ng Industries Contractor: Client Site: Indian River County Beach Project Sample Gradation Percent PasAng Date: 1/10/01 Test No.: 1911 Location Sieve Sizes A Stockpile 100.0 10 91'.7 20 93.9 AO 60 go 55.7 10.0 4.7 100 3.2 140 0.7 200 0.2 k. Respectfully submiacd, A.M. ENGWEERING AND TESTING, INC. RICHARD BOYETIE, P.E. Fl Reg. No. 424&5 Copies: Clle►1t - 2 Pan 0 GEOTECHNICALWO1td P"O MUNDAT1Ot7 INVESI7GATIONS CONCRETE. SOIL AND ASPF ALT TESTING r-, 40 U DID 13OND KNOW ALL MEN BY THESE PRESENTS, that we Ranger Construction Industries, Inc. as an Principal) and c��ntsv Compony as Surety a corporation duly organized under the Laws of the State of Florida with its principal offices in the City of Baltimore, MD and authorized to do business in the State of Florida are held and firmly bound unto INDIAN RIVER COUNTY hereinafter called the OWNER in the penal Sum of Five Percent (5%) of the amcunt of the Bid Dollars ($L% of the Bid ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sutra well and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated Januaryt t , 20.01 , for the construction of EMERGENCY DUNE RESTORATION PROJECT NOW, THEREFORE, if the Principal shall not withdraw said bid within the period of time set forth in the contract documents, and shall within ten (10) calendar days after the prescribed forms are presented to Win for signature enter into a written contract with the OWNER in accordance with the bid as accepted, and if the Principal shall give the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and material men, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract, and give such bonds within the time specified, if the Principal shall within sixty (60) days after request by the OWNER pay to the OWNER the difference between the amount 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 he void and of no effect, otherwise to remain in full force and virtue. It is further agreed that if the OWNER is 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. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals this 11th day of January, 20 01 , the name and corpor,rte seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. WITNESSES (if individual) PRINCIPAL Range onstrucbon 1r)dustries, Inc._ By Title,j�Gt A"I 'E (if rp a 'o a Title B'• BID BOND BB I Corporate SURETY By Any claims under this bond may be addressed to: Name and address of Surety United States Fidelity and Guaranty Company P.O. Box 1138 Baltimore, MD 21203 Name and address of agent tai ! r w m .P 44 f, P5 or representative in Florida if diffcrettt from above 505 Rio Casa Drive South Indialantic, FL 32903 Telephone number of Surety and agent or representative in Florida 321-773-9856 ATTEST T' k Title Lh-TOEsS Corporate Seal BID BOND BB 2 • db The9pau1 � �V POWER OF ATTORNEY Seaboard Surety Company United Slates Fidelity and Guaranty Company St. Paul Fire and Morin, insurance Conquusy Fidelity anti Gi ty Insunume ('anquPuny St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company 1 Power or Attorney No. 21219 Certificate No. ,) .^• } .L .J 'I KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under r the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint William Phelps Indialantic Florida of the City of , State , their true and lawful Attomey(s)-in-Fact. _ each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 1St day of December 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. .I St. Paul Mercury Insurance Company ,,41 s 927 FAIL It SBxLSt5 d � JOHN F PH(NN/E� Y. Vice President State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary 1st December 1999 On this day of ,before me, the undersigned officer, personally appeared )ohm F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. St. Paul Fire and ,I Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the l - corporations by themselves as duly authorized officers. *46464,444 ���y��//��� NOT „i p4�(� I In Witness Whereof, I hereunto set my hand and official seal. a PUBII� o My Commission expires the 13th day of July, 2002. ♦� ,;J REBECCA EASLEY-ONOKALA. Notary Public 9f Ctix 1 86203 Rev. 7-2.000 Printed in U.S.A. • • E STATEMENT OF PUBLIC ENTITY CRIMES l This form is a sworn statement under Section 287.133(3)(x), Florida Statutes, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer t oaths. 1) This sworn statement is submitted with Bid, Proposal or Contact No. #3041 for Emergency Dune Restoration Project !_ 2) This sworn statement is submitted by R -y J e A 9- c ®J s T� ti—ri a Q (name of entity submitting swom statement) whose business address is .c,,L-A_Pt! e, ua- if' Re as and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2) My name is nqR J_g t AJ 10 Qab A and my (please print name of individual signing) relationship to the entity named above is % r i C-11 i2",f , r& z t-- 3) I understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means: a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other State or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4) I understand that "convicted" or "conviction" as defined in Paragraph 286.133(1)(b), Florida 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 entry of a plea of guilty or nolo contendere. 5) 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of a natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an amt's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be STATEMENT OF PUBLIC ENTITY CRIMES S1 I.] 40 407Mconsidered an affiliate. 6) 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 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 1, 1989. The entity sullm fitting this sworn statement, or one or more of the officers, dire rs, executives, partn shareholders, employees, members, or agent who are the in management of the en' or an affiliate of the entity have been charged with d convicted of a public entity crime sub uent to July 1, 1989, AND (Please indicat hick additional statement applies.) There has been a proceeding concerning conviction befo hearing officer of the State of Florida, Division of Administrative Hean . The al order entered by the hearing officer did not place the person or affiliate on the co cted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed P46e convicted vendor list. e has been a subsequent proceeding before a hearing icer of the State of Florida, Divjsibqof Administrative Hearings. The final order Bred by the hearing officer determined that i as in the public interest to remove thrson or affiliate from the convicted vendor list. (Please ach a copy of the final ord There person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (signature) /// J,aW (date) STATEMENT OF PUBLIC ENTITY GRIMES S2 STATE OF dl I_ COUNTY OF PERy� ALLY APPEARED BEFORE ME, the undersigned authority, ( 1W,-, /0 (jmAn__ who, after first being (name of individual signing) qrn by me, affixed his/her signature in the space provided above on this %�'�t day of 20 0 / ARY P014L My commission expires: SHERRY LYNN CURTALE AR, o My Comm Ev. 7/27/2003 KAtK' No. CC 838459 I pw.,.My I— I I 00 I.O. L.. STATEMENT OF PUBIC ENTITY CRIMES S3 4.: r-• • SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. #3041 for Emergencv Dune Restoration Project 1. This sworn statement is submitted by: k ri i 6 m e_ [,e.t -r cL.rex a u w1 / u 0 o s i V 110 1 P (Name of entity submitting sworn statement) whose business address is: 4,,f/e feLa6t, _-v-r—oIcX 1PB Fattt,es fit. -74% 4 and (if applicable) its Federal Employer Identification Number (FEIN) is -r9 --.7a 936 4 a- (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. My name is s,..5 U J to M �11✓l (Please print name of individual signing) relationship to the entity named above is 4S t 1!20&1r,- 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 3. I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, halfsister, grandparent or grandchild. 6. Based on information and belief, the statement which I have marked below is true in relation tt the entity submitting this sworn statement. [Please indicate which statement applies.] V Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, 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 any County Commissioner or County employee. i The tors, executive , mp-oyees, mem rs, or agen s w n L. DISCLOSURE OF RELATIONSHIPS SS 1 • INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED. 1) Contractor's Name/Address R%.J s 4► -5/O w e.t ,ter a LcF Q.Q 2) Contractor's Telephone Number: sG 1 — 4,6 ¢ — L 4 G U — i 3) Contractor's License: C [-3 4) Number of years as a Contractor in construction work of the type involved in this contract: b V&A25 5) What is the last project of this nature that you have completed? n 04 OLS I P1 t* 1) 9-0:rxLT10 A LM Q* OPamk zoAl 6) Have you ever failed to complete work awarded to you; if so, where and why? IV e7 7) List the names and titles of all officers of Contractor's firm: PA I IeO ,S �v,4A d RJ f 7O.t .s�� Ki ��Y GLtCfG 58 ✓te.! i&b,.DAA .Ti.�t t�,om"Al �ite_..f p"j, .Ve.+r,/OAicAtrjjd J.tc- 8) Name of person who inspected site or proposed work for your firm: Name: =�S'A W� 4 P+� A d f Date of Inspection: /C;2 T 2 i ,Ltzc� NOTE: If requested by the County, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. /Bidder) LIST OF SUB -CONTRACTORS The Bidder SHALL 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 shall also list the portion of the work which will be done by such Sub -Contractor. After the opening of Proposals, changes INFORMATION REQUIRED yr 6IDDERS I ILue or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor which shall include reasons for such r: request. Sub -Contractors must be properly licensed and hold a valid Certificate of Competency. Work to be Performed Sub -Contractor's Name/Address 2. — 3. 4. 5. 6. 7. Note: Attached additional sheets if required. L INFORMATION REQUIRED OF BIDDERS �W A I i CONTRACT FORMS I I I SECTION TITLE PAGE NUMBER { Agreement A 1-4 Performance Bond PE 1-5 Payment Bond PA 1-5 Sample Certificate of Insurance CI 1 Application for Payment AP I Final Payment FP 1 0 0 1 AGREEMENT INDIAN RIVER COUNTY, FLORIDA EMERGENCY DUNE RESTORATION PROJECT THIS AGREEMENT made and entered into on the day of, 20_, by and between Ranger Construction Ind 4510 Glades Cutoff Road. Fort Pierce. FL., 34979-4589 (Name and Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSED: That the Contractor and the County, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The Contractor shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled: Emergency Dune Restoration Project 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. Article 2. COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within ten (10) calendar days after receipt of the notice -to -proceed and shall complete the project by April 1, 2001 as specified in the Supplementary Conditions, Paragraph 1. The Contractor agrees to reimburse Indian River County, Florida for liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of $ 100 per calendar day in accordance with the schedule of damages listed in Article 8-10.2 of Florida Department of Transportation Standard Specifications. Not to exceed the total amount of the contract. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount $ 833,685.00 Written Amount Eight hundred thirty three thousand, six hundred eighty - five dollars and no cents AGREEMENT 1 of 3 do w 40 Article 4. PAYMENT & RETAINAGE: Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request at not less than monthly intervals. The request must be made through the Engineer on an approved estimate showing the component breakdown of the work totaling the awarded Contract price and the amount of work for each item completed at the time of the request. Except as may be modified herein, ten percent (10%) of all amounts earned will be retained by the County until final completion and acceptance of the Contract. Contractor shall allow adequate processing time for County Commission final acceptance and approval for final payment. Article 5. ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Coastal Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and 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. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to the County Coastal Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Coastal Engineer stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcon- tracting 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 made and still unsettled. Article 6. INDEMNIFICATION: Subject to the monetary imitations in Article 5.3 ofthe General Conditions, the Contractor, upon his part agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. AGREEMENT 2of3 r � 40 Article 7. PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND: The Contractor shall furnish the County immediately upon execution of this Contract 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 with good and sufficient sureties, conditioned upon the performance of this Contract by the Contractor in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such Contractor shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this Contract. The Contractor shall record the Payment and Performance Bond with the Public Record Section of the Indian River Courthouse located at 2000 16th 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 form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 635. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. IN WITNESS WHEREOF, the parties hereto have exe ed this agreement the day and year first written above. (Contractor) Si and s;;Vncleof: r cctor in Attest GL INDIAN RIVER COUNTY (Owner) e c\ n By: GCS —X Attest lr a �+ e - Caroline D. Ginn, CI irman Achrey K. Barton, C e k BCC Approved: 01/30/2001 (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY &-' c C ,� Will Collins, Deputy County Attorney –Tars an er, County Adm m s ra or AGREEMENT 3of3 Indian River County Approved Date Administration Budget Legal 2 Risk Management Department ` 7 G v( Division CG-- I 111 4D lug r INDIAN RIVER COUNTY, FLORIDA EMERGENCY DUNE RESTORATION PROJECT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we Ranger Construction Industries, Inc., 4510 Glades Cutoff Road, Fort Pierce, FL 34079-4558 , as Principal, and United states Fidelity and Guaranty Company, P.O. Box 1135, BaSimore, MD 21203 , as Surety, are held and firmly bound unto the County of Indian River in the sum of o- fAllion Feny-T%wThousand oee Hundred sax and 251100 Dollars ($ 1.042,105.25 ), amounting to 125% 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 i of February 2 , 20_g.1 , entered into between the Principal and the County of Indian River, Florida, for: FEMA Emergency Dune Restoration Project i.. 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 in all respects comply with the terms and conditions of said Contract and his obligations thereunder, including all of the Contract Documents (that include the Advertisement for or Bids, Instructions to Bidders, Proposal, Bid Bond, Contract, Performance Bond, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and 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 sum 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 L-- Principal to properly execute all of the provisions of said Contract. 1 AND, the said Principal and Surety hereby further bind themselves, their successors, executors, L administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may L 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 agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. I PERFORMANCE BOND 4. 1 of 4 T� 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 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. WHEN THE PRINCIPAL IS AN INDIVIDUAL: p Signed, sealed and delivered in the presence of: Witness Signature of Individual r Address Printed Name of Individual i j Witness Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of- Witness f Witness Address Witness Address Name of Firm Signature of Individual PERFORMANCE BOND 2of4 40 Cj J WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Address Witness Address WHEN THE PRINCIPAL IS A CORPORATION: Atte t: W. Secretary Name of Partnership BY: Partner (SEAL) Printed Name of Partner M of (Affix Corporate Seal) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I.bjt1P %j �Ch t , certify that I am the Secretary of the corporation named as Principal in the within bnd; that: m-, I1a,C�(11An(l,who signed the said bond on behalf of the Principal was then jej)e 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 cor6bration,b�atjrorjty of Its governing body. //or. Secretary (SEAL PERFORMANCE BOND of 4 16. 40 TO BE EXECUTED BY CORPORATE SURETY: Attest United States Fidelity and Guaranty Company Corporate Surety P.O. Box 1130 Baltimore, MD 21203 Business Address. '(Afx rpo`rate Sea]) illiam Phel _ Attorney -In -Fact R Rc5toiw George H. Friedlander Company Name of Local Agency 505 Rio Casa Drive South Indialantic, FL 32903 Business Address Telephone: _ Q21) 773-9050 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared William Phelps , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the United States Fidelity and Guaranty Company and that he has been authorized by United States Fidelity and Guaranty Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor, of the ounty of Indian River, Florida. Subscribed and sworn to before me this Zn y Fe , 201. g try Publ} , Sta e o 'Florida My Commission Expires: / EPSHERRY LYNN CURTALE My Comm Ery. 7i2=03> No. CC 858458 I «w'uIN Www 1 I oYr I.D. I PERFORMANCE BOND 4of4 401 Lml DeStPhul Power of Attorney No. POWER OF A'1"I'ORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 21219 United Stales Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 598179 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is it corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized tinder the laws of the State (if Minnesota, and that United Stints Fidelity and Guaranty Company i, a corporation duly organised under the laws of the State of Maryland, and ce that Fidelity and Guaranty Insurance Company is a corporation duly organized under the haws of the Stale of Iowa, and that FiJaity and Guaranty companInsuraies do Underwriters, Inc. is a corporation duly organized under the laws of the State of Wise msin (herein rollerlirelp rolled rhe "C'nnqumir.+"). and that the Companies Jo hereby make, constitute and appoint William Phelps Indialantic Florida of the City of . State _ ,their tine and lawful Atmme}'(s)-in-Fact. each in their separate capacity if more than one is named nbuve, to sign its name as surety m, and to execute. seal and acknowledge any and all bonds, undertaking,. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaraniCCinc the performance of contracts and executing or guaranteeing bunds and undertakings required or pemliued in any actions or proceedings allowed by law.- ' IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and sale) this 1St day oDecem f ber1999 _ . - Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company 0 .� #O^, Uk � rtmraatm JOH v F. PHIn w{sY, vi,. rrc,ia,• i 192z`� 1951 O State of Maryland 'THOMAS E. III1IBRF61'SK A,Ni.lanl S.erelary City of Baltimore On this 16t day of December 1999, before me, the undersigned uHicer, personally appeared John F. 1'hinncy and Thomas F. Huibregtse, who acknowledged theniNcives to be the Vice President and Assistant Secretary. respectively, of Seahuard Surely c+nnpany. St. Pam Fire and Marine insurance Company, St. Pati Guardian Insurance Company, St. Paul Mercury Insurance ('umpany. Und il.State, Fidelity and Guaranty C'ons gmq. Fidelity ;rad Guaranty Insurance Company, and Fidelity and Gu:uanly Insurance Underwriters, lnc.: antl ihnl the Neil, aill , the foregoing instrument are the corporate sal, ul said Companies: and that they. as such, Icing autumzcd +o to dna executed the foregoing instrument iia the pitiful... therein contained by signing the nava, l ill, corporations by themselves as duly authorized officers. ¢��' No ��t� !tp �Lc1E(.(j ' �i/^I�It.w,u�, In Witness Whereof, 1 hereunto set my hunt and official Beni. � NU@VO � ItBiilt('('A P.:xSl.liy'�ONt)KALA. tVoran� {'abbe My Commission expires die 19th day of July, 2(X)2. tae cox `� 86203 Rev. 7-20DO Printed in U.S.A. r � u 40 40 This Power of Attorney is granted under and by the author iI -it the following n•sulutions adupied by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardia" Insarmhce Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc on September 2, 1998, which resolutions are now in full force and effect. reading as follows: RESOLVED, that in connection with the fidelity and solely insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may he signed, executed, and acknowledged by persons or entities appointed as Attumcy(O-in-Pact pursuant to a Power of Auomey issued in accordance with these resolutions. Said Powerls) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice Presidem, or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature ol'such officers may be engraved. primed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Allomey or to any ccnilicale relating thereto aplwinting Atomey(s)-in-Pact for purposes only of executing Lind attesting bonds and undertakings and other writings obligatory in Ute nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate fearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such Power so ewcuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond Lir undertaking to which it is validly attached: and RESOLVED FURTHER, that Atomey(s)-in-Pact shall have the Power and authority, and. in any case, subject to the terms and limitations of the Power of Attorney issued then, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Altorney(s)-in-Fact shall lie as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. tit. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. I'iddity and Guaranty Insurance Company- and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and toregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked- C p IN TESTIMONY WHEREOF, I hereunto set my hand this r, day of urt:ry WM a°`.;^.j°* ,. ,.,,,,�nr .yMry �• `]'�/�/« 10.41) lu Oq' � F° ... } � r;y,o...,�. � i rearmsrro � e • / ' 1w827 ria 1sea,1S ssxr:x 3 t 1977 g ifl51 re ' r.•' Thomas E. Huibregtse. Assistant Secretary. To verify the authenticity of this Power ofAflarney, call 1.800.41/-3880 and ask for the Power of Altorney clerk. Please rrfer to the Power of Atlorney number, the above-named individuals and the details of the bond to which the power is attached. • 40 INDIAN RIVER COUNTY EMERGENCY DUNE RESTORATION PROJECT PAYMENT BOND KNOW LNchiB T E ( TS: op ndu United States Fidelity and Guaranty Company (600) 242.8734 That WC45+0 Glade. Cutoff Road, Fort Pierce, FL 34979 P.O. Box t+38, Bealmors, MD 2+203 �$ Surety, Y , as Principal, and y, are held and firmly bound unto the off ' WXAMWU + Of Eight Hundred Thirty -Three Thousand Six Hundred C Y Ci�r1#��}'st, a 1��L alot ty F and oatoo Dollars ($ 633A85.90 ), 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 2nd day of February 20_11_, entered into between the Principal and the County of Indian River, Florida, for: • FEMA Emergency Dune Restoration Project I 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 i. following terns 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. i 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 paid in full before the expiration of a period of ninety (90) 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 judgment for such sums or sums as may be justly due claimant, and have execution thereon. The City 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: L_ 1. 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. L 2. Unless claimant, or other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete 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. L PAYMENT BvND 1 of 5 ,.n do 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 I ' 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 law. i 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. I 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 1 . 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 Rating t Guide, General Policyholder's rating of "A" and Financial Size Category of Class "V. 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 , 20 , 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. i WHEN THE PRINCIPAL IS AN INDIVIDUAL: i I Witness Signature of Individual i i Address Printed Name of Individual i._ Witness L._ Address PAYMENT BOND 2 of 5 1. lit WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME Signed, sealed and delivered in the presence of: Witness Address Witness Address Name of Partnership BY: Partner (SEAL) Printed Name of Partner WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner (SEAL) Printed Name of Partner Witness Address PAYMENT BOND 3of5 • i WHEN THE PRINCIPAL IS A CORPORATION: f Attest: r a Ranger Construction Industries, Inc. AW.'Secretary Name of rporation BY: (Affix orporate Seal) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I RAIZ i4• 5aUJ:W- , certify that I am the Secretary of the corporation named as Principal in the within bond; that 1.1.1 (1 , 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 Bo as duly signed, sealed and attested for and on behalf of Said corporation by au o of Its n b. dy. 146�1. Secretary (SEAC) TO BE EXECUTED BY CORPORATE SURETY: Attest: UnitevPhelps ity and Guaranty Compa y � �Jcra Cor B03 Busi BY:, (Affie Ss Attomey-In-Fact k. Fl_ lKesta!'r ►�i George H.Friedlander Company Name of Local Agency 505 Rio Casa Drive South Indialantic, FL 32903 Business Address PAYMENT BOND 4of5 Go • 40 The��� POWER OF ATTORNEY Seaboard Surety Company United States Fidclia and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and (;am arty insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21219 Certificate No. 5 9 8 18, KNOW ALL MEN BY THESE. PRESENTS: That S --aboard Surety Company is a corporal;on duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company. St. Pa,.! Guardian Insurance Company and St. Paul Mercury Insurance ('(initially are corporation, duly organized under the laws of the State of Minnesota, and thin United Suns Fidelity and Guaranty Gangway is it coquna[ion duly organised under the laws of the State of Maryland, and That Fidelity and Guaranty Insurance Company is a cogxnation duly organiled under the lata's of the Slate of lova, and then Fidelity and Guaranty insurance Underwriters, Inc. is a corporation duly organized under the haws ul the State of %Visc(insiu Nuprin ndlerrirrly rallrrl rl:e • ('ornponies" ). and ilia[ the Coinpunies du hereby make, constitute and appoint William Phelps Indialantic Florida of the City of _ , State . their true and lawful Attorey(s)-in-Fact, each in their separate capacity if more than one is named above, ur sign its name its surety to, and to execute. seal and acknowledge ;my and all hands, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business or guaranteeing the fidefity of penins, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and scaled this _ 1St day of December -, 1999 Seaboard Surely Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guuranly Insurance Underwriters. Inc. St. Paul Mercury Insurance Company A � i nr0 r9vAaa 1(r11N I'. f ruNNEY. Vice t'—idem 1927 r°"*a;sessxr rg a rasa 1977 1951 mac/ State of Maryland City of Baltimore 1'110SIAS E. HUH B IU.G"ISF.. A,,istam SI—Wrw On this 1St day of _--December _ , 1999, Icrore nae, the undersigned officer, personally apiwared John N I'hinney anti Thomas E. Huibregtse, who acknowledged Ihenselvex to he the Vice ]'resident and Assistant Secretary, revfxctively. ul' Seahumd Surely Congrany, Sr. Paul Piro and Marine Insurance Company, St. Pau] Guardian Insurance Connpany, SI. Paul Mercury Insurance Company. United States Fidelity and Guarana Company, Fidelity and Guaranty insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc: and Ih;a the seals of lixcd to the foregoing instrument are die corfe,rue seats of said Companies; and that they, as such, being authorized so to do, executed the liuegoing instruucnt linthe purfatSes therein cr,n!.iinrd by signing the names of itme corporations by themselves as duly authorized officers. � Nor �i In Witness Whercuf, I hercomo set my hand and official zeal. app ' My Commission expires the 13th day of July, 2(302. ,�SAF adv � 81:203 Rev. 7-2000 Printed in U.S.A. kEltr.l'C A EASILY ONo KAI N. Notary Nblic 40 40 Ll This Power of Attorney is grunted under and by the aitburify of the follotviop resolutions adopted by the Hoards of Directors of Seaboard Surely Company, SI. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, til. Paul Nlercury Insurance ('angary, United State, Fidelity and (ivar;mty ('angary. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Undemmers• Inc on September 2. 1998. which resolutions are now in full force and effect. reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company all bund.. undertaking,. contract, and other imimm rats relating to said business may be signed, executed. and acknowledged by Persons or entities appointed its Avomry(s)-in-I ata pursuant to it I'owur of Attorney issued in accordance with these resolutions. Said Power(x) of Attorney for and on behalf of the Company may and shall be executed in the mune and on behalf of the Company, either by the Chairman, or the President. or any Vice President, or all Assistant Vice President, jointly with lie Secrctary or an Assistant Set recti>. under their respective designations. Tine signature of such utiicers may be engraved, printed or lithographed. "file stgmuure of each of the foregoing officer, and the seal of the Company may be affixed by Iacsimile m any Power of Attorney or to any cerificate relating thereto aplointing Auorneylsl-in-Fact for purposes only of executing and attesting Minds and undertakings and other wrilings obligatory in 1110 nature thereof, and subject to any limitation set forth therein. any such Power of Attorney or cerificale hearing such htcsimiie signature car fac,imile seal shall be valid and binding upon the company. :aid any such Power so executed and certified by such facsimile signature and facsimile seal shall be e;dil ail binding up of the Comparested 10 will' resteto any hood or undertaking to which it is validly attached; and RESOLVED FURTHER. that Attomey(s)-in-Fact shall have the power and authority. and, in any case, subject to the terms ;rad limitations of the Power of Aitomey issued them, to execute and deliver on behalf of the Company and to allach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument exeoned by such Auortcy(s)-in-Fact shall be as hinding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the ('nntpany. 1, Thomas E. Nuibregtse, Assistant Secretary of Seaboard Surety Company. tit. Paul Fire and Marine Insurance Company, Sl. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc. do hereby certify that the above and foregoing is it rote and correct copy of the Power of m Attorney executed by said Copanies. which is in full foray and effect and has not been revoked. IN TESTIMONY WFIF,RF.OF, I hereunto set illy hand this ��� day of —ft80d04Ry —— • �� ®R" 1912 Fluihrcgtse..t„i,tam Sccnaan To verify the authendriq• of tris Power of Alrorney, call 1.800.421-3880 and ask for the Power of Attorttry clerk. Please rifer to dile Power ofA(rorney number, the above-named individuals and the details of the bond to which the Power is attached. STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared William Phelps , to me well known, who being by me first duly sworn upon oath, says �^ °� States Fidelity " `v °"d c°°`°"°""°'"� and that he has been authorized by that he is the attorney-in-fact for the United Stet. fidelity and a--.ty Company to execute foregoing bond on behalf of the CONTRACTOR f named therein in favor of the County of t River, Fl a. ubscribed and sworn to before me this 2nd day of February , 20 ° ' of ublic, of lorida MMC_�n Expires: tp SHERRY LYNN CURTALE (TMT o My Comm Up. 7/2711009 �C ' No. CC BW58 9 pens ^ Kwan I I 00 I.D. PAYMENT QONu 5 of 5 c� L 40 a0090 CERTIFICATE OF LIABILITY INSURANCEcsRaIn1 06108100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER GeorgeH. Friedlander Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 2466 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1566 Kanawha Blvd. 8. Charleston WV 25311 COMPANIES AFFORDING COVERAGE FRIEDLANDER COMPANY I COMPANY A St. Paul Fire &Marine eft 304-357-4520 F No.304-345-8724 ___ PtwINSURED COMPANY B COMPANY C Ranger Construction Industries, Inc. COMPANY P O BOX 15065 WEST PALM BEACH FL 33416-5065 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DDIYY) DATE(MM/DDIYY) I GENERAL AGGREGATE l s 2, 000, 000 A GENERAL IUBILITV X COMMERCIAL GENERAL LIABILITY KXO 1200x30 i 04/01/00 04/01/01 PRODUCTS - COMPIOP AGG 22,000,000 PERSONAL BACV INJURY i$1,000,000 CLAIMS MADE ® OCCUR EACHOCCURRENCE $1,0001000 OWNER'S 6 CONTRACTORS PROT FIRE DAMAGE (Anyone fire) S 50,000 XCU INCLUDED fX MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51,000,000 A PX ANY AUTO X&01200830 04/01/00 04/01/01 BODILY INJURY $ (Per Pam -)r— I I ALL OWNEDAUTOS SCHEDULED AUTOS I Limits evidenced il1re:ir ale those provided $ HIREDAUTOS on behalf of the r tTIOLl insrrad. .imits BODILY �JORY $ R NON•OWNEDAUT09 afforded or behalflof Additional IInsured — are lesser of polic limits. or Iho a limits I PROPERTY DAMAGE $ • —• GARAGE LIABILITY -d in cordilions r)uvcrrr ,q AUTO ONLY -FA ACCIDENT $ s eeh work t bD ANY AUTO by theZln'_`d OTHER THAN AUTO ONLY: In,'.!r(l performed 1 I —_ — I. EACH ACCIDENTS S _ AGGREGATE i S EXCESS LIABILITY EACH OCCURRENCE S 5,000,000 Il X uMBRELUFORM KG012027.55 04/01/00 04/01/01 AGGREGATE s 5,000,000 OTHER THAN UMBRELLA FORM $ TR 'WORKERS COMPENSATION AND X WC SJAT IT OH - EL EACH ACCIDENT S 1,000,000 I __ A THE PROPRIETORI ][ INCL WVEC1201140 04/01/00 04/01/01 EL DISEASE -POLICY LIMIT $1,000,000 �, PARTNERSIEXECUTNE �— OFFICERS ARE: Ey.CL EL DISEASE -EA EMPLOYEE $1,000,000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Emergency Dune Restoration Project, Indian River County, Vero Beach, Florida Board of County Comminssioners, Indian River County named as additional insured. J CERTIFICATE HOLDER CANCELLATION BLAN001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Indian River County EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Coastal Engineering Division 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1840 25h Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Vero Beach, Florida 32960 OF ANYKIND UPON THE COMPANY, ITS AGENTSOR REPRESENTATIVES. ACORD 25-S (1/95) do Go FINAL PAYMENT 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 he is the Contractor with whom Indian River County, Florida, a political subdivision of said state, did on the _ day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: EMERGENCY DUNE RESTORATION PROJECT INDIAN RIVER COUNTY PROJECT #0019 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 employed by such contractor have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. WITNESS: (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this Attest: Notary Public State of Florida at Large My Commission expires: day of , 20 -- (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) FINAL PAYMENT FP 1 Ob Gli±,MIERAL COINID11 TRONS) of the Construction Contract Revised From Engineers' Joint Contract Documents Committee of National Society of Professional Engineers American Consulting Engineers Council American Society of Civil Engineers Construction Specifications Institute 40 A G i f TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number ( Title Page 1 Definitions 9 2 Preliminary Matters 10 3 Contract Documents: Intent, Amending, Reuse 11 4 Availability of Lands; Physical Conditions; Reference Points 12 5 Bonds and Insurance 14 6 Contractor's Responsibilities 15 7 Other Work 20 g Owner's Responsibilities 20 9 Engineer's Status During Construction 21 10 Changes in the Work 22 11 Change of Contract Price 23 12 Change of Contract Time 26 13 Warranty & Guarantee; Tests & Inspections; Correction, Removal or Acceptance of Defective Work 26 14 Payments to Contractor and Completion 28 15 Suspension of Work and Termination 31 16 Arbitration 33 17 Miscellaneous 33 40 40 L] INDEX TO GENERAL CONDI'T'IONS A Access to the Work 132 Addenda -Definition of (See Definition I of Specifications I Agreement -Definition of I "All Risk" Insurance 5,7 Amendment, Written 1,3,4,1 Application for Payment -Definition of I Application for Payment, Final 14,12 Application for Progress Payment Review of 14.4, 14.7 Arbitration 16 Authorized Variations in Work 9.5 Availability of Lands 4.1 B Before Starting Construction 2.5-2.7 Bid -Definition of I Bonds and Insurance -In General 5 Bonds -Definition of I Bonds, Deliver of 2.1,5.1 Bond 5.1,5.2 C Cash Allowances 11.8 Change Order -Definition of I Change Orders -To be Executed 10.4 Changes in the Work 10 Claims, Waiver of -On Final Payment 14.8-14.9 Clarifications and Interpretations 9.4 Cleaning 6.20 Completion 14 Completion, Substantial 14.8-14.9 Conference, Preconstruction 2.8 Conflict, Error, Discrepancy -Contractor to Report 2.5,3.3 Construction Machinery, Equipment Etc. 6.4 Continuing Work Contract Documents -Amending and Supplementing Contract Documents -Definition of Contract Documents -Intent Contract Documents -Interpretation of Contract Documents -Reuse of Contract Price, Change of Contract Price -Definition of Contract Time, Change of Contract Time, Commencement of Contract Time -Definition of Contractor -Definition of Contractor May Stop Work or Terminate Contractor's "All Risk" Insurance Contractor's Continuing Obligation Contractor's Duty to Report Discrepancy in Documents Contractor's Fee -Cost Plus Contractor's Liability Insurance Contractor's Property Insurance Contractor's Responsibilities -In General Contractor's Warranty of Title Contractors -Other Work Contractual Liability Insurance Coordination Copies of Documents Correction/Removal of Defective Work Correction Period, One Year Correction, Removal or Acceptance of Defective Work -In General Cost -Net Decrease Cost of Work Costs, Supplemental D Day -Definition of Defective -Definition of Defective Work -In General Defective Work, Correction/Removal of Defective Work, Acceptance of Defective Work, Rejecting Definitions 6.35 3.4-3.5 1 3.1-3.3 6.40 3.6 11 1 12 2.3 1 1 15.5 5.3 14.15 2.5,3.3 11.4.5.6,11.5.1,11.6- 11.7 5.3 5.3 6 14.3 7 5.3 7.4 2.2 13.11 13.12 13.11-13.14 11.6.2.4 11.4-11.5 11.4.5 1 1 13,14.7,14.11 13.11 13.13 9.6 1 is r i i i �a i i i.. t-, i.. Continuing Work Contract Documents -Amending and Supplementing Contract Documents -Definition of Contract Documents -Intent Contract Documents -Interpretation of Contract Documents -Reuse of Contract Price, Change of Contract Price -Definition of Contract Time, Change of Contract Time, Commencement of Contract Time -Definition of Contractor -Definition of Contractor May Stop Work or Terminate Contractor's "All Risk" Insurance Contractor's Continuing Obligation Contractor's Duty to Report Discrepancy in Documents Contractor's Fee -Cost Plus Contractor's Liability Insurance Contractor's Property Insurance Contractor's Responsibilities -In General Contractor's Warranty of Title Contractors -Other Work Contractual Liability Insurance Coordination Copies of Documents Correction/Removal of Defective Work Correction Period, One Year Correction, Removal or Acceptance of Defective Work -In General Cost -Net Decrease Cost of Work Costs, Supplemental D Day -Definition of Defective -Definition of Defective Work -In General Defective Work, Correction/Removal of Defective Work, Acceptance of Defective Work, Rejecting Definitions 6.35 3.4-3.5 1 3.1-3.3 6.40 3.6 11 1 12 2.3 1 1 15.5 5.3 14.15 2.5,3.3 11.4.5.6,11.5.1,11.6- 11.7 5.3 5.3 6 14.3 7 5.3 7.4 2.2 13.11 13.12 13.11-13.14 11.6.2.4 11.4-11.5 11.4.5 1 1 13,14.7,14.11 13.11 13.13 9.6 1 2.1 9.10 9.11-9.12 2.2 6.22-6.24 3.6 1 4.1 1 6.27 1 9.10-9.12 14.13 14.4,14.13 2.9,9.11-9.16 9.12,9.13-9.16 9 6.3-6.5 6.7 4.2 11.6 1 3.5.1,9.5 14.12 14.11 14.13 14.13-14.14 17.4-17.5 1 2.6,4.10,6.4,6.6,6.28 17.1 13.1 Delivery of Bonds �! Determination for Unit Prices } Disputes, Decisions by Engineer Documents, Copies of Documents, Record ! : Documents, Reuse Drawings -Definition of 1: E l Easements Effective Date of Agreement -Definition of i Emergencies Engineer -Definition of Engineer's Decisions Engineer's -Notice Work is Acceptable Engineer's Recommendation of Payment Engineer's Responsibilities/Limitations Engineer's Limitations on Responsibilities Engineer's Status During Construction -In General Equipment, Labor, Materials and Equivalent Materials and Equipment Explorations of Physical Conditions F Fee, Contractor's -Costs Plus Field Order -Definition of Field Order -Issued by Engineer Final Application for Payment Final Inspection Final Payment and Acceptance Final Payment, Recommendation of G General Provisions I General Requirements -Definition of General Requirements -Principal References to Giving Notice i Guarantee of Work -by Contractor i 1 4 2.1 9.10 9.11-9.12 2.2 6.22-6.24 3.6 1 4.1 1 6.27 1 9.10-9.12 14.13 14.4,14.13 2.9,9.11-9.16 9.12,9.13-9.16 9 6.3-6.5 6.7 4.2 11.6 1 3.5.1,9.5 14.12 14.11 14.13 14.13-14.14 17.4-17.5 1 2.6,4.10,6.4,6.6,6.28 17.1 13.1 iE I Indemnification Inspection, Final Inspection, Tests and Insurance, Bonds and -In General Insurance, Certificates of Insurance, Contractor's "All Risk" Insurance, Contractor's Liability Insurance, Contractor's Property Insurance, Contractual Liability Intent of Contract Documents Interpretation of Contract Documents Interpretations and Clarifications Investigations of Physical Conditions Labor, Materials and Equipment Laws and Regulations -Definition of Laws and Regulations -General Liability Insurance -Contractor's Liens -Definitions of L �T Materials and Equipment -Furnished by Contractor Materials and Equipment -Not Incorporated in Work Materials or Equipment -Equivalent Miscellaneous Provisions Multi -Prime Contracts Notice, Giving of Notice of Acceptability of Project Notice of Award -Definition of Notice of Proceed -Definition Notice to Proceed -Giving of N C 6.36-6.39 14.11 13.3-13.7 5 2.7,5 5.3 5.3 5.3 5.3 3.1-3.3,9.14 6.4,9.4 4.2-4.3 6.3-6.5 1 6.16-6.17 5.3 14.2 6.3-6.5 14.2 6.7 17 7 17.1 14.13 1 1 2.3 I L s i L i L I Indemnification Inspection, Final Inspection, Tests and Insurance, Bonds and -In General Insurance, Certificates of Insurance, Contractor's "All Risk" Insurance, Contractor's Liability Insurance, Contractor's Property Insurance, Contractual Liability Intent of Contract Documents Interpretation of Contract Documents Interpretations and Clarifications Investigations of Physical Conditions Labor, Materials and Equipment Laws and Regulations -Definition of Laws and Regulations -General Liability Insurance -Contractor's Liens -Definitions of L �T Materials and Equipment -Furnished by Contractor Materials and Equipment -Not Incorporated in Work Materials or Equipment -Equivalent Miscellaneous Provisions Multi -Prime Contracts Notice, Giving of Notice of Acceptability of Project Notice of Award -Definition of Notice of Proceed -Definition Notice to Proceed -Giving of N C 6.36-6.39 14.11 13.3-13.7 5 2.7,5 5.3 5.3 5.3 5.3 3.1-3.3,9.14 6.4,9.4 4.2-4.3 6.3-6.5 1 6.16-6.17 5.3 14.2 6.3-6.5 14.2 6.7 17 7 17.1 14.13 1 1 2.3 40 dD i ® i "Or -Equal" Items 6.7 (' Other Contractors 7 Other Work 7 Overtime Work -Prohibition of 6.3 ' Owner -Definition of I Owner May Correct Defective Work 13.14 Owner May Stop Work 13.10 Owner May Suspend or Terminate Work 15.1-15.4 Owner's Duty to Execute Change Orders 8.6 Owner's Representative -Engineer to Serve as 9.1 ' ( Owner's Responsibilities -In General 8 s Owner's Separate Representative at Site 9.3 P Partial Utilization 14.10 Partial Utilization -Definition of I Patent Fees and Royalties 6.14 L Payments, Recommendations of 14.4-14.7,14.13 Payments to Contractor -In General 14 1 Payments to Contractor -When Due 14.4,14.13 Payments to Contractor -Withholding 14.7 1 Permits 6.15 Physical Conditions 4.2-4.4 Physical Conditions -Engineer's Review 4.3 Physical Conditions -Explorations and Reports 4.2 Physical Conditions -Possible Document Change 4.3 �- Physical Conditions -Rice and Time Adjustments 4.3 Physical Conditions -Report of Differing 4.3 Physical Conditions -Underground Facilities 4.3 Preconstruction Conference 2.8 Preliminary Matters 2 Premises, Use of 6.19-6.21 Price, Change of Contract 11 Price -Contract -Definition of I Progress Payment, Applications for 14.2 Progress Payment, Retainage 14.2 Progress Schedule 2.6,2.9,6.6,6.35,15.2.6 L Project -Definition of I Project Representation -Provision for 9.3 Project Representative, Resident - Definition of 1 Project, Starting the 2.4 Property Insurance 5.3 Property Insurance -Receipt and Application - of Proceeds 5.18-5.19 M N 6.25-6.26 5.1-5.2 14.11 14.4-14.7 6.22-6.24 4.10 6.16-6.17 9.6 7.1-7.3 17.5 13.11 1 9.3 6 9 8 14.2 3.6 4.1 6.14 6.25-6.26 6.28-6.34 2 . 6 , 2 . 8 - 2.9,6.6,6.35,15.2.6 2.6,2.8-.2.9,6.28 2.6.3,2.8-2.9,14.1 2.9 6.28-6.34 1 6.7 9.2 1 2.5-2.8 2.4 15.5 13.10 1 6.8-6.13 Protection, Safety and p Public Construction Bond Punch List Recommendation of Payment Record Documents Reference Points ' Regulations, Laws and Rejecting Defective Work Related Work at Site E ; Remedies Not Exclusive Removal or Correction of Defective Work Resident Project Representative - Definition of i._ Resident Project Representative - Provision for Responsibilities, Contractor's -In General Responsibilities, Engineer's -In General Responsibilities, Owner's -In General Retainage Reuse of Documents Rights -of -Way Royalties, Patent Fees and I i L: Safety and Protection Samples Schedule of Progress I Schedule of Shop Drawing Submissions i Schedule of Values Schedules, Finalizing Shop Drawings and Samples L Shop Drawings -Definition of Shop Drawings, Use to Approve Substitutions -- I Site, Visits to -By Engineer l� Specifications -Definition of Starting Construction, Before L Starting the Project Stopping Work -By Contractor Stopping Work -By Owner Subcontractor -Definition of Subcontractors -In General i v M N 6.25-6.26 5.1-5.2 14.11 14.4-14.7 6.22-6.24 4.10 6.16-6.17 9.6 7.1-7.3 17.5 13.11 1 9.3 6 9 8 14.2 3.6 4.1 6.14 6.25-6.26 6.28-6.34 2 . 6 , 2 . 8 - 2.9,6.6,6.35,15.2.6 2.6,2.8-.2.9,6.28 2.6.3,2.8-2.9,14.1 2.9 6.28-6.34 1 6.7 9.2 1 2.5-2.8 2.4 15.5 13.10 1 6.8-6.13 ® �1 i s I L i i i. is i i I f L L _ L l.. Subcontracts -Required Provisions Substantial Completion -Certification of Substantial Completion -Definition of Substitutes or "Or -Equal" Items Subsurface Conditions Supplemental Costs Supplementary Conditions -Definition of Supplementary Conditions -Principal References to Supplementing Contract Documents Supplier -Definition of Supplier -Principal References to Surety -Consent to Payment Surety -Engineer has no Duty to Surety -Notice to Surety -Qualification of Suspending Work by Owner Suspension of Work and Termination -In General Superintendent -Contractor's Supervision and Superintendence Taxes -Payment by Contractor Termination -By Contractor Termination -by Owner Termination, Suspension of Work and- In General Tests and Inspections Time, Change of Contract Time, Computation of Time, Contract -Definition of U Uncovering Work Underground Facilities -Definition of Underground Facilities -Not Shown or Indicated Underground Facilities -Protection of Underground Facilities -Shown or Indicated Unit Price Work -Definition of T 5.16,6.13,11.4.3 14.8 1 6.7 4.4 11.4.5 1 2.2,4.2,5.1,5.3,5.6- 5 . 1 4 , 6 . 3 6.15,6.28,7.4,9.3 3.4-3.5 1 3.6,6.5,6.8- 6.11,6.25,6.29 9.13,9.16,11.8,13.4,14. 12 14.12-14.14 9.13 10.1,10.5,15.2 5.1-5.2 15.1 15 6.2 6.1-6.2 6.18 15.5 15.2-15.4 15 13.3-13.7 12 17.2-17.3 1 13.8-13.9 1 4.5-4.9 4.4,6.25 4.4 1 do 40 Unit Price Work -General 11.9-11.11, 14.1,14.5 Unit Prices 11.3.1 Unit Prices, Determinations for 9.10 Use of Premises 6.19-6.21 6.15,6.25,7.2-7.3 Utility Owners V Values, Schedule of 2.6,2.9,14.1 Variations in Work -Authorized 6.30-6.31,6.33,9.5 Visits to Site -By Engineer 9.2 MAIA Waiver of Claims -On Final Payment 14.16 Warranty and Guarantee -By Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.2 Work -By Others 7 Work Continuing During Disputes 6.35 Work, Cost of 11.4-11.5 Work -Definition of 1 Work Directive Change -Definition of 1 Work Directive Change -Principal References to 3.4.3,10.1-10.2 Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1-15.4 Written Amendment -Definition of 1 Written Amendment -Principal References to 3.4.1,10.1,11.2,12.1 • s 4M GENERA L COT4DI'�'IO��5 ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: i Addenda - Written or graphic instructions issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for 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. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, performance and payment bonds and other instruments of security. Calendar Day - Any day, including Saturdays, Sundays and holidays regardless of weather conditions. Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Contract Documents are defined as those listed in the Agreement and together, comprise the entire Agreement between OWNER and CONTRACTOR. `- ContractPrice - The moneyspayableby OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9 in the case of Unit Price Work.) i Contract Time - The number of days (computed as provided in paragraphs 17.2 and 17.3) or the date t stated in the Agreement for the completion of the Work. t CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any GENERAL GONui IONS GC1 E-3. 40 inspection, reference standard, test or approval referred to in the Contract Documents, or has been ! damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings - The 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 - The person, firm or corporation named as such in the Supplementary Conditions. 1: 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 t , Contract Time. General Requirements - Sections of Division 1 of the Specifications. r 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. r L 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 startto perform CONTRACTOR'S obligations under the Contract Documents. OWNER - The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 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 ofwhich the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawing - 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, GENERAL CC +TIONS GC2 �1 40 z brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions ofthe Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - 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 is sufficiently complete, in accordance with the Contract Documents, so that the Work i (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 completed" as applied to any Work refer to Substantial .: Completion thereof. Supplementary Conditions - The part ofthe Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor. 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 underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work - Work to be paid for on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be famished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. i �- Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.3 or to emergencies under paragraph 6.27. A Work Directive Change may not change the Contract Price or the Contract Time, 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. L GENERAL COK:;MONS GC3 Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non - engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. t ARTICLE 2 - PRELIMINARY MATTERS I Delivery of Bonds: i 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. jCopies of Documents: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of ' reproduction. Commencement of Contract Time; Notice to Proceed: 2.3 The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth (75) day after the day of Bid opening or the thirtieth (13) day after the Effective Date of the Agreement, whichever date is earlier. 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 ofthe Work, CONTRACTOR shall carefully study and compare the CONTRACT Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to + ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall ! obtain a written interpretation or clarification from ENGINEER before proceeding with any e 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, L, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. GENERAL CONDITIONS GC4 s 40 40 L] 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: E% I 2.6.1 An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; c 2.6.2 A preliminary schedule of Shop Drawing submissions; and i 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 i basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of 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 of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Section 5. Preconstruction Conference: 2.8 Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9 At least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from 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 be acceptable to ENGINEER as to form and substance. ' ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: GENERAL CONDITIONS . GG5 i 40 +� 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what f ` is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. f 3.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part l ° thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as 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, 1 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 or Regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or Laws ox Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any ' of their 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, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have know thereof. --. Amending and Supplementing Contract Documents: 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1 A formal Written Amendment, 3.4.2 A Change Order (pursuant to paragraph 10.4), or 3.4.3 A Work Directive Change (pursuant to paragraph 10.1). As indicated in paragraphs 11.2 and 12. 1, Contract Price and Contract Time may only be GENERAL CONDITIONS GCS 40 G 40 changed by a Change Order or a Written Amendment. 3.5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.1 A Field Order (pursuant to paragraph 9.5), 3.5.2 ENGINEER's review of a shop drawing or sample (pursuant to paragraphs 6.32 and 6.33), or 3.5.3 ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. 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 easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions/Available Reports: 4.2 Exploration and Reports; Reference is made in the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 4.3 Unforeseen Conditions: CONTRACTOR shall promptly notify OWNER and ENGINEER in GENERAL CONDITIONS GCS +0 f� f writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. i ENGINEER 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 CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions. Physical Conditions - Underground Facilities: 4.4 Shown or Indicated: The information and data shown or indicated in the Contract 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 It i 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 such information or data; and l ' 4.4.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.25 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. Utilities: 4.5 The word facility as used in this subsection titled "Utilities" includes any pipe conveying gases or liquids and appurtenances attached thereto; cables, conduits, wires, ducts and appurtenances; poles and appurtenances; any ofwhich may be buried below grade or installed at or above grade level. A facility excludes irrigation pipes, service connections and traffic L 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 L subsection titled "Utilities" refers to the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal wiring. 4.6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of the work from the records of the utilities with known facilities in the vicinity of the work. The position of these facilities as derived from such records are shown on the plans. Service connections, irrigation pipes, and traffic signal wiring may not be shown on the plans. The CONTRACTOR shall make his own investigations, including exploratory excavations GENERAL CONDITIONS L GC8 40 40 410 and contact with Utilities, to determine the exact locations and type of existing facilities, service connections, irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be responsible for any damage thereto. 4.7 With regard to paragraph 6.25, damage, injury, or loss resulting in whole or in part from the CONTRACTOR's failure to locate and preserve a facility, service connection, irrigation pipe, or traffic signal wiring shall under no circumstances be deemed attributable to the fault of the Drawings or Specifications or to the acts or omissions of the OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. 4.8 With respect to underground facilities, no claim for a change in the contract price may be allowed unless the CONTRACTOR discovers an underground facility which is not indicated or referred to in the Contract Documents or which is in a position differing materially and significantly from that indicated or referred to in the Contract Documents. If such discovery j is made, the CONTRACTOR shall promptly notify in writing the OWNER, ENGINEER and the Utility. The OWNER may make changes in the alignment and grade of the work in accordance with the section titled "Changes in the Work". 4.9 At no additional cost to the OWNER, the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position differing materially and significantly from that indicated or referred to in the Contract Documents. At no additional cost to the OWNER, the CONTRACTOR shall adjust the top elevation of all valve boxes and manholes to match the finish grade or pavement surface and shall replace, remove, relocate, protect, or temporarily maintain all service connections, irrigation pipes, and traffic signal wiring. The work on the facility, service connection, irrigation pipe or traffic signal wiring shall be done in a manner satisfactory to the Utility, it 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 ENGINEER'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. L ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds: GENERAL CONDITIONS GC9 do VAR S.1 CONTRACTOR shall finish a Performance Bond in an amount equal to 125% of the contract price and Payment Bond in an amount equal to 100% of the contract price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. CONTRACTOR shall furnish the bond on the form provided in these Contract Documents in accordance with this Article 5. This Bond shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise ! provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall I 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 Molding 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 1 of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. i 5.2 If the surety on any Bond famished 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 be acceptable to OWNER. CONTRACTOR's Liability Insurance: i. 5.3 Insurance - General: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required under this Section and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all time thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. 5.3.1 Insurance Requirements: 5.3.1.1 Worker's Compensation: To 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 ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 5.3.1.2 Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: GENERAL CONDITIONS GC10 J • Premises/Operations • Products/Completed Operations i Contractual Liability l Independent Contractors € 5.3.1.3 Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: • Owner Autos Y Hired Autos Non -Owned Autos 5.3.1.4 CONTRACTOR's Property Insurance: CONTRACTOR shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as r may be provided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work, shall insure against the perils of fire, lightning and extended coverage, shall include all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such otherperils as may be 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 replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this f paragraph shall contain a provision that the coverage afforded will not _ be canceled, materially changed or reduced until at least thirty (30) I days' prior written notice has been given to OWNER. .- 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 format and working presented in these Contract Documents before starting work. 5.3.2 Special Requirements: 5.3.2.1. Ten (10) days prior to the commencement of any work under this contract, certificates of insurance and endorsement forms in the exact GENERAL CONDITIONS GC11 40 ® 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 t Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" l Insurance. 1 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 (see paragraph 6.36 and 6.37 of the General Conditions). j I 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. Insured must be authorized to do business and have an agent for service of process in Florida and have an "A" policyholder's rating and financial rating of a 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 the means, methods, techniques, sequences and procedures of construction, L, but CONTRACTOR shall not be responsible for the negligence of others in the design or ' selection of specific means, methods, techniques, sequences or procedures of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. i L 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's j� representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to L GENERAL. CONDITIONS GC12 A '' El f 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 regularworking 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. i 6.4 Unless 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 facilities and all other facilities and incidentals necessary for the i furnishing, performance, testing, start-up and completion of the Work. I 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 furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in i 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 Substitutes or "Or -Equal" Items: 6.7 The procedure for review and consideration of "Substitutions" or "Or -Equal" is outlined in the Supplementary Conditions fConcerning Subcontractor, Suppliers and Others: 6.8 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER or ENGINEER as indicated in paragraph 6.10), whether initially or as a substitute, against whom OWNER or ENGINEER may have GENERAL CONDITIONS GC13 L 40 reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.9 The Bidder must submit with the bid a list of the names of the Bidder's major subcontractors together with the services they will supply. 6.10 OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto within ten (10) days of receipt of the list) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute; the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER or any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. i 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. i_. 6.13 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically e . binds the Subcgntractor 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. I L Patent Fees and Royalties: 6.14 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract L Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any GENERAL. CONDITIONS GC14 license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by 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 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connections with any alleged infringement of such rights. 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 are 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 ofutility 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 orDrawings 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 laws 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 storage of materials and IL equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and GENERAL COMM i iONS GC15 4 • 40 40Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR I ' shall take all precautions to minimize inconvenience to residents living adjacent to the construction site by maintaining access to driveways and providing noise control devices for dewatering equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the l Work, CONTRACTOR 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 f extent permitted by Laws and Regulations indemnify and hold OWNER and ENGINEER I harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. i.- 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 as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by - OWNER. CONTRACTOR shall restore to original condition all property not designed for alteration by the Contract Documents. 6.21 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.22 CONTRACTOR shall maintain in a safe place at the site one (1) record copy of all Drawings, Specifications, Addendas, 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 4 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 L- accurately and completely reflect all deviations from or changes in the original Contract i Documents made during construction of the project. L 6.23 These requirements also supplement those of Article 14. Record documents shall be up -to - I date and available for review by the resident project representative prior to each application L for progress payment. Payment will not be made for construction of items not shown on the record documents. GENERAL CONDITIONS GC16 40 tp 6.24 Not less than two percent (2%) of the contract price shall be retained until correct record drawings, specifications, addendas, modifications and shop drawings are delivered to and reviewed by the ENGINEER. Safety and Protection: t s 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 precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.25.1 All employees on the Work and other persons and organizations who may be affected thereby; i 6.25.1 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.25.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, -walks, pavements, roadways, structures, utilities and Underground Facilities r not designated for removal, relocation or replacement in the course of construction. ' CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.25.2 or 6.25.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, and Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or 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 of CONTRACTOR). i - 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 14.13 that the Work is `- acceptable (except as otherwise expressly provided in connection with Substantial Completion). `W 6.26 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. GENERAL COtdtai i IONS GC17 40 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 Work 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 ENGINEER 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 Requirements) 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 ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.29 CONTRACTOR shall also submit to ENGINEER for review with such promptness as to cause no 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 CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.30 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.31 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review of each such variation. 6.32 ENGINEER will review with reasonable promptness (a maximum of 14 days) Shop drawings and samples, but ENGINEER's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction GENERAL CONUi fiONS GC18 • • • (except where a specific means, methods, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous Csubmittals. 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 I time of submission as required by paragraph 6.31 and ENGINEER has given written review I each such variation by a specific written notation 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 6.30. 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 will be the sole expense and responsibility of CONTRACTOR. L 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 i. CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: i 6.36 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, the OWNER's Representative, the ENGINEER, and their consultants, and each of their officers, employees l and agents harmless from all costs, losses, expenses, damages, attorneys' fees, and other costs, including all costs of defense, which any of them 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 incurredby the OWNER, the OWNER's Representative, the ENGINEER, and their consultants to defend against any claims, stop notices, or lawsuits based thereon in which - any of them is made a party. j6.38 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or any one for whose acts any of them may be liable, the indemnification obligation under paragraphs 6.36 and 6.37 shall not be limited in any way by any limitation on the GENERAL COMA o IONS GC19 40 40 40 amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.39 The obligations of CONTRACTOR under paragraphs 6.36 and 6.37 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval ofmaps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. Interpretation of Contract Documents: 4 6.40 It is the duty of the CONTRACTOR 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 ENGINEER's decision thereon shall be final. Annotated dimensions on drawings shall I govern and work not dimensioned shall be as clarified by the ENGINEER. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Materials of work described in words which have a well-known technical or trade meaning shall be deemed to refer to such recognized standard. ARTICLE 7 - OTHER WORK Related Work at Site: 7.1 OWNER may perform other work related to the Project at the site by OWNER'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 make a claim therefor as provided in Articles 11 and 12. 7.2 CONTRACTOR shall afford each utility owner and other contractor who is a party to such L_ a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together property and integrate with such other work. CONTRACTOR shall not endanger any work of others by others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. ARL MML GENERAL COiii:UIONS GC20 40 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 f promptly report to ENGINEER in writing any delays, defects or deficiencies in such work t that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work 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 otherwise provided in the Supplementary Conditions, p neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such I ; coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. i, 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the - Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. is 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. i_ 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 IL. refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which i have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5 OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 and 5.12. 8.6 OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. L.. 8.7 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in GENERAL CONDITIONS GC21 i. 40 40 } paragraph 13.4. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10, and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION tf OWNER's Representative: 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. i Visits to Site: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of uality of the executed Work and to determine, in construction to observe the progress and q 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 ofthe 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 that 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 GENERAL CO.:'DMONS GC22 EA do extent thereof, CONTRACTOR may make a claim therefor as provided in Article I 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 Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. 9 . Rejecting Defective Work: 9.6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to i be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see L ` paragraph 6.28 through 6.35 inclusive. 9.8 In connection with ENGINEER's responsibilities as to Change Orders, see articles 10,11 and L 12. 19.9 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc, see article 14. L I Determinations for Unit Prices: L 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work { performed by CONTRACTOR, ENGINEERwill 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 C decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, I within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. LDecisions on Disputes: 9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and GENERAL CONDITIONS GC23 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 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matters will be delivered by a claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate ' data in support of the claim. 9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER 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 Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: i_. 9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor 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 to any surety for any of them. 9.14 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import 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). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to ' the provisions of paragraph 9.15 or 9.16. I L 9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. GENERAL CONDITIONS GC24 0 r7 [. 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 10 - CHANGES IN THE WORK 10.1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any f time or from time to time, order additions, deletions or revisions in the Work; 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 are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as F provided in Article 11 or Article 12. 10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to 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 6.27 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1 Changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2 Changes in the Contract Price or Contract Time which are agreed to by the -parties; and 10.4.3 Changes in the Contract Price or Contract Time which embody the substance i of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any i such appeal, CONTRACTOR shall cant' on the Work and adhere to the progress schedule as provided in paragraph 6.35. 10.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice f GENERAL CONDITIONS GC25 k. a q® will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. J-1 f ARTICLE 11 - CHANGE OF CONTRACT PRICE I u 11.1 The contract price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. S 11.2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim j and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a ! ' result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment f in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9 through 11.11, inclusive). 11.3.2 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 1— 11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided paragraphs 11.6 and 11.7). Cost of the Work: 11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: GENERAL CONDITIONS GC26 40 r" 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon p by OWNER and CONTRACTOR. Payroll costs for employees not employed l full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages ( plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, F vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be f. included in the above to the extent authorized by OWNER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field i services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be detennined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5 Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which GENERAL CONDrrIONS GC27 a ao 40 are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. i 11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer i necessary for the Work. ' 11.4.5.4 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. i 11.4.5.5 Deposits lost for causes other than negligence ofCONTRACTOR, and Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6 Losses and damages (and related expenses), not compensated by insurance or by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.14), provided they have resulted from causes other than 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. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost ofpremiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.14. GENERAL CONDITIONS GC28 • �® MI IN 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, and contracting agents, expediters, timekeepers, clerks and other .purchasing 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 or specifically covered by paragraph 11.4.4 -all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, including but not limited to, the correction of defective Work. Disposal of materials or equipment wrongly supplied and making good any damage to 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 11.4. CONTRACTOR's Fee: 11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1 A mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2 A fee based on the following percentage of the various portions of the Cost of the Work: 11.6.2.1 For costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be fifteen percent (15%); GENERAL CONDITIONS GC29 ELI do '7 11.6.2.2 For costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent (5%); and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent (15%); f 11.6.2.3 No fee shall be payable on the basis of costs itemized under paragraphs 11.4.4,11.4.5 and 11.5; 11.6.2.4 The amount of credit to be allowed by CONTRACTOR to OWNER for any such 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%) ofthe net decrease; and 11.6.2.5 When both additions and credits are involved in any one charge, the i adjustment in CONTRACTOR's Fee shall be computed on the basis 1 _ of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 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. S Cash Allowances: 11.8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 1. 11.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof of any thereof will be valid. i L` Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. GENERAL CONDITIONG GC30 771 10M r, Unit Price Work: 1 11.9 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be 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 are 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 ofUnit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10 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 CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other items of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. i ` ARTICLE 12 - CHANGE OF CONTRACT TIME f 12.1 The Contract Time may only be changed by a change order or a written amendment. any claim for an extension or shortening of the contract time shall be based on written notice delivered by the party making claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating thegeneral nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by 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 if not 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 beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others 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 not entitle the CONTRACTOR to any additional compensation. The sole remedy of the GENERAL CONDITIONS GC31 do 40 0 CONTRACTOR shall be an extension of time obtained in accordance with Article 12. 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective 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 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, 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. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 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 same and ENGINEER has not acted with reasonable promptness in response to such notice. GENERAL CONDMONS GC32 [1l 40 w ® 13.7 Neither observations by ENGINEER nor inspections, tests orapprovalsby others shall relieve CONTRACTOR form CONTRACTOR's obligations to perform the Work in accordance with k 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 f CONTRACTOR's expense. F < 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR. at ENGINEER'S request shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and i . charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may 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 11 and 12. OWNER May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or 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 give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any L other party. Correction or Removal of Defective Work: 13.11 If required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, LY whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including IL but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. i L One Year Correction Period: I L GENERAL CONDITIONS GC33 L 0 0 ® 13.12 If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by an specific provisions of the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with 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 nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or 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 of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the . Specifications or by Written Amendment. 1 Acceptance of Defective 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 L accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such f defective Work (such costs to be approved by ENGINEER as to reasonableness and to I include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate i 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. i OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to �_.. proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails L 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 GENERAL CONDITIONS GC34 40 i 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 the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all 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 1 shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLI 11- PA ENIS TO CONTRACTOR AND COMPLETION i Schedule of Values: 14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. i Application for Progress Payment: 14.2 At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR 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 j 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 l_. 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. CONTRACTOWs 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 Proj ect 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: M L GENERAL CONDITIONS GC35 • 40 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, G 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 f 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 CONTRACTOR. t 14.5 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design proff-sional and on ENGINEER's review of the Application for Payment and the accompanying data and 1 . 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 Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6 ENGINEER's recommendation of final payment will constitute an additional representation i..: by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. i j 14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. i ENGINEER may also refuse to recommend any such payment, or, because of subsequently i . 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: L 14.7.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, L 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 i_ accordance with paragraph 13.14, or GENERAL. CONDITIONS i GC36 I i. O O O n� 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. 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 OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection ofthe Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen (14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendations will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: GENERAL_ CONDITIONS GC37 40 40 40 14.10 Use by OWNER of any finished part of the Work; which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the 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 CONTRACTOR 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. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time 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, CONTRACTOR 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 recommendation as to the division ofresponsibilities 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 the 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. GENERAL CONDITIONS GC38 w 40 I 14.10.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.21 in respect of property insurance. Final Inspection: f 1 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and l will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures I , as are necessary to remedy such deficiencies. 1 Final Application for Payment: 14.12 After CONTRACTOR has completed all such convections 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 i effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in �- connection with the Work. In 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 been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review ofthe final Application for Payment and accompanying �- documentation -all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt ofthe 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 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 final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER ofthe Application and accompanying documentation, GENERAL CONDITIONS y GC39 rr do 0 ® in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14 If, through no fault ofCONTRACTOR, final completion ofthe Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final application for Payment and recommendation of ENGINEER, and without terminating the 1 Agreement, make payment of the balance due for that portion of the Work fully completed i and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been i furnished as required in paragraph S. 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully competed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made undet the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: ` 14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the I Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of anotice of acceptability by ENGINEERpursuant to paragraph 14.13, nor any correction of defective 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 patagraph 14.16). Waiver of Claims: 14.16 The making and acceptance of final payment will constitute: E . 14.16.1 A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations 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. GENERAL CONDITIONS GC40 ® ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION: OWNER May Suspend Work: 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for k a period of not more than ninety (90) 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 t suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12. OWNER May Terminate: l: 15.2 Upon the occurrence of any one or more of the following events: i t 15.2.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a f petition or otherwise under any other federal or state law in effect at such time �- relating to the bankruptcy or insolvency; i 15.2.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed 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 CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5 If CONTRACTOR admits in writing an inability to pay its debts generally as 4_ they become due; 15.2.6 If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7 If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; GENERAL CONDITIONS GC41 • 40 ®; 7 15.2.8 If CONTRACTOR disregards the authority of ENGINEER; or 15.2.9 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. 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 ofthe Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and r 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 E CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. i 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. i 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 i and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and i, arbitration costs). ' Contractor May Stop Work or Terminate: e. 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to 6" OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, i l.. GENERAL CONDITIONS i GC42 J 40 CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not Cid relieve CONTRACTOR of the obligations under paragraph 6.35 to carry on the Work in i accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16 - ARBITRATION 1 16.1 Before bringing any action in any court of competent jurisdiction pertaining to any claim, i dispute or other matter in question arising out of or relating to the Contract Documents or the breach thereof, in an amount less than $25,000, except for claims which have been waived by the making and acceptance of final payment as provided by Article 14, the i claimant/objector (Party A) shall first offer to arbitrate the question(s) with the other party to e the contract (Party B) by notifying him in writing and setting forth in such notice the question(s) to be arbitrated. i 16.2 Party B can select to arbitrate or not. If Party B agrees to arbitrate he shall so advise Party A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he does not wish to arbitrate or failure of Party B to notify 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 ofthe American Arbitration Association except as modified herein. t In such event, the agreement to arbitrate shall be specifically enforceable under the provisions of the Florida Arbitration Code, S682, 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 filed with the ENGINEER. Notice of demand for arbitration shall be served on the parties referred to herein no later than thirty (30) days from the date Party B agrees to arbitrate the issues in question. Failure to serve the notice of demand for arbitration shall constitute a waiver and abandonment of the claims for which arbitration is sought. Notice of demand for arbitration shall in no event be made on any claim, dispute or other matter in questions which would be barred by the applicable statue of limitations. 16.5 If the dollar amount of the claim exceeds $25,000, arbitration may only be utilized if both Party A and Party B agree to arbitrate. 16.6 The CONTRACTOR shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. i 16.7 The Florida Rules ofCivil Procedure pertaining todiscovery shall apply toboth part iesdunng GENERAL CONDITIONS GC43 dis • [7] arbitration, and, at the OWNER's sole option, any and all arbitration arising out of or relating to any of the Contract Documents or any breach thereof shall include by consolidation, joinder, or joint filing any additional person or entity not a party to this Agreement to the 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. 16.9 The surety shall be bound by the arbitration award to the same extent as the CONTRACTOR is bound. 16.10 The arbitration panel shall submit a written opinion with findings of fact and conclusions o law stating the basis for the decision made, and including an award of arbitration that may be confirmed by a court of competent jurisdiction. 16.11 Unless OWNER agrees to the contrary, the location of any and all arbitration proceedings shall be in the county in which the Project is located. ARTICLE 17 - MISCELLANEOUS i Giving Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a 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 certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 4 17.3 A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. General: �-' 17.4 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other part's employees or agents or others for a whose acts the otherparty is legally liable, claim will be made in writing - to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.4 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. l_ GENERAL, CONDITIONS GC44 LA • 44 17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.36,6.37,13.1,13.12,13.14,14.3 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 of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. GENERAL CONDITIONS GC45 SUPPLEMENTARY 1®TI)ITICIS I E SUPPLEMENTARY CONDITIONS TO GENERAL CGI`41DI'I'IONS A. Introduction These Supplementary Conditions amend or supplement the General Conditions (GC) of the ` Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. B. Bidder's Qualifications 1 , (These paragraphs supplement paragraph 3 of the Instructions to Bidders.) 1. As set forth in the Instructions to Bidders, the apparent low Bidder, and any other Bidders so requested by the OWNER, shall submit within five days of written request, i an audited financial statement, a list of major pieces of construction equipment owned by the Bidder and documentation demonstrating the Bidder's compliance with the j qualifications listed below: 1. BIDDER must have at least five years' experience in the construction of similar ( projects of this size and larger. a) BIDDER must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. b) BIDDER must have good recommendations from at least three clients similar to the OWNER. C) The BIDDER'S superintendent and assistants must be qualified and experienced in similar projects in all categories. d) Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 2) The OWNER reserves the right to reject Bids from Bidders that are unable to meet the t- listed required qualifications. C. Definition of Terms: Where the following terms, or their pronouns, occur herein, the intent �— and meaning shall be as follows: OWNER: Indian River County, Florida 1840 25th Street Vero Beach, Florida 32960 i ENGINEER: Department of Public Works Coastal Engineering Division Indian River County, Florida 1840 25th Street Vero Beach, FL 32960 SUPPLEMENTARY CONDITIONS SC 1 1w do 40 40 BIDDER: Any person, firm, or corporation submitting a Bid Proposal for the project. CONTRACT: The agreement executed by the OWNER and Bidder given the Award for the Project, including all Contract Documents. CONTRACT DOCUMENTS: Advertisement for Bids, Introduction to Bidders, Instructions to Bidders, Bid Bond, Bid Proposal, Statement on Public Entity Crimes, , Information Required of Bidders, Agreement, Certificate of Insurance, 'Payment Bond, Performance Bond, General Conditions, Supplementary Conditions, Technical Provisions, Drawings, Appendix, American Society for Testing and Materials Standards, together with all Addenda and Change Orders issued with respect thereto. 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. i D. Dela 1. No forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR (including but not restricted to Acts of God or of the public enemy, acts of the government, acts of the OWNER, or acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the OWNER or the owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not entitle the CONTRACTOR to any additional compensation. The sole remedy of the CONTRACTOR shall be an i extension of time obtained in accordance with this section. i 2. The CONTRACTOR shall, within five days from the beginning of any such delay, i notify the OWNER in writing of the cause of delay, whereupon the OWNER shall ascertain the facts and extent of the delay and extend the time for 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. E. Substitute or "or-EquaL Items (These paragraphs supplement Article 6 of the GC.) 1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required and to establish a basis for bidding. Unless the name is followed by words indicating that no substitution is permitted, substitute materials or equipment may be reviewed by Engineer if sufficient information is supplied by CONTRACTOR to SUPPLEMENTARY CONDITIONS SC 2 40 C 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 1 considered only after a contract for the Work is awarded. 2. If CONTRACTORwishes to furnish or use a substitute item ofmaterial or equipment, f CONTRACTOR shall make written application to Engineer for review thereof, ! ' certifying that the proposed substitute will perform the functions and achieve the results called for by the Contract Documents, be similar and of equal substance to that i specified and be suited to the same use as that specified. The application will state that the evaluation and review of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not review of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER ! for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. 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 L for the review cost. Le) Engineer may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. L4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or Lutilize 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 j required by the Contract Documents. The procedure for review by Engineer will be t. SUPPLEMENTARY CONDITIONS Sc 4P 40 similar to that provided in paragraph G.1 as applied by Engineer (and as may be supplemented in the General Requirements). 5. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an r, indemnification by the CONTRACTOR. Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse OWNER for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. 6. Substitute materials or equipment maybe proposed for acceptance in accordance with these paragraphs (F.1 through F.6). In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the OWNER and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. F. Permits 1. As set forth in paragraph 6.15 of the GC, the OWNER has obtained the following permit: a) FDEP Permit No. IR -601 2. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of these permits to the OWNER and Engineer and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during 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. G. Tests and Inspections (This paragraph supplements paragraphs 13.4 and 14.5 of the GC.) With regard to paragraph 13.4 of the GC, notice is hereby given that the OWNER may at any time during placement of material extract samples for independent testing. All other tests required in the Contract Document shall be provided by the CONTRACTOR. SUPPLEM[-: NTARY CONDITIONS SC 4 H. Familiari)X with Laws R The CONTRACTOR is assumed to be familiar with and shall comply with all Federal, State 4 and Local laws, ordinances, rules, codes, and regulations that may affect the work. Ignorance on the part of the CONTRACTOR will in no way relieve him from the responsibility of ft compliance therewith. All work and materials shall comply with those laws. 4 I. Commencement and Completion Of Work The CONTRACTOR will be required to commence work under this Contract within ten (10) t calendar days after the date of receipt by him of the Notice to Proceed, and to complete the work by April 1, 2001. The time stated for completion shall include final clean-up of all access locations and premises. t : J. Overtime Work 1. Work shall be performed during regular working hours. Regular working hours are defined as Monday through Friday, excluding County Holidays, from 7 AM to 5 PM. 2. County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and 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. L: 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, l.: shall be borne by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the ! CONTRACTOR. L_ 5. No work shall commence before 7 AM or continue after 7 PM except in case of emergency upon specific permission of the Engineer. 6. In order to meet the specified completion date of April 1, 2001 (start of turtle nesting i season), the contractor may requests permission from the Engineer to work during L times prohibited above. K. Liquidated Damages The amount of liquidated damages for the Project is hereby established as one hundred dollars 4: ($100.00) per calendar day. Liquidated damages apply to all portions of the Project. Liquidated damages may be deducted from monies due the CONTRACTOR and shall not j exceed the total contract price. SUPPLEMENTARY CONDITIONS 7 SC to C] L. Intemretations of Plans and Contract Documents 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. Failure to discover or convect errors, conflicts or discrepancies shall not relieve the CONTRACTOR of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at his own expense. He will not be allowed to take advantage of any error or omissions, as full instructions will be furnished by the 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. M. Changes Extra And Omitted Work It is mutually agreed that no change involving change in cost, either to the OWNER or CONTRACTOR, shall be made except upon written permission of the OWNER. Extra work shall be paid for as set forth in this Paragraph. Omitted work shall be credited against the money due the CONTRACTOR by one of the methods described in this Article. The CONTRACTOR shall make no claim for extra work unless it has been approved by the OWNER in writing and in advance of the work, except that the CONTRACTOR may proceed to meet an emergency condition if the OWNER'S representative is not available. Work required by surface or subsurface conditions, or both, other than were foreseen by Bidder at the time of bidding but could have been discovered by test borings or other testing methods, shall not be considered extra work. 2. The Engineer shall, in all cases of dispute, determine the amount or quantity of the several kinds of work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. 3. Any work not herein specified, which may be fairly implied as included in the Contract, of which the Engineer shall adjudge, shall be done by the CONTRACTOR without extra charge. 4. The Contract price may only be changed by a Change Order as authorized by the County Commission. This includes extra work. Authorization of extension of time shall not constitute a waiver of liquidated damages. Work required by surface or subsurface conditions, or both, other than were foreseen by CONTRACTOR prior to signing the Contract but could have been discovered by test borings or other testing methods, shall not be considered extra work. 5. The OWNER may, at any time by a written order and without notice to the sureties, require the performance of such extra work as it may find necessary or desirable arising out of the modification of the Contract Drawings. All work so ordered must be performed by the CONTRACTOR. The amount of compensation to be paid to the CONTRACTOR for any work so ordered shall be determined as follows: SUPPLEMENTARY CONDITIONS Sc E 4P 0 C N. a) 'By such applicable unit prices, if any, as are set forth in the Contract; or b) If no such unit prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the OWNER and CONTRACTOR; or C) If no such unit prices are so set for in the contract and if the parties cannot agree upon a lump sum or other unit prices, then by the actual net cost in money to the CONTRACTOR of the extra work performed and the cost shall be determined as follows: 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. 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. 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 ofthe authorizedwork, 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 sum. 4) The CONTRACTOR'S profit shall be computed by taking ten (10%) percent of the sum of items 3(a) (less the 15% added) and 3(b) above. The total cost of performing this extra work shall then be the sum of items 3(a), 3(b), 3(c), and 3(d). 6. Records of extra work done, if any, shall be reviewed at the end of each day by the CONTRACTOR or his representative and at the discretion of the Engineer, duplicate copies of accepted records made and signed by both CONTRACTOR or his representative and the Engineer, and one copy retained by each. Inspection and Acceptance of the Work SUPPLEMENTARY CONDITIONS SC 7 40 40 i, ® i The Enginc r or his representative will visit the site from time to time to observe the progress and quality of the work. rhe Engineer has the authority to disapprove or reject work which f is defective. Such work shall be removed and replaced or repaired in a manner satisfactory to the Engineer. Until defective work is satisfactorily corrected, the Engineer will assign a value of the work and retain that from any payments that may be due the CONTRACTOR. { ! The CONTRACTOR shall provide all samples and facilities and work necessary for the 1 testing and inspection. Fill material will be tested for compliance by an independent testing laboratory retained by the County, if deemed necessary. II i Upon notification by the CONTRACTOR, the Engineer will perform final tests and inspections. Should this reveal defective work those defects must be immediately corrected, after which additional tests and inspection shall be conducted by the Engineer to determine acceptability of the work. Upon acceptance of corrected defective work, this shall constitute finaf acceptance of the work. O. Guarantee In addition, warranties of merchantability and fitness of purpose guaranteed by the Uniform Commercial Code and made a part hereof, all work or materials furnished by the CONTRACTOR under this Contract shall be guaranteed by him against mechanical and physical defects, breakage, and other damages and failure, under normal operation, for a period of one (1) year from the date of final acceptance. All work or materials found to be defective from routine, normal operation within the specified guarantee period shall be replaced by the CONTRACTOR at his expense. The period of guarantee of each such replacement shall be one year from and after the date of installation thereof. P. Liens 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 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 following paragraph in all subcontracts hereunder "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name). pursuant to Chapter 255 of the Florida Statutes This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after 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, W have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit claim any and all rights he may enjoy v SUPPLEMENTARY CONDITIONS j SC 8 4.y 40 ® to perfect any lien or any other type of statutory common law or equitable lien against the job. ( Q. Performance and Payment Bonds(Surety) 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 t Payment Bond in an amount equal to 100% of the contract price. The CONTRACTOR shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. f The CONTRACTOR is required at all times to have valid Performance and Payment Bonds i in force covering the work being performed. A failure to have such bonds in force at any time shall constitute a default on the part of the CONTRACTOR. If the surety writing the Performance and Payment Bonds becomes disqualified, then this shall automatically constitute a failure on the part of the CONTRACTOR to meet the above requirements. I i 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 II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the owner. Such Bonds shall continue in effect for one (1) year after completion and acceptance of the i_• work. R. Protection of Public t 1. The CONTRACTOR shall erect and maintain barricades and sufficient safeguards around all excavation, embankments or obstructions; he shall place sufficient amber lights at or near the work, keep the same burning from sunset to sunrise, employ watchmen and strictly obey all laws and ordinances controlling or limiting those engaged on similar work. All maintenance of traffic work shall comply with Section a 102 and Special Provision Item 102-1 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 2. Where there are telephone, telegraph, light, or power poles, water main, conduits, pipe, or drains; or other construction either public or private; in or on the streets or alleys; the work shall be so conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given and all the facilities afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. } 3. The CONTRACTOR will not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the work of conducting the various items of this Contract shall proceed in an orderly, systematic and progressive manner. SUPPLEMENTARY CONDITIONS Sc 9 ob S. Measurement and Payment (' 1. Work under this contract will be paid on a unit price or lump sum basis as outlined on the Bid Form for the quantity of work installed. 3' 2. Measurement shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction unless otherwise provided in the Technical Provisions. t 3. Any pay items for which a specific item is not included shall be included in the price 1: of the pay item to which it pertains or is associated. 4. Any items not shown or omitted that are required for a complete installation shall be t furnished and installed by the CONTRACTOR at no additional cost to the OWNER. ( 5. The prices shall include all labor, materials, tools, equipment required to complete the ( work. 6. No additional payment will be made for well pointing or other methods of dewatering t excavations. 7. Payment for repair and replacement of existing utilities will be included in the unit t-- price or lump sum bid amount for the related new construction bid item. T. Engineering and Layout t 1. Engineering and layout work shall comply with Section 5-7 of the "Standard Specifications". 2. Construction Staking. The CONTRACTOR will furnish all construction staking for the project. All staking t from control will be under the supervision of a Florida Registered Land Surveyor. i.: 3. Payment. 1... The cost ofperforming 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 1 separate payment will be made for surveying or engineering. SUPPLEMENTARY CONUTIONS SC 10 40 r TECHNICAL PROVISIONS SECTION TITLE PAGE NUMBER { 1. Scope of Work ....................................................... TP 1 2. Provide Fill.......................................................TP 1 . 3. Fill Characteristics....................................................TP 1 + 4. Unsuitable Material ................................................... TP 1 5. Inspection Notification ................................ ................ TP 2 6. Submittals.......................................................I.. TP 2 7. Pre -Construction Meeting ............................................. TP 2 8. Layout of Work/Staking...............................................TP 2 9. Construction Access/Stockpile Areas.....................................TP 3 t10. Work Area..........................................................TP 3 11. Fence.............................................................. TP 3 f 12. Project Sign ......................................................... TP 3 i.' 13. Permits and Licenses .................................................. TP 3 14. Legal Restrictions and Traffic Provisions .................................. TP 4 15. Transport/Delivery TP 4 16. Material Placement ................................................... TP 5 17. Permissible Work Days and Hours ....................................... TP 6 18. Final Clean Up ....................................................... TP 6 �. 19. Payment............................................................TP 6 20. Mobilization/Demobilization Payment....................................TP 6 21. Turtle Nesting Season ................................................. TP 7 22. City of Vero Beach and Walt Disney World Resort ..........................TP 23. Environmental Protection .............................................. TP 7 �A 40 O ( TECHNICAL PROVISIONS Scope of Work The project consists of providing, delivery, placement and grading of beach compatible sand to various locations along the Indian River County coastline. Bidders shall furnish all labor, materials, equipment and services necessary to complete to describe work in these specifications. + 2. Provide Fill The Contractor shall load and weigh (before and after loading) the trucks used to transport the fill from the pit to the construction site. The trucks used to transport the fill from the pit to ' the construction site. The trucks shall be weighed empty, loaded with fill (described in #3 f below) and weighed full in a location that is easily accessible and will cause no delay in the transport of the fill to the construction site. The Contractor shall have available such equipment as will be necessary to collect the fill, store the fill and to load the transport trucks t and weigh the trucks full and empty, without interruption. The scales used for weighing the trucks shall be certified by The Florida Department of Transportation 3. Fill Characteristics The construction sites are located in throughout Indian River County. Fill shall be paced seaward of the existing dune as shown in the construction drawings. The Contractor j understands and agrees the purpose of this Agreement is to renourish the beach with sand t_ which matches the existing sand on the beach within the project area in all characteristics and the Contractor shall provide fill sand material which matches the existing sand on the site in both coloration and grain size. Samples obtained from the general project areas and tested in �- the year 2000 show mean grain sizes ranging between 0.3 and 0.4 mm and percent fines averaging 1.4%. If any questions arise that the coloration of the fill sand does not match the existing sand, the County Coastal Engineer shall be the sole judge to determine if the - coloration of the fill sand is consistent with the existing sand. All fill material shall be free from construction debris, rocks, clay or other foreign matter, and shall be obtained from a source landward of the coastal construction control line or from a source authorized pursuant L. to Section 161.041, Florida State Statutes. The fill the Contractor provides shall have less than 2%fines (passing through the #200 sieve) or gravel exclusive of shell material (retained by the #4 sieve) and shall be free of coarse gravel or cobbles. Specifically, the fill shall be coarse to medium sand sized material (.25-1.0 mm, Wentworth scale) composed of quartz sand and carbonate shall fragments. The fill material must also be visually similar to the sand �. on the native beaches. An analysis shall be performed by a certified independent testing laboratory and the results submitted on the Grain Size Distribution graph required in the Bid j Proposal. A moisture content analysis and modified proctor test are also required. Grain size, sorting, percent fines, composition and volume must be verified on these report. All fill furnished under this Agreement must comply with this technical specification and any 1 deviation from this specification may result in a materials breach of the Agreement. Any fill which the Contractor provides which does not meet this specification shall be removed and 4 replaced at the Contractor's expense. t' 4. Unsuitable Material Samples of the fill will be collected and tested by the County periodically throughout the L D do • • construction project. In the event that unsuitable material is detected as part of these procedures, the Contractor will immediately stop famishing such material and shall be responsible for immediately removing the unsuitable material prior to any further construction. Any unsuitable material shall be removed at the expense of the Contractor in a manner approved by the Engineer. Burial of material which does not meet these specifications within the beach fill is prohibited. The grain size distribution, color and texture fill of the typical fill material provided by the Contractor shall be equivalent to the data and samples provided by the Contractor as part of the bidding process. 5. Inspection Notification The Contractor shall notify the Engineer as to the time and date at least two (2) days prior to ( t. the event. 1 6. Submittals Borrow Source Data and Sample - In addition to other requirements described elsewhere in , these specifications, potential Contractors shall submit the following data as part of the Bid f each site location described.: (a) Mobilization onto the site, (b) Initiation of access road stabilization. (c) .Initiation of fill removal from sand pit, (d) Completion of fill delivery and final grading, (e) Demobilization and final clearing. 1 l Failure to comply may constitute a cause for rejection of work completed. 7. Pre -Construction Meetine Prior to commencement of construction, the Contractor shall meet on site with the Engineer and FDEP representative to verify the construction access, and pre -construction conditions of the site (photographs will be taken by the Engineer.) A final trucking route will be submitted by the Contractor for review by the Engineer. At this meeting, the Contractor shall provide the Engineer with a schedule for the work. The Contractor shall also meet with the Engineer and the area residents. The Engineer shall establish guidelines for the safety plan. The Contractor will devise and submit a safety plan in writing for review and acceptance to the Engineer prior to beginning construction. The safety plan will contain provisions for at least: l) Fencing to exclude the public from the construction area, 2) Restrictions on vehicle speed, 3) Means of protection from existing vegetation (fencing), and 4) Construction Site No Trespassing signs. The Contractor will be responsible for implementing the safety plan for the safety of the people in and adjacent to the project area during construction. The Engineer, after discussion with Contractor shall approve methods of construction staking at this meeting. The Contractor has received copies of the environmental permit as part of these �- bid documents. The Contractor shall review this document and submit to the Engineer, a letter stating that it has reviewed and shall comply with the permit conditions as they apply to the Contractor's work specified in the contract. 8. Layout of Work/Staking From the vertical and horizontal control established by the Engineer, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work. All project sites lie within the FDEP survey system �. with monuments located approximately every 1000 feet of shoreline. TP t • O The Contractor shall furnish at its own expense such stakes, templates, platforms, equipment, tools and material, and all labor as may be required to layout and execute the work. It shall t be the responsibility of the Contractor to maintain and preserve all stakes. If such stakes and marks are destroyed by the Contractor (or through its negligence) prior to their authorized removal, they shall be replaced by the Contractor. Most importantly, the top elevation and width of dune shall be achieved per the provided construction drawings. If problems arise during construction regarding site conditions that preclude the dune configuration per the permitted drawings, the Contractor shall notify the Engineer immediately accordingly.discuss alternatives. Once approval is granted by the Engineer, work may proceed is 9. Construction Access/Stockpile Areas The Contractor may use existing roadways for access and may use storage areas as approved by the Engineer. Existing beach/dune topography and vegetation shall be disturbed only to a minimum extent necessary for construction and construction access and other authorized activities. t Construction access will be carefully coordinated between the Contractor and Engineer. Several access points will be required for each site location with written consent provided from the respective property owners(s) prior to commencement. i 10. Work Area The construction limits available to the Contractor for accomplishing the work are shown on i the plans. The Contractor shall accomplish the work in such a manner so as to minimize t, disruption to the general public and vehicular traffic. The Contractor shall make whatever provisions are necessary to ensure public safety within the Contractor's access, storage and work areas; such provisions shall include lights, where appropriate. 1. 11. Fence The Contractor shall maintain a construction fence around the staging and storage areas. This fence shall provide a barrier to deter public access to construction area. Maintenance of fences shall entail repairs to the fences as may be required by activities of the Contractor in conjunction with performance of the work. 12. Project Sign I . The Contractor shall furnish, install and maintain a project sign at the work site as shown in the construction plans. The sign shall be of the format, style and minimum size indicated on the sketch at the end of these specifications. The sign shall be neatly and sturdily constructed i. and shall be securely erected in a workmanlike manner to support the sign properly for the life of the contract. Upon completion of construction, the Contractor shall remove the sign and dispose of the sign (as designated by the Engineer). All costs connected with the furnishing, installation, maintenance and removal (including storage or disposal) of the sign shall be included in the total contract price for mobilization/demobilization. 13. Permits and Licenses The County has obtained the Department of Environmental Protection permit and is included as part of the bid documents. Any other permits and licenses required for the work shall be secured and paid for bythe Contractor. Copies of all certifications, licenses, and permits obtained by the Contractor shall be provided to the Engineer prior to commencement of the work. As part of the bid, the Contractor shall submit evidence satisfactory to the County that ' TP 3 0 40 40 the borrow site to be used for the project is permitted by Local, State, and Federal authorities, as applicable. I The Contractor shall abide by all notes and conditions on the Plans sand permits of the County and Contractor; specifically those involving escarpment removal, prohibition of f discharge of oil and debris, placement of non -suitable beach fill, etc. further described in these technical requirement. If the Contractor violates any condition of nay permit and work is stopped by the State of Florida or other public entity, then any additional costs incurred by f the Contractor shall be paid by the Contractor and not charged to the County. The Contractor shall post copies of all permits at the job site in a manner clearly visible. 14. Legal Restrictions and Traffic Provisions The Contractor shall conform to all applicable laws, regulations or ordinances with regard to labor employed, minimum wage, equipment certification, laws hours of work and its general operations. The Contractor shall so conduct its operations that it shall no close any thoroughfare nor interfere in any way with traffic on railway, highways or on water without ( the written consent of the proper authorities. The regulations the Contractor shall adhere to are those established by, but not necessarily limited to, the Department of the Navy, U.S. I Coast Guard, Department of the Army, Florida Department of Environmental Regulation, Florida Department of Natural Resources and Indian River County. 15. Tranl2ort/Delivery l The fill material shall be transported to the construction site by truck. No overflow or spill - out of fill shall be permitted during transport to the fill site. All trucks shall be covered in order to prevent spillage. Failure to modify those methods of operation which are resulting in spillage during transport will result in suspension of transport operations and shall require prompt repair or change of operations so as to prevent spillage as a prerequisite to resumption of transport operations. The Contractor is responsible for complying with all Department of Transportation, County and other local regulations regarding weight limits for roads utilized for transport of the fill material. The Contractor is likewise responsible for complying with all applicable traffic, i safety and speed laws. Repeated failure of the Contractor to comply with applicable load and L_ traffic regulations will result in suspension of transport operations until the Contractor demonstrates to the satisfaction of the County that the Contractor has taken sufficient steps to ensure compliance with these regulations. Any reduction in haul capacity of any truck i- during the duration ofthe work, required to comply with load restrictions or for other reasons, shall be reported to the Engineer prior to the next use of that truck (or trucks) for the work. I 1-- Suspensions of work described above shall not form basis for claims by the Contractor for time extensions of incurred costs. Unless it is later demonstrated that the Contractor was in IL compliance with the specifications or applicable regulations. The Contractor shall provide and maintain barricades, warning signals and flagmen as I. required by federal, state or local regulations and as directed by the Engineer. Any costs associated with this requirement shall be included in the total project costs. And shall not be I specifically reimbursed. Any damages to private or public property resulting from the Contractor's operations shall be repaired by the Contractor at its expense. TP 4 d do C D �® To minimize damage and traffic congestion, trucks shall limit their north -south route to I-95, USI and US AIA whenever possible. The final truck route shall be approved by the Engineer at the pre -construction meeting. 16. Material Placement General: The Contractor shall transport and deposit the sand fill material in the areas shown ' on the plans. The Contractor shall place the materials within the section and limits as shown on the drawings. The Contractor shall construct and stabilize, as deemed necessary, an access road for use by the dump trucks transporting material from the pit location to the construction site by the Contractor. The final route for the access road will be decided by the Contractor and Engineer. Every effort shall be made to limit clearing for the access road to areas of exotic vegetation. The Contractor shall avoid disturbing native vegetation wherever possible, and shall obtain permission from the Engineer before impacting any native vegetation. t Dump trucks transporting fill will enter the construction area using the access areas. Fill will ( be deposited on the beach at the access points, and the trucks will return along the access area L . - exiting where they entered the site. The Contractor shall use bulldozers or similar equipment to move the fill material from the access points into place on the beach. Compaction of the fill shall be avoided whenever possible. L: The material shall be placed in a high berm along the dune until all fill material has been transported to the site. During final dressing the fill shall be brought to rest on the beach to the grades and cross-section indicated on the plans unless otherwise provided for herein or + directed by the Engineer. The Contractor shall schedule its operations to take advantage of the tide so that placement is completed during optimum times or as directed. The Contractor shall not stockpile any equipment or debris on the beach except as approved by the Engineer. The beach is subject to changes and the elevations on the beach at the time the work is done t _ may vary from the elevations shown on the drawings. The Engineer reserves the right to vary the width or grade of the berm from the grades shown on the plans in order to establish an uniform beach for the entire length of the project. The beach fill cross sections shown on the drawings are for the purpose of estimating the amount of fill needed and will be used by the Engineer in making any change in the grades. The Contractor shall monitor the excavation f and fill operations and shall notify the Engineer if and when the quantity to be placed appears L to be excessive for the designated project site. j Prior to placement of fill, the Contractor shall remove all driftwood, plastics, and similar 1 debris from the fill material or lying within the foundation limits of the beach fill section. All materials removed shall be disposed of in areas provided by and at the expense of the Contractor and approvedby the Engineer. Grading and other construction equipment will not be permitted outside the work areas shown on the plans except for ingress and egress to and from the site. Grade Stakes: Wooden grade stakes will not be allowed. The material used for grade stakes shall be metal pipes that can be completely removed intact by the Contractor after placement of the fill. TP 5 o7 • L7 Dressing: Final "dressing" shall not take place until all activity is completed at which time the fill shall be graded and dressed so as to eliminate any abrupt humps and depressions in the beach fill surfaces. Grade stakes used in the placement of the fill shall be removed intact, without breaking. ' Tolerances: A tolerance of one foot (1.0) below and one foot (1.0) above the prescribed top grade and slopes will be permitted in the final surface. (' 17. Permissible Work DUs and Hours Construction activity shall be limited to those daylight hours between 1/2 hour after sunrise and !. %: hour before sunset. The times of sunrise and sunset shall be those published by the National Oceanic and Atmospheric Administration for each day of the work. At the Contractor's election, construction activity may be undertaken seven days per week. Suitable E additional safety precautions, including additional personnel or barricades as required, shall be implemented during weekend operations. L The Contractor shall inspect the work areas at the end of every workday to ensure that all debris left by the Contractor's and subcontractor's workers has been removed from the work i areas and properly disposed. This includes, for example, lunch bags, soda cans, drink cups, etc. 18. Final Clean Un E Final clean up shall include the removal of all of the Contractor's equipment and waste either for disposal or ieuse. The Contractor shall restore all site and landscape features damaged or destroyed during construction operations outside the limits of the approved work areas and within the work area as designated on the plans. This work will be accomplished at the Contractor's expense. All material brought to the site for the stabilization of the construction i road shall be removed from the site by the Contractor. Before the project is considered complete, any topography disturbed as a consequence to construction or excavation shall be restored to preconstruction elevations with fill material. This fill material shall be compatible with the existing beach/dune sediments in both grain size and coloration and shall be obtained from a source landward of the coastal construction control line or from a source authorized pursuant to Section 161.041, Florida Statutes. The areas so filled shall be stabilized with native salt -resistant beach/dune vegetation. 19. Payment The Contractor may request progress payments on a monthly basis for work completed. Payment for sand fill shall be made on the basis of the tonnage of fill placed within the limits of the project'as measured by the weight tickets for each truckload, as reported by the Contractor. The truckload data reported in the Contractor's reports shall be verified by the Engineer, by means of weight tickets and surveys of the project area. Payment shall not be made for sand placed outside of the tolerances specified in the Contract Documents. Copies of the tickets shall be provided to the Engineer daily, if necessary. 20. Mobilization/Demobilization Payment The cost of compliance with this section shall be included in the Contractor's bid for mobilization/demobilization. All costs connected with the mobilization and demobilization of the Contractor's equipment and all costs associated with requirements of the contract not TP 6 40 • provided for within other Bid Items will be paid for at this contract lump sum price. Any site restoration that maybe required will be included in this price. Sixty percent (60%) any of the lump sum price for mobilization -demobilization will be paid to the contractor after 1,000 tons ( of material have been delivered to the first site (Site No. 8). Truck yard tickets will be used to verify the volume. The remaining forty percent (40%) will be paid upon completion of the r' entire project . 21. Turtle Nesting Season This project will be constructed within the prime turtle nesting habitat. The Contractor shall t comply with all State and Federal permit restrictions regarding construction activity within the project's boundaries. All equipment shall be removed from the project site on or before C the date specified by the County to allow for turtle nesting. The Contractor should plan to t ' cease work at the start of the turtle nesting season when notified to do so by the County, and to resume work at the conclusions of the nesting season, on the date specified by the County, unless otherwise notified. The turtle nesting season normally commences in April and runs into October. t. 22. City of Vero Beach and Walt Disney World Resort The County intends to deposit additional material in two possible locations: 1) City of Vero Beach - Humiston Park (provide/delivery only), and 2) Walt Disney World Resort. Material t : volumes and construction activities are provided on the Bid Form. The Contractor may be required to provide, deliver and/or grade material at these locations. The Contractor must ( comply with all City and Resort requirements in transporting and depositing fill at these locations. The Contractor shall be compensated according to it's Bid per each location. The Contractor will be required to coordinate and cooperate with the representatives from these entities. 23. Environmental Protection Scope - This section covers prevention of environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other Technical Provisions of these specifications. For the purpose of this specification, environmental pollution and damage are defined as the presence of chemical, physical or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural and/or historical purposes. The control of environmental pollution and damage requires consideration of air, ( water and land and includes management of visual esthetics, noise, solid waste, radiant energy i_. and radioactive materials, as well as other pollutants. I Quality Control - The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record any problems in complying with laws, regulations and ordinances, and corrective action taken. I' Permits - The Contractor shall comply with all requirements under the terms and conditions ' set out in all permit(s) applicable to the work. The Contractor shall keep a copy of such L permits applicable to the work at the work site of the permitted activity during the entire period of construction or operation. Notification - The Engineer will notify the Contractor in writing of any observed TP 7 J 40 noncompliance with Federal, State or Local laws or regulations; permits and other elements. The Contractor shall, after receipt of such notice, inform the Engineer of proposed corrective 1 action and take such action as may be approved. If the Contractor fails to comply promptly, the County may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension. Protection of Environmental Resources - The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine its activities to areas defined by the plans and specifications. Environmental protection shall be as stated in the following paragraphs. Protection of Land Resources - Prior to beginning of any construction, the Contractor shall identify all land resources to be preserved within the Contractor's work area. The Contractor shall not remove, cut, deface, injure or destroy land resources including trees, shrubs, vines, f grasses, top soil and land forms without special permission from the Engineer. Where such l special emergency use is permitted, the Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. j Work Area Limits - Prior to any construction, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are ' to be conducted during darkness, the markers shall be visible. The Contractor shall convey to its personnel the purpose ofmarking and/or protection of all necessary objects. Location of Storage and Other Contractor Facilities - Location of the Contractor's field offices, staging areas, stockpile storage and temporary buildings shall be subject to the approval of the Engineer. Disposal of Solid Wastes - Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. Disposal of Chemical Waste - Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State and Local regulations. Dis$osal of Discarded Materials - Discarded materials other than those which can be included in the solid waste category shall be handled as directed. L Protection of Water Resources -The Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water TP 8 i 40 pollution by the lisied construction activities which are included in this contract. Oil Spill Prevention - The Contractor must: • prevent oil or other hazardous substances from entering the ground, drainage or local bodies of water. • provide containment, diversionary structures or equipment to prevent discharged oil from reaching a watercourse. • Take immediate action to contain and clean up any spill of oily substances, f $ petroleum products and hazardous substances. • immediately report such spills to the Engineer. Absorbent materials capable of absorbing the contents of the largest single tank shall be kept on site. f' E Oil storage tank installation be constructed so that a secondary means of containment is provided for the entire contents of the largest single tank. Dikes and other means of containment is provided for the entire contents of the largest single tank. Dikes and other structures shall be impervious to spilled oil to prevent infiltration into the ground. Mobile or f potable oil storage tanks shall be positioned or located so as to provide a secondary containment identical to that required for non-mobile storage tanks. Storage tanks shall be located where they will not be subjected to flooding or washout. Protection of Fish and Wildlife Resources - The Contractor shall keep construction activities under surveillance, management and control to minimize interference with, disturbance to and damage of fish and wildlife. t Protection of Air Resources - The Contractor shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others) and all Federal emission and I performance laws and standards. Protection of Sound Intrusions - The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by noise. i t _ Maintenance of Pollution Control Facilities -The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. Training of Contractor Personnel in Pollution Control - The Contractor shall train its personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual and installation and care of facilities to insure adequate and continuous I environmental pollution control. Quality control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment and shall be thoroughly knowledgeable of Federal, State and local laws, regulations and permits. L Payment - The cost of the work covered under this section (Environmental Protection) and all costs in connection therewith shall be included in the contract lump sum price for L "Mobilization/Demobilization." TP 9 49 40 El m O U z O I: Z W W Z O = Q O Z U W Z a W Z O � Q W 7Z W 0 J Z Q 4 W 0 _ IL O W I L- H W Z O W W � d H � W N W Q O W Z W W U > Z Z oa 4 1-0 u C'1 Z 0, m Z O U W ® o U W 0 W O W w U.® > 0 T z iR tS Z V ONOw 0 0� IL W 2 w m O U z O I: Z W W Z O = Q O Z U W Z a W Z O � Q W 7Z W 0 J Z Q 4 W 0 _ IL O W I L- H W Z O W W � d H � W N W Q O W Z W W U > Z Z oa 4 40 :-] ;ttY o[ Iho Beach 1 i "3.; 2011 P ..1CF: 11.0. BON 13,Y1 l'@RO HE'ACH. FLORIDA - 32961 1389 i 7'I:1-F:1'i31�\1' •B,;Ip;a-,a.-ii i �I October 17, 2000 i Mr. Jim Davis Public Works Director Indian River County Administration Building 184025 th Street Vero Beach, Florida 32960-3365 RE: City and County Dune (Berm) Restoration Hurricane Floyd and Irene Erosion Project Status Dear Jim: This is to confirm discussions during our meeting on October 11, 2000 and to affirm our understanding as to the referenced project. Attached is one copy of our October 16, 2000 memo to Mr. Taylor who agrees with the notations in same. If you concur, we would like to proceed with this understanding. Please advise if there needs to be further clarification. Thank you for your assistance with this project. Sincerely, Clifford J. Suthard, Director Public Works and Engineering CJS/srp Attachment xc: Rex Taylor, City Manager/Utilities Director 9901-davis.017.doc luG:1/1;1'UR"l lll:'.�7'//R/lYi 110 IWA VERO 131:':1C11 117,0111MA :29'3] 1't TELEPHONE 1%ANr • ® r; f- DEPARTMENTAL CORRESPONDENCE f t TO: Rex Taylor, City Manager/Utilities Director i DEPT: City Manager ! FROM: Clifford J. Suthard, Director DEPT: Public Works and Engineering i DATE: October 16, 2000 i RE: City and County Dune (Berm) Restoration Hurricanes Floyd and Irene Erosion Project Status As you know, the referenced storms eroded dunes throughout the County. Within the City, typically the dunes at Humiston Park and South Beach can be expected to erode annually and during these type of storms. Subsequent to the referenced storms, County staff has been working with the Federal Emergency Management Agency (FEMA) to obtain restoration funding. It was agreed that approximately 2 miles of beach qualified for same creating a project cost of roughly $1,000,000. Two areas in the City are eligible; i.e., south Conn Beach at approximately 5153 cubic yards and Humiston Park at roughly 1076 cubic yards. The County has prepared project plans and recently submitted a permit application to the Florida Department of Environmental Protection (FDEP). A copy of the plans and permit application are in our office. The bid documents will request proposals for materials delivered to the site and for grading and shaping the delivered sand. Typically we purchase sand delivered and our crews grade and shape the material in place. Since the amount of restoration at Humiston Park that qualifies for funding is only a portion of that frontage, we will have to restore the remainder at the City's expense. Consequently, we have asked the County to include that quantity in the bid items for delivery only. The County plans to advertise in November and begin construction in time to complete the work prior to March 1, 2000. We have requested that our work be completed in January as was requested last year by the Oceanside Business Association. The local share of the project is 12'/2% of the total. At this time, we would estimate that to be approximately $8,000 (delivered, graded and shaped). We estimate the remaining cost to be roughly $20,000 (material delivered) since we would have to pay 100% of that cost. The budget has sufficient funds in account number 001.9900.519.365015 for this work. If you agree with the above, we can confirm our understanding in writing to the County. CJS/srp 9901-dune-hurricanes.016.doc i L D 40 CQ)ALr 1506p NVO I lcl Cos. D r, Dear Jeffrey: We wanted to express our appreciation for your valuable time regarding Disney's coastal marine issues. Due to the many oceanic storms we experience per year, our marine problems are dynamic in nature. Indeed, the design solutions and annual maintenance is virtually predictable. Our goal is to improve our communications through teamwork, which can be more cost effective to the project. Hopefully, we can assist in future coastal solutions or design reviews concerning Vero Beach Resort,& to keep our company's appearance as seamless as possible. We feel your experience and professionalism have contributed a great deal to our organization concerning the beach. In the future, we have hopes of expanding our insight while partnering with Indian River County on the emergency dune restoration project. In addition, your outgoing personality has helped me to establish wonderful work relations among my peers and superiors, thanks. Best Regards, �l 1 Ni� Joseph D. Doto III Walt Disney World Design Engineering Civil/Coastal Engineer i'll N��\ISIIM0 LA, Hurn. \i -A l, n't, 1214LIIYY� � Nin ul thr Magi. of Thr �QJALt�r,J�,iNF'0 Compenl • 40 Department of Environmental Protection t - - I Jeb Bush Governor f w i Jeffrey R. Tabar, P.E. Indian River County 1840 251" Street Vero Beach, Florida 32960 Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 November 15, David B. Struhs Secretary 2000 M=W'�S Dear Mr. Tabar: NOTICE TO PROCEED WITHHELD PERMIT NUMBER: IR -601 PERMITTEE NAME: Indian River County Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control line, has been approved by the Department of Environmental Protection. However, construction may not commence until after the permittee has received a notice to proceed in accordance with Special Permit Condition 1, and the permittee complies with any preconstruction requirements described in Special Permit Conditions 3 and 4. Please read the permit and permit conditions including both the Standard Permit Conditions and any Special Permit Conditions closely before starting construction. Standard Permit Conditions 1(q), and 1(s), pertain to written reports which must be submitted to the Department of Environmental Protection under the signature and seal of a professional engineer, architect, or land surveyor (as appropriate) at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office of the Office of Beaches and Coastal Systems on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities have started. The permit will expire November 14, 2003. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than one additional year. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental t Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one days after your receipt of this notice. 'More Protection. '_ess P,oces, Pnnted on recycled p ?" 4 . C-3 O i' J Jeffrey R. Tabar, P.E. November 15, 2000 1 Page 2 When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding t except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.2.01(2) of the Florida Administrative Code requires that a petition or request for hearing contain the following information: (1) The name and address of each agency affected and each agency's file or identification number, if known; (2) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (3) A statement of when and how the petitioner received notice of the Department's action; (4) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (5) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (6) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's proposed action; and (7) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. i t_. Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Section 120.57 of the Florida Statutes and to participate as a i party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice i . constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.57 of the Florida Statutes and Rule 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by filing a notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate district court of M • 40 I Jeffrey R. Tabar, P.E. November 15, 2000 Page 3 appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the district court must be accompanied by the filing fee specified in Subsection 35.22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (1) The name of each party's representative who shall have the authority to settle or recommend settlement, and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of die agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for • 0 Q Jeffrey R. Tabar, P.E. November 15, 2000 Page 4 such set forth above, and must therefore file their petitions within twenty-one days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. You are advised that notice of this agency's final action on this permit has been given to other interested parties. They have twenty-one days from receipt of the notice to exercise any rights they may have under Chapter 120, Florida Statutes. Actions undertaken by you under this permit, during this period may be subject to modification, removal or restoration. The authorized work is strictly limited to that described on the enclosed final order. Please direct any questions pertaining to this permit to me by letter at the above address, or by telephone at 850/487-4475. SMT/jg Enclosures cc: Permit Information Center Tommie Carter, Field Inspector Sincerely, Srinivas M. Tammisetti, P.E. Office of Beaches and Coastal Systems • STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ® I (FLOR'IDA office of Beaches and Coastal Systems T �t 3900 Commonwealth Blvd.. Mall Station 300 Tallahassee, Florida 32399.3000 1 (850) 488-3180 i f PERMIT NUMBER: IR -601 i PERMITTEE Indian River County c/o Jeffrey R. Tabar, P.E. 1840 25m Street Vero Beach, Florida 32960 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES I i FINAL ORDER ' FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line which are indicated in the project description, was filed by the applicant/permittee named herein on October 6, 2000, and was determined to be complete pursuant to rule on October 6, 2000. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Rule 62B- 33.007, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Director of the Office of Beaches and Coastal Systems has authority to approve or deny pursuant to Deputy Secretary Directive "Delegation of Authority", effective July 1, 1999. Based on the foregoing considerations, the designee approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the Standard Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes. EXPIRATION DATE: November 14, 2003 LOCATIONS: Ambersand: Approximately 200 feet south of R-12 and 350 feet south of R -I6. G Sanderling: Approximately 200 feet north of R-33 to R-34. I Summer Place: Approximately 400 feet north and 300 feet south of R-38. I F-1 e i 4' 1 PERMITTEE: Indian River County PERMIT NUMBER: IR -601 t PAGE 2 Wabasso Beach: Approximately 400 feet north of R-40 to R-40. Conn Beach: Approximately 400 south of R-77 to R-79. Humiston Park: Approximately 150 feet south of R-83 to 375 feet south of R-83. i Ocean Ridge: Approximately 250 feet south of R-103 to 700 feet south of R-107. Porpoise Point: Approximately 200 feet north of R-105 to 50 feet north of R-107. PROJECT DESCRIPTION: The applicant/permittee is authorized to construct up to approximately 10, 650 linear feet of protective sand dune. Up to approximately 3.4 cubic yards to 8.6 cubic yards of beach compatible sand will be placed per linear foot. SPECIAL PERMIT CONDITIONS: 1. No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. Prior to the issuance of the notice to proceed, the permittee shall provide written evidence that a public notice of the Department's action has been published for one day in the largest newspaper of general circulation in the county where the proposed project is located. A certification from the newspaper showing compliance shall be provided to the staff. Prior to publishing the required public notice, the permittee shall contact the staff and obtain the specific language that must appear in the advertisement. The public notice must be published within 10 days of the date of issuance of this permit. 2. It is the responsibility of Indian River County to secure appropriate consent from all owners whose properties are identified in the project location. 3. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Office of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and standard conditions of the permit. The proposed locations of the structures shall be staked out for the conference. 4. The fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. The sand shall have less than 2% fines (passing the #200 sieve) and be free of any material that would be retained on the #4 sieve. A sample of the sand shall be provided to the staff representative during the prec:onstruction conference. 5. No beach scraping is authorized. PERMITTEE: Indian River County PERMIT NUMBER: IR -601 PAGE 3 6. No operation, transportation or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season, April 1 through October 31. 7. All fill material placed shall be sand that is similar to that already existing at the beach site in both coloration and grain size distribution and suitable for marine turtle nesting. All such fill material shall be free of construction debris, rocks, or other foreign matter, and shall not contain, on average, greater than 10 percent fines (i.e., silt and clay) (passing the #200 sieve) and shall be free of gravel or cobbles. 8. Visual surveys for escarpments along the beach fill area shall be made prior to April 1 for the following year. All scarps that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled or the beach profile shall be reconfigured to minimize scarp formation by April 1. Any escarpment removal shall be reported relative to project area. If escarpments that exceed 18 inches in height for a distance of 100 feet occur during the nesting season, the FWC shall be contacted immediately to determine the appropriate action to be taken. Upon written notification, the permittee shall level escarpments in accordance with mechanical methods prescribed by the FWC and as authorized by the U.S. Fish & Wildlife Service. Approved plans are incorporated into this permit by reference. Done and ordered this day of �J%v ern%e.r 2000, in Tallahassee, Florida. t ' Attachment: Standard Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby g5?2 ID(eputy-Clerk ate i L State of Florida Department of Environmental Protection �J- 1�4�60'1d Allen P. Hubbard, P.E. Administrator Office of Beaches and Coastal Systems ab 40 t STANDARD PERMIT CONDITIONS (1) The following standard permit conditions shall apply to this permit unless waived by the Department or modified by special permit condition: In the event of a conflict between a standard condition and a special condition the special condition shall prevail. (a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications which were approved by the Department as part of the permit. Any deviation therefrom, without written approval from the Bureau, shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), Florida Statutes, and may result in assessment i of civil fines or issuance of an order to alter or remove the unauthorized structure, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the permit, notice to proceed, approved plans, any modifications, time extensions, or permit transfers shall be conspicuously displayed at the project site. (b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, nests and their habitat or adjacent property and structures. (c) The permittee shall allow any duly authorized member of the staff to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department, until all construction or activities authorized or required in the permit have been completed, and all reports, certifications, or other documentation of project performance are received and accepted by the Department. (d) The permittee shall hold and save the State of Florida, the Department, its officers and employees, harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property which might result from the construction or activity authorized under the permit and from any and all claims and judgements resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data and other information relating to construction or any activity under the permit, which are submitted, for any purpose it may deem necessary or convenient, except where such use is otherwise specifically forbidden by law. (f) Construction traffic shall not operate and building materials shall not be stored on vegetated areas seaward of the control line, unless specifically authorized by the permit. If, in the opinion of the Office staff, ` this requirement is not being met, positive control measures shall be provided by the permittee at the direction of the Office staff. Such measures may include temporary fencing, designated access roads, adjustment of construction sequence, or other requirements. (g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit, with suitable fill material or revegetated with appropriate beach and dune vegetation. (h) All fill material placed seaward of the control line shall be sand which is similar to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter, shall be obtained from a source landward of the coastal construction control line or from a source authorized pursuant to Section 161.041, Florida Statutes and shall, in general, not contain greater than 5 percent fines (passing the #200 sieve) or gravel exclusive of shell material (retained by the #4 sieve) and be free of coarse gravel or cobbles. W, M i (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Office staff, unless otherwise specifically authorized by the permit. 6) Any native salt resistant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Bureau, with other native salt -resistant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the staff, all plants installed in beach and coastal areas - whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise - shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine. (k) All topographic restoration and revegetation work is subject to approval and acceptance by the Department staff, and the status of restoration shall be reported as part of the final certification of the actual work performed. (1) If not specifically authorized elsewhere in this permit, no operation, transportation or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May I through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward counties where leatherback turtle nesting occurs during the period of March I through October 31. (m) If not specifically authorized elsewhere in this permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized. (n) All windows and glass doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45% or less through the use of tinted glass or window film. (o) This permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of a permit shall sign two copies of the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return both copies to the Bureau. No work may proceed under the permit until a copy of the transfer agreement approved by the Department has been received by the new owner. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit may not be transferred. (p) The permittee shall immediately inform the Office of any change of mailing address of the permittee and authorized agent until all requirements of the permit are met. (q) For permits for major structures or activities the permittee shall provide periodic progress reports certified by an engineer or architect (as appropriate due to the nature of the project) registered in the State of Florida on the form "Periodic Report" - DEP Form 73-111 (Revised 1-85) to the Bureau. The reports shall be submitted on a monthly basis beginning at the start of construction and continuing until all work has been completed. The engineer or architect shall certify that all construction as of the date of each report has been performed in compliance with the plans and the project description approved as a part of the permit, and with all conditions of the permit, or shall specify any deviation from the plans, project description or conditions of the permit. The report shall also state the percent of completion of the project and each major individual component. Permits for minor structures or activities do not require submittal of periodic reports unless required by special permit condition. (r) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the permittee shall provide a certification by a professional land surveyor registered pursuant to Chapter 472, Florida Statutes, that all aspects of the location, and all elevations of the foundation construction are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. This certification shall be on a form "Foundation Location Certification" - DEP Form 73-114 (Revised 1-85), hereby wor—> r r incorporated by reference. The foundation location certification shall be based upon such surveys performed in accordance with Chapter 472, Florida Statutes, as are necessary to determine the actual elevations, i configuration, and the dimensioned relationship of the installed pilings to the control line. This certification shall also specify the actual pile tip and pile head elevations and any grade beam or cap elevations. Any deviation from the foundation location and elevations as permitted shall be clearly noted and described in detail as part of the certification. Construction shall stop and the certification shall be submitted and accepted prior to proceeding with further vertical construction for each and every phase of a multiphase project where construction above the foundation of one or more structures occurs prior to completion of all foundation work. The Office shall notify the permittee of approval or rejection of the certification within seven (7) working days after staff receipt of the certification. All survey information upon which the certification is based shall be made available to the Office upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition. (s) For major structures the permittee shall provide the Department with a final report certified by an engineer or architect registered in the State of Florida within thirty (30) days following completion of the work. This certification shall state that: all locations and elevations specified by the permit have been verified; that all major structures are specifically constructed in accordance with Section 62B -33.007(3)(b), Florida Administrative Code; other construction and activities authorized by the permit have been performed in compliance with the plans and project description approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the approved plans, project description or permit conditions and any work not performed. Such certification shall not relieve the permittee of the provisions of (1)(a) above. If none of the permitted work is performed, the permittee shall inform the Department in writing no later than 30 days following expiration of the permit. The final certification shall be on the form "Final Certification" DEP Form 73-115B (Revised 1-85), or on the form entitled "Final Certification for Emergency Work" - DEP Form 73-116 (Revised 1-85). (2) The permittee shall not commence any excavation, construction or other physical activity on, or encroaching on, the sovereignty land of Florida seaward of the mean high-water line, or, if established, the erosion control line, until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use. (3) The permittee shall obtain any applicable licenses or permits which may be required by Federal, state, county or municipal law. General: Copies of any forms referenced above may be obtained by writing to the Department of Environmental Protection, Office of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail �- Station 310, Tallahassee, Florida 32399, or by telephoning (850)487-4475. i_ ' L.7 IFLORBA DEPARYkEW OF ENVWA Nl81fTAL FRa[>ecTal l Ofllae of Se.dws anti cosatsl evell"M wlogy soanattrt i►ar4" M MH , 3900 Camnaww Ith Sodatrard, Mal Stader 300 TalYnawa, Raids 32399.3000 660/488.3180 File Number: IR -601 Owner: Indian River County Agent: Jeffrey R. Tabar, P.E. PERIODIC PROGRESS REPORT 1. If construction has occurred, please describe Its maximum extent In the space provided below: IN no work at &// h" been performed under the permit. please report 'Not Started". If construction or other authorfrd activity has begun, but no progress hes been made s/ere the last report, please report 'No Progress.') CONSTRUCTION TO DATE INCLUDES: 2. All work performed as of this date Is described above and Is hereby certified to be In compliance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit, and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as applicable and have been found to comply with the project description, approved plans, and conditions of the permit. No unparmitted construction or activities have occurred. /Arty exceptions to the statamarr above are to be descnbd and explained under hem Number 1 above, es part of this report. The explanation should induct+ a statement of the reason that construction or activities not in aowrd&noe with the permit have occu red.) i The property owner or authorfid agent may sign these progress reports unt# such time as oonsbvction starts, and after any pealed In which no construction wea pwformd. Nowevar. the sports muat be signed by an mWineer or architect roglstered in the stste of Rorid& following each pafod in which construction has occurred. t.. Signature Date Florida Registration Number and Seat (If Applicable) 40 s I FINAL CERTIFICATION I MAIL TO: Office of Beaches and Coastal Systems Florida Department of Environmental Protection Mail Station 300 j 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 l This is to certify that work under permit number IR -601 for construction or other activities ( seaward of the coastal construction control line pursuant to Section 161.053, Florida Statutes, l which was granted by the Florida Department of Environmental Protection, to Indian River County, was inspected by the undersigned and was found to be acceptable and satisfactory in accordance with the approved plans and project description, and with all conditions of the permit. All permitted construction or activities have been completed, and no unpermitted construction or activities have occurred. Location and elevations specified by the permit and approved plans have been verified and found to be correct, and topography and vegetation have been either preserved or restored as required by the permit. (Seal) Signature Date Registered Engineer or Architect State of Florida Registration Number FOR WORK INCLUDING: The applicant/permittee is authorized to construct up to approximately 10, 650 linear feet of protective sand dune. Up to approximately 3.4 cubic yards to 8.6 cubic yards of beach compatible sand will be placed per linear foot. NOTE: Any deviations from the permit, and any portions of the permitted work not actually performed, shall be noted and described in detail as an exception to this certification. DEP Form 73-115B (Rev. 1-85) C> 40 s Q z INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 1840 25th Street �tORI �� Vero Beach, Florida 32960 Phone: (561) 567-8000, Ext. 344 Suncom: 224-1344 Fax: (561) 778-9391 LETTER OF TRANSMITTAL TO: Gene Chalecki, P.E., Assistant Bureau Chief Florida Department of Environmental Protection Bureau of Beaches & Coastal Systems 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-300 FROM: Becky Tolfa Administrative Secretary REFERENCE: Indian River County Permit Application for FEMA Emergency Dune Restoration COMMENTS: Application for the above referenced FEMA Application and check for permit fee in the amount of $500.00. Should you have any questions please feel free to call at your earliest convenience. DATE: October 5, 2000 A 40 41111110 L] BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 OG Telephone: (561) 567-8000 October 5, 2000 ZORID4' i Gene Chalecki, P.E., Assistant Bureau Chief Florida Department of Environmental Protection Bureau of Beaches & Coastal Systems 3900 Commonwealth Blvd. Mail Station 300 Tallahassee, FL 32399-300 I Subject: Indian River County Permit Application for FEMA Emergency Dune Restoration i Dear Mr ecki: G/4e ; t. Enclosed please find two (2) copies of the permit application and drawings for the Indian River County dune restoration project. This project is a result of severe beach erosion encountered during the 1999 hurricane season. The Federal Emergency Management Agency (FEMA) authorized over $900,000 of disaster assistance to the County solely for beach -related damages. l Pursuant to our discussions, the County must complete the proposed project during non -sea turtle nesting season (November 2000 through March 2001) in order to eligible for cost reimbursement. The County will coordinate and take the responsibility of acquiring the necessary permission from all affected ` property owners within the project area. We hope to initiate the project in November 2000, if the Department foresees any delay in meeting this ! ` schedule, PLEASE contact my office immediately. If you have any questions or need additional information please feel free to contact me (561-567-8000 ext. 344) at any time. L /jOtai 1 I .E. Engi I L cc: James W. Davis, P.E., Public Works Director Doug Wright, Emergency Services Director l Cliff Suthard, P.E., COVB L Joseph F. Myers, Governor's Rep., FDCA Wayne D. lasch, P.E., Vice President, PBS&J Mike Barnett, P.E., ATM BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (561( 567.8000 .� October 5, 2000 I �LORIOy' ( Gene Chalecki, P.E., Assistant Bureau Chief Florida Department of Environmental Protection Bureau of Beaches & Coastal Systems i 3900 Commonwealth Blvd. • Mail Station 300 Tallahassee, FL 32399-300 Subject: Indian River County Permit Application for FEMA Emergency Dune Restoration Dear Mr ecki: l_. Enclosed please find two (2) copies of the permit application and drawings for the Indian River County dune restoration project. This project is a result of severe beach erosion encountered during the 1999 hurricane season. The Federal Emergency Management Agency (FEMA) authorized over $900,000 of disaster assistance to the County solely for beach -related damages. Pursuant to our discussions, the County must complete the proposed project during non -sea turtle nesting season (November 2000 through March 2001) in order to eligible for cost reimbursement. The County will coordinate and take the responsibility of acquiring the necessary permission from all affected ' property owners within the project area. We hope to initiate the project in November 2000, if the Department foresees any delay in meeting this schedule, PLEASE contact my office immediately. If you have any questions or need additional information please feel free to contact me (561-567-8000 ext. 344) at any time. L. S/1E I L J.E. L� cc: James W. Davis, P.E., Public Works Director Doug Wright, Emergency Services Director Cliff Suthard, P.E., COVB L Joseph F. Myers, Governor's Rep., FDCA Wayne D. lasch, P.E., Vice President, PBS&J Mike Barnett, P.E., ATM � 6 j \ \ § \ / LD U � \ / 1. aAPPLICATION FOR A PERMIT FOR CONSTRUCTION rtoR A "" SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE OR FIFTY -FOOT SETBACK Owner of Record Agent (if applicable) Anted Name Printed Name / Indian River Count M Meiling Address Melling Add.... 1840 25th Street Cly city Siete ap codCity I state ZIPCode Vero Beach FL I 32960 TN+Phone 561 567-8000 FAX 561 770-5403 T.I.phane FAX 2. 1 hereby certiWhaat LtnfaTmatton submltted with this application Is true and complete to the best of my knowledge. 6G Jeffre r�R. Taber. P.E. t e o Applicant to Typed or printed name of applicant, also title of person signing H representing a il�corporation or other business entity, and the name of that entity. 3. If the applicant Is not the owner of record, the owner must authorize the applicant to act as the owner's agent for the purpose of applying for a permit, and to act on behalf of the owner In other matters pertaining to this permit by signing below. I hereby authorize /VZ/ / to make application for a permit for conslntction or other activities seaward of the cg6stal construction control line or 50• foot setback on the property described In item #6, and to act In my behalf in other matters pertaining to the permit. 4, 5. Signature of Owner Dale Typed or printed name of owner, also title of person signing if representing a A brief description of the proposed work, activity, or construction. Installation of approximately 9000 linear feet of protective sand berm at eight (8) separate sites along Indian River County. Sand will be obtained from clean upland source. Cheok hart It sddlflonei Information le snsohed. P.Ject Nam. (for m.104 -11y, commHc1.1 or pu011a prof.ct.) 1 Nearest DEP Reference Manument(s), It known Indian River Countv Sand Berm/Dune Restoration Proiect R-12 to R-107 steal Address Cly Count' ap Coda US Highway A1A I Intl. River 32963 I The name and mailing address of the owners of the Immediately adjacent properties, exclusive of street ends and easements. If the adjacent property Is under cooperative or condominium ownership, the name and mailing address of the cooperative association will suffice. He—or AdJ.c.nt Prop.ry (Teter Nam. at Adjacent Property awns N � N Ing r... a np r... Cityalai. ap eoa. City stet. ZIP ori. Cheek her If Mn. iin,dltl eeledliggeet yg,P,nI,,h rf l informedon. DEP Form 73.100 (Rev. 5198) Page 1 of 2 Agency Use Only: FILE NUMBER: 40 • E � g ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: ' 6. Sufficient evidence of ownership and legal description of the property as specified In paragraph 6213.33.008(t)(c), Florida Administrative Code(F.4.C.)................................................................................................ ❑ 7. Written evidence, provided by the appropriate local governmental agency having jurisdiction over the activity, that the proposed activity, as submitted to the Office, does not contravene local setback requirements, zoning or building codes, and is consistent with the slate approved Local Comprehensive Plan............................................................................. ❑ 8. Details, including engineering design computations, for any proposed waste discharge onto, over, under, or across the beach and dune system, Including but not limited to, storm water runoff, swimming pool drainage, air conditioning cooling water discharge, well discharge, domestic water systems, and outfalls................................................................. ❑ ❑ 9. Two copies of a topographic survey drawing of the subject property from field survey work performed not more than six months prior to the dale of application. The survey shall Include the Information required In section 628.33.008(1)(1), F.A.0........................ ❑ ❑ 10. Two copies of final construction plans and spocAicallons for all proposed structures or excavation including all planned appurtenant structures, permanent exterior lighting, and utilities. For major structures and rigid coastal strictures, the detailed plans shall be signed and sealed by the design engineer, or by an architect (as described In section 6213.33.008(t)(j), F.A.C.) and shall include all information required in sections 62B -33.008(1)(g), and 62B-33.008(1)(1), F.A.C....................................................... 11. If the application proposes to repair or rebuild an existing structure, the applicant shall submit a statement and supporting documentation which clearly stales whether or not the proposed uonslruclion is a substantial improvement as defined in section 161.54(12), F.5....... ❑ 12. For structures with proposed permanent exterior lighting, one copy of a dimensioned drawing to an appropriate scale, on 8% inch by 11 Inch paper which Includes the Information required In section 629-33.008(1)(i), F.A.C...................................... ❑ 121 13. An anticipated construction schedule.............................................................................. er 14. Afee as set forth in Section 62B-33.0085, F.A.0 ..................................................................... Id APPLICANTS APPLYING TO CONSTRUCT MAJOR STRUCTURES OR RIGID COASTAL STRUCTURES ARE REQUIRED TO SUBMIT THE FOLLOWING ITEMS: 15. One copy o1 a dimensioned site plan drawing to an appropriate scale on 8 % inch by 11 inch size paper, showing the location of the proposed structure(s), location and volume of proposed excavation or fill, and all distances and locations required in section 62B -33.008(i)(0, F.A.0 ....................................................................................... ❑ ❑ 16. One copy of a dimensioned cross-sectional drawing to an appropriate scale on 8% inch by 11 inch paper and including the information required in section 629-33.008(1)(h), F.A.C., and the location of any existing line of vegetation ................................. ❑ ❑ APPLICATION FOR WAIVER Pursuant to section 62B-33.008(4), F.A.C., the applicant may request a waiver of certain portions of the information specified in this application form. Application Reasonforwalver DEP Use Only Item # Den[ied 11 This application is not a reDair or rebuild of an existina structure Cl ❑ 12 No exterior lightina is part of the Droiect. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Signature of Director. Office of Beaches and Coastal Systems or Designee Oate MAIL TWO COPIES OF THIS FORM TO: Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Boulevard, Mail Station 300 Tallahassee, Florida 32399-3000 Page 2 of 2 DEP Foan 73.100 (Rev. B) sAIL 40 ® OFFICE OF BEACHES AND COASTAL SYSTEMS COASTAL CONSTRUCTION CONTROL LINE PERMIT FEE WORKSHEET INSTRUCTIONS: Each application for a new permit or for a change in permit status pursuant to section 161.053, Florida Statues (F.S.), or applications pursuant to section 62B-33.013, Florida Administrative Code (F.A.C.), to be considered by the Department shall be accompanied by a fee. An application will not be considered complete until the required fee has been received by the Department. The F total amount due is the sum of the fees assessed for each structure or activity. Please utilize this worksheet to calculate the fee required pursuant to section 62B-33.0085, F.A.C. Copies of Chapter 161, F.S., and Chapter 62B-33, F.A.C., as well as assistance from the Department staff are available by calling (850) 488-3180. MAILING ADDRESS: Please send the fee payment with a completed application form (DEP form 73-100) to the Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000. If the fee is not submitted with the application form, please include the permit number (if known), county, applicant name and telephone number with the payment. REFUNDS AND EXEMPTIONS: Please see the reverse side of this form for information about permit fee refunds and exemptions. FACTOR FEE TOTAL �. MAJORSTRUCTURES 1. Single Family Dwelling with a roof footprint less than or equal to 2400 ft: X $2,000 $_ _. Total Roof Footprint = R.2 " °fs°"Mm 2. Single Family Dwelling with a roof footprint greater than 2400 fi 2 X $4,000 $ Na. °o/Sr,"rn.a 3. Non -Habitable Major Structure (roads, bridges, storm water outfalls, cabanas, X $1,000 = $ _ garages, swimming pools, etc.) 4. Multi -Family Dwelling (hotels, apartment buildings, etc.) X $5,000 = PLUS $100 for each dwelling unit in the structure: _ X $100 — $_ � No o/Univ 5. Other Major Habitable Structures (commercial or public buildings, restaurants _ X $3,000 = $_ & towers) MINOR STRUCTURES AND ACTIVITIES 6. A Single Minor Structure $300 $_- 7. Multiple Minor Structures $500 '8. One or More Minor Activity (minor activities include but are not limited to $300 $ — - idune construction/enhancement, placement of fill, and debris removal.) i. ADDITIONS TO EXISTING HABITABLE STRUCTURES 9. Addition(s) to a Single Family Dwelling $1,000 $ 10. Additions to a Multi -Family Dwelling: First Unit- $2,500 $_ PLUS $100 for each additional unit: X $100 K°.°/Ueu, REVISIONS OR MODIFICATIONS OF APPROVED PERMITS 11. Modification which includes revisions to a permitted minor structure or $150 $ activity 12. Modification to a permit for a minor structure or activity which adds a new the amount indicated in minor structure or activity items N6, 7, or 8 above => 13. Modification which includes revisions to a permitted major structure or $500 dwelling unit 14. Modification to a permit for a major structure(s) which adds a new major the amount indicated in structure or dwelling unit(s) items /i 1 - 10 above or $500, whichever is greater $ __ OTHER CONSTRUCTION, STRUCTURES AND ACTIVITES 15. Other Activities (including but not limited to minor reconstruction of coastal $500 $ SOo.00 protection structures, repairs to major structures, excavation, and large landscaping projects) 16. Rigid Coastal Structure: First 100 feet of length- $3,000 $ L PLUS $500 for each additional 50 feet of length (the length of the structure X $500 = S ^ includes return walls): N iro uni„ TOTAL FEE DUE (Sum of Above Column) $ Ep p— *The fee for minor activities is waived when the actlAtles are In conjunction with a permit for a structure. Revised 8/98 r L l ab 40 REFUNDS: A fee payment submitted in excess of the amount required or for an activity which is exempt from the provisions of section 62B-33.0085, F.A.C., shall be refunded to the applicant. A fee submitted to the Department shall not be refunded if the application is withdrawn, denied, or if separate applications to other agencies or local government are denied. PERMIT FEE EXEMPTIONS: No fees arc assessed for (1) emergency permit applications pursuant to section 6213-33.014, F.A.C., (2) applications filed by agencies of government of the executive branch of the State of Florida, (3) applications for permits pursuant to section 161.052, Florida Statutes, for work to be conducted in counties where no coastal construction control line has been established pursuant to section 161.053, Florida Statutes, (4) permit transfers, or (5) field permits. Field permits for certain minor structures and activities including dune walkovers and decks meeting Deoartrnent standards and specifications are available at no cost from rhe DEP District Office Please contact the DEP District Office (see below) for specific information about which activities may be authorized by a field permit. District Office Coastal Counties Served Northwest District Office, 160 Governmental Center Escambia, Okaloosa, Santa Rosa, or Walton Pensacola, Florida 32501 hone 850444-8300 t l Northwest District Stanch Office, 2353 Jenks Avenue, Panama i. I City, Florida 32405 hone 850-872-4375 t. i i i I: Northeast District Office, 7825 Baymeadows Way, Suite B200 i i Jacksonville Florida 32256-7590 hone 904-4484300 :nN t .. REFUNDS: A fee payment submitted in excess of the amount required or for an activity which is exempt from the provisions of section 62B-33.0085, F.A.C., shall be refunded to the applicant. A fee submitted to the Department shall not be refunded if the application is withdrawn, denied, or if separate applications to other agencies or local government are denied. PERMIT FEE EXEMPTIONS: No fees arc assessed for (1) emergency permit applications pursuant to section 6213-33.014, F.A.C., (2) applications filed by agencies of government of the executive branch of the State of Florida, (3) applications for permits pursuant to section 161.052, Florida Statutes, for work to be conducted in counties where no coastal construction control line has been established pursuant to section 161.053, Florida Statutes, (4) permit transfers, or (5) field permits. Field permits for certain minor structures and activities including dune walkovers and decks meeting Deoartrnent standards and specifications are available at no cost from rhe DEP District Office Please contact the DEP District Office (see below) for specific information about which activities may be authorized by a field permit. District Office Coastal Counties Served Northwest District Office, 160 Governmental Center Escambia, Okaloosa, Santa Rosa, or Walton Pensacola, Florida 32501 hone 850444-8300 Northwest District Stanch Office, 2353 Jenks Avenue, Panama Bay, Franklin, Gulf, or Wakulla City, Florida 32405 hone 850-872-4375 Northeast District Office, 7825 Baymeadows Way, Suite B200 Dixie, Duval, Flagler, Levy, Nassau, St. Jacksonville Florida 32256-7590 hone 904-4484300 Johns or Taylor, Southwest District Office, 3804 Coconut Palm Drive Citrus, Manatee, Pinellas, or Sarasota Tampa, Florida 32901 hone 813-744-6100 Central District Branch Office, 13 East Melbourne Avenue, Brevard, Indian River, or Volusia Melbourne, Florida 32803, phone 407-9844800 South District Office, 2295 Victoria Avenue, Suite 364 West Charlotte, Collier, Lee, or Monroe Fort Myers, Florida 33901 hone 941-332-6975 Southeast District Office, 400 North Congress Avenue Broward, Dade, Martin, Palm Beach, or St. West Palm Beach, Florida 33416 hone 561-681-6600 Lucie R—i—1 R/QR , Indian River County Post Hurricanes Floyd & Irene Emergency Dune Restoration Project This permit application requests authorization from the Department of Environmental Protection to construct a protective dune along 10,650 ft. (2.0 miles) of shoreline at eight separate sites based on the Federal Emergency Management Agency (FEMA) post hurricane field inspections. Individual site monument locations, volumes and lengths are described in the attached tables. Approximately 60,000 cubic yards of beach compatible sand will be placed on the beach at volumes ranging from 3.4 to 8.6 cubic yards per linear foot. The material (sand) will be from an upland source and trucked to each site. The Department will be sent samples of the native and upland sand for compatibility comparisons. The configuration of the protective dune will be a twenty (20) foot wide crest at varying elevations based on existing conditions. A typical section is provided for each site within the application. Adjustments may be made to the proposed dune feature based on existing conditions at the time of construction. Coordination will be maintained with the Department to ensure proper placement. Construction will begin in November 2000 and be completed in March 2001. Site No. kl� Unit Volume c /ft Length ft . 1 R12 (+200ft) to R16(+350ft) 6.0 4,300 --j-,000 25,900 2 R33(-200ft) to R34 .:. -7770.1 . G= Indian River County Post Hurricanes Floyd & Irene Emergency Dune Restoration Project This permit application requests authorization from the Department of Environmental Protection to construct a protective dune along 10,650 ft. (2.0 miles) of shoreline at eight separate sites based on the Federal Emergency Management Agency (FEMA) post hurricane field inspections. Individual site monument locations, volumes and lengths are described in the attached tables. Approximately 60,000 cubic yards of beach compatible sand will be placed on the beach at volumes ranging from 3.4 to 8.6 cubic yards per linear foot. The material (sand) will be from an upland source and trucked to each site. The Department will be sent samples of the native and upland sand for compatibility comparisons. The configuration of the protective dune will be a twenty (20) foot wide crest at varying elevations based on existing conditions. A typical section is provided for each site within the application. Adjustments may be made to the proposed dune feature based on existing conditions at the time of construction. Coordination will be maintained with the Department to ensure proper placement. Construction will begin in November 2000 and be completed in March 2001. Site No. Monument Location Unit Volume c /ft Length ft Total Volume c 1 R12 (+200ft) to R16(+350ft) 6.0 4,300 --j-,000 25,900 2 R33(-200ft) to R34 8.6 8,580 3 R38(-400ft) to R38(+300) 7.7 575 4,438 4 R40(-400) to R40 7.0 550 3,825 5 R77(+400) to R79 3.4 1,500 5,153 6 R83(+150) to R83(+375) 4.8 225 1,076 7 R103(+250)to R103(+700) 5.3 450 2,389 8 R105(-200) to R107(-50) 5.1 2,050 10,438 Total 10,650 61,799 Note: plus (+) matcates soutn or mommjnut m mill , k-1 - --- ----••• —• IIII®�_ n i LOCATION MAP I I I ��t,'t : tom, -•' � ' �;. 1 IMF- ice, -'nidi' }}• `'i�.} s?f t j t ti jt� iC 7 ; 44 yy a3 g t: v, a�f9 f. HI1i lS N PARE( SITE 6 ^•w � tc.'ft o �� � ''t-. t iia 1 h� 1�iS rt'� - Re7 r�A. t�' II t •y- It s F: t SCALE: 1" = 15000' INDIAN RIVER COUNTY POST HURRICANES FLOYD & IRENE 1999 COASTAL ENGINEERING DIVISION � � 1840 25TH STREET EMERGENCY DUNE RESTORATION PROJECT VERO BEACH, FL. 32960 - FOR - INDIAN RIVER COUNTY, FLORIDA Jeffrey R. Tabor late Florida P.E. License No. 54094 O O a a 9 4i OE Q: O O 0) H � U rn w .. O Q � o z Z z ° F o o O � z0 Q z�wID Z F- J + p I Z aWMw Z OJ w O O >z�= Li V' U Z N W LJ I zwom J Z > > EQ000 v o ? „ a OV %- Z p ~ _ Z o U) w + O o cn o w LL, in uj II r' o z N o o II O w LL- td i a J Qwz 4 NQw J U = Q cn U ~ J Q Z < F- 0(-) Q O w w = > cn t N J 0 w N O a 0 a T N w w 40 NOTES: 1. All fill material shall be sand which is similar to that already existing on the site (beach) in both coloration and grain size. 2. All fill material shall be free of construction debris, rock, clay or other foreign matter. 3. All fill material shall be obtained from a source landward of the construction control line of from a source authorized pursuant to Section 161.041, F.S. 4. All fill material, in general, shall not contain greater than 5% fines (passing #200 sieve) or gravel exclusive of shell material (retained by the #4 sieve) and free of coarse gravel or cobbles. 5. All fill material shall be weighed (scaled) at the facility and a ticket issued for each load. Tickets shall be given to County staff at the location. 6. All fill material shall not exceed a 7% moisture content. 7. All fill material shall be inspected by County staff upon arrival and in the event the above conditions are not met, the contractor will immediately stop supplying such material. Any unsuitable material shall be removed at the expense of the contractor. 8. Fill areas are approximate and adjustments may be made to the typical fill sections based upon the existing field conditions at the time of placement. INDIAN RIVER COUNTY POST HURRICANES FLOYD & IRENE 1999 COASTAL ENGINEERING DIVISION ( ) 1840 25TH STREET EMERGENCY DUNE RESTORATION PROJECT VERO BEACH, FL. 32960 — FOR — INDIAN RIVER COUNTY, FLORIDA Jel/nfy R. Ta6nr Oote florldo P.E. Ucense No. 5094 C-1 do Total Volume (cy) 25,900 Average (cy/ft) 6.0 i L. Post hurricanes Floyd & Irene (1999) - Emergency Dune Restoration Indian River County, Florida 20 ft. Wide Dune Crest Ambersand Site No.1 ( Line No Area (sq ft) Incremental Volume (cy) Cummulative Volume (cy) Dune Volume (cy/ft) Tapered End 0 889 $89 5.9 € 1 320 2,370 3,259 9.5 2 192 i 2,620 5,880 10.5 3 374 2,644 8,523 10.6 4 197 I i 1,736 10,259 6.9 5 178 1,556 11,815 6.2 I 6 158 1,333 13,148 5.3 7 130 1,505 14,653 6.0 8 195 1,380 16,032 5.5 9 103 1,426 17,458 5.7 10 205 2,269 19,727 9.1 11 285 1,727 21,454 6.9 12 88 838 22,292 3.4 13 93 810 23,102 3.2 14 82 759 23,861 3.0 15 82 861 24,722 3.4 16 104 917 25,639 3.7 17 94 261 25,900 1.7 Tapered End 0 Total Volume (cy) 25,900 Average (cy/ft) 6.0 i L. El 40 171 Sanderling Site No.2 Line No. Areas .ft. Incremental Volume c Cummulative Volume c Dune Volume c /ft) Tapered End 1 0 819 819 5.5 2a 295 1,093 1,912 10.9 2 295 2,556 4,468 10.2 3 257 2,407 6,875 9.6 4 263 974 7,849 9.7 4a 263 731 8,580 4.9 Tapered End 5 0 Total Volume (cy) Average (cy/ft) Summerplace Site No.3 Line No Area (sq.ft.) Incremental Volume Sub -Area 1 (175ft.) 7.9 Tapered End 0 Average (cy/ft) 346 1a 249 922 2a 249 Sub -Area Volume (cy) Average (cy/ft) 8,580 8.6 I Cummulative Volume (cy) Dune Volume 346 4.6 1,268 9.2 1,268 7.2 Sub -Area 2 (400ft.) 3 218 3,170 3,170 7.9 4 210 Sub -Area Volume (cy) 3,170 Average (cy/ft) 7.9 Total Volume (cy) 4,438 Average (cy/ft) 7.7 40 E-�] f Wabasso Beach Site No.4 C Line No. Area (sq.ft.) Incremental Volume (cy) Cummulative Volume (cy) Dune Volume (cy/ft) 1 274 1,833 1,833 9.2 f 2 221 ( 1,489 3,322 7.4 3 181 t 503 3,825 3.4 f Tapered End 0 Total Volume (cy) 3,825 t I Average (cy/ft) 7.0 l I Conn Beach Site No.5 Line No (sq ft) Incremental Volume (cy) Cummulative Volume (cy) Dune Volume (cy/ft) _Area End 0 294 294 2.0 1 106 1,050 1,344 3.5 2 83 1,050 2,394 3.5 3 106 1,261 3,656 4.2 4 121 1,222 4,878 4.1 5 99 275 5,153 1.8 Tapered End 0 Total Volume (cy) 5,153 Average (cy/ft) 3.4 Humiston Site NO -6 Line No Area (s ft) Incremental Volume (cy) Cummulative Volume (cy) Dune Volume (cy/ft) Tapered End 0 215 215 2.9 2a 155 287 502 5.7 i 2 155 � 574 1.076 5.7 � 2b 155 Total Volume (cy) 1,076 Average (cy/ft) 4.8 E-1 • 40 OceanRidge Site No.7 Line No. Area (sq ft) Incremental Volume (cy) Cummulative Volume (cy) Dune Volume (cy/ft) Tapered End 0 239 239 3.2 2a 172 956 1,194 6.4 2 172 956 2,150 6.4 2b 172 239 2,389 3.2 Tapered End 0 1,398 4,613 5.6 Total Volume (cy) 2,389 Average (cy/ft) 5.3 Porpoise Point Site NO -8 Line No Area (sq ft) Incremental Volume (cy) Cummulative Volume (cy) Dune Volu me c /ft _ Tapered End 0 241 241 2.4 2a 130 844 1,085 4.2 2 98 1,000 2,085 4.0 3 118 1,130 3,215 4.5 4 126 1,398 4,613 5.6 5 176 2,028 6,641 8.1 6 262 1,764 8,405 7.1 7 119 1,190 9,594 4.8 8 138 491 10,085 4.0 9a 127 353 10,438 2.4 Tapered End 9 0 Total Volume (cy) 10,438 Average (cy/ft) 5.1 Project Total (cy) 6.1,799--I Total Average (cy/ft) 5.8 0 E71 40 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor January 13, 2000 Mr. Douglas Wright Indian River County 1840 25" Street Vero Beach, Florida 32960 Dear Mr. Wright: STEVEN M. SEIBERT Secretary FEMA -1300 -DR -FL P.A. ID #061-99061-00 $ 255,091.94 Enclosed is a copy of the Federal Emergency Management Agency (FEMA) Package, which authorizes disaster assistance for damages as a result of Hurricane Floyd. A detailed listing of the Project Worksheets (PWs) is included in the enclosed Package (Project Application Summary (P.2)). In accordance with the Disaster Relief Funding Agreement, Paragraph 8 (b), payment of large projects will be paid on a cost reimbursable basis, subject to the receipt of a Request for Reimbursement (RFR) form with a Summary of Documentation of expenditures by PW, after the Disaster Relief Funding Agreement, recently mailed to you, is executed. Please forward the completed forms and supporting documents to this office. When work has been completed on all projects, your signed Project Listing and other required documentation (as noted in the funding agreement) should be returned to this office. Accurate records of disaster costs must be maintained for three years from the date of final payment. Should you disagree with FEMA's determination, you have the right to appeal in accordance with 44 CFR, Section 206.206 of the Federal Regulations which states: 2 5 5 5S H U M A R D OAK BOULEVARD " TALLAHASSEE, FLORIDA 32399-2 1 0 0 Phone: 850.488.8466/Suncom 278.6466 FAX: 850.921.0781/Suncom 291.0761 Internet address: hitp://www.dca.state.(1.us FLORIDA KEYS Alea -t Cllikal Slate Cmresn field OIIKe 2796 Oveneal IItKh-1Y• Sun- 217 aaauthon, 11—da 330SD2221 GREEN SWAMP Area "I Chitral State [.—. E KM On - 705 fast Mam Sheet. Su1e 101 Rannw, 11—da 131110-4611 40 Cw: L Mr. Douglas Wright January 13, 2000 Page Two "An eligible applicant, subgrantee, or grantee may appeal any determination previously made related to an application for or the provision of Federal assistance according to the procedures listed below. (a) Format and Content. The applicant or subgrantee will make the appeal in writing through the grantee to the Regional Director. The grantee shall review and evaluate allsubgrantee appeals before submission to the Regional Director .... The appeal shall contain documented justification supporting the appellant's position, specifying the monetary figure in dispute and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent.... (d) Time Limits. (1) Appellants must file appeals within 60 days after notice of the action that is being appealed." If you have any questions or need further information, please call your Grant Manager Susan Fleischer at (850) 487-0761 or John Tatum, Grants Specialist Supervisor at (850)487-2032. JFM/SC/sf Enclosures N:\Susan\dr 1300\Ind I anrlver# 109.wpd Sincerely, G(X oseph F. Mye s Governor's Authorized Representative C= rno CO <ZrTt a �Z< <o� C4 cv � El • ® DATE: 12104/1999 FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT APPLICATION SUMMARY (P,2) DISASTER M 1300 t ( PACKAGE NO: 109 t P.A. ID: 061.99061.00 APPLICANT: INDIAN RIVER (COUNTY) PW# VSN CAT INF PROJECTED COMPL DATE APPROVED PW AMOUNT t 17 1 B N 03/22/2000 $252,565.00 Site Number: 1 I DAMAGED FACILITY: FACILITY LOCATION: OCEAN FRONT (SEE ATTACHED MAP) SCOPE OF WORK: (SEE ATTACHED) OBTAIN, HAUL, & PLACE SAND AT EACH SITE AS INDICATED, DIMENSIONS MAY VARY WITHIN EACH SITE BASED ON LEVEL OF EROSION DAMAGES. t 1 pW $ AMOUNT ELIGIBLE $ FEDERAL SHARE PAs: $252,565.00 $189,423.75 SUBGRANTEE ADMIN EXP: $2,526.94 $2,526.94 TOTAL: $255,091.94 5191,950.69 GRAND TOTAL: 1 PW $ AMOUNT ELIGIBLE $ FEDERAL SHARE PAs: $252,565.00 5189,423.75 SUBGRANTEE ADMIN EXP: $2,526.94 $2,526.94 i TOTAL: $255,091.94 5191,950.69 GRANTEE ADMIN EXP: $959.75 APPROVED BY: ROBERT MAIR III DISASTER RECOVERY MANAGER i DATE: 12/3/99 21:48:57 t. t- I v r. t I i. t Page 1 of 1 • C: f' PROJECT WORKSHEET REPORT ® DECLARATION NO. FEMA -FL - DR1300 PREPARED DATE 12/01/1999 FIPS NO. 061.99061.00 REPORT DATE 12/03/1999 14:54 APPLICANT NAME INDIAN RIVER (COUNTY) (� INF SUBDIVISION NON -INF (, PROJECT NO. 17 VERSION 1 REF PW N REC CATEGORY B. Prolective Measures County INDIAN RIVER FUNDING OPTION COST SHARE0.75 I ROJECT NO. 299 PROJECT TITLE EMERGENCY PROTECTIVE MEASURES PROJECTED CMPLTN DT03/22/2000 ACTUAL CMPLTN DT WORK COMPLETE AS OF: 00/00/0000 0 % F.LIGIBILITYYes AMOUNT ELIG$252,565.00 PRIORITYNormal f ..—PW REVIEWER DATA BEGIN DESIGN DT BEGIN CONSTRUCT DT NAME DATE i END DESIGN DT END CONSTUCT DT INITIAL REVIEW KING, WILLIAM 10/19/1999 I FINAL REVIEW KING. WILLIAM 10/19/1999 , PREPARER JEFFERY TABAR ROLE APP MT PROP Q Yes® No VALIDATED ® YesC) No t DATEPAPED10120/1999 PACKAGE DATE 10/19/1999 ATTACH 0 Yes® No STATE RVWD Q Yes® No { PACKAGE ID Dues the Scope of Work change the pre -disaster conditions at the site? O Yes ® No L Unsure Special Considerations issues included? O Yes i No Q Unsure Is there insurance coverage on this facility? O Yes i No O Unsure Hazard Mitigation proposal included? O Yes i No (J Unsure l SITE NUMBER: 1 FACILITY NAME: SITE LAT: ADDRESS: SITE LONG: SITE NUMBER 1 - FACILITY LOCATION OCEAN FRONT (SEE ATTACHED MAP) t SITE NUMBER 1 - SCOPE OF WORK (SEE ATTACHED) OBTAIN, HAUL, & PLACE SAND AT EACH SITE AS INDICATED. DIMENSIONS MAY VARY WITHIN EACH SITE BASED ON LEVEL OF EROSION DAMAGES. i SITE NUMBER 1 - DAMAGE DIMENSIONS/DESCRIPTION STORM SURGE FROM HURRICANE FLOYD CAUSED BEACH EROSION- 41,028 CY OF SAND NEEDED FOR EMERGENCY BERM CONSTRUCTION TO WITHSTAND 5 - YEARS STORM SURGE. COST ESTIMATE ITEM ; C U MATERIAL AND/OR DESCRIPTION j DOM j CITY UNIT PRICE COST T 9999 HAUL AND PLACE SAND LS 41028 518.00 5738,504.00 2 9999 HAUL & PLACE SAND CY 9026 518.00 5162,468.00 3 9999 A & E PROJECT MGMT @10% LS 1 590,097.00 590,097.00 I Eligible Amounts: Total (this version) $252,565.00 Total Oblig To Date 5738,504-00 Unobligated + Obligated 5991,069.00 SPECIAL CONSIDERATIONS I 1 Dees the damaged facility or item of work have insurance coverage and/or is it an insurable risk (e. g., Yes • No O Unsure buildings, equipment.vehicies,etc.)? - d 2 Is the damaged facility located within,a floodplain or coastal high hazard area and/or does it have an YesNo (D Unsure impact on a floodplain or wetland? i 4- s ® I PROJECT WORKSHEET REPORT DECLARATION NO. FEMA -FL -DR 1300 PREPARED DATE 12/01/1999 6 FIPS NO. 061.99061.00 REPORT DATE 12103/1999 14:54 APPLICANT NAME INDIAN RIVER (COUNTY) (� INF SUBDIVISION . NON -INF I PROJECT NO. 17 VERSION 1 REF PW # O REC SPECIAL CONSIDERATIONS DATE 3 Is the damaged facility or item of work located within or adjacent to a Coastal Barrier Resource System Yes ® No 0, Unsure i Unit or an Otherwise Protected Area? p 4 Will the proposed facility repairslreconstruclion change the pre -disaster conditions (e.g.. footprint, -` Yes 0 No 0 Unsure END DT material, location, capacity,use or function)? 00100/0000 5 Does the applicant have a hazard mitigation proposal or would the applicant like technical assistance 1. Yes ® No Q Unsure { for a hazard mitigation proposal? 6 Is the damaged facility on the National Register of Historic Places or the stale historic listing? Is it older .^i yes ®No 0 Unsure than 50 years? Are there more,similar buildings near the site? f I 7 Are there any pristine or undisturbed areas on, or near, the project site? Are there large tracts of O Yes • No O Unsure forestland? 8 Are there any hazardous materials at or adjacent to the damaged facility and/or item of work? O Yes • No Q Unsure g Are there any other environmental or controversial issues associated with the damaged facility and/or ^ Yes 0 No O Unsure r item of work? PW REQUIRED REVIEWS REVIEW ASSIGNED DATE DATE REVIEW STATUS RECOMMENDATION REVIEWER REVIEWER SUBMITTED REVIEWED Initial Submitted 12/03/1999 Final Submitted 12/03/1999 PW ASSIGNMENTS t SPECIALIST TITLE BEGIN DT END DT KING, WILLIAM PROJECT OFFICER (IS) 12/03/1999 00100/0000 GENERAL COMMENTS I DAMAGE DESCRIPTION AND DIMENSIONS: STORM SURGE FROM HURRICANE FLOYD CAUSED BEACH EROSION TOTALLING 41,028CY WHICH WILL REQUIRE COMPACTION @.22%. THEREFORE, 41,028 CY X.22% = 9,026 CY. SCOPE OF WORK: COMPACT BERM. ADDITIONAL SAND MATERIAL (APPROX. 22%) REQUIRED TO CONSTRUCT I BERM TO DESIGN CROSS-SECTIN , ELEVATION SPECIFICATIONS, PER VER. #1. A & E. PROJECT MGMT. @10 % j , PERMITTING. i 40 ® - O.M.B. No. 7067-0151 M FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET P w \1 Expires Ap6I 30. 2001 j PAPERWORK BURDEN DISCLOSURE NOTICE i Public reporting burden for this form is estimated to average 30 minutes. lite burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms. You are not required to respond to this collectton of information unless a valid OMB control number is displayed in the upper right corner of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Informaton Collections Management, Federal Emergency Management Ag iency, 500 C Street SW, Washington, DC 20472, C Paperwork Reduction Project (3067- 0151). NOTE: Do not stand your completed form to this address. f DATE CATEGORY DECLARATION NO. PROJECT NO. FIPS NO. ! pL7 .DR.L`� Za9- A occl- qS o�,,t-- �;o iZ" I ' q4 FEMA- WORK COMPLETE AS OF: DAMAGED FACILITY &A —>i 1�—lr_`71ON COUNTY APPLICANT I� �k>tA s/0( LATITUDE LONGITUDE i LOCATION DAMAGE DESCRIPTION AND DIMENSIONS �Orm SLG V C6 r1 �CY�IL�!!C(� 1z el tt�I M"1/�a� `i�,Da3C WA, -,.h ul-'ll �cu.tr oonyartcal Y T/Lk c y u . za /o = 9, a a C11. 1 t SCOPE OF WORK �LaY� Z�ly REW,(Ql� 1-0 COO C�„�AC,y 1 CtM. A DOt R r iAI Sat�t� MAc �IA� �� PP �rt�s-s�t�/�L�✓a-^�Lt�! 5��t�4�rt o►.�, � var #t 1✓L F'CbT14A— ' 1061c� . �RYKt N� I i Does the Scope of Work change the pre -disaster conditions at the site? Special Considerations issues included? ® Yes No Is there insurance coverage on this facili[y?❑ Yes No r7PR:E:PA�REO8Y: t u NARRATIVE 0 El Yes ©-No Hazard Mitigation proposal included Q Yes 0 No COS#/L,5 T UNIT PRICE COST *113' C -V A I (.Z 4,8, #q,,,n97. c0- 8 Jo n97. °— REPLACES ALL PRSVIOU` `nITIONS. TOTAL COST Project Worksheet Declaration No. Project No. FIPS No. Date: Category: FEMA -1.3(70 - DR- � t_ NOT .. 9 (ZZ I cl'l g Applicant: County: tHDIAH IZIVO— CO. I>-iDIAH RIVE2 Damaged Facility: Work complete as of �I2 z���l D A(-Dot-I�—S I Location: Latitude: N Longitude: cumr r-Ot4 i C ATracHeb A44 P ) Damage Description & Dimensions: . EeAC4 C --Shot Scope of Work: — :�Ec_ ATTAGH&D — OBiA 1 H"r t-1 A U L; PL A (-( SaN b A i L-AGH 'S (Te As 11t401CATl-1). DIAi S'ioNj MAI VS'-`/ tJ IT- IA (tiJ CALR SI_1E BASUN 0t4 IJI_t- Ot= CR OS DO 0A AAA Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes 0 No Special Considerations issues included? 0 Yes ❑ No Hazard Mitigation proposal included? []Yes ❑No Is there insurance coverage on this facility? ❑Yes ❑No I I� cq� I �( �, c minc IL41 213 Cy IC - qb'6 %9 I I I I I I I I I I I I I I I I I Total Cost $136, Submitted By: • D PROJECT WORKSHEET REPORT ® DECLARATION NO. FEMA -FL- DR 1300 PREPARED DATE 09/22/1999 FIPS NO. 061-99061.00 REPORT DATE 12/02/1999 10:09 APPLICANT NAME INDIAN RIVER (COUNTY) (j INF SUBDIVISION ® NON -INF I PROJECT NO. 17 VERSION 0 REF PW If O Unsure 0 Unsure O Unsure O Unsure ( I REC CATEGORY B. Prolective Measures County INDIAN RIVER FUNDING OPTION COST SHAREO.75 ( ROJECT NO. 299 PROJECT TITLE EMERGENCY PROTECTIVE MEASURES PROJECTED CMPLTN DT03/22/2000 ACTUAL CMPLTN DT WORK COMPLETE AS OF: 00/00/0000 0 ELIGIBILITYYes AMOUNT ELIG$738,504.00 PRIORITYNormal OCEAN FRONT (SEE ATTACHED MAP) i ,-PW REVIEWER DATA BEGIN DESIGN DT BEGIN CONSTRUCT DT NAME DATE END DESIGN DT END CONSTUCT DTI INITIAL REVIEW KING, WILLIAM 10/19/1999 FOR FINAL REVIEW KING, WILLIAM 10119/1999 PREPARER JEFFERY TABAR ROLE APP MT PROP 0 Yes* No VALIDATED ® Yes(D No DATE PAPEDIO/20/1999 PACKAGE DATE 10/19/1999 I ATTACH Q Yes® No STATE RVWD Q Yes* No PACKAGE ID6 Does the Scope of Work change the pre -disaster conditions at the site? O Yes ® No Special Considerations issues included? Q Yes ® No Is there insurance coverage on this facility? Q Yes ® No Hazard Mitigation proposal included? Q Yes 0 No O Unsure 0 Unsure O Unsure O Unsure SITE NUMBER: 1 FACILITY NAME : BEACHES BERMS / DUNES SITE LAT: ADDRESS: SITE LONG: FL SITE NUMBER 1 - FACILITY LOCATION OCEAN FRONT (SEE ATTACHED MAP) SITE NUMBER 1 - SCOPE OF WORK (SEE ATTACHED) OBTAIN, HAUL, & PLACE SAND AT EACH SITE AS INDICATED. DIMENSIONS MAY VARY WITHIN EACH SITE BASED ON LEVEL OF EROSION DAMAGES. SITE NUMBER 1 - DAMAGE DIMENSIONSIDESCRIPTION STORM SURGE FROM HURRICANE FLOYD CAUSED BEACH EROSION. 41,028 CY OF SAND NEEDED FOR EMERGENCY BERM CONSTRUCTION TO WITHSTAND 5 - YEARS STORM SURGE. COST ESTIMATE ITEM CODE I MATERIAL AND/OR DESCRIPTION UOMQTY UNIT PRICE -1 COST ANP PUCE SAND LS 4!028 5:3.0;0 _3 =04 00 Ellgible Amounts: Total (this version) $738.504.00 Total Oblig To Date $738.504.00 Unobligated + Obligated $738.504.00 t SPECIAL CONSIDERATIONS I Does the damaged facility or item of work have insurance coverage and/or is it an insurable risk (e.g.. (J Yes. S No I Unsure buildings, equipmenl,vehicies•etc.)? z Is the damaged facility located within a floodplain or coastal high hazard area and/or does it have an (� Yes 0 No Unsure impact on a floodplain or wetland? E.. 3 Is the damaged facility or item of work located within or adjacent to a Coastal Barrier Resource System Yes ®No ('. Unsure Unit or an Otherwise Protected Area? t;... PBS1lY An employee -owned company ! October 11. 1999 I i Mr. Jeffrey Tabar. P.E. Coastal Engineer I Indian River Countv 0 C f 1840 25i1 Street 5 �oQO Vero Beach. FL 32960 Re: Project Worksheets f ' Emergency Berm Work l Indian River County, Florida Dear Jeff: Attached is a copy of the project worksheets we received from FEMA's contractor. 1' Dewberry and Davis, for emergency berm work in Indian River County. Please let me know if you have any questions or need any additional information. I t_. Sincere I Wa e D. arch, P. E. Associate Vice President I Attachment 7785 Baymeadows Way, Suite 202, Jacksonville, Florida 32256 • Telephone: 904.357.8683 • Fax: 904.; 33.6621 • Nww.pbsl.com Project Worksheet Declaration No. Project No. FIPS No. Date: Category: FEMA -Q!21, - DR- N CT G I V EH .. c( ZZ_ 1 CI it $. Applicant: County: INDIAN Iz-1Ve-9-- CO 9 -IV -- Damaged Facility: Work complete as of cH F.s ( DiJ IS Location: Latitude: Longitude:- 9-t-, ongitude: ect-,Af l r- ?O i CrE� •4iTAC-HU-) Lid P Damage Description & Dimensions: . EeAGF; E�(JSIDf`{ Scope of Work: — :�EU— ATTAGHEO — OBTAtN, ()AL)L; PLA(_F SAND A i CALM Stir✓ AS jAI)IC4TE0, DI,vte�lSloN-3 MAY \1A2-`/ vJ ITF1 tH eACK StrtL 'DA50p bra L—VO- Lt= [_�20SIDt4 DAMAGES Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes ❑ No Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included? ❑Yes ❑No Is there insurance coverage on this facility? ❑Yes ❑ No nydt '!gtnd I 141, Z8 C�If3 C 4# 13i9 5D` I I I I • I I I I Total Cost $ 'L__L Submitted By: K= TELEPHONE (561G)56 (56�) 2ENT 3" FAX: (561) 778-9391 I • s JEFCOASRSGBEEP.E. ASTR 1840 25TH STREET VERO BEACH, FL 32960 C-1 • 40 SREETC . Tll i S MAP 1S F0 --;,IT.,:>: INDIAN RIVER COUNTY LOCATION MAP Lce.a BREVARD COUNTY�....p,. S f � G 7lIL Nn00.1Nf,S OF V7AO EF:AC71 0 A 'r -- --------- ----F--..: ------- - - -- GoI` ST.LUCIE COUNTY Fiaure No.2 (County Location Nlap & `R' iMonuments) .1, /J tl vw V �rnun 1% f KIIAMCiIIR.1 � 1 moo' CaVl3 iiia: d MCI Applicant: 11*4 D t A M V co . 1 F L - Additional Information: A LG tAC? A jW3E2s A rT 1 D — EEL: N D`I�_S Coordinates: SOF MArP N t4IA W to N Nfa W g� ,W = W X z-, 2Vv = 3.7 c//LF L = 34 50 BE-JZM VOL 1Z,1� 5 c Y T, ` gER y \\ SILL VOL= 10, SCO Z' (SEE NOTES) 4 0' S — E rl 0 l ES For- &X PI-AtA ATM Cry C F 51L Estimated Sand Loss: CY/LF i Site No. Additional Information: -rA 14 I)EILL-1 !-; SE k%A P Coordinates: GeS MAP N w I L4 w i; to N NIQ W t Scam - 20 ' X 5' �21 " 3 C \,/ I L F L = -100 1 i ---JL o,—� BEQ,vI VOL= 5, 2590 SILL vOL- J -- 4O` r10rE.3 LEstimated Sand Loss: f 1 l J CY/LF • A Ll Applicant: R I V E9- 1-0 • I F L Site No. 3 Additional Information: SVA e),A-SSO 150 AAMM PLAQ—� Coordinates: I s� _ Y w MAS to K 1A N w L = 400 1—:2a n' Bum VOL 2' C� N OTES Cy Estimated Sand Loss: _ CY/LF Site No. Additional Information: VJ A GA S S O PC 4.1 S 1` A TE PAP_ I` Coordinates: I SEE MA P N to N w w L. = 4Co DLL l/OL bEQM VOL -- 2-0 14 9 z c-'� 5 z 4 0 Estimated Sand Loss: CY/LF S 4P G 4 Applicant: 1 r1 t71 ,� 2� �J �'� C� . �L - VL° I) EE A Ln Site No. 3A`!� ??o 4- BOAR.0 WAS 'L (co�L i ZFACH� Additional Information: ` ` Coordinates: SjFC- M A N � 1 A w to 1 N �1 ( A w 802 L= IISD 30 —� VOL Estimated Sand Loss: CY/LF �-` Site No. Additional Information: N V m i STa M PA QtL �� JJ \ Coordinates: et- MAP l � I� N w ,� to OJA N w B Ek i" 110LI�c — I�121 l Estimated Sand Loss: CY/LF I I 40 40 Applicant: Site No. I Additional Information: Q -W VtAL Coordinates: N w to WI -A _N w vl�l 'I :7 /Z -1 = CI I LF 310C'( Estimated Sand Loss: CYILF Site No. 00 Additional Information: Coordinates: 1 P, N w to N w U. I L Li t OT EES BECm VoL-, 3Y ZO/ ?--1 = Z. Z ClLf= L- = 3cD' \IDL = WOO C/ SILL VOL= h3o —ZO-M— It 4D, Estimated Sand Loss: u T,,7 CYILF E L • CLIENT J0B NO. `®,iq MOFFATT & NICHOL E N O I N E E R 9 PROJECT SHEET OF DESIGN FOR ` �t D (A N 2.1 VeA2- DESIGNER DATE CHECKER DATE 51-r E S- 1 L L Vel ---- - ---- iL -!V) 2-60 14 2- a (qb 0 1130: .. 41_,.0 — - - ---- _ Tbra - - psi---- SD ^ i . a E-3 40 40 CLIENT F� JOEI NO. b,dhlq MQFFATr & NICHOL PROJECT SHEET OF E N 0 1 N E E R 5 DESIGN FOR DESIGNER DATE CHECKER JDATE 40 40 CLIENT......._ JOB N0. ®®®® MOF 'ATT & MCHOL PflOJECT - - - ! SHEET OF E E N O i N E E G 5 DESIGN FORi _ DESIGNER _ �.: �,�- , •,( CHECKER DATE j FVLL Ss-CTI01\ 56 0 17 .-- .-- - Z3 SO�. i'.t.,1 s-1 U CLIENT JOB NO. hdh,lq MOFFATT & NICHOL PROJECTSHEET OF DESIGN FOR I DESIGNER"T E E N 0 1 N E E R 3 Z V CHECKER L.T E i fl! INA A '6�F. AT ......... .. . ft ---- --- - rt =7" CY! U 40 40 40 CLIENT C� ,y1R JOB NO. MOFFATT & NICHOL PaOJECT N p i A fit( ° I Uc P D , DESIGSHEEOF ®d®lq E N G I N E E R S DESIGN FOR G - 1 T ZZ, TDDESIGNER-- vUM AA 1_ Z � t, Ari^ CHECNEa 047E ' V�ai - -- F �_DOUtat;oorl �>1 .... - 2' yQ 51t_L Plcl la�C.- i S=A''rbla's - — _... -- \r=te Id" 1 -_�- - _ - -- ' i A '71 CLIENT Ply ,! JOB NO. ,"�MOFFATT & MCHOL PROJECT i [A+ l { %= i = SHEET " OF B N O 1 N E E R B OESION FOR G�` !-{ DESIG7E CHECKER DATE 40 40 17 40 4n J a CLIENT JOB NO. hdkilq POITATT &!NICHOL N 0 1 N E E R 3 :z -p- Tr SHEET OF -F_ OESION FOR -,k T <7 C.( DESIGNER 04-M A t4- CHECKER DATE SITE vc P 0 xk c A IFN ra 0 C-- o ce- g. IG L A . ....... .. e I40': -mi- A L QQL --CCEA (j P i 13 20, - t- --- ----- StL .-FA Pf T c! LO --------- - ------ - I ip SILL JA! �i o T -o! CA IJ '0A D TY P 1. CA' 11 c, s a 40 ( PRELIMINARY DAMAGE ASSESMENT Hurricane Floyd -September, 1999 Inspection Narrative i Areas inspected Indian River County Inspection Date September 22 1999 Items Beaches -Category B PIPS # (not provided) only Incident Period September 13 1999 County Indian River Inspectors Darryl Hatheway Declaration 1300 -DR -FL Jonica Vidrine Wayne Lasch Local Contacts: Jeffery Tabar, Coastal Engineer, Indian River County (561) 235.1431 Summary Site visits were performed at several sites selected by Jeff Tabar, coastal engineer for the County. Areas were characterized by dunes 3-5 feet and as high as 8-10 feet in height that eroded during the storm that left a sharp scarp at the base of the remaining dunes. In order to provide reasonable protection of severely eroded higher dunes with a sharp scarp at narrow beaches, we implemented the use of a sill underlying the emergency berm. This sill would improve the sustainability of the emergency berm by being a buffer to the swash zone during high tide such that the toe of the emergency berm will not be immediately washed away. The typical sill has dimensions of 2 feet by 40 feet (in width) and is wider than the emergency berm. The sill volume per linear foot is not included in the berm volume per linear foot. See attached filed notes for further explanation of sill volume computations. Eligible sites include areas where houses are at risk due to low elevation or close proximity to the dune edge, and where areas where parking lots are at risk. The following is a summary of each eligible site. 0 0 Sand Prices —1300 -DR -FL For those areas, within the limits of the declaration, that were not able to provide documentation regarding recent sand placement, a default value of 518.00/CY was used for purposes of estimation on this project worksheet. This value comes as a result of a September 18, 1999 meeting, held at the Florida EOC (Tallahassee Office). The figure quoted is as a result of recent projects completed in various areas of the state and is comprehensive (i.e., includes the cost of the sand, transportation, placing and shaping). F Photographs Site 1-Ambersand Area f> There were several stretches of improved property at immediate risk; therefore, the are was lumped into one stretch of area of need of an emergency berm and sill. This ►r decision was coordinated with the FEMA PAO. m -- Oro iL �✓ v S f } wft J 1 r- �.... _ � Kms_<• - :. rYy IA- �rNIR '•r{"i�'1� HIM do C Site 3- Summer Place Area is flanked by two seawalls; therefore, tapering of the sills is not necessary. L. Site 4-Wabasso Beach State Park Parking lot is at risk. Seawall Flanks the northern end. T_ rte: 40 Site 6-Humiston Park Parking lot is at risk, and seawalls Flank the area. ?s` ... .,SIY:ti mow. •- - .. A, .. ?s` ... .,SIY:ti mow. •- - .. • • DISASTER RELIEF FUNDING AGREEMENT DCA AGREEMENT No. 00-RM-xx-10-40-01-004 w, FEMA PROJECT APPLICATION NO. 061-99061-00 This Agreement is between the State of Florida, Department of Community Affairs (Grantee) and, ind an River Country (Subgrantee). This Agreement is based on the existence of the following conditions: Hurricane Floyd caused severe flooding and other extreme weather conditions beginning on September 14, 1999 and continuing until September 25, 1999 which have had a devastating impact upon the State of Florida. Because of the danger posed by Hurricane Floyd to the State of Florida, the Governor issued Executive Order No. 99-227, as extended by Executive Orders Nos. 99-228 and 99-236, in which he declared an emergency due to Hurricane Floyd. At the request of the Governor, on September 22, 1999 the President declared Hurricane Floyd a major disaster in FEMA -1300 -DR for the counties of Brevard, Duval, Flagler, Indian River, Martin, Nassau, St. Johns, St. Lucie, and Volusia. The Federal Emergency Management Agency has approved Public Assistance for the Grantee in its Agreement with the State of Florida for these counties and others (Glades, Highlands, and Palm Beach) added by Amendments to that Agreement. The Agreement between the State of Florida and the Federal Emergency Management Agency, governing the use of such funds, �_. requires the State to share the costs eligible for federal assistance. s_ OR t Chapter 99-226, Fla. Laws, in Specific Appropriation No. 3.122, provides that Federal disaster assistance matching requirements shall be shared equally between the State and its ,I . subgrantees. i Sections 252.35, 252.36, 252.37, and 252.38 Florida Statutes, authorize the relationship described in this Agreement. Based upon the existence of the foregoing conditions the parties agree to the following: 1. DEFINITIONS: As used in this Agreement, the following terms shall have the following meanings unless otherwise specified: a. "Eligible disaster relief activities", as used in this Agreement, means those activities authorized in the FEMA - State Agreement, as defined herein below; Public Law 93-288, as amended by Public Law 100-707 (hereinafter the "Stafford Act"); Title 44 CFR, Part 206, and applicable Federal Emergency Management Agency or State guidance documents. b. "FEMA -State Agreement" shall mean that agreement between FEMA and the State of Florida, for Hurricane Floyd, FEMA -1300 -DR -FL and all modifications thereto. c. "Large Project" and "Small Project" shall be defined as indicated in 44 CFR 206.203(c). d. Permanent Work" shall be defined as in 44 CFR 206.201(g). e."Emergency Work" shall be defined as in 44 CFR Page 2 FEMA -1300 -DR -FL 1. . • 40 40 206.201(b). f. "Project" shall be defined as in 44CFR 206.201(i). 2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties agree to be bound by all terms of the FEMA -State Agreement and all applicable state and federal statutes, regulations, guidance and handbooks, including but not limited to those identified in Attachments A and C, and the pertinent implementing regulations and guidance. 3. FUNDING and INSURANCE: The Grantee shall provide funds to the Subgrantee for eligible emergency assistance activities for the projects approved by the Grantee and FEMA, specifically described in the Project Worksheet(s) (PW(s)). Allowable costs shall be determined in accordance with 44 CFR §20G and 44 CFR Part 13, and pertinent FEMA guidance documents. Approved PWs shall be transmitted to the Subgrantee and shall cumulatively document the specific amount of funding provided, and the applicable scope(s) of eligible work and eligible costs, under this Agreement. PWs may obligate, or deobligate funding, thereby revising the total amount of authorized funding. PWs document the total eligible costs and the total Federal share of 75& for all eligible emergency work costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non -Federal share (12%% of total eligible costs). As a condition of receipt of this funding, and contingent upon an appropriation by the Florida Legislature where required, the Subgrantee similarly agrees to provide one-half of Page 3 FEMA-13DO-DR-FL 4. D 40 Subgrantee. In the event the Grantee determines a duplication of benefits has occurred, the Subgrantee hereby authorizes the Grantee or the Comptroller of the State of Florida to take offset action against any other available funding due the Subgrantee. The Comptroller is authorized to pay such offset to the Grantee i upon written notice from the Grantee. 1 5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS: The Subgrantee shall be responsible for implementation and completion of the approved projects described in the PW(s) in a manner satisfactory to the Grantee, and in accordance with applicable federal, state, and local statutes, regulations, plans, and policies. Any development authorized by, any development order issued by, any permit issued by, or any development activity undertaken by, the Subgrantee, and any land use permitted by or engaged in by the Subgrantee, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Subgrantee shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the'pertinent Water Management District, the 1. Florida Department of Environmental Protection, the Florida Department of Health, and any Federal, State or local I page 5 FEMA-13WDR-FL L i L any non -Federal share (12MV of total eligible costs). Subgrantee agrees that the Grantee is authorized to withhold funds otherwise payable to Subgrantee, from any agreement administered by the Grantee, upon a determination by the Grantee or FEMA, or any auditor, that funds have been provided to Subgrantee pursuant to this Agreement, or any other disaster relief funding agreement administered by the Grantee, in excess of eligible costs. The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. All categories of work (Category A through G) are eligible for reimbursement under this agreement. 4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Subgrantee shall notify the Grantee, as soon as practicable, of the existence of any insurance coverage for the damage identified on the PW, and of any entitlement or recovery to payments from any other source, for the projects described in the PW(s). Eligible costs shall be reduced by the amount of duplicate sources available. The Subgrantee shall be liable to the Grantee to the extent that the Subgrantee receives duplicate benefits from another source for the same purposes'for which the Subgrantee has received payment from the Grantee. The Subgrantee shall immediately remit to the Grantee any duplication of benefits payment received by the Page 4 FEMA -1300 -DR -FL C'] 40 Q I been completed, and all costs claimed have been paid in full. The Subgrantee shall also enter the date the work was completed and the amount claimed for each PW on the Project Listing. The Grantee will inspect Small Projects on a random basis. The Grantee will schedule and perform the final inspections on Large Projects, and review the Project Listing for Small Projects or inspect the project, to ensure that the work was performed within the scope of work delineated on the PW(s). Costs of any work not performed within the approved scope of work shall not be eligible for funding 7. COST SRARING: The disaster relief funds for eligible costs indicated on the PW(s) and described in this Agreement shall be shared in accordance with the cost sharing provisions established in the Stafford Act, the FEMA -State Agreement, and Chapter 99-226, Laws of Florida, Specific Appropriation 1122. PW(s) document the total eligible costs and the total Federal share (75%) of those costs. The Grantee agrees to provide one- half of the non -Federal share (12%% of total eligible costs). As a condition of receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non -Federal share (12MV of total eligible costs). Administrative costs which according to the schedule are in addition to and not part of the PW(s) eligible costs, and are otherwise eligible under 44 CFR 206.228 and involve no required match, will be funded by FEMA. 8. PAYMENT OF CLAIMS: a. Small Projects: The Grantee shall make payment to Page 7 FEMA•1300-DR•FL • 40 ® I . I environmental or land use authority, where required. ( In addition, Subgrantee shall comply with other federal and i state environmental laws, statutes, regulations, and guidance r including, but are not limited to, those identified in Attachments A and C. r Subgrantee further agrees to provide and maintain competent and adequate engineering or other supervision at all construction or work sites to ensure that the complete work conforms with the approved plans, specifications, and scope of work. 6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in connection with a PW. Failure to create and maintain proper documentation will result in the disallowance of funding, and require the refund of funds previously reimbursed or advanced, including an interest penalty. For all Large projects, the Subgrantee shall submit: (a) a request for reimbursement of actual costs (see Attachment D); (b) a Summary of Documentation (See Attachment E) which shall be supported by, but not attached, all appropriate backup documentation (e.g. invoices, canceled checks, daily activity reports, payroll records, time sheets, executed contracts, receipts, purchase orders, billing - statements, etc.); and (c) a request for a final inspection. For all projects the Subgrantee shall certify, on the P.9 Project Listing, that all work and costs claimed are eligible in L accordance with the Grant conditions, that all work claimed has Page 6 FEMA -1300 -DR -FL L., 4_. 40 40 the Subgrantee of the Federal share of the actual eligible costs as soon as practicable after execution of this Agreement and receipt from FEMA of the pertinent approved PW(s). b. Large Projects: The payments for Large Projects will be on a cost reimbursement basis and subject to receipt of the following: (1) a Request For Advance or Reimbursement Form (See Attachment D); (2) a Summary of Documentation Form, (See Attachment E) listing the PW number, identifying the audit ready documentation that exists to support the payment request, identifying the dollar amounts of each eligible cost, and identifying the Subgrantee's own internal reference number (voucher, warrant, purchase order, etc.); and (3) a letter providing a brief synopsis of the request, and certifying that the reported costs were incurred in the performance of eligible work. c. Advances: This Subgrantee may, at the discretion of the Grantee, be paid an advance of funds, provided that the Subgrantee: (1) demonstrates and maintains the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and their disbursement; (2) submits budget data on which the request is based; (3) submits a justification statement explaining the necessity for and.proposed use of the funds, and specification of the amount requested; and (A) submits a completed Request for Advance or Reimbursement Form. After any advance, and in the event no advance is provided, all payments shall be on a cost reimbursement basis. Psge 6 FEMA-13WDR-FL L_ • 40 Subgrantees shall promptly, but at least quarterly, remit interest earned on advances (if any)to the Grantee for remittance to FEMA. d. Improved Projects: If the Subgrantee desires to make improvements, but still restore the pre -disaster function of the damaged facility in accordance with 44 CFR 206.203, the Subgrantee must obtain prior approval from the Grantee. e. Alternate Projects: In any case in which the Subgrantee determines that the public welfare would not.be best served by restoring a damaged public facility, or function of that facility, the Subgrantee may request that the Grantee and FEMA approve, in advance of performing any work, an alternate project in accordance with 44 CFR 206.203. f. Withholding of Funds: The Grantee may, in its sole discretion, withhold a percentage of funding (up to 12.51: of total project funding, the full.non-federal share paid by the State) provided under this Agreement in order to protect against subsequent adverse determinations by FEMA regarding previously authorized or disbursed grant funds. 9. FINAL PAYMENT: The final payment will be made only after completion of all projects, submission of all required documentation, receipt and review of P.4 Project Listing, completion of random inspection of Small Projects (as determined by Grantee), final inspection (Large Projects), and a request for final reimbursement. 10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain Page FEMA -1300 -DR -FL s 0 0 all records pertaining to the projects described in the PW(s) and the funds received under this Agreement until all issues relating to the inspection and final audit have been completed, and any action or resolution of outstanding issues have been completed. In no event will such records be maintained for a period of less than three (3) years from the date of the final payment under this Agreement. Access to those records must be provided at reasonable times to the Comptroller General of the United States, the Grantee, its employees and agents, and to FEMA, its employees and agents. 11. RECOVERY OF FUNDS: If the final inspection, audit, or other review by FEMA, the State, or any other authorized entity determines that payment made under this Agreement exceeds the amount of actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt of the determination notice, repay the Grantee the amount determined to be in excess of the actual costs. 12. AUDIT: a. Subgrantees shall submit an Audit of Agreement Compliance to the Grantee as provided herein. If the Subgrantee expends $300,000 or more in Federal awards in its fiscal year, then the Subgrantee shall have an audit conducted. This audit will be performed by an independent Certified Public Accountant or other entity independent of the Subgrantee in accordance with the standards of the Comptroller General as specified in the General Accounting office Standards for Audit of Governmental Page 10 FEMA -1300 -DR -FL 40 Organizations, Programd, Activities and Functions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The agreement number of thjs grant_with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, and OMB Circular A-133, as revised June 24, 1997, or thereafter. If the Subgrantee is a private non-profit organization, it shall submit an organization -wide audit. All audits are due not later than seven (7) months after the termination of the entity's fiscal year. If the Subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133 is not required, but an audit may otherwise be required under Section 216.3491, Florida Statutes, and rules. adopted pursuant.thereto. b. The Grantee may require the Subgrantee to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization -wide audits. Such audits may be necessary to - determine the adequacy, accuracy, and reliability of the Subgrantee's internal controls, fiscal data, and management systems established to safeguard the Subgrantee's assets and to ensure compliance with this Agreement. l_ I Page 11 FEMA -1300 -DR -FL L_ • 71 c. I£ this Agreement is closed out without an audit, the Grantee reserves the right to recover any disallowed costs identified in an audit after such close-out. 13. NONCOMPLIANCE: If the Subgrantee violates any of the conditions of disaster relief assistance under the Robert T. Stafford Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the FEMA -State Agreement, this Agreement, or applicable state law or applicable state or federal regulations, including those noted herein, additional financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected, or the Grantee may take any other action that is legally available. 14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall maintain an active program of nondiscrimination in disaster assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section 206.11. The Subgrantee shall comply with federal regulations concerning the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR Part 17. 15. MODIFICATION: Either party may request modifications to this Agreement, except for scope of work to be completed on the PW(s) and the time limitations for performance of the work which are subject to modification in accordance with separate I procedures governed by FEMA regulation. Modifications to the L terms and conditions of this Agreement shall be proposed in Page 12 FEMA -1300 -DR -FL L. I L f' writing by either party and become effective only upon execution i' by both parties. Modifications to any PW or the time for i performance of eligible work shall be requested through the F Grantee, approved solely at the discretion of FEMA and shall be reflected in a supplemental PW or time extension approval. Modifications to a PW shall not be reflected in a modification to this Agreement. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria for completion is due to events beyond the control of the Subgrantee. 16. TIME FOR PERFORMANCE: All activities funded under this Agreement shall be timely performed and completed. In accordance with 44 CFR 206.204, and subject to any approved extension by the Governor's Authorized Representative (GAR) or the Federal Regional Director, the term for performance of debris clearance or emergency work is six (6) months from the date of the declaration of a major disaster or emergency. Permanent (restoration) work must be completed within eighteen (18) months of the date of the Presidential Declaration of a major disaster. Time extensions may be granted on an individual basis, in accordance with 44 CFR 206.204. If any extension request is denied, the Subgrantee may be reimbursed for eligible project costs incurred up to the latest approved completion date. Failure to complete the project will result in the denial of Page 13 FEMA•13DD-DR•FL do • funding for that project. 17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with any other entity (herein after "contractor") for performance of any of the work required under this Agreement, the Subgrantee agrees to include in the contract that the contractor is bound by the terms and conditions of this Agreement with the Grantee, and to provide the contractor with a copy of this Agreement. The Subgrantee further agrees to include in the contract that the contractor shall hold the Subgrantee and the Grantee harmless against all claims of whatever nature arising out of the performance of the work by the contractor under the contract. To the extent that the Subgrantee has outstanding, uncompleted, contracts for work for which reimbursement will be requested under this Agreement, Subgrantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. 18. TERMINATION: Either party may request termination of this Agreement, in writing, delivered in person, or by certified mail, to the party's representative who executes this Agreement. Said termination may be accomplished by mutual agreement of the parties, effective thirty (30) days after an executed modification to effect termination. 19. LIABILITY: (a) The Grantee assumes no liability whatsoever to third parties as a result of this Agreement. Unless the Subgrantee is a State agency or subdivision as defined in Section 768.28, Florida Statutes, the Subgrantee shall be solely responsible to Pap 14 FEMA-13DO-DR-FL 40 40 parties with whom it shall deal in carrying out the terms of this Agreement, and shall indemnify and save the Grantee and the State of Florida harmless against all claims, suits, liabilities and damages, of whatever nature, arising out of the performance of activities funded or contemplated under this Agreement. For purposes of this Agreement, Subgrantee agrees that it is not an employee or agent of the Grantee but is an independent contractor. (b) Any Subgrantee which is a State agency or subdivision, as defined in Section 768.28, Ela. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subgrantee to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of the performance of this Agreement. (c) Subgrantee represents and warrants that hazardous and toxic materials, if present at any locations where the scope(s) of work will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Subgrantee further represents and warrants that household hazardous waste meeting the definition set forth in 40 CFR shall be handled in a manner which meets all Federal, State and local laws and regulations. Subgrantee further Page 15 FEMA -1300 -DR -FL • • 1• represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws and regulations (including but not limited to: above ground or underground storage tanks or vessels, asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals, and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. 20. REPORTS: The Subgrantee shall provide quarterly progress reports to the Grantee, using the attached Quarterly Report Form, Attachment F. Refer to the "Quarterly Report Schedule and Instructions" (Attachment G) for the due date of the first report. Reports are due quarterly thereafter until the work has- been completed and approved through final inspection. Reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the'grant award. Interim inspections shall be scheduled by the Subgrantee prior to the final inspection and may be required by the Grantee based on information supplied in the quarterly reports. The Grantee may require additional reports as needed. The Subgrantee shall, as soon as possible, provide any additional reports requested by the Grantee. The Grantee contact will be the State Public Assistance officer for all reports and requests for reimbursement. Page 16 FEMA -1300 -DR -FL • db 21. STANDARD CONDITIONS: The Subgrantee further agrees to be bound by the following standard conditions: a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, or the provision of funding to the Grantee pursuant to Section 252.37, Florida Statutes. b. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre= and post- audit thereof. c. The Grantee may unilaterally cancel this Agreement for refusal by the Subgrantee or its contractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee or its subcontractor in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's or their contractor's refusal to comply with this provision shall constitute a breach of contract, and.constitute grounds for termination. d. Pursuant to Section 216.347, Florida Statutes, and applicable federal law, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature, state agency employees, Members of Congress, officers or employees of Congress, or an employee of a Member of Congress in connection with the awarding of this Agreement or any amendments or modifications of this Agreement. e. The Subgrantee certifies with respect to this Page 17 FEMA -1300 -DR -FL F-1 s r Agreement that it possesses the legal authority to receive the !' funds. i f. The Subgrantee shall comply with any Statement of i Assurance attached hereto, which shall be incorporated herein. The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the recipient Subgrantee and acknowledges that failure to do so constitutes grounds for the recision or suspension of this subgrant and may influence future subgrant awards. g. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Grantee shall consider the employment by any Subgrantee or contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Grantee. h. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real Prge IS FEMA -1300 -DR -FL • 40 40 property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 22. TERM: This Agreement shall begin upon the date last signed and shall end upon receipt of official closing documentation from FEMA unless terminated earlier in accordance with the provisions of this Agreement. Subgrantee agrees to promptly commence and to expeditiously complete the scope of work identified herein. All emergency work, Categories A and B, must be completed within 6 months of the date of declaration, or by March 22, 2000. All permanent work, Categories C through G, must be completed within 18 months of the date of declaration, or by March 22, 2001. 23. NOTICE AND CONTACT: All notices under this Agreement shall be in writing, delivered either by hand delivery or certified mail to the representative and address below: Page 19 FOR THE GRANTEE: Joseph F. Myers, GAR State Public Assistance 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: James E. Chandler, Administrator Indian River County 1840 25th Street Vero Beach, FL 32960 FEMA -130G -DR -FL 40 4P r f 24. DEFAULT; REMEDIES; TERMINATION a. If any of the following events occur ("Events of ` Default"), all obligations on the part of the Grantee to make any f if the Grantee so further payment of funds hereunder shall, elects, terminate, and the Grantee may at its option exercise any of its remedies set forth herein, but the Grantee may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment - 1. If any warranty or representation made by the Subgrantee in this Agreement or any previous Agreement with the Grantee shall at any time be false or misleading in any respect, or if the Subgrantee shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Grantee.and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Subgrantee at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Grantee, and the Subgrantee fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Grantee; 3. If any reports required by this Agreement have 1. Pap 20 FEMA-1300-DR•FL 1 , G._ • F not been submitted to the Grantee or have been submitted with incorrect, incomplete or insufficient information; or 4. If the necessary funds are not available to r fund this agreement as a result of action by Congress, the Legislature, the Office of. the Comptroller or the Office of Management and Budget. b. Upon the happening of an Event of Default, then the Grantee may, at its option, upon written notice to the Subgrantee and upon the Subgrantee°s failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Grantee from pursuing any other remedies contained herein or otherwise provided at law or in equity; 1. Terminate this Agreement, provided that the Subgrantee is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (23) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information Page 21 FEMA -1300 -DR -FL from the Subgrantee to determine the reasons for or the extent o non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subgrantee to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Subgrantee to reimburse the Grantee for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. c. The Grantee may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application; misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Subgrantee to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, FS, as amended. d. Suspension or termination constitutes final Grantee action under Chapter 120, Fa, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. However, any deobligation of funds or any other determination made by FEMA shall be addressed as provided in 44 CFR 206.206. l_ Page 22 FEMA -1300 -DR -FL 40 40 e. The Subgrantee shall return funds to the Grantee if found in non-compliance with laws, rules, regulations governing l the use of the funds or this Agreement. f. Notwithstanding the above, the Subgrantee shall not ! be relieved of liability to the Grantee by virtue of any breach of Agreement by the Subgrantee. The Grantee may, to the extent authorized by law, withhold any payments to the Subgrantee for i purpose of set-off until such time as the exact amount of damages i due the Grantee from the Subgrantee is determined. In the event the FEMA deobligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division, then Subgrantee shall immediately repay said funds to the Grantee. If Subgrantee fails to repay said funds, then Subgrantee authorizes the Grantee to recoup said funds from funding otherwise available under this Agreement or under any other grant Agreement with Subgrantee administered by the Grantee. 25. ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully herein. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. C. This Agreement has the following attachments: Attachment A Program Statutes and Regulations Attachment B Lobbying Prohibition/Certification Page 23 FEMA -1300 -DR -FL C-1 • i L Attachment C Statement of Assurances Attachment D Request for Advance or Reimbursement Attachment E Summary of Documentation Attachment F Florida Public Assistance Quarterly Report Attachment G Quarterly Report Schedule and Instructions 26. DESIGNATED AGENT: The Subgrantee hereby authorizes: aures F Chandler as its primary designated agent, and ug1a; M Wright as its alternate designated agent, to execute Requests for Reimbursement, necessary certifications, and other supplementary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: Indian River County Hoard of County Commissioners By: (sign—) Kenneth R. Macht (Print or Type None) Chairman (Title) (D-) Subgrantee's Federal Employer Identification No. 59-6000674 Page 24 FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS M (signature) Joseph F Myers (Print or Type Name) Governor's Authorized Representative critic) (D-) Federal Domestic Assistance #83.544 FEMA -1300 -DR -FL J J a. A1ACHMENT A f` j pggGRAm STATUTES AND REGULATIONS The parties to this Agreement and the Public Assistance and Fire Suppression Grant Programs are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121, et seq; (2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda, handbooks and guidance documents; (3) State of Florida Administrative Plan for the Public Assistance Grant Program; and (4) All applicable laws and regulations delineated in Attachment C of this Agreement. A-1 do 40 ATTACHMENT B LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -L. "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Signature ,. B-1 Kenneth R. Macht, Board Chairman Typed Name and Title ATTACHMENT C STATEMENT OF ASSURANCES The Subgrantee hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief executive officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subgrantee shall incorporate -or cause to be incorporated, in all such contracts or subcontractsa provision prohibiting such interest pursuant to the purposes stated above; (d) All Subgrantee contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Subgrantee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Subgrantee. Any cost incurred after a notice of suspension or, termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; C - 1 • L I (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work- week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended ,(42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; C - 2 A 0''.M l (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant { thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 91 where applicable, which prohibits _992.), discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and section 112.3135, FS; (i) It will comply with the Anti -kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594, 598, 600- 605 (f/k/a the Hatch Act) which limits the political activity of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance ie available as a condition for the receipt of any Federal financial assistance for construction or acquisition �- purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, (" subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; C - 3 I L r� • r (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 = Section 101- 19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its.performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act. of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the •Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NEIPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Subgrantee's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 8,00.(2)(e), the FEMA may require Subgrantee to review the eligible scope of work in consultation with the State Historic Preservation office (SHPO) and suggest methods of repair or construction that will i_. conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation I C - 4 I 10 set 1iaM for •sWilitatug •lstorle 9aildines am (dtem6 r4e). the Secretary of the Interior's Oal,Mlimies for Aralteolaeloal Oosaneotstion (Guidelines) (44 ruderal Register 44734-)7). or any other applicable .. secretary of Interior standards. If FM determines that the eligible scope of work will not conform with the Standards, Subgrantee agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Subgrantee agrees to notify FEMA and the Department .if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drainer, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities, The SHPO will advise Subgrantee on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will cake recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Subgrantee is unable to avoid the archeological property, the Subgrantee will deyelcp, in consultation with the SHFO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication •Treatsent of Archeological rtapertla.• Subgranta ahall forward information royard ag the treatment plan to FE"A. the BMPO and the Comcil foe review. It the SKPO and the Council do not oh)ect wathia 1S colander days of receipt of the treetiasat plan. VM may direct awbWantoe to iaplenent OW tree"Mat plan. It sut&at the ceY cll or the SO a C - s 40 • �,. object, Subgrantee shall not proceed with the project until the objection is resolved. (6) Subgrantee shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental PW or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Subgrantee acknowledges that FEMA may require Subgrantee to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Subgrantee further acknowledges that FEMA may require Subgrantee to take . all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Subgrantee also acknowledges that FEMA will require, and Subgrantee shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Subgrantee acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Subgrantee intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 USC 4521-45-94) relating to nondiscrimination on i. the basis of alcohol abuse or alcoholism; i C-6 I 40 (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 USC 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. (s) It will comply with the Animal Laboratory Welfare Act of 1966, 7 USC 2131-2159; (t) It will comply with the Civil Rights Act of 1968, Title VI and VIII, 42 USC 2000c and 42 USC 3601-3619. (u) It will comply with the Clean Air Act of 1970, as amended, 42 USC 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 USC 7419-7626; . (w) It will comply with the Davis -Bacon Act, 40 USC 276a; (x) It will comply with the Endangered Species Act of 1973, 16 USC 1531-1544; (y) It will comply with the Intergovernmental Personnel Act of 1970, 42 USC 4728-4763; (z) It will comply with the National Historic Preservation Act of 1966, 16 USC 270; (aa) It will comply with the National Environmental Policy Act of 1969, 42 USC 4321-4347; (bb) It will comply with the Preservation of Archeological and Historical Data Act of 1966, 16 USC 469a, et seq; (cc) It will comply with the Rehabilitation Act of 1973, Section 504, 29 USC 794; (dd) It will comply with the Safe Drinking Water Act of 1974, 42 USC 300f -300j; (ee) It will comply with the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 USC 4621-4638; (ff) It will comply with the Wild and Scenic Rivers Act of 1968, 16 USC 1271-1287; and (gg) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); and EO 11990 (Wetlands); and EO 12848 (Environmental Justice). C - 7 C-1 G D (hh) It will comply with the Coastal Barrier Resources Act of 1977, 16 USC 3510. (ii) It will comply with the Coastal Zone Management Act of 1972, 16 USC 1451-1464. (jj) it will comply with the Fish and Wildlife Coordination Act of 1958; 16 USC 661-666. (kk) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Subgrantee's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where �._ water wells or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the i_. Energy Policy and Conservation Act (Public Law 94 - 163) . i C - 8 L: ob 40 40 11. Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.1368), Executive Order 11738, and the U. S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. C - 9 Lj • F' ATTACHMENT D FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS I DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement for Public Assistance Funds SUBGRANTEE NAME: DEC NO: ' ADDRESS: PA ID NO: PAYMENT NO: DCA AGREEMENT NO: TOTAL CURRENT REQUEST S I certify that to the best of my knowledge and belief the above accounts are coma and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT S ADM MSTRATIVE COST S _ GOVERNOR'S AUTHORIZED REPRESENTATIVE. TOTAL PAYMENT $ DATE D - I DSR DCA USE ONLY APPROVED FOR PAYMENT CONOVOR S ELIGIBLE AMOUNT PREVIOUS PAYMENTS CURRENT REQUEST DSR# CATEGORY % COMPLETE_ DSRM CATEGORY % COMPLETE DSPJI CATEGORY % COMPLETE_ DSRk CATEGORY % COMPLETE_ DSRN CATEGORY I %COMPLETE_ TOTAL CURRENT REQUEST S I certify that to the best of my knowledge and belief the above accounts are coma and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT S ADM MSTRATIVE COST S _ GOVERNOR'S AUTHORIZED REPRESENTATIVE. TOTAL PAYMENT $ DATE D - I L7 E-1 AVACIBMENT E FLORIDA DIVISION OF EMERGENCY MANAGEMENT i SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT (MARVIED FOR ELIGIBLE DISASTER WORK Subgrantee: i Disaster No. (` DCA Agreement No. Project Application No. i t App6aaY Pderma No. DdWM Due of RS?0AZt TAnoN ApWk-l'■ (Wu`aot. vocha, cWto ankh a Lim Dom-owdon (APPtk'r paYroD, muaW oa of apptk-es cock, E14Mk COW a Sche&k No.) pafamroce aavtca. 2Wl , t *wood egik_w and o d ve dor a cmuacta) by cat'm rod (SM Um Y® to the approved projoce apptkadm and `tve a Mer dtKvWm d de udda or urvka. 1 IL'I it TOTAL a i► TOTAL 1 E-1 I r�� t t =� E+ U 0 r� V C� I r�� ATTACHMENT G FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS Quarterly Progress Reports are required by the Disaster Funding Agreements for all subgrantees until all their Protect Worksheets (PWs, formerly Damage Survey Reports (DSRs}), are completed. Subgrantee reports are reviewed by the Grants Manager, then consolidated by disaster event (declaration number) and forwarded to FEMA Region IV as required by the FEMA/State Agreement for each disaster. The State reports are due to FEMA Region IV thirty (30) days after the end of the reporting quarter. Reporting quarters and submission dates are listed below for your information and compliance. QUARTERS DUE TO STATE BY January -March April 15"(or 1"work day after) April -June June 15" (or 1" work day after) July -September October 15" (or V work day after) October -December January 15'" (or 1" work day after) STATE SUBMISSION TO FEMA Not Later Than -April 30° Not Later Than -July 31" Not Later Than- October 31" Not Later Than -January 31" Subgrantees involved in their "fust" or a "new" disaster grant will be advised of the date required for the submission of their first Quarterly Report for that disaster. All subsequent Quarterly Report submissions will follow the schedule outlined above. Subgrantees involved in more than one open disaster grant must submit separate reports for each disaster that has outstanding DSR projects. Please be aware, the Department will withhold payment of any disaster funds due if the report is not submitted on time. Subgrantees should contact their Grants Manager for guidance in preparing their "first" Quarterly Progress Report for any disaster. If you have any question, contact your Grants Manager. JFM/js G-1