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HomeMy WebLinkAbout2004-013 B of 3) C1 � - 0 / . LJ 1 r G 1 nut CONTRACT DOCUMENTS AND SPECIFICATIONS ' FOR NORTH COUNTY REGIONAL PARK, PHASE 2 PROJECT NO . 0399 VOLUME I 1 0399-00001 - Project Title Page.doc 00001 - 1 F:\Engineering\Capital ProjectsW399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00001 • Project Title Page.doc Rev. OS/Ot Y ✓ 1 ✓ Y • .✓ Y • ✓ Y • ✓ Y • ✓ Y • JY • ✓ Y • ✓ Y • ✓ Y • ✓ Y • JY • ✓ V ✓ Y • ✓ Y • ✓ V ✓ Y V • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Rr Rr Rr Rr R ✓ Rr R ✓ Rr R ✓ n R Rr • Rr Rr, Rr • Rr sr R1 As ✓ Jvp Y 1 Y ✓ • 1 R li • � � 1 1 � i (� • 1- ITS ✓ • ✓ ✓ - V i • • • V ✓ V 11' 11 I 1 i 1 • • .•rc 1 . I 1 . • • V ✓ • � - r • R s • R y • ✓ I�" 1 � I I Y • r rf• R Y • ✓ ✓ y ✓•V ✓4V 1 JN J V J V ✓ V W R !1 R ✓ Rr • R • Rr tir Rr Rr Rr Rr • R t 1 ®IN 1 1� iN COO WE TAU9T n Er�1artment of Otatt I certify that the attached is a true and correct copy of arm RN the Articles of Incorporation of MARSICANO LAND DEVELOPMENT , INC . , a corporation organized under the Laws of the State of Florida , filed on June 5 , 1979 . Kin a The charter number for this corporation is 623915 . n PAM PA ffm EM Murn undrr my 4unb and tl?r %rpat &TNE Sr4rA �. Oral of tot Otatr of Noriba , at G � e �o Xalla4asarr, tlir T , t4is � a 6th ba f 1979 . s I,`,QOD WET CER 101 rrrrtarLi o -%5tatr 12-78 ��� NIMM � � FLORIDA — STATE OF THE ARTS ARTICLES OF INCORPORATION au c r � OF Lit• �' `T� MARSICANO LAND DEVELOPMENT , INC . v ARTICLE I - NAME The name of this corporation is : MARSICANO LAND DEVELOPMENT , INC . ARTICLE II - NATURE OF . BUSINESS The general nature of the business to be transacted by this corporation is : To engage in any lawful business , to pur - chase , or otherwise acquire , and to own , mortgage , pledge , sell , convey , assign , transfer , or otherwise dispose of , and to invest in and hold real or personal property , of every class , kind , and description , and to otherwise engage in any legal business or activity permitted under the laws of the State of Florida and of the United States . To conduct said business in , have one or more offices in , and buy , hold , mortgage , sell , convey , lease or otherwise dispose of real and personal property , including fran - chises , patents , copyrights , trademarks , and licenses in the State of Florida and in all other States and counties . To contract debts and borrow money , issue and sell or pledge bonds , debentures , notes and other evidences of indebtedness , and execute such mortgages and transfers of cor- porate indebtedness as required . To purchase the corporate assets of any other corporation and engage in the same or other character of business . To guarantee , endorse , purchase , hold , sell , mortgage , transfer , pledge or otherwise ac- quire or dispose of the shares of the capital stock of , or any bonds , securities , or any other evidence of indebtedness created by any other corporation of the State of Florida or any other State or Government , and while owner of such stock to exercise all of the rights , powers and privileges of ownership , including the right to vote such stock . I ARTICLE III —CAPITAL STOCK The aggregate number of shares which the corporation is authorized to issue is 300 divided into 2 classes . The designation of each class , the number of shares of each class , and the par value , if any , of the shares of each class , or a statement that the shares of any class are without par value , are as follows : Par Value per Share or Statement That Number of Shares are Without Class Shares Par Value Common 100 $ 1 . 00 Preferred 200 $ 1 . 00 The preferences , limitations , are relative rights in respect of the shares of each class , are as follows : ( a ) The holders of shares of preferred stock shall be entitled to receive dividends not exceeding 6 per cent ( 68 ) of the consideration paid for such shares , when and as declared by the board of directors out of funds of the corporation at the time legally available for the declaration of dividends . The consideration to be paid for such shares shall be determined by the board of directors upon the issuance of said preferred stock . such dividends may be declared and paid quarterly - and shall be payable in preference and priority to any payment of dividends on shares of common stock , but shall not be cumulative and no right shall accrue to holders of shares of preferred stock by reason of the fact that dividends on such shares are not , or have not been , declared in a prior period . ( b ) In the event of any voluntary or involuntary liquidation , dissolution , or winding up of the corporation , the holders of the preferred shares shall receive , out of the assets of the corporation remaining after debts and liabilities have been paid , and before any amounts are paid to the holders of . 2 - the common shares , an amount equal to the consideration paid for such shares plus all accrued and unpaid dividends . The remaining assets and funds of the corporation shall be paid to the holders of the common shares . ( d ) - The preferred shares shall be non -voting , except that at any time by unanimous vote the preferred shareholders may direct the liquidation , dissolution or winding up of the affairs of the corporation . , ARTICLE IV. - PREEMPTIVE RIGHT Holders of the common stock shall have the right to purchase their pro rata shares of any new common stock which may be issued by the corporation . ARTICLE V - TERM OF EXISTENCE This corporation is to exist perpetually . ARTICLE VI - INITIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office of this corporation is 1000 Atlantic Bank Building , Jackson - ville , Florida 32202 and the name of the initial registered agent of this corporation at that address is STEVEN M . CHAMBER - LAIN . ARTICLE VII - DIRECTOR This corporation shall not have more than 1 director initially . The number of directors may be increased or diminished from time to time by By -Laws adopted by the stockholders . ARTICLE VIII so INITIAL DIRECTOR The name and post office address of the Initial Director : Name Address STEVEN M . CHAMBERLAIN 1000 Atlantic Bank Building Jacksonville , FL 32202 ARTICLE IX - INCORPORATOR The name and post office address of the Incorporator of this corporation Name Address : STEVEN M . CHAMBERLAIN 1000 Atlantic Bank Building Jacksonville , FL 32202 - 3 - ARTICLE X - AMENDMENTS ,These -Articles of Incorporation may amended in the manner provided by law . Every Amendment shall be approved by the Board of Directors , proposed by them to the stockholders , and approved at a stockholdersmeeting by a majority of the stockholders entitled to vote thereon , unless all the Directors and all of the stockholders sign a written statement manifesting their intention that a certain amendment of these Articles of Incorporation be made . ARTICLE XI - BY -LAWS The stockholders of this corporation shall have the sole power to adopt , amend or repeal By -Laws for the management of . this corporation , and the 'duties' of the officers of this corporation shall be prescribed by such By-Laws . ARTICLE XII - ADDITIONAL CORPORATE POWERS In furtherance , and not in limitation of the general powers conferred by the laws of the State of Florida and of the purposes and objects hereinabove stated , this corporation shall have all and singular the following powers : A . To enter into , or become a partner in , any arrangement for sharing profits , union of interest , or cooperation , joint venture or otherwise , with any person , firm or corpora- tion to carry on any business which this corporation has the direct or incidental authority to pursue . B • To purchase and acquire any or all of its shares owned and held by any such stock - holder as should desire to sell , transfer or otherwise dispose of his shares , or any or all of its shares owned and held by a stockholder who dies ; provided , however , the capital of this corporation cannot be impaired thereby , C . To enter into , for the benefit of its em - ployees , one or more of the following : ( 1 ) a pension plan , ( 2 ) a profit - sharing Plan , ( 3 ) a stock bonus plan , ( 4 ) a thrift and savings plan , ( 5 ) a restricted stock option plan , or ( 6 ) other retirement or incentive compensation plan . - 4 - i ARTICLE XII - EFFECTIVE DATE These Articles of Incorporation shall be effective on the date of. filing. : ( SEAL ) STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that on this day , before me , a Notary Public , duly authorized in the State and County named above to take acknowledgements , personally appeared STEVEN M . CHAMBERLAIN , to me known and known to be the person described as the person who executed the foregoing Articles of Incorporation , and acknowledged before me that he executed the said Articles of Incorporation for the uses and purposes therein set forth and expressed . IN WITNESS WHEREOF , I have hereunto set my hand and official seal at Jacksonville , Florida , this day of May , 1979 . Notary Pu lic , State of r1orida My Commission Expires : Nota►y Publlcr State rf Nov. Z. 1982 I& oommiswon ani res r STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that on this day before me , an officer duly authorized in the State and County aforesaid to take acknowledgments , personally appeard PHILLIP H . BARTH , to me known to be the person described in and who executed the foregoing Certificate as President and Secretary , . respec- tively , of MARSICANO LAND DEVELOPMENT , INC . , the corporation named therein , severally acknowledged to and before 'me that he executed the same as the act and deed of said corporation . WITNESS my hand and official seal in said County and State this /C> day of August , 1979 . � o� � 0�60qt3 Not Public , State of Florida at Large My Commission Expires : Koury Pultiic.. S?z 'r of f" x.` i+ cF ! rr"9 f My fnTn;issi.n Ez;`r- s !•_�.:; :;+ ? ; ; Oondod by /erosk..n r::. L C.u..MY CowpA"' CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE . SERVICE OF PROCESS - WITHIN THIS STATE , NAMING AGENT UPON WHOM PROCESS MAY SERVED . 4 C � rn s m . o nrn ; In pursuance of Chapter 48 . 091 , Florida Stattj"s ' the following is submitted in compliance with said Act': ' o First That MARSICANO LAND DEVELOPMENT , INC . , desiring to organize under the Laws of the State of Florida with its principal office , as indicated in the Articles of Incorporation at the City of Jacksonville , County of Duval , State of Florida , has named STEVEN M . CHAMBERLAIN located at 1000 Atlantic Bank Building City of Jacksonville , County of Duval , State of Florida , as its agent to accept service of process within this State . ACKNOWLEDGEMENT : Having been named to accept service of process for the above - stated corporation , at the place designated in this certificate , I hereby accept to act in this capacity and agree to comply with the provision of said Act relative to keeping open said office . —S eteVenM. Chia r ain Resident Agent .T c� i CERTIFICATE AS TO AMENDMENT OF ARTICLES OF INCORPORATION ' OF MARSICANO LAND DEVELOPMENT , INC . I , PHILLIP H . BARTH , hereby certifies that I am the President and Secretary , respectively , of MARSICANO LAND DEVELOPMENT , INC . , a Florida corporation . I further certify that the following resolution relating to the Amendment of the Certificate of Incorporation of said corporation was approved by the Board of Directors of the corporation at a Special Meeting of the Board of Directors duly called and held on August 1 , 1979 , were thereafter proposed by the Board of Directors to the Stockholders of the corporation at a Special Meeting of the Stockholders duly called and held , on August 1 , 1979 and were thereafter adopted by a majority of the shares of the corporation en - titled to vote thereon : BE IT RESOLVED , that the Certificate of Incorporation be amended to read so that the name MARSICANO LAND DEVELOPMENT , INC . be re - placed with BARTH CONSTRUCTION , INC . wherever it appears in said Certificate of Incorporation . IN WITNESS WHEREOF , I have executed this Certificate as President and Secretary , respectively , of MARSICANO LAND DEVELOPMENT , INC . , a Florida corporation , this .4'(� � � day of August , 1979 , Ar id , Ad As Pres e t oT ' MARSICANO LAND DEVELOPMENT , INC . x As S reta o MA CANO LAND DEVELOPMENT , INC . i r r 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS 1 FOR NORTH COUNTY REGIONAL PARK, PHASE 2 BID NO . 6038 PROJECT NO . 0399 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS 1 INDIAN RIVER COUNTY , FLORIDA KENNETH R . MACHT , CHAIRMAN CAROLINE D . GINN , VICE CHAIRMAN COMMISSIONER FRAN B . ADAMS ' COMMISSIONER THOMAS S . LOWTHER COMMISSIONER ARTHUR R . NEUBERGER ' JAMES E . CHANDLER , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY 1 JAMES W . DAVIS , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER BRAD SMITH ASSOCIATES , INC . 1 1800 W HIBISCUS BOULEVARD , SUITE 112 MELBOURNE , FLORIDA 32901 0399-00001 - Project Title Page .doc 00001 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00001 - Project Title Page.doc Rev. 05/01 r TABLE OF CONTENTS DIVISION 0 BIDDING REQUIREMENTS , CONTRACT FORMS AND CONDITIONS OF CONTRACT Section Title Section Number ' Advertisement for Bids 00100 Instructions to Bidders 00200 ' Bid Package Bid Form 00310 Bid Bond 00430 Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 rContract Forms Agreement 00520 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 Contractor' s Application for Payment 00622 General Conditions 00700 Supplementary Conditions 00800 DIVISION 1 GENERAL REQUIREMENTS ' DIVISION 2 TECHNICAL PROVISIONS ' APPENDIX "A" PERMITS APPENDIX " B" SUBSURFACE SOIL INVESTIGATION ' 00010 — Table of Contents F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00010 - Table of Contents (Capital Projects).doc 5/18/01 r SECTION 00100 - Advertisement for Bids r BOARD OF COUNTY COMMISSIONERS ' 1840 25TH Street, Vero Beach, Florida 32960 gIVE� 1 OR1 Telephone : (772) 567=8000 SUNCOM: 2244000 FAX: 772- 778-9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , NOVEMBER 26 , 2003 . 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 " NORTH COUNTY REGIONAL PARK, PHASE 2 , BID NO . 603811 . 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 . rINDIAN RIVER COUNTY PROJECT NO. 0399 INDIAN RIVER COUNTY BID NO. 6038 PROJECT DESCRIPTION: NORTH COUNTY REGIONAL PARK, PHASE 2 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 INDIAN RIVER COUNTY ENGINEERING DIVISION . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to INDIAN RIVER COUNTY, in the amount of $ 100. 00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. ' All bids shall be submitted in duplicate 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, or certified check or cashier's check on any bank authorized to ' do business in the State of Florida , in the sum of not less than Five Percent (5%) of the total amount bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and ' furnish the required Performance Bond and Payment Bond . If he fails to do so , he shall forfeit the said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement. 1 0399-00100 - Advertisement for Bids.doc 00100 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00100 - Advertisement for Bids.doc Rev. 05/01 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 judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid ' preparation costs . INDIAN RIVER COUNTY By: Fran Boynton Powell ' Purchasing Manager For Publication in the Vero Beach Press Journal Date (s ) : OCTOBER 28 , 2003 NOVEMBER 4 , 2003 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 2526 19th Avenue Vero Beach , FL 32960 * * END OF SECTION 0399-00100 - Advertisement for Bids . doc ' 00100 - 2 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00100 - Advertisement for Bids.doc Rev. 05/01 SECTION 00200 - Instructions to Bidders ' Article No . - Title TABLE OF CONTENTS Page ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . 1 . 1 . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ' AND SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - PRE- BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 - BID SECURITY . , . , . . . . . . . . . . . . . . . " I . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . @ . . . . . . . . . . 5 ' ARTICLE 9 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL " ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 tARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 - OPENING OF BIDS . . , . . . . . I . . . . . . 6 0 a & 4 *I. . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 1 . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 - SIGNING OF AGREEMENT , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . 0 * 9 . * . . . . . 10 ' ARTICLE 22 - SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 23 — RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ' ARTICLE 24 - CONTRACTS TO BE ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 25 - PARTNERING . , , . . . . . . . I . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . I . . I . . . . . . . . . . 11 0399-00200 - Instructions to Bidders . doc ' 00200 - i F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 = Instructions to Bidders ' TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . , . . . . . . . . . . . . so . 0 . . . 0 . so . I . . . . . . . . . . . . 0 . . 4 . 60 . 0 . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . 0 . . . 20 ' Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Contractsto be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 24 ' Copies of Bidding Documents . . , . . . . . . . . so , . . . . . . 111 . 1 11 ' so 11 0 . 4 0 . a 4 0 & . 0 . . 0 . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' Interpretations and Addenda . , . . . . . . . . . 0 . . . . . . 0 . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . 0 . . . . . . . . . . . . . . . 7 LiquidatedDamages . . . I . 1 0 . I I I I I . . . . . . . . . . . . . . . . . d . 0 1 . . 1 1 . . . . . . . . 0 . 0 , , 0 & a . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . I I I I 1 1 0 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' Opening of Bids . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . so . * . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . * . O . ml . . . . . . I . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ' Pre- Bid Conference . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 3 Retainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . 23 ' Sales and Use Taxes . , . . " . . , , , , , , , , . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 0 . * * o . . . . . . . . . I . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ' Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ' Submittal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' Substitute or " Or- Equal " Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0399-00200 - Instructions to Bidders . doc 00200 - ii F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 = Instructions to Bidders ' ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: ' A. Bidder--The individual or entity who submits a Bid directly to OWNER . B . Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER 's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any , stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work , within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below . A. Bidder must have at least five years ' experience in the construction of similar projects of ' this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project . ' C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The 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 . 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract . 0399-00200 - Instructions to Bidders .doc ' 00200 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 ' 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE t 4 . 01 Subsurface and Physical Conditions ' A. The Supplementary Conditions identify : 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to ' the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface ' structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as ' provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data " or any other data , interpretations , opinions or ' information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER , or others . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to . a Hazardous Environmental Condition identified at the Site , if any , that ENGINEER has used in ' preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 03 . A will be made available by ' OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions Bidder is responsible for any Interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to ' prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . ' Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any , and possible changes in 0399-00200 - Instructions to Bidders .doc 00200 - 2 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at ' the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER ( CHRISTOPHER J . KAFER , JR . , P . E . , ' ( 772 ) 567-8000 , ext. 1221 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . ' 4 . 06 This paragraph has been deleted intentionally . 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER ( CHRISTOPHER J . KAFER , JR. , P . E . , ( 772 ) 567 -80002 EXT . 122 .1 ) TO MAKE ARRANGEMENTS IN ADVANCE , AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL , LOCAL , AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE ' WORK ; C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and ' Regulations that may affect cost , progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site ( except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; ' E . obtain and carefully study (or assume responsibility for doing so ) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities ) at or contiguous to the ' Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; 0399-00200 - Instructions to Bidders .doc ' 00200 - 3 F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from ' visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; t I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and ' J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . ' 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and ' applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder ' has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ' ARTICLE 5 - PRE - BID CONFERENCE ' 5 . 01 There is no Pre-Bid Conference for this project . ' ARTICLE 6 - SITE AND OTHER AREAS ' 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment , or storage of ' materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA ' 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ' ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions ' answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 7 . 02 Addenda may be issued to clarify, correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . 0399-00200 - Instructions to Bidders . doc t 00200 - 4 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 tARTICLE 8 - BID SECURITY ' 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . ' Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person ' s authority as Power of Attorney ' in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . ' 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after 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 other Bidders whom OWNER ' believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . ' 8 . 03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES ' 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and ( b ) also completed and ready for final payment are set forth in the ' Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. 0399-00200 - Instructions to Bidders .doc ' 00200 - 5 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL " ITEMS ' 11 . 01 The Contract , if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or " or-equal " items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- ' equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may ' be supplemented in the General Requirements . ' ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS ' 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement , the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER . If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity , OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may iaward the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor , Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or ' entity against whom CONTRACTOR has reasonable objection . ' ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office , 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable" entered . 0399-00200 - Instructions to Bidders . doc 00200 - 6 F:\Engineedng\Capital Projects\0399 North County Regional Park, Phase I1\0399 Contract Docs\0399-00200 -. Instructions to Sidders.doc Rev. 05/01 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary . The corporate address and state of incorporation shall be shown below the signature . ' 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The ' official address of the partnership shall be shown below the signature . 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member ' and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder's name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . ' 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder' s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project , if any , shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . ' B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . 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 words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any, named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 0399-00200 - Instructions to Bidders . doc 00200 - 7 F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 14 . 03 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 Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work , or other conditions pertaining thereto . ' ARTICLE 15 - SUBMITTAL OF BID ' 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Statement of Public Entity Crimes . B . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . C . Sworn Statement under the Florida Trench Safety Act . ' D . General Information Required of Bidders . E . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County , Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ' 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . ' ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non -responsive , read aloud publicly . An abstract of the amounts of the ' base Bids and major alternates , if any , will be made available to Bidders after the opening of Bids . 0399-00200 - Instructions to Bidders . doc ' 00200 - 8 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders .doc Rev. 05101 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but ' OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT ' 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be ' non -responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . The OWNER reserves the right to select , from among the various Bid alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re- bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest . 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER's intent to accept alternates ( if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions . ' 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents . ' 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 0399-00200 - Instructions to Bidders . doc ' 00200 - 9 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 ' ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ' 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER's requirements as to performance and payment Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bonds , unless the Bonds have been waived due to the total contract being less than $ 50 , 000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal ' Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury . The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304 -9308 . ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract ' Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the ' requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES ' 22 . 01 Article 22- Sales and Use Taxes , has been intentionally deleted . ' ARTICLE 23 — RETAINAGE 23 . 01 This Section intentionally left blank . 0399-00200 - Instructions to Bidders . doc 00200 - 10 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 r ARTICLE 24 - CONTRACTS TO BE ASSIGNED r 24 . 01 This section intentionally left black . 1 ARTICLE 25 - PARTNERING 1 25 . 01 Partnering has been intentionally deleted . 1 ' * * END OF SECTION r r r r r r r r r r r r 0399-00200 - Instructions to Bidders .doc r 00200 - 11 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00200 - Instructions to Bidders.doc Rev. 05/01 I F SECTION 00310 - Bid Form 1 PROJECT IDENTIFICATION: 1 Project Name : NORTH COUNTY REGIONAL PARK, PH . 2 County Project Number. 0399 ' Project Address : 9450 COUNTY ROAD 512 SEBASTIAN , FLORIDA 32958 Project Description : This project if for construction of four (4) multi - purpose baseball fields , concessions stand/press box building , maintenance building , electrical building , three stormwater ' retention lakes , mitigation , playground , lighting and related items . 1 THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 2625 19TH AVENUE rVERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an r Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . r . 2 .01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security . The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. r ' 3 .01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . i Addendum Date Addendum Number oV 2 ! 2003 F B. Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work. r � C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground 0399-00310 - Bid Fortn. doc ' 00310 - 1 FAEngineering\Cepltal Projecls10399 North County Regional Park, Phase 1110399 Contract Docs10399.00310 - Bid Form.doc Rev. 05/18/01 r Facilities) which have been identified in the Supplementary Conditions as provided in ' paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . ' E . Bidder has obtained and carefully studied (or assumes responsibility for having done so ) r- all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means, methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed b Bidder, and safe precautions and programs incident thereto . Y safety P P o9 F . Bidder does not consider that any further examinations, investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents . v H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents , 1 . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on r behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] r , r l 0399-00310 - Bid Form .doc 00310 - 2 FAEngineeringlCapilal Projects\0399 North County Regional Park, Phase 1110399 Contract Doa10399.00310 - Bid Form.doc Rev. 05/16/01 r 9 ftr•T� T + i�'P:. ?TT I'r�.l _ r'e 1T � , : , L'idl'-i-'}� n � .,� (^^til '�^t'�I � u n t r _ I}�;.a.T`is �I. ,�. � r ul � tT . CJ '�{f1. � il � � � _ , y� � '�F?h " T ,iP`T.uAt. ,r' ri�- r,� JJ � { � ' T 1y�. _� �r((��{ � .:�' a �- �.^ Y ' v, � ± ? • I r ` 7 r k �, '. '!: / ' � ✓•. iK , ' ^q ..Ini ndit ' ' � tt ♦�� �{ 'S � i 1 t I ' ,..j � , I - f � y rr••��- i � Y [ • 4Y l ( Lln J � �# .� {j� `� '1 ' ' ( : - SSC 1' ��+1• ( ', . :" �' 1'i ,y t t;l - 1! ' .a . � ' ; A � _ .j;` J ' •�,� L�� �at� . � :-r!Llu}i1 �� -i��.� "•�`.: • .��� Mobilization i t •, , II I ( I I� Emsion andWaterPollution Control I *AM ��• - I• � aLake Excavation (Lakes B, C & D ) mail : 0 _ I • MUZOIN • 1 ' _ • A • • _ i Construct Concession Stand/Press • i including slab , windows , doors , stairs , restrooms , chair lift, hose bibs , service , I electric and In . : . . . : . . . : 11 1 I . • I I II ' . 1 `r' a -il .j _ wl t � I :� I I � . �i• C5;41�' ,J"�•;li •� a cfn '�gI,}� j i • . v ' �y P + { • � i+�gp,�•g3,+.c � r R � I•t'�� � I I ' % 1 n� 3 ;i * r�' r , 4`y �'� � , '^ I a•t I � c� 'l �. +' _ _ t .'�j, I .� w. y� . :�C .. . . - c. � . a ' f � MZ��a ti ' 5 c .� - .yi i'' v,'w� `j � p � . f I Lt t. V ( •!S` lol c Vic :.. .I' �' Pd•, .,� + Pil. . Y r �., � 1 L s, -� IJ6 • ;ta I :x s Id' daa - i� ,I M:S Gl p.i Ik'L`•1 il• S ' TYaST14 - . t} a t �� y i ✓ I T. I r t'� e.lc �' ,-Nt. ! J i . I /.{r 11 q'� 4 (_-II ,� �' t Ire ' J �. t . _..t .. . .:r-..L � ' -.4 � _IS. - Gii t y .�w: :• y. l ._uuOL�..i.i S. :a�. l-.f:a...._ cX V_cu,6vt1• - t� :l ConstructBuilding including slab , electrical , doors and all items as exceptIndicated on the plans and In the specifications (complete and ready for use I • skylights) i Construct : • benches and tables and all necessary itemsi as indicated • plans and in the _specifications and ready for i Drinking Fountains And Ready ' For Use) (, i • • 11151 - • • _ • 101 High Black Vinyl Coated Chain Link Fence Includes gates , posts and fencing around i y dugouts and multipurpose fields I top design (complete and ready for use)_ I i 17' • High BlackCoatedyl 1, •� ��' Backstop (completed : • ready for 10 ' High Foul Pole (complete and ready forI use) as shown on _plans r. ConstructI complete, • Including slab, electricaldoors specificationsall items as indicated on the plans and in the i And Dual 20 Hp Pumping • • o • • - I L a Meg Motor In a 4' X 8 ' Fiberglass enclosure • all Items as indicated on plans and In - specifications • 1 / - a Ven. 1 0 n 11 1 1 . 1 • y :C �' � r +F 7r < I "`:' �.t., i Ti ' ,,,as,a . j�'��gg1.1 f" . . .. .�� � e . c Nt ' . �rti � iT •; 1 I { . � C r Vii: at 2�{y � y � .. .�a ;C.. .: •.. �� -p� i'"L �1,3 ♦ _ � .1 JI .. � 1 �1 If i , . +k ' l � � k 1 Au, t Q 1 w i !. • i Val I 116 miTA ml =4r^ tic nr ltl . 6 '� �I� o�.�l ill ail �� f I � ' CJ p ( IRS t LI • 1 � � r ^I 1i ! 1 j ! { C S� I . � �1 i . �' 1 Zf + ai ice. . n .. . { r - � � ? i. Ytr i •'. 1 �' 1 t j1 `� t '- I y � �fk ' til `•.r 1 k . n I �drw� ::llLYl' :t,}u`i�L::�..`Sc.�i7.we:: . ..�3L�Lc'�.R•'h•` . . _ 2" :lr.�` . .., i�, � � � ., �� `� , fif �yy� . may rC � i. � � Co+.�� . k. i. i4.- t. . W .�.��.i � Sa_ �'�i' Ra U7S'l :\:L•Ae�s.'.•titxa,:a�{T '.ri.� I I 6N PVC Irrigation Main Including all fittings , • all - ms required to supply11 Irrigation from well to ballfields I Irrigation for • Multipurpose Fields to include PVC water lines , gate valves , I sprinkler heads, rain gauge, Rainbird Clock I Ili I Controllers , and electrical services as shown on the plans all In[V1174 zrw7"qr;mm :� M,71 Z • - .� 15" Bituminous Coated Corrugated Metal Pipe r • Polyethylene P • • approved equal) N111 • Polyethylene Pipe . • approved : • 15" Mitered End Section Ditch Bottom Inlet, Type E 4' Sanitary Manhole 8" PVC Sanitary Sewer (6 w,8 ' Depth) 14 8" PVC Sanitary Sewer (8 A 0' Depth ) K*ArTz 11=4 Light Poles for Multipurpose Fields I I i ® , � t I ' • 1Height) (12 Fixtures) I Light Poles for Multipurpose Fields Pole B I 1 132 , 1331 B4 (80' • 1 I / i I Light Poles for Multipurpose Fields Pole • 1Height) Wireless • te Lighting Control ("Control L • equal) , • ! • ♦ 1 f 1 • " 01 1 : • • • • 11 I I 1 • . t 11 1 1 • ITEMIZED BID SCHEDULE ' REVISED December 10, 2003 Project Name : NORTH COUNTY REGIONAL PARK PHASE I ! Four Balfelds (BASE BID) BARTH CONSTRUCTION III , INC . Bidder Name: 1717 Indian River Blvd . , Suite 2024 ' �" . .i ?: .IJ• 1 .{ '�. • 4 �{.t 1je -.1 'slq •' �:y',�y f7. !� .F:iA7 .� a } • . } �?.•:`s �"k1�,.. . � 69' i:: n'+'^2iSii.•k ll.':._' li F . 'I�." ..P'= y ' 1 '+A'$� 4 f�� . , '�.1. 'i.it•1 ' .•',• _ .l�' {h g�i� k �7 • _ w�.: M1:F ' �� .�T 'e t ':a; :: . i. �: v:,' a ' a . . ' Y ` , �` :°tlg;:� `a ?^�:. ,, ..fit• M .*,; '�Br'��i. „ •... t f?* ,k`q. " :;_ ' ' i... w 38 4' High Bufftech Vinyl Fence (Around 270 LF $ $ Za ' Playground) (Victorian Style) ( Includes 2 - 3' e072 � N Wide Gates and 1 — 14 ' wide ate ' 39 Live Oak Tree (Quercus Virginiana) ( 10'- 12' 70 Fro $ $ heights eiht, 4'-5 ' canopy, .2"-2 %2" Caliper) (Florida �3 52� 10 40 4' High Hog Wire Fence (w/ 6' x 8' gates and 4000 LF $ 3 $ 1 -14' wide ate 41 38' wide Access Control Gate with 6 5/8" OD 1 EA $ 33 X3 Gate Posts Control Gate D 42 Sod , Bahia 27000 SY $ d . 3 ? $ 3S _ gOb 43 Hydro Seeding 27000 SY $ 44 Mitigation »"`* 1 LS $ } ? as $'�� 7os • r� - 45 Stabilized berm ( 12" thick stabilization , LBR 7055 LF $ $ p b 40) ( 15' wide 46 Unpaved entrance road (raise to grade , 12" 1330 LF $ $ thick stabilized subgrade (LBR 40), 8" y"o cemented coquina shell , 26 ' wide (includes 8z� ' 150' transition Grass Parking area north of Playground 47 (construct southemmost 12 parking spaces , 3 1 LS $ $ per line, and shell rock drives to 10' north of Lt parking spaces) (Install concrete curb stops per each s ace TOTAL AMOUNT OF BID ( 1N FIGURES ) : $ � 3`� •� TOTAL AMOUNT OF BID ( IN WORDS) : lv V V � C Includes finish grading of lake slopes (excess soil to be stockpiled In Soccer Area) All labor and materials required for complete operation of the lighting Is Included in bids for poles and control system. Mitigation per Mitigation Plan , shown in Appendix W under SJRWMD Permit No. 4-061 -66836-1 with the exception of Mitigation Areas A and B ' 00310 - 6 0399-00310 - Bid Form .doc F•'lEn0nwnglceplte1 Pro)eds10398 Nath County Reglonal Perk, Phase 110389 Contrast Docs10399.00310 - Bid Form doc Rev. 06/16!01 ' 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . 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 words and figures will be resolved in favor of the words . Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner I reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the I Contractor on account of such omissions . C. Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11 . 03 . 13 of the General Conditions , 6 .01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14. 07. 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7 .01 The following documents are attached to and made a condition . of this Bid : 47 ` A. Required Bid security in the form of ;I - dA D ; Be A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; C . Statement of Public Entity Crimes ; D . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; E . Sworn Statement Under the Florida Trench Safety Act ; F . General Information Required of Bidders ; G . List of Subcontractors ; and H . (List other documents as pertinent) . 0399-00310 - Bid FoRn. doc 00310 - 11 FAEngineerhg\Capllal Pro)ects%0399 North County Regional Park, Phase 1110399 Contract Oom\0399.00310 . Bid Form.doc Rev. 05/01 8.01 The terms used in this Bid with initial capital letters etters have the meanings indicated in r , the Instructions to Bidders , the General Conditions , and the Supplementary Conditions . i � SUBMITTED on I Z ' 11 , 2003. State Contractor License No. CCi Cool E94 "! If Bidder is: 'AtrWividual Nam ed or printed): By: (SEAL ) (Individual's signature ` Doing business as . Business address: Phone No . : FAX No. : i Partnershi ership Name : (SE By: (Signature of gene rtner — attach evidence of authority to sign) f Name (typed or printed): Business address: Phone No . : FAX No. : A Corporation Corporation Name: B4M Ce*4s-tRUr. non, Igc-. ( SEAL ) State of Incorporation : FLocir>A, ' Type (General usiness , Professional , Service , Limited Liability) : GEWfteL BOfAWO By: (Signature - attach evidence of authority to sign) Name (typed or printed): �� ��- +0ART4 i TZe Si A (CORPORATE SEAL ) i nature ofbrat ary) 0399-00310 - Bid Fowdoc 00310 - 12 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399.00310 - Bid Fonn.doc Rev. 05/01 � I Business address : 141 Wrn44 416M 4=� kvD 4i�ZvZA VWL0 RbeAAA PLOW cd 329 (go Phone No . : _ "+15 o'� Z FAX No, : 710 n Date of Qualification to do business is � q �7 � f Joint Venture int Venture Name : (SEAL) By: (Signa of joint venture partner - attach evidence of authority to sign) Name (typed or ' ted ) : Title: Business address : Phone No. , FAX No . : Joint Venture Name : (SEAL) By: (Signature — attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No, , FAX No. : Phone and FAX Number, and Address for receipt of official communications : u ( Each joint venturor must sign . The manner of signing for each individual , partnership, and corporation that is a party to the joint venture should be in the manner indicated above . ) " * END OF SECTION 0399-00310 - Bid Form.doc 00310 - 13 FAEngineeringcopltal Pmjects10399 North County Regional Park, Phase IR0399 Contract Docs\0399.00310 - Bid Form.doc Rev. 05101 11 • • - • �,��?�p A a [,� a p r ecu �y Y'a-�{' r•a. , V j' 'n r'a�t p yr. q � y . a Q rI �q� ^44 f As VG .3{ 'apit } ar `t:4lB�,�w^^. rrr A iJLf >6•�x1A aftCas(�,q �a�u..,AF.a.�Jw-k' c ar �a`. f' ya'wj�k�� 7 z .1'?`Fai'.u�:F•..yye€. 0-'fpiEiry l w ,v_y[L+ iyw'°'� 'f� C+)�m+}�k?finP9, i• i>•3 ,f11� A `xy;f,�a�f, 1}�Li i� rp, }v� ty ( f3o.;•.�A) ¢", fy ; ll'p�t (Hlc$f', xkaAf1 .1 l t- 4v " 7Y yjC, "IMP I I 1 14 ;1 �Sllil e vy � x � I l� �I ti Ci � CGSIS�k1 3��i tl � Iov ii�L' * �'1 h ro3 �(" E''�' 1 PAN., ; 1. Ajpv '� 1 11 . 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ' "MUN THE PRINCIPAL IS AN INDIVIDUAL : Signed, seale delivered in the presence of: Witness Signature of Individ Address Name of Individual 1 Witness ' Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME * Si d, sealed and delivered in the presence of ' Witness Name of Partnership BY: Address P r ' Printed me of Partner Witness (SEAL) Address ■ ME WHEN ■ ■ ■ PRINCIPALI ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ S A PARTNERSHIP : igned, sealed and delivered in the presence of ' Witn Name of Partnership _ BY: ' Address Partner nted Name of Panner Witness (SEAL) Address 0399-00430 - Bid Bond .doc 00430 - 2 F:\Engineerin pita) projects\0399 north County Regional Park, Phase II\0399 Contract Docs\0399-00430 - Bid Bond.doc Rev. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ WHEN THE PRINCIPAL IS A CORPORATION : Attest: rp Barth Construction, Inc. Secretary Name of Corporation BY: wpe? z (Affix ' Corporate SEAL)&*44VPrinted Name r Official Title ,�,6, CERTIFICATE AS TO CORPORATE PRINCIPAL Certify that I am the Secretary of the corporation named as Principal in the within d, hat w - �L , who signed the said bond on behalf of the Principal was then Yt ' of said corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) ' TO BE EXECUTED BY CORPORATE SURETY: Attest: ' Western rety Coan P Y ' cre Corporate Surety P.O. Bo 5077, Sioux lls South Dako 57 17-50 B Address B April i e f C a e SEAL) FI a icen JdR sident Ag t (Attach Power o A ey) ' April L . Li mey-In-Fact INQURIES : (407) 834-0022 Guignard Company ' Name of Local Agency 1904 Booth Circle, Longwood, FL 32750 Business Address 0399-00430 - Bid Bond .doc ' 00430 - 3 F:\Engineering\Capital projects\0399 north County Regional Park, Phase II\0399 Contract Docs\0399-00430 - Bid Bond.doc Rev. 05101 ' STATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me , a Notary Public, duly commissioned, qualified and acting, personally appeared April L. Lively to me well known, who being by me first duly sworn oath, says that he is the attorney-in-fact for the Western Surety Company and that he has been authorized by Western Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn tp before me this 17th day of December , 20 030 akj& ' eQ.,... . 6L�aL Notary Public, State of Florida ' COPT Paul J ClembrieNo My Commission Expires : W FA cmftuion D 35231 July � Any claims under this bond shall be addressed to : Name and address of Surety: Western Surety Com?any ' P _ n _ Box 5077, Sioux Falls South Dakota 57117-5077 Name and address of agent or representative in Florida if different from above : Guignard Company 1904 Boothe Circle iLongwood, FL 32750 Telephone number of Surety and agent or representative in Florida: 407 834 - 0022 +1-END OF SECTION++ 1 0399-00430 - Bid Bond . doc ' 00430 - 4 F:\Engineering\Capital projects\0399 north County Regional Park, Phase II\0399 Contract Docs10399-00430 - Bid Bond.doc Rev. 05101 Bond No . WSC158 ' NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this ' disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. ' To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety ' or insurer. Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen ' s Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM ' The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($ 0 . 00) . ' DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States well pay ninety percent (90 %) of covered terrorism losses exceeding ' the applicable surety/insurer deductible . ' Form F7310 0399-00430 - Bid Bond . doc ' 00430 - 5 F:\Engineedng\Capital projects\0399 north County Regional Park, Phase II10M399 Contract Docs10399-00430 - Bid Bond.doc Rev. 05/01 5. r 1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation 1 having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L-McCarta, Katie N Flowers, Margie L. Morris, Brett A Ragland, Individually i of'Longwood, FL, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and an its behalf 1 bonds, undertakings and other obligatory instruments of similar nature 1 - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed an the reverse hereot dui adopted,pled, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these resents to be signed b its Senior p gn y Vice President and its corporate seal to be hereto affixed on this 19th day of March, 2003. WESTERN SURETY COMPANY Paul . Brufiat, Senior Vice President Stats of South Dakota 1 ss County of Minnehaha On this 19th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did •depose and say. that he ' resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN 'SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ' My commission expires { � r D. KRELL z November 30, 2006 i sEAL NOTARY PUBLIC BFat i r SOUTH DAKOTA r r t Fti..tiyy,ti.... ....s.r`. ...........ti....r f iA 7k s CERTIFICATE D. Krell, Notary Public 19 L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in 1 force, and further certify that the By-Law of the corporation printed an the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of December 2003 ' �r=r�o WESTERN SURETY COMPANY zJ� pPOgq ' L. a Mt'40 lAl'v� � Wl jZ Form F4280-01 -02 L. Nelson, Assistant Secretary SECTION 00450 = Public Entity Crimes Affidavit SWORN STATEMENT UNDER SECTION 287. 133 , FLORIDA STATUTES ON PUBLIC ENTITY CRIMES ' THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . I . This swum statement is submitted with Project No . 0399 for NORTH COUNTY REGIONAL PARK, PHASE 2 2. This swom statement is submitted by &12V NS?RJL'CtD� L . whose business address is " Di AA %21d o �3 t� t~ 2 tvC) I ( IR.. 1JI'� E¢. 1°it�G i= 3 9 and (if applicable) its Federal Identification No. (FEIN ) is 51 - 1931IoiW . If entity has no � j FEIN , include the Social Security Number of the individual signing this swom statement: i 3 . My name is &mL 649rl and my relationship to the entity named above is S / &l 4. 1 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 an 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 misrepresentations . 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287 . 133(I)(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 I , 1989, as a result of a jury verdict, non jury trial , or entry of j a plea of guilty or nolo contendere . ' 6 . I 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 entityunder the control of an natural person who is active in the management of the Y p 9 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 arm's length agreement, shall be a prima facie case that one person controls another person . A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . 7 . 1 understand that a "person" as defined in Paragraph 287. 133(I )(e ), Florida Statutes , means any natural person or entity organized under the laws of any state 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. 00450 - 1 9-0 0390450 - Public Entity crimes Atfldavit.doc � FAEngineering\Capltsl Prolects%0399 North County Regional Park, Phase IPD399 Contract Doc5%0399-00450 - Public Entity Gimes Aflidavlt.doc Rev. 05/01 8 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. (Please indicate which statement applies ) ' Neither the entity submitting this sworn statement, nor any officers , directors , executives ,p rtners , shareholders , employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I , 1989 . � 1 The entity submitting this sworn statement, or one or more of the officers , directors , i executives , partners, shareholders, employees , members or agents who are active in management of the entity, or an affiliate of the entity has been charged with , and convicted of, a public entity crime subsequent to July I, 1989 , and (Please indicate which additional statement applies) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida , Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list . ( Please attach a copy of the final order) The 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 : Date : 2 Q STATE OFA COUNTY OF LU L A i 1v UC. Personally appeared before me , the undersigned authority, , who after first be' om by me , affixed his/her signature in the space provided above on this fn da , 20�. Not Publi at y Commission Expire . BRA MDI BOLLINGER Notary Public, state of Florida My comm . Co2005 mm , No .exres Aug , ID 951174 Bonded Thru service Insurance Company, Inc. * * END OF SECTION 0399-00450 - Public Entity crimes Affldavit.doc , . 00450 - 2 F.-%ngineerinoCapltal Projects\0399 North County Regional Park, Phase 1110399 Contract Docs\0399-00450 - Public Entlty Crimes AHldavit.doc Rev. 05/01 SECTION 00452 - Sworn Statement under Sect. 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 Project No . 0399 for NORTH COUNTY REGIONAL PARK, PHASE 2. 1 . This sworn statement is submitted by: 412n4 Gok5fWcTloA W c. 1J (Name of entity submitting swam statement) whose business address is : I �[ I'lJAy> 1al4 121JF2 egooyp &mZo2A *Ro 4!:;oAc4t , VL� 3Z4C,o o and t (if applicable) its Federal Employer Identification Number (FEIN) is 51v 193/ boy (if the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ). 2. My name is F::;; At2"T4 (Please print name of individual signing) and my relationship to the entity named above isES + oF'p-x'r 3 . 1 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. 4 . 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-ln-law, brother4n4aw, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which 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, have any relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners, shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee : 0399-00452 - Disclosure of Relationships.doc 00452 - 1 ei FAEnglneeringcapital Pro)eds\0399 North County Regional Park, Phase IM399 Contract DocsW399-00452 - Disclosure or Relatlonships.doc Rev. 05101 Name of Affiliate Name of County Relationship or.Entity Commissioner or employee 2 . -� 3 . 4 . 5. 6 . 7. 8 . (s nature) (date) STATE OF7 or- ibA COUNTY OF Personally appeared before me, the undersigned authority, who after first be'n swom by me, affixed his/her signature in the space provided above on this t " day of c 1 m� rt , 20�. f Public, t BRANAI BOLLINGER M Commission Expirem::) Public $ State of Fij2T2oo5 My My com aexre Comm$ No9DD048767 � ID 951t ce CompaInc . Bonded Toru Service InsurannY G * * END OF SECTION 00452 - 2 0399-00452 - Disclosure of Reladonships .doc FAEngineeringtCapitai Pro)eds10399 North County Regional Park, Phase M0399 Contract DoaW399.00+52 - Disdosure of Relatlonships.doc Rev. 05(01 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE : FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ' ADMINISTER OATHS. 1 . This Sworn Statement is submitted with Project No. 0399 for NORTH COUNTY ` REGIONAL PARK, PHASE 2 t . (Name of PmJect) 2 . This Sworn Statement is submitted by B-Al2 + CoNslogT0 4 SNL (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER". The BIDDER's address is _ i lil ( t4U144 Rt01rt; $l,.Vo 0 2D2.A A/EQA emEACIA RL SZq& O - BIDDER's Federal Employer Identification Number ( FEIN ) is 59 - / IFS /& fy 3 . My name is Wim f14111:9 and my relationship to the BIDDER (Print Name of Individual Signing) t is 1 st t7t 4r 7 (Position or Title) 1 certify, through my signature at the end of this Sworn Statement, that I am an x authorized representative of the BIDDER. 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et. seg . Florida Statutes and r .. refer to the applicable Florida Statue(s) and/or OSHA Regulation(s ) and include the "effective date" in the citation(s) . Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards , 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . 6 . The BIDDER has allocated and included in its bid the total amount of $ ! �"10Q . DO , based on the linear feet of trench to be excavated over five (5 ) feet deep, for compliance With the applicable Trench Safety Standards , and intends to comply with said standards by Instituting the following specific method (s ) of compliance on this Project: The determination of the appropriate method (s) of compliance is the complete and sole responsibility ER. Such methods will not be checked b the OWNER or p ty of the BIDDER, y ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards , 7 ) The BIDDER has allocated and included in its bid the total amount of $ �. 00 based on the square feet of . shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s) of compliance on this Project: 0399400454 - Florida Trench Safety Act.doc 00454 - 1 FAEngineeringkCapilal Projects%0399 North County Regional Park, Phase IIW399 Contract Docs%0399.00454 - Florida Trench Safety Act.doc Rev. 05/01 ' The determination of the appropriate method(s) of compliance is the complete and sole .� responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 8) The BIDDER, in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that , based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and ' { characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: S3 CPzN G, f . r By: [ILP f Position or Title : ` Date: ZJJ 7/1-31 tF STATE O F i COUNTY OF _ _ 1 � bA1J o47r ' Personally appeared before me , the undersigned authority, ,+ who after first beinq sworn by me, affixed his/her signature in the space provided above on this I an da of y 6 c �= , 201 I ,t =SDD LINGERry orida Public, a e My Id 87 2State of ! 20058767 My Commission Exp 0411 951174� ThrN spany Inc. f ; t V * * END OF SECTION �. 00454 - 2 0399-00454 - Florida Trench Safety Act.doc.� F.1Englneedn"pital Pmjects%0399 North County Regional Park, Phase 1110399 Contract Oocs10399.00454 - Florida Trench Safety Act.doc Rev. 05101 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW I RESPONSIBLE BIDDERS . - z UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No. 0399 Project Name : NORTH COUNTY REGIONAL PARK. PHASE 2 � i 1 . Bidder's Name / Address : 13AZT4 Qt Lt Tl ot:Tio►.l , kt- l "irt WNAIA 21VE2. QSL.%Jr> * 202A4 JE2o Q64CA , Rw 329toD 2 . Bidder's Telephone & FAX Numbers: ` 123o lcrM 110 -3oi '1 CFA*) 3. Licensing and Corporate Status : 40S a. Is Contractor License current? i b. Bidder's Contractor License No: L4 - C j=7t3cf " [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4 . Number of years the firm has performed business as a Contractor in construction work of thetYP a involved in this contract: Zto 5. What is the last project OF THIS NATURE that the firm has completed? South- Cmgory Oae /c - Prose. /I 6 . Has the firm ever failed to complete work awarded to you? o [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work .] 7 . Has the firm ever been assessed liquidated damages? N0 [If your answer is "yes , then attach . a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed .] 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations? leo [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which OSHA violations were alleged .] 00456 - t 0399-00456 - Qualifications Questionnaire.doc FAEnglneeringlCapflei Prolects10399 North County Regional Park, Phase 1110399 Contract Doesk0399.00456 - Qualhlcallons Ques0onnalre.doc Rev. 05/01 9. Ha the firm ever been charged with noncompliance of any public policy or rules? } [ If your answer is "yes , then attach a separate page to this questionnaire that explains # the circumstances and list the project name , Owner, and the Owner's telephone number for each project.] 10 . Attach to this questionnaire , a notarized financial statement and other information that documents the firm 's financial strength and history. 11 . Has the firm ever defaulted on any of its projects? 40 [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which a default occurred .] r 12. Attach a separate page to this questionnaire that summarizes the firm 's current workload and that demonstrates its ability to meet the project schedule . r 13 . Name of person who inspected the site of the proposed work for the firm: Name : JAfCv4 &L4 Date of Inspections : 111146 14 . Name of on-site Project Foreman: Aa t Number of years of experience with similar projects as a Project Foreman : �o 15 . Name of Project Manager: J*ew ryl 5 � e Number of years of experience with similar projects as a Project Manager: �y 16 . What is the firm 's bonding capacity? 40 Dcoo I 00C) [The remainder of this page was left blank intentionally] r i 0399-00456 - Qualifications Questionnaire.doc 00456 " z FAEnglnearinglCapital ProjectsW399 North County Regional Park, Phase 1110399 Contract DocsW399.00456 - Qualifications Quesilonnaire.doc Rev. 05/01 i awE �, 1•� Ili- Ili , �. - �__ �.. . . , tl>• 16 . Complete the following table for SIMILAR projects . Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount Aw4p 4�g !D b3 srR kin / t Wag I?gk AWA,61 'Toz. rW11qq Alvrex Ad4mc- w6tv (ros dk o ,"5,� dr� . 3003DD00 , !C, d1*1 11 , ,E1105C Odd 0 �O 0399-00456 - Qualifications Questionnaire.doc 00456 - 3 F:NEnglneertng\Capilal Pro)ectst0399 Nath County Reglor ml Perk. Maw M4399 Contract Doc310399-MSO - Ckallfica8ons Queatlonnaire.doe Rev. 05101 [NOTE : If requested by the County, the Bidder shall furnish references , and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By: (Signature ) - (Po on or Title ) /ZZ40/4 3 (Date ) * * END OF SECTION 't i I ' 'L ( i 0399-00456 - Qualifications Questionnaire .doc 00456 - 4 F"Engineering\Capital Pr*ctsW399 North County Regional ParK Phase 1110399 Contract Docs10399-00456 - Qualgicalimu Cluestionnalre.doc Rev. 06101 SECTION 00458 - List of Subcontractors The Ridder SHALL list below the name and address of each Subcontractor 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 Subcontractor. After the opening of Bids , changes 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 request. Subcontractors must be properly licensed and hold a valid Certificate t , of Competency. Documentation Submitted with Project No. 0399 for NORTH COUNTY REGIONAL PARK, t PHASE 2 E Work to be Performed Subcontractor's Name/Address r ' 2 . � r � 0 fo>s � LL 3 . L o, ers `J G L E7 S C Polit� f 4s PSL s 5. C& "C.RTr,Te J • tAw) 1 Sots-� ,' 6t� i S DY`J Araor►rz, 7 . FfZ401; ac, 8 * 1200F� rjf-f 9 . X002tZ2aMES � � 10 . �-� �►� oo� tS �C.4�U S 11 . r4 �i-RiE2s� A4 . • # 12. PgWrl uc� rG �-nlL 13 . ST0 15 . :Fk": OJ � C a,✓�% 16 . �v ►'v1f3ti N Sa�-r f 17 . Note : Attach additional sheets if required . t * * END OF SECTION 0399-00458 - List of Subcontractors.doc t 00458 - 1 F:1EngineeiingrGapital Projects10399 North County Regional Park, Phase IR0399 Contract Docs\0399.00458 - List of Subcontractors.doc Rev. 05101 124 &-2003 10 : 53AM FROM INDIAN RIVER COUNTY 7727789391 P _ 1 Board of Cou.nty Commissioners ' 1840 251h Street Vero Beach, Florida 32960 Telephone: (561) 5678000 FAX.561 -778479.391 . TO ALL PROSPECTIVE BIDDERS ' NORTH COUNTY REGIONAL PART, PHASE 2 IRC PROJECT NO. 0399 ' IRC BID NO . 6038 BID OPENING DATE, WEDNESDAY, DECEMBER 177 2003 ACKNOWLEDGMENT ' 1' hereby acknowledge receipt of Addendum No . 1 , dated November 21 , 2003 for the above project. CIA Pei X&I ' NAME COMPANY / Z f)J tE RRIfBrftb ' Please sign and return to ; Christopher J. Kafer, Jr. , P .E. ' County Engineer Indian River County 1840 25th Street Vero Beach, Florida 32960 ' mEngineering\Capital Projects\0399 North County Regional Park, Phase 1A0399 Convact Docs\0399•Add 1 Acknowledgementdoc - 192- 18-, -2003 10 : 53AM FROM INDIAN RIVER COUNTY 7727789391 P . 2 1 Board of County Commissioners 1840 25th Street x Vero Beach, Florida 32960 Telephone: (561) 5674000 FAX 561- 778- 9391 TO ALL PROSPECTIVE BIDDERS ' NORTH COUNTY REGIONAL PARI, PHASE 2 IRC PROJECT NO. 0399 ' TRC BID NO . 6038 BID OPENING DATE, FRIDAY, DECEMBER 19, 2003 , 2 : 00 PM ' ACKNOWLEDGMENT ' I hereby acknowledge receipt of Addendum No. 2 , dated December 10, 2003 for the above project . NAME rg o !j1►! TITLEi e7 � T ns7,�vcr�nn� ' COMPANY l2 a o3 ' DA E CEWED ' Please sign and return to . Christopher J . Kafer, Jr. , P . E . ' County Engineer bidian River County 1840 25 `h Street ' Vero Beach , Florida 32960 FAErigin«xing\Capital Projects\0399 North County Regional Park, Pilase I1\0399 Contract Does\0399-Add 2 Ac:knowle g ment,doc SECTION 00510 = Notice of Award ' Date of Award : DECEMBER 15 , 2004 [Certified Mail - Return Receipt Requested] ' TO : BARTH CONSTRUCTION CO . ' (BIDDER) ADDRESS : ' 1717 INDIAN RIVER BOULEVARD , SUITE 202A VERO BEACH , FLORIDA 32960 PROJECT NAME : ' NORTH COUNTY REGIONAL PARK, PHASE 2 COUNTY'S PROJECT NO . : ' 0399 CONTRACT FOR : ' NORTH COUNTY REGIONAL PARK, PHASE 2 INDIAN RIVER COUNTY PROJECT NO . 0399 ' (Insert name of Contract as it appears in the Bidding Documents) ' You are notified that your Bid dated DECEMBER 19 , 2003 for the above Contract has been considered . You are the apparent Successful Bidder and have been awarded a Contract for: ' NORTH COPUNTY REGIONAL PARK, PHASE 2 BASE BID ( FOUR MULTI- PURPOSE BASEBALL FIELDS , ETC . ) [Indicate total Work, altemative or sections or Work awarded] The Contract Price of your Contract is TWO MILLION TWO THOUSAND ONE HUNDRED ' THIRTY NINE DOLLARS AND NINETY ONE CENTS ($ 290029139 .91 ) [Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts] You must comply with the following conditions precedent within fifteen ( 15) days (consecutive calendar days ) of the date of this Notice of Award that I by : JANUARY 30 , 2004 . ' 1 . Deliver to the OWNER ONE full executed counterparts of the Contract Y P Documents . ' 0399-00510 - Notice of Award .doc 00510 - 1 FAEngineeringZapital Projects\0399 North County Regional Park, Phase IM399 Contract Docs\0399.00510 - Notice of Award.doc Rev. 05101 1 f 1 ' 2 . Deliver the following documents as specified In the Instructions to Bidders (Article 20) , [and] General Conditions ( paragraph 5 . 01 ) and Supplementary Conditions (paragraph ' SC-5 ,01 ) 0] a. Performance Bond and Payment Bond with attached notarized Acknowledgement ' of Authorized Representative . Record said Bonds with the Public Records section of the Indian River County Courthouse , located at 2000 16th Avenue , Vero Beach , FI , 32960 , The Bonds shall be forwarded to the Indian River County Engineering ' Division . b . Certificate of Insurance with attached notarized Acknowledgement of Authorized Representative . Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited . You are required to return an acknowledge copy of this Notice of Award to the OWNER . The OWNER will return to you one fully executed counterpart of the Contract Documents , INDIAN RIVER COUNTY BOARD QP rC) TlNrrV RS ' (OW By: (AU 1 S R ) ' CHRIS PIKE J . ERr P . E . COUNTY ENGINEER (TITLE) ' ACCEPTANCE OF AWARD �,�2Ti-f CoNSTiZvG7� oN ' (CONTRACTOR) By: Z kvl L ' (A HORIZED SIGNATURE) ' Pr? ejer � r (TITLE) ' (DATE) 9 * * END OF SECTION ' 00510 - 2 0399-00510 - Notice of Award .doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00510 - Notice of Award.doc Rev. 05/01 SECTION 00520 - Agreement ( Public Works ) TABLE OF CONTENTS ' Title Paqe ' ARTICLE 1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 - THE PROJECT . . , . . . . . . . . I . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . 2 ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 4 - CONTRACT TIMES . , , . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 2 ARTICLE 5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' ARTICLE 7 - INDEMNIFICATION . . . . • . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 4 ' ARTICLE 9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' ARTICLE 10 - MISCELLANEOUS . . , . , . . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . . . . . . . . . I . . . . P . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK 1NTENTIONALLYI 0399-00520 - Agreement (Public Works ) .doc 00520 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05/01 SECTION 00520 - Agreement ( Public Works) 1 THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the ' State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER) ' and BARTH CONSTRUCTION , INC . ( hereinafter called CONTRACTOR) . ' OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows : ' ARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract ' Documents . The Work is generally described as follows : Construction of four (4) multipurpose baseball fields , concession stand/press box , maintenance building , electrical building , three (3 ) stormwater retention lakes , mitigation , playground , lighting and related items . ARTICLE 2 = THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : NORTH COUNTY REGIONAL PARK, PHASE 2 County Project Number: 0399 Project Address : 9450 COUNTY ROAD 512 SEBASTIAN FL 32958 ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative , assume all duties and responsibilities , and have ' the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 = CONTRACT TIMES 4 . 01 Time of the Essence ' A. All time limits for Milestones , if any, Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4 . 02 Days to Achieve Substantial Completion and Final Payment ' A . The Work will be substantially completed on or before the 210TH day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions , and completed and ready for final payment in accordance with paragraph t 14 . 07 of the General Conditions on or before the 240TH day after the date when the Contract Times commence to run . 0399-00520 - Agreement (Public Works) 00520 - 2 FAEngineering\Capital Projects\0399 North County Regional Park, Phase M0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05/01 ' 4 . 03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly , instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a ' penalty) , CONTRACTOR shall pay OWNER $ 1 ,216 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect, refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 1 ,216 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 = CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . B , below: A. For all Work , at the prices stated in CONTRACTOR's Bid , attached hereto as an exhibit. B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: : Numerical Amount : $2 . 002 , 139 . 91 Written Amount: TWO MILLION TWO THOUSAND ONE HUNDRED THIRTY NINE DOLLARS AND NINETY ONE CENTS ' ARTICLE 6 = PAYMENT PROCEDURES ' 6 . 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the ' General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions . 6 . 02 Progress Payments, Retainage ' A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' s Applications for Payment at intervals not less than once each month ' during performance of the Work as provided in paragraph 6 . 02 . A . 1 below. All such payments will be measured by the schedule of values established in paragraph 2 . 07 . A of the General Conditions (and in the case of Unit Price Work based on the number of units ' completed ) or, in the event there is no schedule of values , as provided in the General Requirements : 1 . Progress payments will be made in an amount equal to the percentage indicated below but, in each case , less the aggregate of payments previously made and less ' 0399-00520 - Agreement (Public Works) 00520 - 3 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 110399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05/01 such amounts as ENGINEER may determine or OWNER may withhold , in accordance ' with paragraph 14 . 02 of the General Conditions : a . Ninety percent (90% ) of Work completed (with the balance being retainage ) ; and b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . 6 . 03 Final Payment ' A. Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 . 07 . ' ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER, ENGINEER , and others in accordance with ' paragraph 6 . 20 (Indemnification) of the General Conditions to the Construction Contract , ARTICLE 8 = CONTRACTOR' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : ' A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents , B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost, progress , and performance of the ' Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and ' Regulations that may affect cost , progress , and performance of the Work . D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of ' subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions . E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so ) all examinations , investigations , explorations , tests , studies , and data concerning ' conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be ' employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and ' programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , ' explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . ' 0399-00520 Agreement (Public Works) 00520 - 4 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05101 G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . ' H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or ' discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ' ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A. The Contract Documents consist of the following : 1 . This Agreement (pages 00520- 1 to 00520-8 inclusive) ; 2 . Performance Bond ( pages 00610- 1 to 00610-5 , inclusive) ; ' 3 . Payment Bond (pages 00612- 1 to 00612-5 , inclusive ) ; 4 . General Conditions (pages 00700- 1 to 00700-45 , inclusive) ; ' 5 . Supplementary Conditions (pages 00800- 1 to 00800- 13 , inclusive ) ; ' 6 . Specifications as listed in the table of contents of the Project Manual ; 7 . Drawings consisting of a cover sheet and sheets numbered 1 -9 , 11 - 16 , 18-28 , 44 , 65- 82 , 89 , 91 , 92 , 94- 108 , with each sheet bearing the following general title : NORTH COUNTY REGIONAL PARK, PHASE 2 ; 8 . Addenda ( numbers 1 and 2 inclusive ) ; 9 . Exhibits to this Agreement (enumerated as follows ) : ' a . CONTRACTOR's Bid (pages 00310- 1 to 00310- 13 , inclusive) ; b . Statement of Public Entity Crime (pages 00450- 1 to 00450-2 , inclusive) ; ' c . Sworn Statement Under the Florida Trench Safety Act ( pages 00454- 1 to 00454-2 , inclusive) ; ' d . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452- 1 to 00452-2 , inclusive ) ; ' e . Qualifications Questionnaire ( pages 00456- 1 to 004564 , inclusive ; ' 0399-00520 - Agreement (Public Works) 00520 - 5 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05/01 f. Notice to Proceed (pages 00550- 1 to 00550-2 , inclusive) ; g . Documentation submitted by CONTRACTOR prior to Notice of Award ( pages ' to ., inclusive ) ; h . Contractor's Application for Payment ( pages 00622- 1 to 006224 ) , inclusive ; ' i . Contractor's Final Certification of the Work (pages 00632- 1 to 00632-2 , inclusive ; j . Professional Survey and Mapper's Certification as to elevations and locations of work (page 00634- 1 ) ' 10 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : ' a . Written Amendments ; b . Work Change Directives ; ' c. Change Order(s ) . B . The documents listed in paragraph 9 . 01 .A are attached to this Agreement (except as ' expressly noted otherwise above ) . C . There are no Contract Documents other than those listed above in this Article 9 . ' D . The Contract Documents may only be amended , modified , or supplemented as provided in paragraph 3 . 04 of the General Conditions , ARTICLE 10 - MISCELLANEOUS ' 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions . t10 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be ' binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the ' effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . ' 10 . 03 Successors and Assigns ' A. OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the ' Contract Documents . ' 0399-00520 - Agreement (Public Works) 00520 - 6 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05101 10 . 04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall ' continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the ' intention of the stricken provision . 10 . 05 Venue ' A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract ' shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . ' The remainder of this page was left blank intentionally] 1 1 ' 0399-00520 - Agreement (Public Works) 00520 - 7 F:\Engineering\Capltal Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05/01 10 . 06 Other Provisions ' IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions ' of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. ' This Agreement will be effective on 13 20 e),4 _ (the date the Contract is approved by the Indian River County lBoard o County Commissioners , which is the Effective Date of the Agreement) . ' OWNER : CON TCT INDIAN RIVER COUNTY By : By: Elm a0yu' > q gLeojdov c- Caroline D . Ginn , Chair n ( Contractor) By: TE SEAL) OJ Jame E . Chandler, Coun Ad nistrator ' Atte A ROVED AS TO FORM AND LEGAL SUFF191 CY, By. William G . Col Ins , II , County Attorney Address for giving notices : 1 't t 't0b , RN �� otac veb Jeffrey K. Barton , Clerk of Court VEEP OdLtij ' License No . _ GO- e ill1 + 1 Attest: J44:::: (Where applicable) ' Deputy C rk ( SEAL ) Agent for service of process : Designated Representative : ' Name : Christopher J . Kafer, Jr. , P . E . Designated Representaf e : Title : County Engineer Name : 1840 25th Street Title : Vero Beach , Florida 32960 Address : t (772 ) 567-8000 , ext. 1221 111M `lZ Facsimile : (772 ) 778-9391 Phone : - ' Indian River County Approved Date Facsimile : V19 7 O 361 ( If CONTRACTOR is a corporation or a Administration partnership , attach evidence of authority to sign . ) ' Budget r Co . Attorney 31taicq Risk Management al _ iiu ,Liql ' Department DIvIslon ' * * END OF SECTION ' 0399-00520 - Agreement (Public Works ) 00520 - 8 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00520 - Agreement (Public W orks).doc Rev. 05/01 t SECTION 00550 - Notice to Proceed t Dated [Certified Mail -- Return Receipt Requested ] TO : ( ADDRESS : ( BIDDER) Contract For: ' Insert name of Contract as it appears in the Contract Documents ( pp ) Project: OWNER 's Contract No . ' You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract Documents . The contract has allocated days for the completion of this project . In ' accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is Before you may start any work at the site , paragraph 2 . 05 . 0 of the General Conditions provides ' that you and Owner must each deliver to the other ( with copies to Engineer and other identified additional insured ) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents . Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVER COUNTY ' (OWNER) By : ' (AUTHORIZED SIGNATURE ) (TITLE ) ' END OF SECTION ' 0399-00550 - Notice to Proceed . doc 00550 - 1 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00550 - Notice to Proceed .doc Rev. 05101 P 1510897 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN ' RIVER CO FL , BK : 1686 PG : 29 , 01 / 27 / 2004 01 : 16 PM t SECTION 00610 - Performance Bond This Bond Complies with ' the Terrorism Risk Insurance Act of 2002 KNOW ALL MEN BY THESE PRESENTS : (TRIA) ' BY THIS BOND , we Barth Construction Inc. 1717 Indian River Boulevard #202A Vero Beach, FL 32960 (772) 778-3072 as Principal ' (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and ' Continental Casualty Company CNA Plaza Chicago, IL 60685 (312) 8224000 as corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) ' are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Vero Beach , Florida 32960 (561 -567-8000). In the sum of Two Minion Five Hundred Two Thousand Six Hundred Seventy Four Dollars and Banoo Dollars ($ 2.502,674.89) ' 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 day of 20_ entered into between the Principal and the County of Indian River, for: ' Bond Number: 929299344 Project Name: NORTH COUNTY REGIONAL PARK, PHASE 2 County Project Number: 0399 Project Address: 9450 COUNTY ROAD 512 , SEBASTIAN , FL 32958 ' Project Description : Construction of four (4) multipurpose baseball fields , concession stand/press box building , maintenance building, electrical building , three (3) stormwater retention lakes, mitigation , playground , lighting and related items. ' A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. Florida Statues Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference . NOW , THEREFORE, THE CONDITIONS OF THE OBLIGATION ARE SUCH , that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify the County of Indian River as set forth in the Contract, in the execution of performance of said Contract, 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 , including reasonable attorney's fees 0399-00010 - Performance Bond.doc 00610 - 1 FAEngieeringlCepitat Projectsk0399 North County Reglonst Park, Phase 1110399 Contract DoW0399-00810-Performance aond.doc Rev. 05101 A TRUE COPY CERTIFICATION 'ON LAST PAGE J .K. BARTON , CLERK , ' BK : 1686 PG : 30 (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves , their successors, executors, 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 be recovered against or which the County of Indian River 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 . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond. 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 or Drawings accompanying the same, shall in any way affect its obligations on this Bond , and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or 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 Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this day of , 20_1 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. «w«rwwrwwrrwrrrwrrwwrwrwrwwrrwwrrrrrrrrrwrrwwwwrwrrrrwrrwrwwrwrwwwrwrrwrwwr,ewwwrwwrwr:*rrrwrwwrwrwwrrrwwr+wr WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Signature o ividual Address Printed Name of Individual Witness Address «rwww►r:►rww►a►rrwrrwwwrr►ww►rwrrrr►rrwr«rwrrrrrrrrwrwrrwwwwrwrwwwwrrwwwwrwrrwwwrwwwwrwwwrrrrrwwwwwrrrrrwwwr [The remainder of this page was left blank intentionally] ' 0399.00610 - Performance Bond.doc 00610 - 2 RT=ngleednglCspltal ProjectsM99 North County Regional Park, Phase 110399 Contract Docs%0399-00610 - Performance Bond.doc Rev. 05/01 i A TRUE COPY CERTIFICATION 'ON LAST PAGE J . K . BARTON9 CLERK BK : 1686 PG : 31 ' WHEN THE PRICIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed , sealed and delivered in the presence of: Witness Nam: of Partn lip' Address Partner Printed Name of Partner Witness (SEAL) Address »w»ww»wwrw##w»###**#►w»ww#w#ww*##www»»#*w##*ww»www#w#»*#d###*w»►»w**»**ww»»#waw*ww►►w##tMYr*w*w* WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed, sealed and delivered in the presence of: Witness Nameof Partners BY: Address artner Printed Name of Partner Witness (SEAL) Addr »###►##w*w*»►w##►!►#w#►»Mfw#»ww#»w#w»1e#w#►►►#»#►►##►##He#►#►»►i►R►►w►w**►►ww►*»**»*#**#####►»►##w [The remainder of this page was left blank intentionally] ' 0399.00610 - Performance Bond.doc 00610 - 3 FXngieering%Capkal ProjeclIM99 Norlh County Regional Park, Phase IK0399 Contract Docs\0399-00610 - Performance Bond.doc Rev. 05101 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1686 PG : 32 ' WHEN THE PRINCIPAL IS A CORPORATION: Attest: Barth Construction , Inc. ' Secretary Name o orp 1:10 BY: ' (Affix Corporate 3 P ed Name ti • c �. - . Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL , � ? �,,,,• I certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed , sealed ' and attested for and on behalf of Said corporation by authority of its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest 1 �G� *. Continental Casualty Company �� cc,, ,,. ecre ry Corporate Surety , ; ,QQ ',: .- � y CNA Plaza, Chicago, IL 00685 Business ddress t v kr BY: rrrr :r Ix Corporate SeA,): Jen fer L. McCa , Attorneyln•Fact 8 Florida ' , ' Licensed Resident Agent Attomey-In-Fact INQUIRIES: (407) 834-0022 Guignard Company Name of Local Agency 1904 Boothe Circle, Longwood, FL 32750 Business Address ' [I-he remainder of this page was left blank intentionally] 0399.00610 - Performance Bond.doc ' 00610 - 4 F:1Engleedng\Cap11a1 ProJec1s10399 North County Regional Park, Phase II0399 Contract Dota\039940e10 - Performance Bontl.dx Rev. 05/01 ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1686 PG : 33 ' STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared Jennifer L. McCartyto me well know, who being by me first duly sworn upon oath , ' says that he is the attomey-in-fact for the Continental casualty Company and that she has been authorized by Continental Casualty Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 20th day of January 20 04 ' TINA HAASE , Notary Public, Stale of Florida Tina Haase, Notary Public State of Florida My comm. ecp. Dec. 2, 2006 Comm. No. RD 158911 My Commission xpires: December 2, 2006 rtes«awwrrawawwrrarwrarwwwrwrawrwrrrrwarwwwrrwrrrrrrr►rraarrrrrrrrrrrfntrrrrrrrrrrrrrrwrrarrr�rawwrrwawrrrwa Any claims under this bond shall be addressed to: Name and address of Surety: Continental Casualty Company CNA Plaza Chicago, IL 60685 ' Name and address of agent or representative in Florida if different from above : Guignard Company 1904 Boothe Circle Longwood, FL 32750 Telephone number of Surety and agent or representative in Florida: 40( 7 ) 834 _ 0022 **END OF SECTION" ' 0399.00610 - Performance Bond.doc 00610 - 5 F:1Engiaerin9\Capita1 Projectsl0399 Nath County Regional Park, Phase 1110399 Contract Docs=99-00e10 - Performance Bond.doc Rev. Mot A TRUE COPY CERTIFI TON , CLOS ST PAGE ' J . K . BAR BK : 1686 PG : 34 SECTION 00612 - Payment Bond This Bond Complies with ' the Terrorism Risk KNOW ALL MEN BY THESE PRESENTS: Insurance Act of 2002 BY THIS BOND , we (TRIA) Barth Construction, Inc. ' 1717 Indian River Boulevard #202A Vero Beach , FL 32960 (772) 7784072 as Principal (Contractor) , (insert name, Principal business address, and telephone number of Principal/Contractor) ' and Continental Casualty Company CNA Plaza Chicago, IL 606B5 (312) 822-5000 a corporation , ' as Surety, (Insert name, principal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Vero Beach, Florida 32960 , (561 -567-8000), in the sum Of Two Million Two Thousand One Hundred Thirty Nine Dollars and 91/100 Dollars ($2,002,139.91 ) amounting to 100% of the total bid price. For the payment of said sum we bind ourselves , our heirs , executors , administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract, dated the day of 20 entered into between the Principal and the County of Indian River, for: Bond Number: 929299344 Project Name: NORTH COUNTY REGIONAL PARK, PHASE 2 ' County Project Number: 0399 Project Address : 9450 COUNTY ROAD 512, SEBASTIAN , FL 32958 Project Description : Construction of four (4) multipurpose baseball fields , concession stand/press box building , maintenance building, electrical building, three (3) stormwater retention lakes, mitigation, playground, lighting and related items. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if the Principal shall promptly make payments to all claimants, as herein below defined , then this obligation shall be void ; otherwise , this Bond shall remain in full force and effect, subject to the ' following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255.05(1 ), supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the Work provided for the Contract. 2. Florida Statutes Section 255 .05 (2002), as amended from time to time , together with all notice and time provisions contained therein , is incorporated herein in its entirety by this reference 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, ' 0399.00612 - Payment Bond.doc 00612 - 1 F:tEngineering\Capaal ProjectsV=9 North County Regional Park, Phase IK0399 Contract Doos\0399.00612-Payment Bond.doc Rev. 05MI ' A TRUE COPY E CERTIFICATION ON LAST PAG ,J , K . BARTON , CLERK ' BK : 1686 PG : 35 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 it has a Best's Key Rating Guide , General Policyholder's rating of "A" and Financial Size Category of Class "X". ' The 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 Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. ' The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses , costs , and attorney's fees, including appellate proceedings , that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] i r ' 0399-00612 - Payment Bond.doc 00612 - 2 FAEngineer1roCapital Pmjects10399 North County Regional Park, Phase IM399 Contract Dowk039"0512-Payment Bond.doc Rev. 05101 A TRUE COPY CERTIFICATIKBAR CLERK ST PAGE ' 3 , . BK : 1686 PG : 36 IN WITNESS WHEREOF , the above bound parties executed this instrument under their several ' seals, this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives , pursuant to authority of its governing body. *rara*Y*rra*a#a*#aa*rrra**a#r4►##*#444w4#xrr4r444***awrrrrrrrrraa*#****wwwww#w###►►w►*w4w4**e#4ew4►*4r►rrrra ' WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , sealed , and delivered in the presence of: ' Witness Signature of Individual Address Printed a of Individual Witness Add H4k##*44r4#hfF,YMM4M*rrafr#k►kk444*r+kil***Akr*#*#**1r##M***#***#*#*k*Ir4####R#4##►►##►RM#w#####k#kk#k*R#►*k#4## WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TR16E NAME : Signed, sealed and delivered in the presence of: Witness Name of Entity ' B Address Principal Printed Name of Principal ' Witness (SEAL) Ad ress 4r44rr'rr44r4rr►4►►44wf►r#r4wrrrrrr►a4rrrftrarrrrrr*rMrtrrrrrarrrrr4r►ra***a**a4a#r#rr4►arrra*rr#:rw4r4w*4:►*w WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed , sealed and delivered in the presence of: Witness Name of Partnershi 7BY: Address artner 0399-00612 - Payment Bond.doc 00612 . 3 F.%Engineedng\Capital Projectal0399 North County Regional Park, Phase IM399 Contract 130ca03994=12-Payment sond.doc Rev. 06/01 A TRUE COPY CERTIFICATION 'ON LAST PAGE J . K . BARTON , CLERK ' BK : 1686 PG : 37 Pri a of Partner Witness (SEAL) Address ■aaarraraaaarrarrawrrrrawrrmwrrrarwerwrrwrrrrwrraeaaraarraaararrrarwaarmaraarwmwrwrxrramwmmrmw WHEN THE PRINCIPAL IS A CORPORATION : ' Attest: Barth Construction, Inc. Secretary Name of Corporationo (Affix Corporate SEAL) Printed Name Official Title ' CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of its governing body. ' Secretary (SEAL) ` TO BE EXECUTED BY CORPORATE SURETY: Attest: Continental Casualty Company ec Corporate Surety ;rx'Wyi CNA Plaza, Child o IL 60685 Business Address ; 00". 4F .."� " ' Y: 7MW/t�o JB n fifer L. McC41 it A6067y4m $ FIbT� ax Licensed ResiddAt Agent.,-ii. Inaulkles: (407) 834-0022 . . . : ln Fob 0399.006;12 PeyJpeit.Borid doc 00612 - 4 FAEnglneeringZapital PmjeMW399 North County Reglonal Pads, Phase IRMO Contract oocswo"om-Payment Bond loc Rev. 05101 A TRUE COPY CERTIFICATION ON LAST PAGE ' J . K . BARTON , CLERK tBK : 1686 PG : 38 (Affix Corporate SEAL) Jennifer L. McCarty Attomey-In-Fact ' Guignard Company Name of Local Agency 1904 Boothe Circle, Longwood, FL 32750 ' Business Address STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared Jennifer L. McCarty , to me well known, who being by me first duly swom upon oath, ' says that she is the attomey-in-fact for the Continental Casualty Company and that she has been authorized by Continental Casualty Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn t� e r e this 20th day of Janua 92004 . TI IFS — Notary Public, State of Florida My comm, exp. Dec. 292006 Comm. No. DD 1889911 Tina Haase, Notary Public, State of Florida My Commission Expires : December 2, 2006 t **fr**********Nf**f**1f*ff*!*f*1f***Mr1*******Mf****f*#ff**f*f**1ff*f**f**/a*!****f*****f1f****fRMf*f*f*f*f Any claims under this bond shall be addressed to : ' Name and address of Surety: Continental Casualty Company CNA Plaza ' Chicago, IL 60665 Name and address of agent or representative in Florida ' If different from above : Guignard Company 1904 Boothe Circle Longwood, FL 32750 Telephone number of Surety and agent or representative in Florida: 407 634 - 0022 **END OF SECTION** ' 0399.00612 - Payment Bond.doc 00612 - 5 F.Tngineering\Capitsl Proiects10399 North County Regional Parc, Phase 1110399 Contract Docs10399-00e12-Payment Bond.doc Rev. 05/01 ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K , BARTON , CLERK ' BK : 1686 PG : 39 Bond No. 929299344 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. ' To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen ' s Insurance Company of Newark, N7, and The Continental Insurance Company. ' DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was ' Zero Dollars ($0 . 00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. ' Form F7310 A TRUE COPY ' CERTIFICATION 'ON LAST PAGE J . K . BARTON , CLERK ' BK : 1686 PG : 40 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), ' are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L.McCarta, Katie N Flowers, Margie L. Morris, Brett A Ragland, Individually ' of Longwood, FL, their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - ' and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof duly adopted, as indicated, by the Boards of Directors of the corporations. ' In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto - affixed on this 19th day of March, 2003. ' craw amara Continental Casualty Company 4}� National Fire Insurance Company of Hartford Z pO11O""rp " x American Casualty Company of Reading, Pennsylvania V SEAL Aaall ' tear ttant • 7chaellengler S Vice President State of Illinois, County of Cook, as: On this 19th day of March, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that ' he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations: ' OFFICIAL SEAL ELBA PRICE • worvry LIZA mnwwwoW •'I001111�bN eawra: s M My Commission Expires September 17, 2006 Eliza Prise Notary Public ' CERTIFICATE I, Mary A. Ribillawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connycg V do1}toration, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the 'Power dfAttoarey8)iYd'&tthg3ve set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printtted�•osyeJ,(4[q fls still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this c . ¢'rae Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania San 4 xatrtF� • - . . , Mary A. Rtiikatkis Assistant Secretary Form F6853 A TRUE COPY CERTIFICATIONON LAST PAGE ' J . K . BARTON , CLERK ' BK : 1686 PG : 41 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents ' Section 3. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of ' Directors, may, at any time, revoke all power and authority previously given to any attomey-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17°i day of February, 1993. "Resolved, that rhe signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and said shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, withtespect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.* ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of instnsrtce, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject room limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto, The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a day of February, 1993. ' "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution drily adopted on February 17, 1993 by the Board of Directors of the Company. ' "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomays-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any'Anorney-inaFact" ' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17° day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the sea] of the ' Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to. any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." ' STATE OF "RIDA INDIAN RIVER COUNTY THIS 6 TO CERTIFY THAT " 19 A TRUE AND CORRECT COPY OF THE ' ORIGINAL ON FILE IN THIS OFFICE, s AO UTY CLER `Moray DATE _/_' t e ' ACORD COMMERCIAL INSURANCE APPLICATION DATE (MWDOM'4Y) *" APPLICANT INFORMATION SECTION 102 / 19 / 04 ! PRODUCER N 0 7 s 4 - o 0 2 2 CARRIER NAIL CODE: UNMWRRER NDEMMITER OFF, - T FAx ( 407 ) 260 - 1767 Zurich Halcyon .E14d;_ .__.—. . . _. .. . .. . _. ' POLICIES OR PROGRAM REQUESTED POLICY NUYBFA IGuignard company 11904 Boothe Circle Builders Risk $X48548003 LOI1gWOOd , FL 327rj INDICATE SECTIONS ATTACHED EQUIPMENT FLOATER GARAGE AND DEALERS PROPERTY X INSTALLATIONBUILOER$ RISK VEHICLESCHEOULE — -- --- — - — GLASS AND SIGN ELECTRONIC DATA PROC BOILER S MACHINERY I CODl: am CODE: ACCOUNTS RECEIVABLE/ CpMMERGAL VALUABLE PAPERS GENERAL LIABILITY WORKERS OOMPENSg710N gOENOT CUSTOMt q ID CRIMF.MISCELLAN50LIS CRIME HRUSINESS AUTO UMERELLA TRA PORT TION/ -----....... . .. . . . Mar? iRU0KER4fMOTOR CARRIER . . . . -- STATUS OF TRANSACTION PACKAGE POLICY INFORMATION OIJOTE X ISSUE POLICY RENEW ENTER THIS INFORMATION WHEN COMMON DATES AND TERMS APPLY TO 1 ,VF,IT�14 1,1NE$5 OR FOR MONOLINE POLICIES, X BOUND (Give Dale andfW Allacn t:opy); PROPOSED EFF DATE PROPOSED EXP DATE SILLMO PLAN PAYMENT PLAN AUDIT OHANOaDIRECT BILL G,;�L DATE PMM 2 / 23 / 04 2 / 23 / 05 Annual U. ,1 4 12 /Too _ AGENCY ILL APPLICANT INFORMATION i NAME (Flint NagNA Insured F Other Nnaed Insunda) FEIF OR SOC ECS MAIL ADDROU MCL ZlPs4 (al Flint Narnaall cured) -- - ! �w lnwwj� ( 772 ) 778 - 3072 1717 Indian River Blvd . , # 202A Barth Construction , Inc . Vero Beach , FL 32960 IADM '1117 NTERNET �INDIVIDUAL X CORPORATIONH &GCMA ATION�� I PP �� CRNgw UID NUMSER BTA EPARTNERSHIP JO VENTURENOT R ArDib NAiTAG 93 � ,....,. INSPECTION CONTACT E : ( 7 7 2 ) 77_0 - 3072 ACCOUNTING RECORDS CONTACT H No ; ( 7 7 2 ) 778 - 3072 Jason Pykes PREMISES INFORMATION LDC a swal STREET, CITY, GOUrlry BTAT14 ZIPi4 - - CITY LWIITS INTEREST YR BUILT PART OCCUPIED INSIDE OWNER OUTSIDE TENANT INSIDE OWNER OUTSIDE TENANT INSIDE OWNER aUTTi1IaC TENANT ' NALURE OF §USINEOISIDESCRIPTION OF OPERATIONS BY PREMISE (S) �..� __.... .. . ... - - _---•- GENERAL INFORMATION EXPLAIN ALL "T!a" RESPONSES YES NO EXPLAIN ALL "70" REiPONBE; YES NO 78. IS THE APPLICANT A 9UBSIOIARY OF ANOTHER ENTITY , ANY PAST LO S OR CLAIMS REL A ING Tp 8 UAL USE OR 16. DOER THE AFRICAN? HAVE ANY SUB 10 IE9T B• DURINO THE LAST FIVE YEARS (TEN IN RI), HAG ANY APPLICANT 2. IS A FORMAL SAFETY PROGRAM IN OPERATION? !In R1,, 0 �9% quesb�onOmust beboeswaaOF by mV aTHE �pl cmME Ot�prrMeerly Insurance. ' FWIr h:+4ie 4y saorkOr dbID01 mar dosdomoanor 3. ANY EXPOSURETO FLAMhMBlEB, EXPLOSIVES, OHEMICAL87 punas a 4, ANY CATASTROPHE EXPOSURE? 11. ANY UNCORRECTED FIRE 000E VIOLATIONS? b. ANY OTHER INSURANCE WITH THIS COMPANY OR BEING SUBMITTED? 7 . ANY BANK PTGES A% OR CREDIT UEN3 AGAINST THE APPLICANT B ANY P LI Y OR COVERAGE of WN Imps CANCELLED OR NON4:WNEWEO ' REMARNSIPROCESSINO NOTRUCU0149 ' ANY PERSON W140 kNOWINGLY AN15 MTN INTENT DEFRA D ANY (tIlSURANCE COMPANY OR ANOTHER PERSON FILES AN I APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS i FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND [NY: SUBSTANTIAL) CIVIL PENALTIES, (Not ' applicable In CO, HI, , OH , , , or VT, In DC, LA, ME and VA, Insurance benefits may also be denied) SIGN TURREE PRODUCER'S SIGNATURE ACORD 1Z71) q-j ) PLEASE COMPLETE REVERSE SIDE c0 ACORD CORPORATION 1993 PA T C;IgP).Glb JIWHAwnn RHHNn T nn F,q : q T: t7I?I0F.-6Z -93A r , r F!Iji_O - GARRIER INFO -- --ION r — LINE catecaar CARRIER _• ~••• POLICY NVMBER ' POLCYTYPE CWMB eCL'IMLIKC C�/u�Cp ���� GWAI! CCCWwlwoE EWIJ6i� CW1b oCaJMeIEe RETKO patE O EFFPW DATE M GENERAL AGGREGATE ' ¢ 0DUCT8 QOMP OF C M A PERSONAL & ADV INJ ML E L EACH PWURREN E rR e I FIRE DAMAGE A ` M MEDICALEXPENSE L 1 +T 6 BODILY OCCURRENCE y INJURY AGGREGATE ' PRoPERTY OC RRE E DAMAGE AGGREGATE CO 81N D SINGE LIME MODIFICATION FACTOR TOTAL PREMIUM CARRIER POLICY NUMBER 0e AL POUCV TYPE T P EFFmE%P DATE M 1 COMBINED SINGLE OMIT / O' EA PERSON L T BO L T INJURY RY i Y PROPERTY DAMAGE MODIFIGAT ION FACTOR r TOTAL PREMIUM CARRIER POLICY NUMBER ' p POUCYTYPE P EFF-EXP DATE a BUILDING AMT T PIERS POP AMT MODIFICATION FACTOR TOTAL PREMIUM CARRIER POLICY NUMBER POUXYTYPE EFF.EXP DATE LIMIT MODIFICATION FACTOR TOTAL PREMIUM LOSS HISTORY �LA l �'F FAULT AND MiETHER OR NOT INSURED) OR OCCURRENCES THAT MAY G1VE RISE TO CLAIMS ^� CMK MERE -SEEaT'17[CFIE6— 1 -- — $ CU EN LINE TYPEJDESCRIPTION OF ODouRRENCE OR OWN GATE AMOUNT AMOUNT C M OCCURRENCE OF SLAW PAID RESERVEO STATUS Crtn ' Cl.Cnfo a�eh CZ"ED REMARWS NOTE: FIDELITY REQUIRES A FIVE YEAR LOSS HISTORY ATTACHMENTS ' STATE BUPPLEMBNT(S) (V ■pplW") Co of the notice of Information practicer. rivacA has been given to the applicant. Not applicable in all states NOTICE OP INSURANCE INFORMATION PRACTICES ' PERSONAL INFORMATION ABOUT YOU, INCLUDING INFORMATION FROM A CREDIT REPORT, MAY HE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTION WITH THIS APPLICATION FOR. INSURANCE AND AU98POUPNI POLICY RENEWALS. SUCH INFORMATION AS WELL AS OTHER PERSONAL AND PRIVILEGED INFORMATION COLLECTED BY US OR OUR AGENTS MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES, YOU HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN oUR FILES AND CAN REQUEST CORRECTION OF ANY INACCURACIES , AMORE DETAILED DESCRIPTION OF YOUR RIGHTS ANp OUR PRaCTICE9 !3EGARDING SUCH INFORMATION IS AVAILABLE UPON REQUEST CONTACT YOUR AGENT OR 6ROKER FOR INSTRUCTIO O HOW TO SUBMIT REQUEST TO US, ' ACORD 125 (2001 /04) 20 ' d L9L T 09ZL0b J.NHr wnn CINHWn T nn 9C ! CT i7fiV71.7_9 T _= .4 ' r ACORD,„ INSTALLATION/BUILDERS RISK SECTION °ATE `MW°°"Y"" 2 19 04 PRoDUC4R PHONE ( 9 a 7 ) 8 3 4 - 0 0 2 2 AP6LICANT ( 407 ) 260 - 1767 Barth Construction Inc . ' I Guignard Company PRDP45EDEFF. DATE PROPOSED ERP, DATE I BILLING PLAN I PATMENTPLAN PREM. ADJ, 1904 Boothe Circle 2 / 23 / 04 2 / 23 / 05 K AGENCY annual Longwood , FL 32750 DIRECT 4LINSTALLATION fOR QOIIPANY USE ONLY BUILDERS RISK ' OPEN REPORTING FORM COVERAGE CAUSES OF OSS & OEDUCTIBLE LIMIT AT ANY SINGLE LIMIT PER LIMIT AT TEMPgRARY TRANSIT CAUSES of LOMB SUB LIMIT DEDUCTIBLE LOCATION DISASTER LO�ATION LIMIT EARTHOUAKE $ FLOW S S sPEC1AL OAP BASIC ' TERRITORY r RECEIPTS sPMFY THE APPLICANTS OPERATING TEFI ITORYI ENTER THE GROSS INS{ALLATION RECEIPTS, PAST I MbFITNS NEXT 12 MONTHS T a � ' s JOBS/VALUES _ _ f ek ANNUAL s JOBB IN PROGpE86 MATERIAL COST COST OR VALVE OF EACH INSTMA.AMON (1` alTotBl) TYPE NUMBER 113URATION MAXIMUM AvERAGE MAXIMUM MINIMUM AVERAGE 1 RESID"HIAL $ S f . _ % ' COMMERCIAL $ S , • S % ADDITIONAL INTERESTS Attach a se sp to sheet, If necessary,)__ / NAME i ADDRESS — — r NAMES ADDRESS — f �rr dlF / r 1 INTERES ` / CERTIFICATION INTEREST CFOlTIFICATION REMMM NAME A ADDRESS /J NAME A ADDRESB i r ' jWMEAT CFRTMAT'ION WTEREST CERTIFICATION REgUIREO REQUIRED WGING TRANSPORTATIONISECURITY ' I OEBCRIBB AL OIBTING OR OTHER OPBpAT RggREgYIRIMC RIGGING. ESTIMATE % OF YAWS Of MATERIAL SHPPED TO JOB SIT! AT APPLICAKTB RISK, Y. j DESCRIBE JOB SITE SECURITY i REMARKS ACORD 147 (2001102) SPECIFIC .JOB ON REVERSE SIDE ® ACORD CORPORATION 2001 VIA ' rl J ,9J4ZG19p�J8Gtt+ kNHAwnn (TNHWnTnn VIM ! gT. t7SM7-9T —PqA ' SPECIFIC JOB COVERAGE CAUSES OF LOSS DEDUCTIBLE LIMIT AT LOCATION LWRAT A TEMPORART TRANSIT UMIT CAUSES OF LOSS SUB LIMIT DEDUCTIBLE LOCATION EARTHQUAKE i ' FLOOD f sl , 356 , 115 structure s10 , 000 s25 , 000 AOP s 2 500 SPECIAL BROAD eAalc JOB TERMNALUES SECURITY ,roe TERM WNDESCRIBE JOB SITE SECURITY CONTRACT AMOUNT VALUE DF OER GOMMENCEMENt COMPLETION SUPPLIEDWtoPERT7 park - locked at night with 02 / 23 / 04 240 days s2 , 002 , 1. 39 $ Ranger on duty . .. .. . . . . . . . .. JOB DESCRIPTION beaCR19E 1HE MIDRK TO 6E PEkmRMEO ' North County Regional Park Phase 2 - 4 multipurpose baseball fields , concession stand/press box , maintenance bldg , electrical bldg , lighting , fencing , etd . 9450 CR 512 , Sebastian , FL 32958 MSUPAWSJoe NUNBMI ADDITIONAL IIMaw&ESTS Attae a e aot 'f necessary)NAME a ADDRESS NAME a ADDRESS ' Indian River Cour_ty 1840 25th Street Vero Beach , FL 32960 1 INTEREST INTERlST X GERTIFIGATION CEpTIFIGATNIM Owner REQUIRED REQUIRED ' NAME a AdbREsa NAME a ADDRESS INTEREST CERTIFICATION IwTtE;REBT CERTIFIDATOM RAM-- REQUIRED SPO ��Q� .._ ..- _ RIGGING _ -- TOTAL VALUES TO BE SNIPPED TO THIS 090 SITE AT APPUOXr$ RIEIL DESCRIBE ALL HOISTING OR OPERATIONS REQUIRING RIGONO, AMOUNT SNIPPED FOR APPLICANTS % BT ""MOW DISTANCE INVOLVED VEHICLES CCNTRACTCARRIEIt ' x RERARICB Quoted 2 / 18 / 04 with $ 1 , 000 deductible , please ISSUE WITH $ 2 , 500 DEDUCTIBLE AOP , ' 1. % WIND / HAIL I i ' ACORD 147 (2001102) ATTACH TO APPLICANT INFORMATION SECTION G.GI ' rl JAI . TPICI;7) Pt7 ANH,4wwi fl?IHWrITnr1 G101 : gT. V0M -FST -Ra -4 ' The Inland Marine Declarations and INLAND MARINE DECLARATIONS •Y1°": """u" Endorsement, if any, issued to form a part thereof, completes the Commercial I Insurance Policy numbered as follows: BR 48548003 ZURICH ® New Policy ASSURANCE COMPANY OF AMERICA ❑ Renewal of NEW YORK, NEW YORK 10038 ❑ Rewrite of A Stock Company ' In return for the payment of the premium, and subject to all the terms of this 2. Producer Information (complete A-E) policy, we agree with you to provide the insurance as stated in this policy. A) Name: THIS IS A COINSURANCE CONTRACT. Please read your policy. Halcyon Underwriters, Inc. 1 . Named Insured and Mailing Address : 2600 Lake Lucien Drive, Ste. 304 Barth Construction, Inc. Maitland , FL 32751 ' 1717 Indian River Blvd., Suite 202A B) Telephone #: 4076601881 Vero Beach, FL 32960 C) Fax #: 4076600525 3. Policy Period — From Effective Date Of: 02 23 2004 D) Zurich Producer #: 02219582E) Field Office Name : ORLANDO to (check one): ❑ Continuous Reporting ® One Year From Effective Date F) Field Office Code: ZO 12 :01 a.m. Standard Time at your mailing address above. 4. Form of Business: ❑ Individual ❑ Partnership IN Corporation ❑ Joint Venture ❑ Other 5. Limits of Insurance (select either One-Shot or Reporting Form option below) ❑ Reporting Form (continuous policy) ® One4hot (non. reportingform/single structure policy) HBIS-1 ❑ Annual Rate ❑ Monthly Rate (HBIS•4) ❑ 1 -12 Family Dwelling ® Commercial Structure r ❑ Including Existing Building or Structure (HBIS-37) ❑ Including Existing Building or Structure (HBIS-37) Property Location 9450 C.R. 512 A) Any one structure` $ 1 ,500,000 Sebastian FL 32958 B ) Property temporarily at A) Anyone structure any other premises $ 10, 000 B) Property temporarily at C) Property in transit . $ 25,000 any other premises $ 10 , 000 D) All covered property C) Property in transit $ 25,000 ' at all locations $ 5,000,000 D.) All covered property at all locations (same E) Development(Subdivision Fences/Walls as A unless otherwise noted) $ _ 1 .356, 115 or Signs Per Report E) Development/Subdivision Fences/Walls or Signs $ 167.257 F) Rate Per Report F) Rate $ 0 .35 G) Premium Per Report G) Premium $ _ 5 , 332 .00 H) Tax (applicable in KY only) Per Report H) Tax (applicable in KY only) $ 0 .00 1) Total Fully Earned Policy Premium Per Report 1) Total Fully Earned Policy Premium $ 5 .332 .00 Subject to underwriting guidelines (minimum premium applicable) 6 . Deductible (minimum $500 unless otherwise Indicated): 99 $ 1 , 000 ❑ $2,500 ❑ $5, 000 ❑ Other. 7 . Forms Applicable To All Coverage Parts: . ' E 40471 Builders Risk Coverage Form IN HBIS-42 Florida Fraud Statement E 47681 Comm. Inland Marine Coverage Part ® HBIS-43 Windstorm Percentage Deductible ® CM0001 Comm. Inland Marine Conditions ❑ HBIS-44 New York Fraud Statement E IL0017 Common Policy Conditions (ILI in WA) Other Forms: (list other applicable state and/or HBIS ' ® HBIS-58 Development/Subdivision Walls/Fences/Signs forms; all required state forms applicable) ® 9H0003 Florida Builders Risk Declarations 1aRIR - 4A rmol n1. II 0175 HRIRF;R 11 ng5g- ❑ HBIS-35 Windstorm or Hail Exclusion ❑ HBIS-37 Existing B Iding (s) or Structure(s) Countersigned. _ � a 0 /6 1 ' ate Y D FM 170001 Rev. 07/00 Authori d epresentative INSURED COPY MORTGAGEES COPY AGENT COPY BUILDERS RISK PLAN COPY f 1"a ! The inland Marine Declarations and INLAND MARINE DECLARATIONS ..••.•: .�. .�. It/ Endorsement, if any, issued to form a Ito part thereof, completes the Commercial / Insurance Policy numbered as follows: BR48548003 '"� "T ZURICH ® New Policy ASSURANCE COMPANY OF AMERICA ❑ Renewal of NEW YORK, NEW YORK 10038 ' ❑ Rewrite of A Stock Company In return for the payment of the premium, and subject to all the terms of this 2 . Producer Information (complete A-E) policy, we agree with you to provide the Insurance as stated in this policy. A) Name: ' THIS IS A COINSURANCE CONTRACT. Please read your policy. Halcyon Underwriters, Inc. 1 . Named Insured and Mailing Address: 2600 Lake Lucien Drive, Ste, 304 Barth Construction, Inc. Maitland , FL 32751 ' 1717 Indian River Blvd . , Suite 202A B) Telephone to 4076601881 Vero Beach , FL 32960 C) Fax to 4076600525 D) Zurich Producer to 02219582 ' 3. Policy Period — From Effective Date Of: 02 23 2004 E) Field Office Name: ORLANDO to (check one): ❑ Continuous Reporting ® One Year From Effective Date F) Field Office Code: ZO '12 :01 a.m. Standard Time at your mailing address above. ANSWER ALL UNDERWRITING INFORMATION ON THE CONTRACTOR 8. Contractors Name (if different than named insured}: 13 . Number of structures projected for the next 12 months? ❑ 1 2 ® 3.50 9. Business Description : ❑ Residential Contractor ❑ Remodeler* If more than 50, Indicate number -- 19 Commercial General Contractor 14 . Protection Class : ® 1 -8 ❑ 940 Rate 0 .35 * If remodeler, any work involving foundations, structural changes or 15. Property located In: movement of load bearing walls? ❑ Yes ❑ No If Yes, complete Renovation Questionnaire HBIS24 FL INDIAN RIVER 32958 10. Does contractor have at least 2. years of ezperience7 ' (state) (county) (zip code) ® Yes 13 No If no, not eligible for .coverage 16. Loss experience for last 3 years? Indicate cause of ' 11 . Is any value reported a coverage request for both the existing loss for claims over $5 ,000. Do not leave blank structure and the remodeling work on that same structure? ® None ❑ Yes ❑ No If yes, attach HB1Sw37 12. Number of structures built/remodeled during the past 12 months? ' ❑ 1 -2 I] 3-50 If more than 50 , indicate the number . THIS AREA FOR COMPANY USE ONLY ' Date: Pymt Schedule: ❑ Monthly ❑ Annual Fire Code. State: X-Wind: Discretionary/Lrg Bidr Cr: Primary Seg : Earthquake: Negotiated Rate: Secondary Seg : Flood: On Demand Floater (ME): ' FM 170001 Rev. 07/00 ' AGENT COPY BUILDERS RISK PLAN COPY U11G51GUV4 11 UZ h �VJ4 non bow •. . � , • - - ' ACORD. CERTIFICATE OF LIABILITY INSURANCE as 113 �,� DATL? (MMID 02 / 25 / 04 C� ,..�.. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' tiuokleberry , Sibley & Htarve7 Y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA'CE & Band$ of Brevard , LLC BOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1020 N Orlando Aba SGML 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32751 P1ioneE4O7 - 647 - 1616 FaxE007 - 628 - 1635 INSURERS AFFORDING COVERAGE ; NAIC # ., . , . . . , .. I . I . .. ., . , .. ... ,, ,. . ,. . . . INSI,IRaft . . y ....--•—•-- IM'.LAiFD A trriaurp TasurRnaw roswp.ayIt ... .. . . ......... ..... . ... ,1 . INSURER D: Barth construction , Inc . ., ._...... _.__......�..._._.._.. .. ... ..... .. I' , Attnt Phil Berth 11 II�!<iI1RGRC: 1717 Indian Rives Blvd . r S #202 ---- _.._ ...._.. ,. . ... . . ___.. � ........ .........._,......�_. _ _ Vero Beach FL 32960 1111URIliIII D: ! 1NtiLIlilrK l's: COVERAGES THE POLICLS 01" IN:IURANCE LI3:1'CD DCLOW I IAVC II 11 70 THL INSLJI'<IA NAMLL) ALIOVE.: 1'OR T HL f1OLICY rCrI INDICATEr). NL WAYfIll"ANDWE,'L ' MAY r'CRTAIN, TI'I WPURANCCAFr'ORDm11YTHEPOLICIP , OCOCFINEDHEREIN18SUBMCTIH «rlALI.' HI.'* TA{:Hi LXCIFKTIi•ICA'iI- MAYLSf• IIt)N%tOf. N 001, IC1r,R A00ACOATC 1,IMiTS M ,K)WN MAY wwr. firr; NRr: f)UC�h III PAIr) GLANAf GT TOALI. TMt:' TI MrA«i > %t,LtIYK)NS nNU U % +{7tllt)N tt)r .yS,IC:It ANY REQUII I:�Nr- 1 . K 01 t ,. II OCI MkN7 r a , r 1 I I T1VC PQLIGY GAP VION I .TR N. Rt� TYPE OP INSURANCE t POLICY NUMBC•R DA • 14"I YY DATE M IYY LIMITS ,l!. GENERAL LIABILITY I CACI I OCCURRENCE E S l r +300 r 0 00 11 ' ( ATrETT 'iG NTC.0 .. }._....... . . X iX GUMMI:KCIALL1L:rItriP,LLIADILIIY 9142008039000000 03 / 30 / 03 I j 03 / 30f04 ret[MIA Sm( _�_• '' CLAIMS IdI ; X OCCUR MED III (Anyone fu ;Moro I s 5 , 000 - _.. ..•.. R -.)NAL n ADV IN.IURY ! S 1 r 000 , 000 ... I CfiNFRM ...... . . . AGr.Rr•,r..ATr s 2' r 000 , 000 ULN'L aGGEiL' OATE LIMIT' ArI ICD VLR: ! r'ItUUVGI ^u • GOMI"1Uh' aL Ci t S 2 , ppQ , 000 — ! POLICY r` t,Df AU rOMOOLtl LIABILITY (C a saCC a bt tl _ .. 0... ... � . 4 d4 i } COMhINI SINVLr' LIMIT D ' X g jANY AUTO ; CA2008036000000 t 03 / 3D / 03 03 / 30 / 04 ; � . ! _ I!! . .. . . . . k X I ALL t twHED AUYt1D i DODILY INJURY I SCHI7ttAZOAUTOG (P rr peer xs�) .. . . . .. . ... ,. ... ..., .......,.. } XIIriRCNJNDAUTOL ' I I N�Jr�Y ' t i " N �N•CLD AIJ1 Du ( cnf } 1 . ...... ..... i I tu7uir,l ...............� ..........._...... ....-. Yr+r nmrl ... . . . . . .. . . . . .. . .. . (Per aKt7YkH1Yr)AMAG♦• t t i anil ._ --j--� . .....�_ ..._---�._-__._......., ,.,.-. t ........ _—____ ! QAkA(Jk6 LIABILITY AUTO ONLY • CA AOGICWK 15 t i ANY AUTL1EA ACC t t}TWFR THAN AU 10 ONLY: Orr, i S VXCLWA M MELLA LLAMLM t:AI UL;L:UKKLNt; t ! s 4 r Q00 r D4Q X IX ; OCCUR i ., I rlAlaA!; taAUt I CI72008041 03 / 30 / 03 03 / 30 / 04 AOWRCOATr1 ' Isa , noo , Qoa i IF n1;rAJc, rnfE.Ir i I I s _.....,,.1i' ! _ ..._.,._.._,_..,_._..___. _...... ... .. . . . . ...... $ 10 000 ( r ' WGRKeNSC' LIABISATIGNAND WC - 2008042 . 00 03 / 30 / 03 03 / 30 / 04 L.L. . ., I 1 , WO LL7.1618 C MPIN 11'Y + { I, X 7 UItY ilMll'Ei I Eft ANTI'I40WI?lL'TOHrPARYY�IirirFxl'if:I,11IV1 i 3 I EACHACCIDLN'1' 11100 ROD UI' i 'ICL"ILME MDInR f;xC11A')F171 I L.L. DISCARC •d CA CMPLOYCCI $ 1, 00 r 0':014 i .,........ _ . _, ... . . . . .. 1W'L•'CIALS{N4C1Vt^Gf NC below 1 C. I 01 ,FARII . PO - I I . ! YM ( I ,IGY I IvgT i $ 500 pQ0 i DFiAORIPTIOX OK QFMtRATIpN$ 1 LOCATIONS ! YEHICLYB 7 L'XCLUQIONS AGgGP OY i;NDORREMr'f+1T tSPCGlftl FNtOVISSONB ' North County Park Phase TT CertiEfcate Halder is additional insured for liability as repeats to work parfozmed by named insured . ' CER11FICAT'E HOLDER CANCELLATION lNRICrOO SHOULD ANY OF THE ABOVE 1)RSCN180 POLICIES BE CANCELLED DGFORC THE EXPIRAtON DATE THEREOF, III 16StANG rNSVRCR WILL ENDEAVOR TO MAIL 30 UAYS WFnTTF.N IddIddlIdIdd 41 NOTICE TO THF. CERTIFICATE HDLOPP NAMPO TO TI Lfft BUT FAILURI! TO DO 50 SHALL 41 IndiaRiver County IMPOSP NO OBLIGATION OR LIAWLITY CIF ANY KIND UPON THE INBUG'if R , rra AGERIN OR 184D 25th Street REPRI:AENTA"I'd Vero Basch FL. 32960 AUTHORIZED MiPkL8RNTATIVEM Larsitn Wei ht; „ . .�' ./ AGORD 26 (2601 /08) - 0 ACORD C PORATION 998,8 It's U 'L / L' O / ;eUU4 I I ; V I INA non vu ' CORD,. CERTIFICATE OF LIABILITY INSURANCE ROP C0 L DATEdRM/LID/ J"1 �RC006 � 02 /25 / 04 PRODUCER '- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Huckleberry , Sibley & Harvey T ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE w & Bonds of Brevard , LLC HOLMR. THIS CERTIFICATH DOES NOT AMEND, EXTEND OR 1020 N Ory, ludo ,Ave Ste 2 DO ALTER THE COVERAGE AFFORDED BY THE POLICIES Or- LOW, 1 Maitland FL 32761 ., .» . . .» , « M . .... . « Phone L 4 07 . 647 « 1616 Fax s 4 07 , 62 8 ., 163 5 INSURERS AFFORDING COVERAGE MAIC I ....__._.. _. __ ___ .... .... . .. . ......._..,..._N . .. . ...., . . ...... .. . . . __ _.»..__ ..... .,_....»._..,._ INSURED SaYC* Ytwuranow Qeioq)eay INSURER, . .._...Aa,nr. ... ... . ..., . . ... ._ _. .... .,.. 11q Earth Construct�. on Inc . ..... . ........ __..._._._.... ...... ....... Attnr Phil Birth III ; INEURCRG : - — -- - _._.. . . .. . .. ... ..... . . . . ..... ....._...__. .,.,.. t...._, ' era Indian liverL329 Blvd . , 8# 202 { INSURERD Vero Beach FL 32960 --•---.— ._—. _.._....____..'-.._.. ' INyUHI•I< L• : COVERAGES T'41F I K')1 II:IFt, OF INf 1,lkAN( x t,I;RT?lT ;<1rJ ,OW MAV{ BLCM E::UCD I'U 1111. IN::UI<LD NAMLUAUOVC rowll IL" POLICY PERIOD INDICATED. NOTWIT118TANDINC ANY RL OUIRCML-N I. 1' CH11OR CONDIVION OF ANY CON 1 HAI; 1 ;}K t7 t H) H i}t1ClJN! N i' WLf H Hf;$J'EC7 'I U WMIGH 1 MLS Ct R 11111we* MA" RI:: 1li51JFl10R ' MAY NFH )AIN , INF INJI)MANCt'. AI-h ;)MI)1-V My THI• r' UCII! 5 0C5f:RI8rD HrRCIN IS A(JOJCCT TO ALL THE TCRMS, C%CLU510145AND Cr„•NDMIONS or I;+ JC14 LIMITS ZKOWN MAY HAVE OCCN REDUCED BY PAID c1 AIMA . INgR 0" WA TYM!! OF INSURANCI! I POLICY NUMBER+ --� DA7C MMIDCa" � DATE MMJDD YYO I UMRB (IFNFRALLIABILITY I I { $ :ANIt7l:;%IJI7MF•NL%1: is 11DDD , DOO Id d4 � IADUITY s GtL2008D39000000 ' 03 / 30 / 04 _ c ' " rrrs.:y,,,. ,• i s 50 , 000 -•_,i •• „ i GLALMS MADC X ' r 'LHl.ONAL !. ADV INJURY ! s 1 000 000 I C,rNCRAt. AGrRrGATr, ! ,4; 2 0001. 000 •.••• •-.• GF RI, ArommoATC LWITAPPOrs Prn 1 -� i . - 1100 , 000 i ICY ht1 ; POL , I ItOIkJCi .. . . . . . ... . . ..... . ........ .,. . I . ' . ) , ......._. -.. .. , . ..,.. . , . .. Ir•.�T LOC i , ! AUTOMOBILELIARILITY I I y L;CJMFINCD 'INGLILMiIT ;15100001000 x ? X i ANY CA20DO036000000 ; 03 / 30 / 03 03 / 304/ 04 rruae RIrIq L... .. . ...... .......... I .. .. .. ALLOWNWAUTOG I 00p1l,Y1FJJURY 1IVIEDULE'DAu1T)F1 I (Prrparvon) J X hpitCJ ) AU'1r '9 ! I . . ......- --_ � . ....._-...... ..__._....-.. -._..._. 1 IIf)LriLYINJtJRY NON•OWNW) AUTO!} I I ; IPrf accup nq,. . .........._............ _.-. . . .... .... .. ...........__..... _. . .. .. . . . _ . I t I . . ......... ...........�_.... : IPkf.W1'KIY L)AMAL)F t rMtK10denl) IrGARACTLUOLITY ANYAWO i I l )T} IERTwAN CA AOG,.I .. ._......... . . . it%u 10 ONLY: AGG) S 1000 iNMt1RdLLA LAL3LLLTv I t:ACH OCCURR U CE S 4 , D 00 , 000 �q II t)rI I ' 03 / 30 / 03 03 / 30 / 04 AGrArOAT044P000 , 000 GLAIM& MADL" CU2008041 r, WO00ISCOWENSA 63o� aOC+ L'_LTGI?YLIMITG'ITA GR ...._.» ._, ._ •.,..,,...__,....-.. I EMPLOYEW ' WORKLRDGC+MPEHSATFQNAND t ANY PROPRICTOR/p9ARTNt!wm1Gu'nVG 1 WC4008042 - 00 03 / 30 / 03 03 / 30 / 04 L_L. L'ACHACCIDDIT ! S100r00D • QFIICG<IMI:!ML9_Y; U(L^LUDlD'? E I lil.. nliFASF - F,AFM} 1OYFF! $ 100 000 ny _`.,. •,......,....,� .__-. ... .. . I ( . ...•_-'__-_..._ .... ., _i ..,,.._.., ._. f . • •. . .». . . It m), dflnrrltla }mtlnr ,.I1;41AI, PItI)VI,.IL}Ndppipry I�—LDL`";rt•AzT - POLICY LIMITMIT ; S 500 000 f 1 1 DG6CRIPTION OF OPL RA1'IpNF i x.tjC� ftQnF r Vr"CLCO I CKCLUSIONS ADID96 BY 91i1V0R5EMEN7J 9rrGM. PROVISIONS ""-- ' RR : Worth County Park 'Phage Ile Certificate Holder is additonai Insured for liability as respects to work performed by named insured CERTIFICATE HOLDER CANCELLATION .TLAAmQ SHOULD ANY OF TILI? ALlOVE DC5CRRIL!D POLICIES DECANCELLUO HEFORI: TMY, V1100tATiON ' VATC THEREOF, THE 155UING INSURER WILL LNDEAVOR TO MAIL_ 30 DAYS Wr1n7r.N Flom, da Department of NOTICE TO THE CERTIFICATE MfaLOFA YANCO TO THE Lrm, aw. AILURC TO DO ,SO SHALL Environmental Frotec ti O> 1 IMPOBI; NO orllaGATION Oft LIABILITY 13F ANY KIND UPON TH6 ` S�NTS OR Central Division �'URA& ITS A 33L9 MaGuire Zlird Suite 232 REPRESENTATIVE& ' Orlando PL 3280311113767 AUTHORFF. REPR BFNTA Lanita Wxi h �,. ACgRD 25 (2001 )08) 0) ACORDORATION 1981 \. 1 SECTION 00622 - Contractor's Application for Payment. doc Application for Payment No . ' For Work Accomplished through the period of through To : Indian River County (OWNER) ' From : ( CONTRACTOR) Contract : Project: OWNER's Contract No . ' ENGINEER's Contract No , ENGINEER 1 . OriginalContract Price : $ ' 2 . Net change by Change Orders and Written Amendments ( + or -): $ 3 . Current Contract Price ( 1 plus 2): $ 4 . Total Work to date : ' 4. a Percentage of Work completed to date : 4 . b Total Work, completed to date: $ 4 : c Total equipment and material' stored ' to date : t $ ( 1 ) 4 . d Total' Work completed and stored to date : (4 . b plus 4 . c) $ 5. Retainage ( per Agreement) : ' 5, a 10 % of completed Work (0 . 10 x 4 . b ) : 5b 20% of stored equipment and material (0 . 20 x 4 . c) $ 5 : c Total Retainage (5 . a plus 5 . b ) $ 6 Total Work completed and stored to; date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments: $ 8 . AMOUNT `DUE THIS APPLICATION 6 MINUS 7) $ ' ( 1 ) Attach detailed schedule and copies of all paid invoices. ' 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or - ) : $ 3 . Current Contract Price ( 1 plus 2) : $ ' 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ % of stored material : ' Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5 ) : $ 7 . Less previous Application for Payments : $ ' 8 . DUE THIS APPLICATION 6 MINUS 7) : ' 0399-00622 - Contractor's . Application for Payment. doc 00622 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00622 - Contractor's Application for Payment.doc Rev. 05/01 ' CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the ' labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers ' except as listed below; (2 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4 ) If this Periodic Estimate is ' for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and ' Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated ' ( CONTRACTOR ) By : ' State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : ' NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non - payments) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with ' consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial ' Payment ; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE 0399-00622 - Contractors Application for Payment.doc ' 00622 - 2 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00622 - Contractor's Application for Payment.doc Rev. 05/01 ' CERTIFICATION OF ENGINEER / INSPECTOR : I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this ' statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount requested above . Dated ' (ARCHITECT / ENGINEER) SIGNATURE Accompanying Documentation : ' The Remainder of Page Intentional Left Blank 1 t 0399-00622 - Contractor's Application for Payment. doc 00622 - 3 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00622 - Contractor's Application for Payment.doc Rev. 05/01 To : Indian River Countv ( OWNER) From : ( CONTRACTOR ) Contract : Project : Bid Estimated Schedule QuantityPercent Material Amount Completed Quantity Item Unit Price Of ValuesAmount Complete No . y Amount Completed Stored and Stored 1 . 2 , 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 , 14 , 15 . 16 . 17 . 18 . 1911 20 . 21 . 22 . TOTAL AMOUNT [Note : Total Schedule of Values Amount should equal the current Contract Price .] * * END OF SECTION 00622 -4 0399-00622 - Contractor's Application for Payment . doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 120 OWNER : Indian River County CONTRACTOR , Contract : Project : OWNER's Contract No , ENGINEER' s Project No . ' CONTACT FOR : ( Insert Name of Contract as it appears in the Bid Documents ) rThis Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To ' OWNER And To ' CONTRACTOR The Work to which this Certificate applies has been Inspected by authorized representatives of ' OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on ' DATE OF SUBSTANTIAL COMPLETION ' A tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . ' 0399-00630 - Certificate of Substantial Completion .doc 00630 - 1 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00630 - Certificate of substantial Completion.doc Rev. 05/01 t The responsibilities between OWNER and CONTRACTOR for security, operation , safety , maintenance , heat, utilities , insurance and warranties and guarantees shall be as follows : OWNER : 1 1 CONTRACTOR : 1 1 The following documents are attached to and made a part of this Certificate : 1 [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] 1 This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in 1 accordance with the Contract Documents . ' Executed by ENGINEER on : ( Date ) . ENGINEER: 1 By (Authorized Signature ) 1 CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . 1 CONTRACTOR : 1 By. (Authorized Signature ) 1 OWNER accepts this Certificate of Substantial Completion on (date ) . 1 OWNER : INDIAN RIVER COUNTY By: 1 (Authorized Signature ) * " END OF SECTION 1 0399-00630 - Certificate of Substantial Completion . doc ' 00630 - 2 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00630 - Certificate of Substantial Completion.doc Rev. 05/01 t SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK ' (TO ACCOMPANY CONTRACTOR ' S FINAL APPLICATION FOR PAYMENT ) STATE OF ' 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 : NORTH COUNTY REGIONAL PARK , PHASE 2 INDIAN RIVER COUNTY PROJECT #0399 ' UNDER PENALTY OF PERJURY , 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 of all firms and individuals 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 . ' Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . ' 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as ' listed below . ' 00632 — Contractor' s Final Certification of the Work 00632- 1 F :\Engineering\Capital Projects\0399 North County Regional Park , Phase II\0399 Contract Docs\0399-00632 - ' Contractor's Final Certification . doc 5 . The Work is complete and ready for final acceptance by the OWNER . 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . ( Corporate Seal ) ( Contractor) By : 1 Subscribed and sworn to before me this _ day of , 20 ' Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + ' 00632 — Contractor's Final Certification of the Work 00632-2 F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II \0399 Contract Docs\0399-00632 - ' Contractor's Final Certification .doc r SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ' ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) rI CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: rInsert name of CONTRACTOR) OR) rWho is the CONTRACTOR for the following Project: PROJECT NAME : NORTH COUNTY REGIONAL PARK , PHASE 2 ' INDIAN RIVER COUNTY PROJECT # 0399 I FURTHER CERTIFY that 1 have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . ' I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below . 1 r [Attach additional sheets as necessary] ( SURVEYOR' S SEAL ) ' CERTIFIED BY : ' Printed Name : Florida Professional Surveyor and Mapper Registration Number: ' Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : rCompany Address : rTelephone Number: 1 0399-00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work.doc ' 00634 - 1 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contrail Docs\0399-00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work.doc Rev. 06/01 This document has important legal consequences ; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the ' Controlling Law . ' STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ' and ' Issued and Published Jointly By ' [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the ' NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by ' The Associated General [seal] Contractors of America ' Construction Specifications Institute [seal] ' These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A- 1 or 1910-8 - A-2 ) ( 1996 Editions) . Their provisions are interrelated and a change in one may necessitate a change in the other. ' Comments concerning their usage are contained in the EJCDC User ' s Guide (No . 1910-50) . For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No . 1910- 17) ( 1996 Edition) . 1JCDC No . 1910-8 ( 1996 Edition) 00700- 1 Standard General Conditions of the Construction Contract PROJECT ' Copyright C1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 ' American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 ' American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700-2 ' Standard General Conditions of the Construction Contract PROJECT ' TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 . 02 Terminology. . . , , . , , , , , ,, , , " , , . . . . ' too , . . . . . 1 . 0 . . . . . . . . . I . . . 0 . . . . . . . . . I I I I 1 0 1 1 1 1 0 1 1 1 1 6 0 0 1 1 1 1 1 0 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' 2 .03 Commencement of Contract Times; Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 .04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .06 Preconstruction Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 10 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .01 Intent . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 0 , . . . . 0 . . . . . . 0 0 0 0 1 0 . . . . . . . . . . . . 0 . . . . . . . . Oil 3 .02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 . 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 3 .04 Amending and Supplementing Contract Documents . , . . . . 11 . 11 . 1 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1 0 . . . 0 1 0 . . . 0 . 0 0 0 . . . . . . . . 11 3 .05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.01 Availability, of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 .04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 05 Reference Points . . , . , . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 0 . . . . . . . . III * * . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . III . . . I . . . . . . . . . . o . 00 . . . . 0000 14 ' 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 5 - BONDS AND INSURANCE . , . . . . I . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III * . . . . . . . . . . I . . . o . 00 . o . . o . . . . . . . . . . . . . . . . I . . . . . . 16 5 .01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .04 CONTRACTOR 's Liability Insurance. I I I go . 1 . 1 1 1 1 1 . 1 1 1 1 . . . . . . . . I I . . . . 4 . . . . . . . . Igoe . . . . . . . . . . . . . . . . . . . . . 000 . 00e # . . . . . . . . . . . . . 0 . . . 0 . . . . 0 . . . * * * . . . . . . . 16 ' 5 .05 0WNER 's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .07 Waiver of Rights . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ' 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 .09 Acceptance of Bonds and Insurance; Option to Replace , , . , . , . , . . . . . . . . . . . . . . oo * * * O * o . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 19 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES. I . . I . . . . ' to . . . . . . . . . 10000" . . . . . . a . . . . . . . . . . . . . got . , . . . . . . . . . . . . . . . . . . . . . . 0 . . . 19 6.01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .02 Labor; Working Hours . . , . . . 111 . 01 . 11 . . . . . . . . . . . . . . . . . . 06 * 04 . 00o . . 6 . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & . . 00 * * oo . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 0 . . . . 0 . . . . . . . . . . .20 ' 6 .03 Services, Materials, and Equipment , , . , , , , , , . , . , , . . . . . . . . . . . I . . . 00000000 . . . I . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.04 Progress Schedule . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 . 05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 00700-3 Standard General Conditions of the Construction Contract PROJECT 6 .08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 ' 6. 11 Use of Site and Other Areas , , , . . . . . . . . . . 1 . 44 * 60 . * . . . . . . . 8 . 11 , 111 , 1111 , . . . . . . . . . . . . . . . . . . . . . . . . I . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 15 Hazard Communication Programs . . , . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 16 Emergencies . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 17 Shop Drawings and Samples . . " . . . . . . . . . . . . . . . . * * see " , . . . . . . . . . . . . . . I . . " , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6. 19 CONTRACTOR 'S General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ' ARTICLE 7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 7 . 01 Related Work at Site " . , , , . , , . . . . . . . . . . . . 040 # 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .28 ARTICLE 8 to OWNER' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 01 Communications to Contractor, . . . . . . . . . . . . . . 111 . 1 . . . . . . . . . . . . . . . . . . . . " . . " . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 . 05 Lands and Easements; Reports and Tests , . . . . . . 1 . 111111040 # 0 * 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ' 8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 . 11 Evidence of Financial Arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 . 01 OWNER 'S Representative . . . 1 . 11 . . . . . . . . . . . . .6600000 . . . . . . . . . . . . . . . . . . . 000 . 00 . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ' 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 .05 Authorized Variations in Work . . . . , . 9 .06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ' 9. 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 10 to CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ' 10. 01 Authorized Changes in the Work . . . " . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10.02 Unauthorized Changes in the Work . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10. 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10.04 Notification to Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ' 10.05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ' 11 .01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 .02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 .03 Unit Price Work, , . . , . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 00700-4 ' Standard General Conditions of the Construction Contract PROJECT ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 .01 Change of Contract Price 35 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ' 12 .03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12 .04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 rARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ' 13 .01 Notice of Defects. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13 .02 Access to Work . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 04 Uncovering Work . , . .. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so * . . . . . . . . . . . . . 37 ' 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 13 .06 Correction or Removal of Defective Work , . 13 .07 Correction Period. . . , , , . , , , . , . , , . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 13 .08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 13 .09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 .01 Schedule of Values . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 .02 Progress Payments . . . . . , . . . . . . . . . . . . . I . . . I . . . " , see . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14.03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 .04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14. 05 Partial Utilization . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14. 06 Final Inspection . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ' 14 . 07 Final Payment , . , , . , , ,. . , . . , . . . . . . . . . . . . . . . . 0 . 04 . 0 . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14 . 09 Waiver of Claims . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .02 OWNER May Terminate for Cause, , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .03 OWNER May Terminate For Convenience ' . . . , . . . . . , . . . . . . . . . . . . . . . I . . . . I . . . . . 11 . . . . . . * * * a * * , 60 . 04 , 6 * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ' 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ARTICLE16 to DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 16. 01 Methods and Procedures : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ARTICLE 17 to MISCELLANEOUS . . . , , , , . , , , , . , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ' 17 .01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17.03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17.04 Survival of Obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ' 17.05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 00700-5 Standard General Conditions of the Construction Contract PROJECT ' GENERAL CONDITIONS NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY ONDITIONS . IN THESE INSTANCES, THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED ' HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE . REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE . ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ' 9 . Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and 1 . 01 Defined Terms OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the A. Wherever used in the Contract Documents and Contract Times, issued on or after the Effective Date of the printed with initial or all capital letters, the temps listed Agreement. ' below will have the meanings indicated which are applicable to both the singular and plural thereof. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or 1 . Addenda—Written or graphic instruments Contract Times, or both, or other relief with respect to the issued prior to the opening of Bids which clarify, correct, or terms of the Contract. A demand for money or services by a change the Bidding Requirements or the Contract third party is not a Claim Documents . 11 . Contract--The entire and integrated written 2 . Agreement--The written instrument which is agreement between the OWNER and CONTRACTOR evidence of the agreement between OWNER and concerning the Work. The Contract supersedes prior CONTRACTOR covering the Work. negotiations, representations, or agreements, whether ' 3 . Application for Payment—The form written or oral. acceptable to ENGINEER which is to be used by CON- 12 . Contract Documents--The Contract Docu- TRACTOR during the course of the Work in requesting ments establish the rights and obligations of the parties and progress or final payments and which is to be accompanied include the Agreement, Addenda (which pertain to the Con- by such supporting documentation as is required by the tract Documents), CONTRACTOR ' s Bid (including docu- Contract Documents, mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) 4 . Asbestos--Any material that contains more when attached as an exhibit to the Agreement, the Notice to than one percent asbestos and is friable or is releasing Proceed, the Bonds, these General Conditions, the ' asbestos fibers into the air above current action levels Supplementary Conditions, the Specifications and the established by the United States Occupational Safety and Drawings as the same are more specifically identified in the Health Administration. Agreement, together with all Written Amendments, Change ' Orders, Work Change Directives, Field Orders, and 5 . Bid--The offer or proposal of a bidder submit- ENGINEER' s written interpretations and clarifications ted on the prescribed form setting forth the prices for the issued on or after the Effective Date of the Agreement. Work to be performed. Approved Shop Drawings and the reports and drawings of ' subsurface and physical conditions are not Contract 6. Bidding Documents--The Bidding Documents . Only printed or hard copies of the items listed Requirements and the proposed Contract Documents (in- in this paragraph are Contract Documents . Files in cluding all Addenda issued prior to receipt of Bids) . electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are 7. Bidding Requirements--The Advertisement or not Contract Documents . Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 13 . Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 8 . Bonds--Performance and payment bonds and accordance with the Contract Documents as stated in the ' other instruments of security. 00700-6 Standard General Conditions of the Construction Contract PROJECT ' Agreement (subject to the provisions of paragraph 11 . 03 in the Solid Waste Disposal Act (42 USC Section 6903) as the case of Unit Price Work) . amended from time to time. ' 14 . Contract Times--The number of days or the 25 . Laws and Regulations; Laws or Regulations-- dates stated in the Agreement to : (i) achieve Substantial Any and all applicable laws, rules, regulations, ordinances, Completion; and (ii) complete the Work so that it is ready codes, and orders of any and all governmental bodies , ' for final payment as evidenced by ENGINEER' s written agencies, authorities, and courts having jurisdiction. recommendation of final payment. 26 . Liens--Charges, security interests, or 15 . CONTRACTOR--The individual or entity with encumbrances upon Project funds, real property, or personal ' whom OWNER has entered into the Agreement. property. 16 . Cost of the Work--See paragraph I LOLA for 27 . Milestone--A principal event specified in the ' definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the 17. Drawings—That part of the Contract Work. Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the 28 . Notice of Award--The written notice by Work to be performed by CONTRACTOR. Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful bidder with Drawings as so defined. the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, 29 . Notice to Proceed--A written notice given by ' but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. CONTRACTOR shall start to perform the Work under the Contract Documents. 19 . ENGINEER—The individual or entity named as such in the Agreement. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 20. ENGINEER 's Consultant--An individual or the Agreement and for whom the Work is to be performed. entity having a contract with ENGINEER to fixmish services as ENGINEER' s independent professional 31 . Partial Utilization--Use by OWNER of a ' associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for is identified as such in the Supplementary Conditions, which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the Work but 32 . PCBs—Polychlorinated biphenyls . which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum--Petroleum, including crude oil or ' any fraction thereof which is liquid at standard conditions of 22 . General Requirements--Sections of Division temperature and pressure (60 degrees Fahrenheit and 14 . 7 1 of the Specifications . The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, ' to all sections of the Specifications . fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, 34. Project--The total construction of which the ' Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial be the whole, or a part as may be indicated elsewhere in the danger to persons or property exposed thereto in connection Contract Documents. ' with the Work. 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section 1004 of Work. A listing of the contents of the Project Manual, 00700 - 7 ' which may be bound in one or more volumes, is contained 45 . Supplier--A manufacturer, fabricator, suppli- in the table(s) of contents. er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to 36. Radioactive Material--Source, special nucle- firrnish materials or equipment to be incorporated in the ar, or byproduct material as defined by the Atomic Energy Work by CONTRACTOR or any Subcontractor. Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 46 . Underground Facilities--All underground ' pipelines, conduits, ducts, cables, wires, manholes, vaults, 37 . Resident Project Representative--The autho- tanks, tunnels, or other such facilities or attachments, and rized representative of ENGINEER who may be assigned to any encasements containing such facilities , including those the Site or any part thereof that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 38 . Samples--Physical examples of materials, television, water, wastewater, storm water, other liquids or equipment, or workmanship that are representative of some chemicals, or traffic or other control systems . portion of the Work and which establish the standards by which such portion of the Work will be judged. 47 . Unit Price Work--Work to be paid for on the basis of unit prices. t 39 . Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which 48 . Work--The entire completed construction or are specifically prepared or assembled by or for CON- the various separately identifiable parts thereof required to TRACTOR and submitted by CONTRACTOR to illustrate be provided under the Contract Documents . Work includes some portion of the Work. and is the result of performing or providing all labor, services, and documentation necessary to produce such 40. Site--Lands or areas indicated in the Contract construction, and firmishing, installing, and incorporating Documents as being furnished by OWNER upon which the all materials and equipment into such construction, all as Work is to be performed, including rights-of-way and required by the Contract Documents . easements for access thereto, and such other lands furnished by OWNER which are designated for the use of 49 . Work Change Directive--A written statement 1 CONTRACTOR. to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended 41 . Specifications--That part of the Contract by ENGINEER ordering an addition, deletion, or revision ' Documents consisting of written technical descriptions of in the Work, or responding to differing or unforeseen materials, equipment, systems, standards, and workmanship subsurface or physical conditions under which the Work is as applied to the Work and certain administrative details to be performed or to emergencies . A Work Change ' applicable thereto . Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change 42 . Subcontractor--An individual or entity having ordered or documented by a Work Change Directive will be a direct contract with CONTRACTOR or with any other incorporated in a subsequently issued Change Order ' Subcontractor for the performance of a part of the Work at following negotiations by the parties as to its effect, if any, the Site. on the Contract Price or Contract Times . 43 . Substantial Completion--The time at which 50. Written Amendment--A written statement the Work (or a specified part thereof) has progressed to the modifying the Contract Documents, signed by OWNER and point where, in the opinion of ENGINEER, the Work (or a CONTRACTOR on or after the Effective Date of the specified part thereof) is sufficiently complete, in Agreement and normally dealing with the nonengineering or ' accordance with the Contract Documents, so that the Work nontechnical rather than strictly construction-related aspects (or a specified part thereof) can be utilized for the purposes of the Contract Documents . for which it is intended. The terms "substantially complete" ' and "substantially completed" as applied to all or part of the 1 . 02 Terminology Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives ' 44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these 1 . Whenever in the Contract Documents the General Conditions . terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," 00700 - 8 "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe Paragraph DA has been deleted in its entirety. an action or determination of ENGINEER as to the 4 . VAen "fiirpiskinstell," ` eFfe " or- "pre Work, it is intended that such action or determination vide" is net used in—eemeetion v4tki will be solely to evaluate, in general, the completed materials, or- equipment in a eentem elea4y Work for compliance with the requirements of and an obligatien of G 1}+9:R '€QPL, "previde" is ' information in the Contract Documents and confor- mance with the design concept of the completed Project as a functioning whole as shown or indicated in the E. Unless stated otherwise in the Contract Docu- Contract Documents (unless there is a specific statement ments, words or phrases which have a well-known technical ' indicating otherwise). The use of any such term or or construction industry or trade meaning are used in the adjective shall not be effective to assign to ENGINEER Contract Documents in accordance with such recognized any duty or authority to supervise or direct the meaning. performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. 10 or any other provision of the Contract ARTICLE 2 - PRELIMINARY MATTERS t Documents. B . Day 2 . 01 Delivery of Bonds ' 1 . The word "day" shall constitute a A. When CONTRACTOR delivers the executed calendar day of 24 hours measured from midnight to Agreements to OWNER, CONTRACTOR shall also deliver the next midnight. to OWNER such Bonds as CONTRACTOR may be ' required to furnish. C. Defective 2 . 02 Copies of Documents 1 . The word "defective," when modifying the word "Work," refers to Work that is A. OWNER shall furnish to CONTRACTOR up to unsatisfactory, faulty, or deficient in that it does not ten copies of the Contract Documents. Additional copies conform to the Contract Documents or does not will be furnished upon request at the cost of reproduction. ' meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract 2 . 03 Commencement of Contract Times; Notice to Documents, or has been damaged prior to Proceed ENGINEER' s recommendation of final payment A. The Contract Times will commence to run on the D . Furnish, Install, Perform, Provide 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 ' connection with services, materials, or equip nt, any time within 30 days after the Effective Date of the shall mean to supply and deliver said ices, Agreement. In no event will the Contract Times commence materials, or equipment to the Site (or me other to run later than the sixtieth day after the day of Bid opening ' specified location) ready for use or ' llation and or the thirtieth day after the Effective Date of the in usable or operable condition. I Agreement, whichever date is earlier. ' 2 . The word "install ' when used in connec- 2 . 04 Starting the Work tion with services, mat is, or equipment, shall mean to put into use place in final position said A. CONTRACTOR shall start to perform the Work services, material or equipment complete and on the date when the Contract Times commence to run. No ' ready for inten use. Work shall be done at the Site prior to the date on which the Contract Times commence to run. 3 , a words "perform" or "provide," when ' used connection with services, materials, or eq ' ment, shall mean to fiunish and install said fer iirte" Ied use, 00700 - 9 t ' 2 . 05 Before Starting Construction Paragraph 2 .06.A has been deleted and replaced with a A. CONTRACTOR 's Review of Contract Documents: new paragraph. See the Supplementary Conditions. ' Before undertaking each part of the Work, 2 . 06 Preconstruction Conference CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures A. Within 20 days i #o-- the r xtract Taco-s.am— v therein and all applicable field measurements, ran, bu4 before e • \eEk •• t the Site ♦ .+ d eanfer-enee Y411' VLL\ Ml LLLV LT1GV • I CONTRACTOR shall promptly report in writing to attended by CONTRACTGG� ELNGDMEPL, and others-as ENGINEER any conflict, error, ambiguity, or discrepancy appropriate will—be held -to establish a wax which CONTRACTOR may discover and shall obtain a understanding a mengtthe-parties as to the Work and to t written interpretation or clarification from ENGINEER diseuss the sehedules referred to graph 205 .B-, before proceeding with any Work affected thereby; pFeeedufes for- handliRg-Shap Dr-awings and ath however, CONTRACTOR shall not be liable to OWNER submittals, processing mer Payment, and ' or ENGINEER for failure to report any conflict, error, . ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known 2 . 07 Initial Acceptance of Schedules thereof. ' A. Unless otherwise provided in the Contract Docu- B . Preliminary Schedules: Within ten days after the ments, at least ten days before submission of the first Effective Date of the Agreement (unless otherwise specified Application for Payment a conference attended by CON- in the General Requirements), CONTRACTOR shall TRACTOR, ENGINEER, and others as appropriate will be submit to ENGINEER for its timely review: held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with 1 . a preliminary progress schedule indicat- paragraph 2 . 05 .B . CONTRACTOR shall have an ' ing the times (numbers of days or dates) for starting additional ten days to make corrections and adjustments and and completing the various stages of the Work, to complete and resubmit the schedules. No progress including any Milestones specified in the Contract payment shall be made to CONTRACTOR until acceptable ' Documents; schedules are submitted to ENGINEER. 2 . a preliminary schedule of Shop Drawing 1 . The progress schedule will be acceptable and Sample submittals which will list each required to ENGINEER if it provides an orderly progression ' submittal and the times for submitting, reviewing, of the Work to completion within any specified and processing such submittal; and Milestones and the Contract Times . Such accep- tance will not impose on ENGINEER responsibility ' 3 . a preliminary schedule of values for all of for the progress schedule, for sequencing, schedul- the Work which includes quantities and prices of ing, or progress of the Work nor interfere with or items which when added together equal the Contract relieve CONTRACTOR from CONTRACTOR' s ' Price and subdivides the Work into component parts full responsibility therefor. in sufficient detail to serve as the basis for progress payments during performance of the Work. Such 2 . CONTRACTOR' s schedule of Shop prices will include an appropriate amount of Drawing and Sample submittals will be acceptable ' overhead and profit applicable to each item of to ENGINEER if it provides a workable Work. arrangement for reviewing and processing the required submittals . ' Paragraph 2 .05.0 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 3 . CONTRACTOR's schedule of values G . Aidienee of hisumnee: Befere-any Work at the will be acceptable to ENGINEER as to form and Site is staAed , G0*T%R2RAGT0R and OVRn ,✓v shall eae substance if it provides a reasonable allocation of the ' deliver- to he tithe. •:.t!' ee ies to sash additional insum� Contract Price to component parts of the Work. , • VVil1VJ-L ide«.tifed in the_ Cuppleme«ter• • Conditions, ee•+ifieetes eF insuFanee (and .,then eyideme ..f insu fe.•ee •• l.iel. either ..f ' them er any additional su fed may reasenabl. • request) whish GOTA RAG;FOP .r-a ER rzespeetively—aro regt4ed tepureb.ase and ma44aht ire--aEEerA.M.Ee A .+iele 5 . ' 00700 - 10 1 t responsibility inconsistent with the provisions of the Contract Documents, ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, ' AMENDING, REUSE 3 . 03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 3 . 01 Intent 1 . If, during the performance of the Work, A. The Contract Documents are complementary; CONTRACTOR discovers any conflict, error, ambi what is called for by one is as binding as if called for by all. guity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the B . It is the intent of the Contract Documents to performance of the Work or of any standard, ' describe a functionally complete Project (or part thereof) to specification, manual or code, or of any instruction be constructed in accordance with the Contract Documents. of any Supplier, CONTRACTOR shall report it to Any labor, documentation, services, materials, or equip- ENGINEER in writing at once. CONTRACTOR ment that may reasonably be inferred from the Contract shall not proceed with the Work affected thereby Documents or from prevailing custom or trade usage as (except in an emergency as required by paragraph being required to produce the intended result will be 6 . 16 .A) until an amendment or supplement to the provided whether or not specifically called for at no Contract Documents has been issued by one of the additional cost to OWNER. methods indicated in paragraph 3 . 04 ; provided, however, that CONTRACTOR shall not be liable to C. Clarifications and interpretations of the Contract OWNER or ENGINEER for failure to report any Documents shall be issued by ENGINEER as provided in such conflict, error, ambiguity, or discrepancy unless ' Article 9. CONTRACTOR knew or reasonably should have known thereof. 3 .02 Reference Standards ' B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents, the provisions of ' 1 . Reference to standards, specifications, the Contract Documents shall take precedence in manuals, or codes of any technical society, organiza- resolving any conflict, error, ambiguity, or tion, or association, or to Laws or Regulations, discrepancy between the provisions of the Contract ' whether such reference be specific or by implication, Documents and: shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of a. the provisions of any standard, ' opening of Bids (or on the Effective Date of the specification, manual, code, or instruction Agreement if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract reference in the Contract Documents) ; or Documents. ' b. the provisions of any Laws or 2 . No provision of any such standard, Regulations applicable to the performance of the specification, manual or code, or any instruction of a Work (unless such an interpretation of the provi- Supplier shall be effective to change the duties or sions of the Contract Documents would result in ' responsibilities of OWNER, CONTRACTOR, or violation of such Law or Regulation) . ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in 3 . 04 Amending and Supplementing Contract the Contract Documents, nor shall any such Documents provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the Work authority to supervise or direct the performance of or to modify the terms and conditions thereof in one or the Work or any duty or authority to undertake more of the following ways : (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive . 00700 - 11 ' B . Upon reasonable written request, OWNER shall B . The requirements of the Contract Documents may furnish CONTRACTOR with a current statement of record be supplemented, and minor variations and deviations in the legal title and legal description of the lands upon which the ' Work may be authorized, by one or more of the following Work is to be performed and OWNER' s interest therein as ways : (i) a Field Order; (ii) ENGINEER' s approval of a necessary for giving notice of or filing a mechanic's or Shop Drawing or Sample; or (iii) ENGINEER' s written construction lien against such lands in accordance with ' interpretation or clarification. applicable Laws and Regulations . 3 . 05 Reuse of Documents C . CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary ' A. CONTRACTOR and any Subcontractor or construction facilities or storage of materials and equip- Supplier or other individual or entity performing or ment. furnishing any of the Work under a direct or indirect ' contract with OWNER: (i) shall not have or acquire any title 4 . 02 Subsurface and Physical Conditions to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any A. Reports and Drawings: The Supplementary thereof) prepared by or bearing the seal of ENGINEER or Conditions identify: ' ENGINEER' s Consultant, including electronic media editions ; and (ii) shall not reuse any of such Drawings, 1 . those reports of explorations and tests of Specifications, other documents, or copies thereof on subsurface conditions at or contiguous to the Site ' extensions of the Project or any other project without that ENGINEER has used in preparing the Contract written consent of OWNER and ENGINEER and specific Documents; and written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and 2 , those drawings of physical conditions in ' acceptance of the Work, or termination or completion of the or relating to existing surface or subsurface struc- Contract. Nothing herein shall preclude CONTRACTOR tures at or contiguous to the Site (except from retaining copies of the Contract Documents for record Underground Facilities) that ENGINEER has used ' purposes, in preparing the Contract Documents . A new Section, 3.06 — "Coordination of Plans, B . Limited Reliance by CONTRACTOR on Technical Specifications, and Special Provisions" has been added. Data Authorized: CONTRACTOR may rely upon the ' See the Supplementary Conditions. general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not ARTICLE 4 - AVAILABILITY OF LANDS ; Contract Documents . Such "technical data" is identified in SUBSURFACE AND PHYSICAL CONDITIONS ; the Supplementary Conditions. Except for such reliance on REFERENCE POINTS such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any ' of ENGINEER' s Consultants with respect to : 4 .01 Availability of Lands 1 , the completeness of such reports and A. OWNER shall furnish the Site. OWNER shall drawings for CONTRACTOR' s purposes, including, ' notify CONTRACTOR of any encumbrances or restrictions but not limited to, any aspects of the means, not of general application but specifically related to use of methods, techniques, sequences, and procedures of the Site with which CONTRACTOR must comply in construction to be employed by CONTRACTOR, ' performing the Work. OWNER will obtain in a timely and safety precautions and programs incident manner and pay for easements for permanent structures or thereto ; or permanent changes in existing facilities . If CON- TRACTOR and OWNER are unable to agree on entitle- 2 . other data, interpretations, opinions, and ' ment to or on the amount or extent, if any, of any adjust- information contained in such reports or shown or ment in the Contract Price or Contract Times, or both, as a indicated in such drawings ; or result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in 3 . any CONTRACTOR interpretation of or paragraph 10.05 . conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. ' 00700 - 12 t a. such condition must meet any one or New Paragraphs 4 .02 .0 and 4 .02 .1) have been added . more of the categories described in paragraph See the Supplementary Conditions. 4 . 03 . A ; and ' 4 . 03 Differing Subsurface or Physical Conditions b . with respect to Work that is paid for on a Unit Price Basis , any adjustment in Contract A . Notice: If CONTRACTOR believes that any Price will be subject to the provisions of para- subsurface or physical condition at or contiguous to the Site graphs 9 . 08 and 11 . 03 . that is uncovered or revealed either: 2 . CONTRACTOR shall not be entitled to ' 1 . is of such a nature as to establish that any any adjustment in the Contract Price or Contract "technical data" on which CONTRACTOR is Times if: entitled to rely as provided in paragraph 4 . 02 is ' materially inaccurate ; or a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR 2 . is of such a nature as to require a change made a final commitment to OWNER in respect in the Contract Documents ; or of Contract Price and Contract Times by . the submission of a Bid or becoming bound under a 3 . differs materially from that shown or negotiated contract; or indicated in the Contract Documents ; or b . the existence of such condition could 4 . is of an unusual nature , and differs reasonably have been discovered or revealed as a materially from conditions ordinarily encountered result of any examination, investigation, explo- and generally recognized as inherent in work of the ration, test, or study of the Site and contiguous ' character provided for in the Contract Documents ; areas required by the Bidding Requirements or Contract Documents to be conducted by or for then CONTRACTOR shall, promptly after becoming aware CONTRACTOR prior to CONTRACTOR's ' thereof and before further disturbing the subsurface or making such final commitment; or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph c . CONTRACTOR failed to give the 6 . 16 .A), notify OWNER and ENGINEER in writing about written notice within the time and as required by ' such condition. CONTRACTOR shall not further disturb paragraph 4 . 03 .A . such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order Part of the second sentence of Paragraph 4 .03 .C .3 has ' to do so . been deleted . 3 . If OWNER and CONTRACTOR are B . ENGINEER 's Review: After receipt of written unable to agree on entitlement to or on the amount ' notice as required by paragraph 4 . 03 . A, ENGINEER will or extent, if any, of any adjustment in the Contract promptly review the pertinent condition, determine the Price or Contract Times, or both, a Claim may be necessity of OWNER's obtaining additional exploration or made therefor as provided in paragraph 10 . 05 . tests with respect thereto, and advise OWNER in writing However, OWNER, ENGINEER, and t (with a copy to CONTRACTOR) of ENGINEER' s findings ENGINEER ' s Consultants shall not be liable to and conclusions . CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and ' C. Possible Price and Times Adjustments charges of engineers , architects , attorneys, and other professionals and all court or ^Fahr.,.^. of 1 . The Contract Price or the Contract dispute resolution costs) sustained by Times , or both, will be equitably adjusted to the CONTRACTOR on or in connection with any other ' extent that the existence of such differing subsurface project or anticipated project. or physical condition causes an increase or decrease in CONTRACTOR ' s cost of, or time required for, 4 . 04 Underground Facilities ' performance of the Work; subject, however, to the following : A. 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 00700 - 13 ' Site is based on information and data furnished to OWNER attributable to the existence or location of any or ENGINEER by the owners of such Underground Facili- Underground Facility that was not shown or ties, including OWNER, or by others. Unless it is otherwise indicated or not shown or indicated with reasonable expressly provided in the Supplementary Conditions : accuracy in the Contract Documents and that CONTRACTOR did not know of and could not 1 . OWNER and ENGINEER shall not be reasonably have been expected to be aware of or to ' responsible for the accuracy or completeness of any have anticipated. If OWNER and CONTRACTOR such information or data; and are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in ' 2 . the cost of all of the following will be Contract Price or Contract Times, OWNER or included in the Contract Price, and CONTRACTOR CONTRACTOR may make a Claim therefor as shall have full responsibility for: provided in paragraph 10. 05 . ' a. reviewing and checking all such informa- 4 . 05 Reference Points tion and data, A. OWNER shall provide engineering surveys to b . locating all Underground Facilities establish reference points for construction which in shown or indicated in the Contract Documents, ENGINEER' s judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR c. coordination of the Work with the shall be responsible for laying out the Work, shall protect ' owners of such Underground Facilities, and preserve the established reference points and property including OWNER, during construction, and monuments, and shall make no changes or relocations without the prior written approval of OWNER. d. the safety and protection of all such CONTRACTOR shall report to ENGINEER whenever any Underground Facilities and repairing any reference point or property monument is lost or destroyed or damage thereto resulting from the Work. requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate ' B . Not Shown or Indicated replacement or relocation of such reference points or property monuments by professionally qualified personnel. 1 . If an Underground Facility is uncovered or revealed at or contiguous to the Site which was 4 . 06 Hazardous Environmental Condition at Site not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract A. Reports and Drawings: Reference is made to the Documents, CONTRACTOR shall, promptly after Supplementary Conditions for the identification of those becoming aware thereof and before further reports and drawings relating to a Hazardous Environmental disturbing conditions affected thereby or performing Condition identified at the Site, if any, that have been any Work in connection therewith (except in an utilized by the ENGINEER in the preparation of the emergency as required by paragraph 6 . 16.A), Contract Documents. identify the owner of such Underground Facility and give written notice to that owner and to OWNER B . Limited Reliance by CONTRACTOR on Technical ' and ENGINEER. ENGINEER will promptly review Data Authorized: CONTRACTOR may rely upon the the Underground Facility and determine the extent, general accuracy of the "technical data" contained in such if any, to which a change is required in the Contract reports and drawings, but such reports and drawings are not Documents to reflect and - document the Contract Documents . Such "technical data" is identified in ' consequences of the existence or location of the the Supplementary Conditions. Except for such reliance on Underground Facility. During such time, such "technical data," CONTRACTOR may not rely upon CONTRACTOR shall be responsible for the safety or make any Claim against OWNER, ENGINEER or any of ' and protection of such Underground Facility. ENGINEER' s Consultants with respect to : 2 . If ENGINEER concludes that a change in 1 . the completeness of such reports and the Contract Documents is required, a Work Change drawings for CONTRACTOR's purposes, including, Directive or a Change Order will be issued to reflect but not limited to, any aspects of the means, and document such consequences. An equitable methods, techniques, sequences and procedures of adjustment shall be made in the Contract Price or construction to be employed by CONTRACTOR Contract Times, or both, to the extent that they are 00700 - 14 ' and safety precautions and programs incident OWNER may order the portion of the Work that is in the thereto ; or area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to 1 2 . other data, interpretations, opinions and entitlement to or on the amount or extent, if any, of an information contained in such reports or shown or adjustment in Contract Price or Contract Times as a result indicated in such drawings ; or of deleting such portion of the Work, then either party may ' make a Claim therefor as provided in paragraph 10. 05 . 3 . any CONTRACTOR interpretation of or OWNER may have such deleted portion of the Work conclusion drawn from any "technical data" or any performed by OWNER' s own forces or others in accor- such other data, interpretations, opinions or dance with Article 7 . ' information. Paragraph 4.06.G has been deleted in its entirety. C. CONTRACTOR shall not be responsible for any G. Te the fullest eitent peffak4ed by-Laws—and ' Hazardous Environmental Condition uncovered or revealed Regula4iers, at the Site which was not shown or indicated in Drawings or G6INTRAGTQR; Subeenttaeters, >iNQwEEE'S Specifications or identified in the Contract Documents to be ENoth`EER' s Consultants and the e€fieers, direeters, within the scope of the Work. CONTRACTOR shall be parttters, employees, agents, ether eensultants —ind responsible for a Hazardous Environmental Condition subeeatFaetef-s of eaeh and any of thein fiem and against created with any materials brought to the Site by CON- elaiins, eests, losses, TRACTOR, Subcontractors, Suppliers, or anyone else for te-all fees and-c-lar-ges -of engineers, ar-ehiteets,attemeyr ' whom CONTRACTOR is responsible . rain tAe l tion ts) F l ti 4 »...1. »... :c'oezcirroireoSwT-aFzvmOcrvr-vfrcmrngm—a D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone Hazardous llm4enmenta! Gendiden! (i) was not shwAqi of for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such the `x'er'- and (io � ted by COT r ry ^ GTO ly Kual \xxTvr�isTFxvc-crcaccvv�a.� condition; (ii) stop all Work in connection with such by-anyone for- whom-CQP.91 ^AGT-ORsr-espcnsih condition and in any area affected thereby (except in an Nething-in this paragFaph-4.06.E shall ebligate03AWER to emergency as required by paragraph 6. 16) ; and (iii) notify indemnify any •^ &ridualor- erti.y from a against the OWNER and ENGINEER (and promptly thereafter confirm eensequenees of that individual ' sor- entity' s own egg such notice in writing) . OWNER shall promptly consult gene with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take Paragraph 4.06.H has been deleted in its entirety. corrective action, if any. H. To the €idlest emet# peardtted-by Lav6 and Regulntien GQT�PTU GTOR shall indenmify and hold E. CONTRACTOR shall not be required to resume hmliless OIAZ�h1l P , ENQIP 1MER, EdalGl'�s Gensal- Work in connection with such condition or in any affected tants, and the e€€=sers, directors, aers, employees, area until after OWNER has obtained any required permits agents, otherc ltarr�s,a a=-siheen#ac#Ar-.g reac -and related thereto and delivered to CONTRACTOR written any of them fiem and against all elakns est loser n notice: (i) specifying that such condition and any affected damages (ineluding but not 14m 4ed to all fees and eh .._ges e f 4411 ' area is or has been rendered safe for the resumption of engineers, elikeets, att and other professionals and vu lala.4.lu Kl Work; or (ii) specifying any special conditions under which all VVK[tu4 ^ a-bitF do ethe.. diSpUte el. ,tion ^ ants` Kll such Work may be resumed safely. If OWNER and Kl SingVK4 VS OFela ng to Hazard ,.. Elprir-o .notal Of ' CONTRACTOR cannot agree as to entitlement to or on the Gandi fie^ er-eated by G09 n ^ GTnv , by anyone f .. amount or extent, if anof an adjustment in Contract Price whom G01h1TRAG responsible . «h :., , the Y' Y J T61It�s�spon�—lqo�-;n-�s or Contract Times, or both, as a result of such Work stop- paragraph 4 . 06.F shall ebligate GOINT ^ CTnn to page or such special conditions under which Work is agreed indeomify any iffi-d-iAridual oF en* from and against the to be resumed by CONTRACTOR, either party may make a e;:cequemec of that :.. ,a.. .: du l ' ser- a fffit .' sevvn eg V µ1K4 11141Y14 Claim therefor as provided in paragraph 10.05 . genu ' F. If after receipt of such written notice I. The provisions of paragraphs 4. 02, 4 . 03 , and 4 . 04 CONTRACTOR does not agree to resume such Work are not intended to apply to a Hazardous Environmental based on a reasonable belief it is unsafe, or does not agree Condition uncovered or revealed at the Site. to resume such Work under such special conditions, then ' 00700 - 15 5 .03 Certificates of Insurance ARTICLE 5 - BONDS AND INSURANCE The second sentence of Paragraph 5 .03 .A has been ' deleted in its entirety. 5 .01 Performance, Payment, and Other Bonds A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- Paragraph 5.01 .A has been deleted and replaced with a mentary Conditions, certificates of insurance (and other new paragraph. See the Supplementary Conditions. evidence of insurance requested by OWNER or any other A.0119 ".CTOD shall fiu:r s h��ee and additional insured) which CONTRACTOR is required to payment Bonds, e w .,t at least equal to the purchase and maintain. O-W#BR shall deliver to µ 111V 11G Bonds, YµVl as seeuFit, . r F the f idif ,i pee f ..,ianee ^ .a GQ�4 n GTOy4ti. e . eaeh additional a Vaau MVl a a1V V Y µ11.,' 1V1 LL1VZ vl \ 11V =V 1 Vl\, •11 LL1 VV1.l1V ^ 5gne„r _ of all rnT%Rq?cAG QR' s ,.blig^tions under- two ienff Vu in the Supple1eRtL1 Conditions, rt: f t Centraet Deewnents . These Bends shall-ren in efeet-at Lgsuranee (and � other- eviderwe of u ste least until one-dear after the date when final payme .t CONTRACTOR ether additional • insured) ti h VYV^1VJ VµQ, QV^^pL TOR shall also ffiMmMiSshf Sueh ether. Bends as are r-equked b 5 .04 CONTRACTOR 's Liability Insurance ' A. CONTRACTOR shall purchase and maintain such Paragraph 5.01 .13 has been deleted and replaced with a liability and other insurance as is appropriate for the Work new paragraph. See the Supplementary Conditions. being performed and as will provide protection from claims B . All Bends shall be :n the fefm p-^sued by-the set forth below which may arise out of or result from CONTRACTOR' s performance of the Work and of Regul tiens n'' shall be a ou4ed by s e sureties ^ CONTRACTOR' s other obligations under the Contract V1 L<Y r.,LA1LLL1V1lJ, L1111 named in the eurrent-list of "r^mpanue^ Helding Geftifi Documents, whether it is to be performed by eates of n „t eFity as eeept^ale e.._et:e^ o Feder-a! Bends CONTRACTOR, any Subcontractor or Supplier, or by ” as published anyone directly or indirectly employed by any of them to Cireular370 (amended) b perform any of the Work, or by anyone for whose acts any Serviee, SuEety Bend BraneI4 U. S Depaftnent- of-dhW of them may be liable : 4'reastur . All Bends signed by an agent- must-be nein ^ ^P,' ifie ' 1 . claims un acro===r uYLL Yy.tiY of e ^ ..t "thefit" t" der workers ' compensation, aet: disability benefits, and other similar employee benefit acts ; C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its 2 . claims for damages because of bodily right to do business is terminated in any state where any part injury, occupational sickness or disease, or death of of the Project is located or it ceases to meet the CONTRACTOR' s employees ; ' requirements of paragraph 5 .01 .13, CONTRACTOR shall within 20 days thereafter substitute another Bond and 3 . claims for damages because of bodily surety, both of which shall comply with the requirements of injury, sickness or disease, or death of any person paragraphs 5 .0l .B and 5 .02 , other than CONTRACTOR' s employees ; ' 5 . 02 Licensed Sureties and Insurers 4 . claims for damages insured by reasonably available personal injury liability ' A. All Bonds and insurance required by the Contract coverage which are sustained: (i) by any person as a Documents to be purchased and maintained by OWNER or result of an offense directly or indirectly related to CONTRACTOR shall be obtained from surety or insurance the employment of such person by CONTRACTOR, companies that are duly licensed or authorized in the or (ii) by any other person for any other reason; ' jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. 5 , claims for damages, other than to the Such surety and insurance companies shall also meet such Work itself, because of injury to or destruction of ' additional requirements and qualifications as may be tangible property wherever located, including loss of provided in the Supplementary Conditions . use resulting therefrom; and 00700 - 16 6 . claims for damages because of bodily years after final payment (and CONTRACTOR shall injury or death of any person or property damage furnish OWNER and each other additional insured arising out of the ownership, maintenance or use of identified in the Supplementary Conditions, to ' any motor vehicle . whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such B . The policies of insurance so required by this additional insured of continuation of such insurance ' paragraph 5 . 04 to be purchased and maintained shall: at final payment and one year thereafter) . 1 . with respect to insurance required by New Paragraphs 5.04.C, D, and E have been added . See paragraphs 5 . 04.A. 3 through 5 .04 .A. 6 inclusive, the Supplementary Conditions. include as additional insureds (subject to any customary exclusion in respect of professional Section 5.05 has been deleted in its entirety. liability) OWNER, ENGINEER, ENGINEER's 3 . 05 E OWER !s Liabdhi ,' Insumnee ' Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of A. In addition to the insuranee re-guired to be whom shall be listed as additional insureds, and ea by GO rn GTOxunder paragraph 5 . 04 , 0ALNEnn� « as include coverage for the respective officers, 9V94ER' s eptier-4 may pure rase and ;certain at ' directors, partners, employees, agents, and other E)V4M 's expense r,WNE ' s e.. n liability insurance as. consultants and subcontractors of each and any of all vx414 p:e«.eet 03ATkLD against elairn^ v�4ieh -- arise fre such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 5 . 06 Property Insurance 2 . include at least the specific coverages and Paragraphs 5.06.A, B, and C have been deleted and be written for not less than the limits of liability replaced with new paragraphs. See the Supplementary provided in the Supplementary Conditions or Conditions. required by Laws or Regulations, whichever is A. Unless ether.:4seprevided in the Supplement�y ' greater; Genditie , the Work at dhe Site tl, e aRIOURt e f the ua.auauaaai�s� 3 . include completed operations insurance; iv aacas ,n � .... vee.,t oest thereof (. ubjeet to h a , . a ^t a ameunts as maybe -pr 4ded- in - he Supplementary 4 . include contractual liability insurance Cenditiens-er required by Laws and Regulations) . This covering CONTRACTOR' s indemnity obligations insuranee shalb under paragraphs 6.07, 6 . 11 , and 6.20; 5 , contain a provision or endorsement that TRACTOR; Subeentraeters, ENGINEER; the coverage afforded will not be canceled, materi- ENC ER' s Gensultants, and any other ally changed or renewal refused until at least thirty individuals or entities identified in the days prior written notice has been given to OWNER Supplementary Conditions, and the officers, and CONTRACTOR and to each other additional direeters, par tners , empleyees,-agents, and ether insured identified in the Supplementary Conditions eensuitants and subeentFaetors of eaeh and any of to whom a certificate of insurance has been issued then% eaeh of3A�m is deemed to have an insurable. (and the certificates of insurance furnished by the , CONTRACTOR pursuant to paragraph 5 .03 will so ' provide) ; 2 . be-"tten en a Buildef' sRisk "all rislE" VtlYll ie or a peril er eia eauses of less pahey f Yl 6. remain in effect at least until final thuaul at shat at least include : e c_ phys: ,.^ , loss Jl payment and at all times thereafter when CON- g uuaa er a ^ -nae to the Werk, terne_^ny buildings, false Va , p ' TRACTOR may be correcting, removing, or replac- work nr ^ teri ^ ^ ande . ....,e.,t in transit,.. Vat\, a^ , „ i , an ing defective Work in accordance with paragraph shall instwe against at , east the f n ,... .:., .. .. rill e 13 .07; and eauses of less : fife, extended eeverage, theft-, vandalism and maheieu6 raisehief-, earthquake, 7. with respect to completed operations eellapse, debris mraeval, demolition eceasioned b) insurance, and any insurance coverage written on aeafereement of Laws and n vein .tiens, water am claims-made basis, remain in effect for at least two age, and ^ •eh edi,e. . rill or e e f less as M V all ' 00700 - 17 • / • • " • • • • - - - A I • . ' 1 � 1 1 ' 1 ' 1 1 1 1 1 1 1 1 1 1 1 g3wilvalklm Vallo w pill t _ • . /. t _ A, Woo AN • _ _ _ _ t. 1 _ _ • _ _ • . /. t _ • . YY• • •No . I. 1 _ t � t . • 10 . I. 1 _ 1 • . YY • • • _ . t. 1 _ _ • - • . I. 1 _ • • . I at BRAMAW Vail t _ _ • 1. t _ _ • _ . 1. t _ _ • • . /. 1 _ NMI It A All • • . I. t _ • • YY • •I • • _ . It 1 _ _ • _ S _ _ _ _ IL t _ _ • . 1. t _ • • . Y • • • It Pi ArArm.2 IA ill Oil a a 9IF- I • At t _ _ • •. 1 _ _ • . /. 1 _ • • . YY • V • 2 MI"WEEPARM.M. .0 19 it _ t - i 1. 1 _ • . I. _ • a 10 am Ed Ed Ed _ Me — 1 � 1 11=1 M 1 da • . h 1 _ • 1 • EL a a MW Ed me • • _ in WE ov da a . Ed WE 2101 Ile• _ _ _ • . I. 1 _ • 1 da • 1 — 1 • . I. 1 _ • • Y� • • 1 • • • line Ed a a • . L 1 _ • • Ed am =Mae 0 VIP will see do W. add, Ed in A Page low or a me V,jF11 .0 A aid red • 1. 1 _ _ • _ \• 1 _ DO A Ed a •1 . • da da adds Ed 1 • • • • I / I I / • I • I / ' qWNT.AlKill _ de • . I. 1 _ • • an _ • • • • — WL • . I. 1 _ • — — • • • 1 • • • • • • • • IF • • I• • • • • • • ' • • . • / _ 1 • • 1 • • • • . 1 . • • " • • . 1. 1 _ • _ _ LA1 . 11- ,mi,all • • we • • • • _ • • & amqA • . J • • • ' • • _ • • ' • • JMEEI amwi' lleal am A al Ed • 1 1 • " 1 • • • 1 1 _ • • • • • • a 11 awn Pose,mm . , EL in in • • • " 1 • • ' " • • • ' " • • • . L 1 _ attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with B . All materials and equipment incorporated into the the Contract Documents. CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of 1 responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the and procedures of construction, but CONTRACTOR shall Contract Documents. All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER. If required by ENGINEER, means, method, technique, sequence, or procedure of CONTRACTOR shall f m-iish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents . CONTRACTOR and quality of materials and equipment. All materials and ' shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B . At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- CONTRACTOR shall assign a competent resident superin- ments, tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6. 04 Progress Schedule extraordinary circumstances. The superintendent will be CONTRACTOR' s representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. tendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGI- 6 . 02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 .07) proposed adjustments in the prog A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents. CON- will conform generally to the progress schedule then TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site, provisions of the General Requirements applicable thereto. B . Except as otherwise required for the safety or protection of persons or the Work or property at the Site or 2. Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with performed during regular working hours, and CON- the requirements of Article 12 . Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written performance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12 . holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. ' New Paragraphs 6.02.B.1 , 2, 3, 4, 5 and 6 have been added. See the Supplementary Conditions. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, 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 performance, testing, start-up, and completion of the Work. 00700 - 20 ' 6.05 Substitutes and "Or-Equals " b . CONTRACTOR shall submit sufficient Paragraph 6.05.A has been deleted and replaced with a information as provided below to allow ENGI- ' new paragraph. See the Supplementary Conditions. NEER to determine that the item of material or A . Whene:'e: a1 item of water-i ' equipment proposed is essentially equivalent to VL 1llµLY that named and an acceptable substitute therefor. Requests for review of proposed substitute items Supplier, the speeifiEatiei} or- deser-iptio;ns- intended of material or equipment will not be accepted by establish type, €imetien; appearanee, and quality ENGINEER from anyone other than CON- TRACTOR. ' is 1'ellewed by-werds-reading that no 'o , , equivalter "or equal" ''.em ^ substitution ' ie,""''µ"a, other- '+ c . The procedure for review by ENGI- NV substitution 1T e f mate " ^ ' "_ " ui .. t " ate aler- e ..+ of eche NEER will be as set forth in paragraph Vl 111LL4Vl lµ1 VL YLiµlil111V1 Suppliers maybe submitted to E'`TGP1 EE f 6 .05 .A.2 .d, as supplemented in the General ' cv cr.arrrc�n—xvr—rte.-.cv. Requirements and as ENGINEER may decide is appropriate under the circumstances. 1 . "Or-Equal " Items: If in ENGINEER's ' sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately item may, in ENGINEER' s sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items . For the purposes of this paragraph that specified. The application will state the ' 6.05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered fiinctionally equal to an item so substitute item will prejudice CONTRACTOR' s named if: achievement of Substantial Completion on time, ' whether or not use of the proposed substitute Sentence 6.05.A.1 .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work ' a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute ' and design characteristics ; (ii) it 3A411 reliably item in connection with the Work is subject to pe4errn at least equally—well—thee payment of any license fee or royalty. All 11=1y ied by the de "+ "` `' e " .f...' ete variations of the proposed substitute item from ; that specified will be identified in the applica- tion, and available engineering, sales, b . CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also ' will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of redesign and claims of other contractors affected ' 2 . Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER' s sole discretion an proposed substitute item ENGINEER may item of material or equipment proposed by require CONTRACTOR to finnish additional CONTRACTOR does not qualify as an data about the proposed substitute item. "or-equal" item under paragraph 6 .05 .A. 1 , it will be considered a proposed substitute item ' 00700 - 21 B . Substitute Construction Methods or Procedures: or other individual or entity to furnish or perform any of the If a specific means, method, technique, sequence, or Work against whom CONTRACTOR has reasonable procedure of construction is shown or indicated in and objection. ' expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- B . If the Supplementary Conditions require the od, technique, sequence, or procedure of construction identity of certain Subcontractors, Suppliers, or other ' approved by ENGINEER. CONTRACTOR shall submit individuals or entities to be submitted to OWNER in sufficient information to allow ENGINEER, in advance for acceptance by OWNER by a specified date ENGINEER' s sole discretion, to determine that the prior to the Effective Date of the Agreement, and if substitute proposed is equivalent to that expressly called for CONTRACTOR has submitted a list thereof in accordance ' by the Contract Documents. The procedure for review by with the Supplementary Conditions, OWNER ' s acceptance ENGINEER will be similar to that provided in subpara- (either in writing or by failing to make written objection graph 6 .05 .A.2 . thereto by the date indicated for acceptance or objection in ' the Bidding Documents or the Contract Documents) of any C. Engineer 's Evaluation : ENGINEER will be such Subcontractor, Supplier, or other individual or entity allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable proposal or submittal made pursuant to paragraphs 6. 05 .A objection after due investigation. CONTRACTOR shall ' and 6 .05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER' s review is complete, the Contract Price will be adjusted by the difference in the which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal. " Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, negative determination. Supplier, or other individual or entity, whether initially or as ' a replacement, shall constitute a waiver of any right of D . Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work. TRACTOR to fiummish at CONTRACTOR' s expense a ' special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to to any substitute . OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities E. ENGINEER 's Cost Reimbursement: ENGINEER performing or furnishing any of the Work just as ' will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR' s own ENGINEER' s Consultants in evaluating substitute proposed acts and omissions . Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, ' 6 .05 .A.2 and 6.053 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor ' Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER's Consultants for evaluating entity except as may otherwise be required by Laws and each such proposed substitute. Regulations. F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph ' provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR's expense. D . CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, ' Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- furnishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. ' those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom E . CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, ' 00700 - 22 or furnishing any of the Work to communicate with ENGI- and other professionals and all court or arbitration or other NEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the F. The divisions and sections of the Specifications use in the performance of the Work or resulting from the and the identifications of any Drawings shall not control incorporation in the Work of any invention, design, process, CONTRACTOR in dividing the Work among Subcon- product, or device not specified in the Contract Documents. tractors or Suppliers or delineating the Work to be performed by any specific trade. 6 . 08 Permits cap G. All Work performed for CONTRACTOR by a A. ' Subcontractor or Supplier will be pursuant to an appropriate , Go�WRAGTOR 81%4 obtain Md rey for all agreement between CONTRACTOR and the Subcontractor G8ffiWa@60fi PoffF4 afid keeases: OWNER shall assist or Supplier which specifically binds the Subcontractor or CONTRACTOR, when necessary, in obtaining such ' Supplier to the applicable terms and conditions of the permits and licenses. CONTRACTOR shall pay all Contract Documents for the benefit of OWNER and governmental charges and inspection fees necessary for the ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. OWNER, CONTRACTOR, ENGINEER, ENGINEER' s Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C and D have been added. See the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6 . 09 Laws and Regulations of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for TOR will obtain the same. monitoring CONTRACTOR' s compliance with any Laws ' 6 . 07 Patent Fees and Royalties or Regulations. B . If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute ' If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR's primary performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR' s royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER' s Consultants, and the Agreement if there were no Bids) having an effect on the officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times . If claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such ! 00700 - 23 ' adjustment, a Claim may be made therefor as provided in disposal of such waste materials, rubbish, and other debris paragraph 10.05 . shall conform to applicable Laws and Regulations . ' 6 . 10 Taxes C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it A. CONTRACTOR shall pay all sales, consumer, ready for utilization by OWNER. At the completion of the ' use, and other similar taxes required to be paid by Work CONTRACTOR shall remove from the Site all tools, CONTRACTOR in accordance with the Laws and appliances, construction equipment and machinery, and Regulations of the place of the Project which are applicable surplus materials and shall restore to original condition all during the performance of the Work. property not designated for alteration by the Contract ' 6 . 11 Use of Site and Other Areas Documents . D . Loading Structures: CONTRACTOR shall not ' A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. ' equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6 . 12 Record Documents and shall not unreasonably encumber the Site and ' other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work. changes made during construction. These record documents together with all approved Samples and a ' 2 . Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. ' resolve the claim by arbitration or other dispute resolution proceeding or at law. 6 . 13 Safety and Protection ' 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER' s Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to: against all claims, costs, losses, and damages ' (including but not limited to all fees and charges of 1 . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other ' dispute resolution costs) arising out of or relating to 2 , all the Work and materials and equip. any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site; and ENGINEER, or any other party indemnified ' hereunder to the extent caused by or based upon 3 . other property at the Site or adjacent CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B . Removal of Debris During Performance of the ground Facilities not designated for removal, reloca- Work: During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and t ' 00700 - 24 ' B . CONTRACTOR shall comply with all applicable give ENGINEER prompt written notice if CONTRACTOR Laws and Regulations relating to the safety of persons or believes that any significant changes in the Work or property, or to the protection of persons or property from variations from the Contract Documents have been caused ' damage, injury, or loss ; and shall erect and maintain all thereby or are required as a result thereof. If ENGINEER necessary safeguards for such safety and protection. determines that a change in the Contract Documents is CONTRACTOR shall notify owners of adjacent property required because of the action taken by CONTRACTOR in and of Underground Facilities and other utility owners when response to such an emergency, a Work Change Directive ' prosecution of the Work may affect them, and shall or Change Order will be issued. cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or 6 . 17 Shop Drawings and Samples ' loss to any property referred to in paragraph 6. 13 .A.2 or 6 . 13 .A. 3 caused, directly or indirectly, in whole or in part, A . CONTRACTOR shall submit Shop Drawings to by CONTRACTOR, any Subcontractor, Supplier, or any ENGINEER for review and approval in accordance with the t other individual or entity directly or indirectly employed by acceptable schedule of Shop Drawings and Sample any of them to perform any of the Work, or anyone for submittals . All submittals will be identified as ENGINEER whose acts any of them may be liable, shall be remedied by may require and in the number of copies specified in the CONTRACTOR (except damage or loss attributable to the General Requirements. The data shown on the Shop fault of Drawings or Specifications or to the acts or Drawings will be complete with respect to quantities, omissions of OWNER or ENGINEER or ENGINEER' s dimensions, specified performance and design criteria, Consultant, or anyone employed by any of them, or anyone materials, and similar data to show ENGINEER the for whose acts any of them may be liable, and not services, materials, and equipment CONTRACTOR attributable, directly or indirectly, in whole or in part, to the proposes to provide and to enable ENGINEER to review fault or negligence of CONTRACTOR or any the information for the limited purposes required by Subcontractor, Supplier, or other individual or entity paragraph 6 . 17 .E. directly or indirectly employed by any of them) . CONTRACTOR' s duties and responsibilities for safety and B . CONTRACTOR shall also submit Samples to for protection of the Work shall continue until such time as ENGINEER for review and approval in accordance with the ' all the Work is completed and ENGINEER has issued a acceptable schedule of Shop Drawings and Sample notice to OWNER and CONTRACTOR in accordance with submittals. Each Sample will be identified clearly as to paragraph 14 . 07 .B that the Work is acceptable (except as material, Supplier, pertinent data such as catalog numbers, otherwise expressly provided in connection with Substantial and the use for which intended and otherwise as ENGI- ' Completion) . NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6 . 14 Safety Representative 6 . 17 .E . The numbers of each Sample to be submitted will be as specified in the Specifications . A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties C. Where a Shop Drawing or Sample is required by and responsibilities shall be the prevention of accidents and the Contract Documents or the schedule of Shop Drawings the maintaining and supervising of safety precautions and and Sample submittals acceptable to ENGINEER as programs. required by paragraph 2 .07, any related Work performed prior to ENGINEER' s review and approval of the pertinent 6. 15 Hazard Communication Programs submittal will be at the sole expense and responsibility of CONTRACTOR. A. CONTRACTOR shall be responsible for coordi- ' Hating any exchange of material safety data sheets or other D . Submittal Procedures hazard communication information required to be made available to or exchanged between or among employers at 1 . Before submitting each Shop Drawing or the Site in accordance with Laws or Regulations . Sample, CONTRACTOR shall have determined and ' 6 . 16 Emergencies verified: a. all field measurements, quantities, dimen- ' A. In emergencies affecting the safety or protection of sions, specified performance criteria, installation persons or the Work or property at the Site or adjacent requirements, materials, catalog numbers, and thereto, CONTRACTOR is obligated to act to prevent similar information with respect thereto ; threatened damage, injury, or loss . CONTRACTOR shall 00700 - 25 ' b . all materials with respect to intended use, incident thereto . The review and approval of a fabrication, shipping, handling, storage, assem- separate item as such will not indicate approval of bly, and installation pertaining to the perfor- the assembly in which the item functions . mance of the Work; 3 . ENGINEER' s review and approval of c . all information relative to means, meth- Shop Drawings or Samples shall not relieve CON- ods, techniques, sequences, and procedures of TRACTOR from responsibility for any variation construction and safety precautions and from the requirements of the Contract Documents programs incident thereto ; and unless CONTRACTOR has in writing called ENGINEER ' s attention to each such variation at the ' d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6 . 17 .D . 3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents . the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 2 . Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6 . 17 .D . 1 . satisfied CONTRACTOR' s obligations under the Contract Documents with respect to F. Resubmittal Procedures CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3 . At the time of each submittal, CON- required number of corrected copies of Shop ' TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals. submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and New Paragraph 6.17.G has been added. See the Sample submitted to ENGINEER for review and Supplementary Conditions. approval of each such variation. 6 . 18 Continuing the Work ' E. ENGINEER 's Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER. disagreements, except as permitted by paragraph 15 .04 or as ENGINEER' s review and approval will be only to OWNER and CONTRACTOR may otherwise agree in ' determine if the items covered by the submittals will, writing. after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6 . 19 CONTRACTOR 's General Warranty and ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents. A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER' s Consultants that 2 . ENGINEER' s review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR ' s sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or ' where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- 00700 - 26 ON-00700 - 26 • • • • • • • ' Ll . • • • • • Will Willi 6MLMLv=ZQLLMLwAAK:= WWWWWWWwl oil 1111 Wr • 1 • 1 1 • • • - • • - • • HINI 1 • • � • . • 1 • . 1 • • - 1 • - • • • • • • • ' • - • . . . • • 1 • - - • • • • - • . • . 1 We . • - • 1 . 1 / 1 1 1 1 • • - • 1 • . I. • _ • _ . •. • _ _ • _All •. • _ - 1 • • • - _ - • - • 11 11 ' ARTICLE 7 - OTHER WORK integration with CONTRACTOR' s Work except for latent defects and deficiencies in such other work. ' 7 . 01 Related Work at Site 7 . 02 Coordination A. OWNER may perform other work related to the A. If OWNER intends to contract with others for the Project at the Site by OWNER' s employees, or let other performance of other work on the Project at the Site, the ' direct contracts therefor, or have other work performed by following will be set forth in Supplementary Conditions : utility owners . If such other work is not noted in the Con- tract Documents, then: 1 . the individual or entity who will have ' authority and responsibility for coordination of the 1 . written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; work; and 2 . the specific matters to be covered by such 2 . if OWNER and CONTRACTOR are authority and responsibility will be itemized; and unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract 3 , the extent of such authority and responsi- Price or Contract Times that should be allowed as a bilines will be provided. result of such other work, a Claim may be made therefor as provided in paragraph 10 .05 . B . Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- B . CONTRACTOR shall afford each other contractor sibility for such coordination. who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER' s employees) proper and safe access to ARTICLE 8 - OWNER ' S RESPONSIBILITIES the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work 8 . 01 Communications to Contractor with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, A. Except as otherwise provided in these General and patching of the Work that may be required to properly Conditions, OWNER shall issue all communications to connect or otherwise make its several parts come together CONTRACTOR through ENGINEER. and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by 8 . 02 Replacement of ENGINEER cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Part of paragraph 8.02.A has been deleted. ENGINEER and the others whose work will be affected. A. In case of termination of the employment of The duties and responsibilities of CONTRACTOR under ENGINEER, OWNER shall appoint an engineer4e-when this paragraph are for the benefit of such utility owners and GC *W A CTnu .. . kes ,. e ,..,"le ebjeetio. whose other contractors to the extent that there are comparable status under the Contract Documents shall be that of the ' provisions for the benefit of CONTRACTOR in said direct former ENGINEER. contracts between OWNER and such utility owners and other contractors . 8 . 03 Furnish Data ' C. If the proper execution or results of any part of A. OWNER shall promptly furnish the data required CONTRACTOR' s Work depends upon work performed by of OWNER under the Contract Documents . others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 8 . 04 Pay Promptly When Due writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper A. OWNER shall make payments to CONTRACTOR ' execution and results of CONTRACTOR' s Work. promptly when they are due as provided in paragraphs CONTRACTOR' s failure to so report will constitute an 14 .02. 0 and 14 .07 .C. acceptance of such other work as fit and proper for 00700 - 28 ' 8 . 05 Lands and Easements; Reports and Tests responsibility in respect thereof will be as set forth in the Supplementary Conditions. A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 .01 and 4 .05 . ARTICLE 9 - ENGINEER' S STATUS DURING Paragraph 4.02 refers to OWNER' s identifying and making CONSTRUCTION available to CONTRACTOR copies of reports of explora- tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 9 . 01 0 WNER 'S Representative subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract A. ENGINEER will be OWNER' s representative Documents . during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as ' 8 .06 Insurance OWNER' s representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER's responsibilities, if any, in respect to written consent of OWNER and ENGINEER. purchasing and maintaining liability and property insurance are set forth in Article 5 . 9 . 02 Visits to Site 8 . 07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10. 03 , experienced and qualified design professional the progress that has been made and the quality of the various aspects of ' 8 . 08 Inspections, Tests, and Approvals CONTRACTOR' s executed Work. Based on information obtained during such visits and observations, ENGINEER, A. OWNER' s responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13 . 03 .B . Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 . 09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER' s efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform control or authority over, nor be responsible for, generally to the Contract Documents . On the basis of such ' CONTRACTOR' s means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER or procedures of constriction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be B . ENGINEER' s visits and observations are subject responsible for CONTRACTOR' s failure to perform the to all the limitations on ENGINEER ' s authority and Work in accordance with the Contract Documents . responsibility set forth in paragraph 9 . 10, and particularly, but without limitation, during or as a result of ENGINEER's 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOR's Work Condition ENGINEER will not supervise, direct, control, or have ' authority over or be responsible for CONTRACTOR 's A. OWNER's responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4.06 . incident thereto, or for any failure of CONTRACTOR to ' comply with Laws and Regulations applicable to the 8 . 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to furnish 9 . 03 Project Representative CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER' s A. If OWNER and ENGINEER agree, ENGINEER obligations under the Contract Documents, OWNER' s will fiunish a Resident Project Representative to assist i 00700 - 29 ' ENGINEER in providing more extensive observation of the as provided in paragraph 13 .04, whether or not the Work is Work. The responsibilities and authority and limitations fabricated, installed, or completed. thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 . 10 and in the 9 .07 Shop Drawings, Change Orders and Payments Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site A. In connection with ENGINEER' s authority as to ' who is not ENGINEER' s Consultant, agent or employee, Shop Drawings and Samples, see paragraph 6. 17. the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the B . In connection with ENGINEER' s authority as to Supplementary Conditions . Change Orders, see Articles 10, 11 , and 12 . 9 . 04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to Applications for Payment, see Article 14 . ' A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments . Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER' s preliminary determinations and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise). ENGINEER' s written decision thereon will be allowed as a result of a written clarification or interpre. final and binding (except as modified by ENGINEER to talion, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10.05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 . ' 9 .05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 , with a Claim may be made therefor as provided in paragraph request for a formal decision. 10.05 . ' 9 . 06 Rejecting Defective Work Paragraph 9.09.13 has been deleted in its entirety. A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or this paFagraph 9.09, ' that ENGINEER believes will not produce a completed ONOM „r- COMRACTOR and will be hab a in Project that conforms to the Contract Documents or thatMMMB In will prejudice the integrity of the design concept of the ' completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have , authority to require special inspection or testing of the Work ' 00700 - 30 ' pfeeedent toARTICLE 10 - CHANGES IN THE WORK; CLAIMS .. of . e rights er- r o,. ed es .. either- may ethep.Ni a hmr.e ' 10 .01 Authorized Changes in the Work 9 . 10 Limitations on ENGINEER 's Authority and A. Without invalidating the Agreement and without ' Responsibilities notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work A. Neither ENGINEER' s authority or responsibility by a Written Amendment, a Change Order, or a Work under this Article 9 or under any other provision of the Change Directive. Upon receipt of any such document, ' Contract Documents nor any decision made by ENGINEER CONTRACTOR shall promptly proceed with the Work in good faith either to exercise or not exercise such involved which will be performed under the applicable authority or responsibility or the undertaking, exercise, or conditions of the Contract Documents (except as otherwise ' performance of any authority or responsibility by specifically provided) . ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to B . If OWNER and CONTRACTOR are unable to CONTRACTOR, any Subcontractor, any Supplier, any agree on entitlement to, or on the amount or extent, if any, other individual or entity, or to any surety for or employee of an adjustment in the Contract Price or Contract Times, or or agent of any of thern both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in B . ENGINEER will not supervise, direct, control, or paragraph 10. 05 , have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of 10 . 02 Unauthorized Changes in the Work construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to A. CONTRACTOR shall not be entitled to an comply with Laws and Regulations applicable to the perfor- increase in the Contract Price or an extension of the mance of the Work. ENGINEER will not be responsible Contract Times with respect to any work performed that is for CONTRACTOR' s failure to perform the Work in accor- not required by the Contract Documents as amended, dance with the Contract Documents . modified, or supplemented as provided in paragraph 3 .04, except in the case of an emergency as provided in paragraph C. ENGINEER will not be responsible for the acts or 6 . 16 or in the case of uncovering Work as provided in ' omissions of CONTRACTOR or of any Subcontractor, any paragraph 13 .04 .B . Supplier, or of any other individual or entity performing any of the Work. 10. 03 Execution of Change Orders D . ENGINEER' s review of the final Application for A. OWNER and CONTRACTOR shall execute Payment and accompanying documentation and all mainte- appropriate Change Orders recommended by ENGINEER nance and operating instructions, schedules, guarantees, (or Written Amendments) covering : ' Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 1 . changes in the Work which are : (i) 14 .07 .A will only be to determine generally that their ordered by OWNER pursuant to paragraph 10 . 0 LA, content complies with the requirements of, and in the case (ii) required because of acceptance of defective of certificates of inspections, tests, and approvals that the Work under paragraph 13 . 08 .A or OWNER' s results certified indicate compliance with, the Contract correction of defective Work under paragraph 13 . 09 , ' Documents . or (iii) agreed to by the parties ; E. The limitations upon authority and responsibility 2 . changes in the Contract Price or Contract set forth in this paragraph 9 . 10 shall also apply to Times which are agreed to by the parties, including ' ENGINEER ' s Consultants, Resident Project Repre- any undisputed sum or amount of time for Work sentative, and assistants. actually performed in accordance with a Work Change Directive; and ' 3 . changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- 00700 - 31 ara- 00700 - 31 graph 10 .05 ; provided that, in lieu of executing any the dispute resolution procedures set forth in Article such Change Order, an appeal may be taken from 16 ; or any such decision in accordance with the provisions of the Contract Documents and applicable Laws and 2 , if no such dispute resolution procedures Regulations, but during any such appeal, have been set forth in Article 16, a written notice of CONTRACTOR shall carry on the Work and adhere intention to appeal from ENGINEER ' s written ' to the progress schedule as provided in paragraph decision is delivered by OWNER or CONTRAC- 6. 18 .A. TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal 10 . 04 Notification to Surety proceeding is instituted by the appealing party in a 1 forum of competent jurisdiction within 60 days after A. If notice of any change affecting the general scope the date of such decision or within 60 days after of the Work or the provisions of the Contract Documents Substantial Completion, whichever is later (unless ' (including, but not limited to, Contract Price or Contract otherwise agreed in writing by OWNER and Times) is required by the provisions of any Bond to be CONTRACTOR), to exercise such rights or given to a surety, the giving of any such notice will be remedies as the appealing party may have with CONTRACTOR' s responsibility. The amount of each respect to such Claim, dispute, or other matter in ' applicable Bond will be adjusted to reflect the effect of any accordance with applicable Laws and Regulations. such change. C . If ENGINEER does not render a formal decision 10.05 Claims and Disputes in writing within the time stated in paragraph 10 . 05 .13 , a decision denying the Claim in its entirety shall be deemed to A. Notice: Written notice stating the general nature have been issued 31 days after receipt of the last submittal of each Claim, dispute, or other matter shall be delivered by of the claimant or the last submittal of the opposing party, the claimant to ENGINEER and the other party to the if any. Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the D . No Claim for an adjustment in Contract Price or ' amount or extent of the Claim, dispute, or other matter with Contract Times (or Milestones) will be valid if not supporting data shall be delivered to the ENGINEER and submitted in accordance with this paragraph 10. 05 . the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in ARTICLE 11 - COST OF THE WORK; CASH support of such Claim, dispute, or other matter). A Claim ALLOWANCES ; UNIT PRICE WORK for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01 .13 . A Claim for an adjustment in Contract Time shall be prepared 11 . 01 Cost of the Work in accordance with the provisions of paragraph 12 .02 .13 . ' Each Claim shall be accompanied by claimant's written A. Costs Included: The term Cost of the Work means statement that the adjustment claimed is the entire the sum of all costs necessarily incurred and paid by CON- adjustment to which the claimant believes it is entitled as a TRACTOR in the proper performance of the Work. When result of said event. The opposing party shall submit any the value of any Work covered by a Change Order or when response to ENGINEER and the claimant within 30 days a Claim for an adjustment in Contract Price is determined after receipt of the claimant' s last submittal (unless on the basis of Cost of the Work, the costs to be reimbursed ENGINEER allows additional time) . to CONTRACTOR will be only those additional or incremental costs required because of the change in the B . ENGINEER 's Decision: ENGINEER will render Work or because of the event giving rise to the Claim. a formal decision in writing within 30 days after receipt of Except as otherwise may be agreed to in writing by the last submittal of the claimant or the last submittal of the OWNER, such costs shall be in amounts no higher than ' opposing party, if any. ENGINEER' s written decision on those prevailing in the locality of the Project, shall include such Claim, dispute, or other matter will be final and only the following items, and shall not include any of the binding upon OWNER and CONTRACTOR unless : costs itemized in paragraph 11 . 01 .13 . ' 1 . an appeal from ENGINEER's decision is 1 . Payroll costs for employees in the direct taken within the time limits and in accordance with employ of CONTRACTOR in the performance of the Work under schedules of job classifications ' 00700 - 32 agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation a. The proportion of necessary trans- superintendents, foremen, and other personnel portation, travel, and subsistence expenses of ' employed full time at the Site. Payroll costs for CONTRACTOR' s employees incurred in discharge employees not employed full time on the Work shall of duties connected with the Work. be apportioned on the basis of their time spent on the ' Work. Payroll costs shall include, but not be limited b. Cost, including transportation and main- to, salaries and wages plus the cost of fringe tenance, of all materials, supplies, equipment, benefits, which shall include social security machinery, appliances, office, and temporary facili- contributions, unemployment, excise, and payroll ries at the Site, and hand tools not owned by the taxes, workers ' compensation, health and retirement workers, which are consumed in the performance of benefits, bonuses, sick leave, vacation and holiday the Work, and cost, less market value, of such items pay applicable thereto . The expenses of performing used but not consumed which remain the property of ' Work outside of regular working hours, on Saturday, CONTRACTOR. Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. C. Rentals of all construction equipment and machinery, and the parts thereof whether rented 2 . Cost of all materials and equipment fur- from CONTRACTOR or others in accordance with nished and incorporated in the Work, including costs rental agreements approved by OWNER with the of transportation and storage thereof, and Suppliers ' advice of ENGINEER, and the costs of ' field services required in connection therewith. All transportation, loading, unloading, assembly, cash discounts shall accrue to CONTRACTOR dismantling, and removal thereof. All such costs unless OWNER deposits funds with shall be in accordance with the terms of said rental CONTRACTOR with which to make payments, in agreements . The rental of any such equipment, ma- ' which case the cash discounts shall accrue to chinery, or parts shall cease when the use thereof is OWNER. All trade discounts, rebates and refunds no longer necessary for the Work. and returns from sale of surplus materials and equipment shall accrue to OWNER, and d. Sales, consumer, use, and other similar CONTRACTOR shall make provisions so that they taxes related to the Work, and for which CON- may be obtained. TRACTOR is liable, imposed by Laws and Regu- lations . ' 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by e . Deposits lost for causes other than negli- Subcontractors. If required by OWNER, CON- gene of CONTRACTOR, any Subcontractor, or TRACTOR shall obtain competitive bids from anyone directly or indirectly employed by any of subcontractors acceptable to OWNER and CON- them or for whose acts any of them may be liable, TRACTOR and shall deliver such bids to OWNER, and royalty payments and fees for permits and who will then determine, with the advice of ENGI- licenses. NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be f. Losses and damages (and related expenses) paid on the basis of Cost of the Work plus a fee, the caused by damage to the Work, not compensated by ' Subcontractor's Cost of the Work and fee shall be insurance or otherwise, sustained by determined in the same manner as CONTRACTOR in connection with the perfor- CONTRACTOR' s Cost of the Work and fee as mance of the Work (except losses and damages provided in this paragraph 11 .01 . within the deductible amounts of property insurance established in accordance with paragraph 5 .06 .1)) , 4 . Costs of special consultants (including provided such losses and damages have resulted but not limited to engineers, architects, testing from causes other than the negligence of ' laboratories, surveyors, attorneys, and accountants) CONTRACTOR, any Subcontractor, or anyone employed for services specifically related to the directly or indirectly employed by any of them or for Work. whose acts any of them may be liable. Such losses shall include settlements made with the written 5 . Supplemental costs including the consent and approval of OWNER. No such losses , following: damages, and expenses shall be included in the Cost ' 00700 - 33 of the Work for the purpose of determining limited to, the correction of defective Work, disposal CONTRACTOR' s fee . of materials or equipment wrongly supplied, and making good any damage to property. ' g. The cost of utilities, fuel, and sanitary facilities at the Site. 5 . Other overhead or general expense costs of any kind and the costs of any item not specifically ' h. Minor expenses such as telegrams, long and expressly included in paragraphs 11 .OLA and distance telephone calls, telephone service at the 11 .01 .13 . Site, expressage, and similar petty cash items in connection with the Work. C . CONTRACTOR 's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR' s fee i. When the Cost of the Work is used to shall be determined as set forth in the Agreement. When determine the value of a Change Order or of a the value of any Work covered by a Change Order or when ' Claim, the cost of premiums for additional Bonds a Claim for an adjustment in Contract Price is determined and insurance required because of the changes in the on the basis of Cost of the Work, CONTRACTOR ' s fee Work or caused by the event giving rise to the shall be determined as set forth in paragraph 12 .01 . C. Claim. ' D . Documentation : Whenever the Cost of the Work j . When all the Work is performed on the for any purpose is to be determined pursuant to paragraphs basis of cost-plus, the costs of premiums for all 11 .01 .A and 11 .01 .13 , CONTRACTOR will establish and ' Bonds and insurance CONTRACTOR is required by . maintain records thereof in accordance with generally the Contract Documents to purchase and maintain. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown B . Costs Excluded: The term Cost of the Work shall together with supporting data. not include any of the following items : 11 . 02 Cash Allowances 1 . Payroll costs and other compensation of ' CONTRACTOR' s officers, executives, principals A. It is understood that CONTRACTOR has included (of partnerships and sole proprietorships), general in the Contract Price all allowances so named in the managers, engineers, architects, estimators, attor- Contract Documents and shall cause the Work so covered to neys, auditors, accountants, purchasing and con- be performed for such sums as may be acceptable to ' tracting agents, expediters, timekeepers, clerks, and OWNER and ENGINEER. CONTRACTOR agrees that: other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal 1 . the allowances include the cost to CON- or branch office for general administration of the TRACTOR (less any applicable trade discounts) of Work and not specifically included in the agreed materials and equipment required by the allowances upon schedule of job classifications referred to in to be delivered at the Site, and all applicable taxes ; paragraph 11 .01 .A. 1 or specifically covered by and paragraph 11 .01 .A.4, all of which are to be considered administrative costs covered by the 2 . CONTRACTOR' s costs for unloading CONTRACTOR' s fee . and handling on the Site, labor, installation costs, ' overhead, profit, and other expenses contemplated 2 . Expenses of CONTRACTOR' s principal for the allowances have been included in the and branch offices other than CONTRACTOR' s Contract Price and not in the allowances, and no office at the Site. demand for additional payment on account of any of the foregoing will be valid. 3 . Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR' s B . Prior to final payment, an appropriate Change ' capital employed for the Work and charges against Order will be issued as recommended by ENGINEER to CONTRACTOR for delinquent payments . reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall 4. Costs due to the negligence of CON- be correspondingly adjusted. TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose 11 . 03 Unit Price Work acts any of them may be liable, including but not ' 00700 - 34 t A. Where the Contract Documents provide that all or B . The value of any Work covered by a Change part of the Work is to be Unit Price Work, initially the Order or of any Claim for an adjustment in the Contract Contract Price will be deemed to include for all Unit Price Price will be determined as follows : Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the 1 . where the Work involved is covered by estimated quantity of each item as indicated in the Agree- unit prices contained in the Contract Documents, by ment. The estimated quantities of items of Unit Price Work application of such unit prices to the quantities of the are not guaranteed and are solely for the purpose of items involved (subject to the provisions of para- comparison of Bids and determining an initial Contract graph 11 .03 ) ; or Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Part of paragraph 12 .01 .B.2 has been deleted, CONTRACTOR will be made by ENGINEER subject to 2 . where the Work involved is not covered the provisions of paragraph 9 . 08 . by unit prices contained in the Contract Documents, by a mutually agreed lump s B . Each unit price will be deemed to include an ;an. al.I.A.;A7ffimee. for ever-head and pFefit not neeessaril!, amount considered by CONTRACTOR to be adequate to in aseerdanee3A� parzagfaph12:9 ! . G. 2) ; of. cover CONTRACTOR' s overhead and profit for each separately identified item. Paragraph 12.01 .13.3 has been deleted in its entirety. e 3 . „ we..e the Werk ; eh ,ea : of ees.7ea C. OWNER or CONTRACTOR may make a Claim ' for an adjustment in the Contract Price in accordance with paragraph 10 .05 if: par-agfaph 12 .01 .13 .2 , en the basis of the Cost ef the Wer-k (deten�nined as pFevided in paragraph 11 . 0 1 ) 1 . the quantity of any item of Unit Price plus ^ CGr rR n GTO fee for- ever—head and p -efi Work performed by CONTRACTOR differs mate- (dete 3inea as pr-ev ded in par-a Eap 1 n , c- rially and significantly from the estimated quantity of such item indicated in the Agreement; and Paragraph 12.01 .0 has been deleted in its entirety. C. C'6 E7O'Y-Tee: The GQURAGTO�s ' 2 . there is no corresponding adjustment fee for- ever-head and pr-efit shall be detemiined as felle with respect any other item of Work; and 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in 2 . if ^ &Eea fee is not agFeed upon, the., Contract Price as a result of having incurred addi- fee based on the c 11wA• Me ee., tages of the tional expense or OWNER believes that OWNER is various pei:t ens of the Cost of the War- .: entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any a. for oestsiwuffeder--paragraphs such increase or decrease. 11 .01 .A. 1 and 11 .01 .A. 2, the GONTR A CT-0 _ fee shall he 15 pe a t• ARTICLE 12 - CHANGE OF CONTRACT PRICE ; b . €er eests— ;neuffedunQer—pa£agraph CHANGE OF CONTRACT TIMES 11 , 01A the i-Qi n A GTnn fee shall we 12 . 01 Change of Contract Price e . ,, er-e oneer- mer-e tier-.. ofsubee. #acts ' e ., the basis of Ce^t of the Werk ples ^ fee. A. The Contract Price may only be changed by a and no abed fee . agreed tipea, the intent e Change Order or by a Written Amendment. Any Claim for ^-^ --^rh n , r 2 ^ ^ that the e„heentFaeto -� ' an adjustment in the Contract Price shall be based on whe aetually peffemas the We r4E, a4 3A4iateye written notice submitted by the party making the Claim to tier v414 he paid ^ fee of 15 . e..t of the ee ^t^ the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10. 05 . 1 , n , A , and , 1 .01 .A.2 and that any higher tie paid ., fee of five p ent of the amount ..ai to the ., e„t lewer tier S4ee„tr., eter-. 00700 - 35 - - IV I IV D ME WA� all M Z- I Wa I�VIV • • • • • • 1 • • • • . - 1 - - - • • / - • . Y wa,• walm,•r WWWA• Samoa• • . L1 _ . • _ • ' • • ' • " 1 1 • • . • • . • • 1 • • 1 . • _ • • • _ • • - • � 1 � 1 1 � 1 i 1 ' 1 ' 1 1 1 1 1 • . Y • Val Val ammll ." ONO W" 1 • " / • • • • • • 1 1 _ _ _ _ • . I • 1 1 1 1 " • 1 . • a a - • . 1 • • 1 " 1 ' 1 • • . • • 1 1 • frog 11 1 • • • 1 • • . Y Y • . •/ • • • 1 • • 1 I • • . �. 1 _ • • . Y • • • • _ • _ 11 11 ' prior to CONTRACTOR' s purchase thereof for 13 . 02 Access to Work incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to ' A. OWNER, ENGINEER, ENGINEER' s Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies E . If any Work (or the work of others) that is to be with jurisdictional interests will have access to the Site and inspected, tested, or approved is covered by CONTRAC- the Work at reasonable times for their observation, TOR without written concurrence of ENGINEER, it must, inspecting, and testing. CONTRACTOR shall provide if requested by ENGINEER, be uncovered for observation. them proper and safe conditions for such access and advise them of CONTRACTOR' s Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as applicable. 13 .03 .E shall be at CONTRACTOR' s expense unless CON- TRACTOR has given ENGINEER timely notice of ' 13 . 03 Tests and Inspections CONTRACTOR' s intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice . notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and A new Paragraph 13 .03 .G has been added. See the testing personnel to facilitate required inspections or tests . Supplementary Conditions. ' Paragraph 13 .03 .B has been deleted and replaced with a 13 . 04 Uncovering Work new paragraph. See the Supplementary Conditions. B OlWhMR shall employ and pay fer- the "eerie A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- * pp-eva!S Fequ -ea by the Gont et Peeumarts NEER, be uncovered for ENGINEER' s observation and _ _ __, _ � yrs _ _ . __ _ _ _i _— _ _ _ � _ eEeept: replaced at CONTRACTOR' s expense . h for —inspeetiens, tests, er -apprevals Parts of the last two sentences of paragraph 13 .04 .13 eever-ed by paragraphs i 3 03 C "..a 13 .030 belew; have been deleted. B . If ENGINEER considers it necessary or advisable that est ineuffed in eenneefieft +w that covered Work be observed by ENGINEER or inspect- tests or tested by others, CONTRACTOR, at ENGINEER' s 13 .04 .B shall be paid as pr-extrided in said paFagEaph request, shall uncover, expose, or otherwise make available 13 .04 .B ;n and for observation, inspection, or testing as ENGINEER may ' require, that portion of the Work in question, furnishing all 3 s ether= se "peeifle lly provided ;n the necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Paragraph 13.03.0 has been deleted in its entirety. attorneys, and other professionals and all court or arbitration G. if T ".. ." er- R "... ,, " tions of any publie body w", .;,, ,. or other dispute resolution costs) arising out of or relating to .. diet.^.. Feqt4e any WeFk (,._ .."..t theFe^r) ; fieal . . such uncovering, exposure, observation, inspection, and * tatested, a et�,er testing, and of satisfactory replacement or reconstruction representative of " .,a ... .b lie body, Gnxrry A GTO shall. (including but not limited to all costs of repair or replacement of work of others) ; and OWNER shall be ' inspeetions, test" or- apprevals , pay all eest" i ^„b ee entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in ' paragraph 10.05 . If, however, such Work is not found to be D . CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed arranging and obtaining and shall pay all costs in connection the Gentraet D�,.e e an extension of the Contract Times (or ' with any inspections, tests, or approvals required for Milestones), - er- both, directly attributable to such OWNER' s and ENGINEER' s acceptance of materials or uncovering, exposure, observation, inspection, testing, equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to materials, mix designs, or equipment submitted for approval ' 00700 - 37 agree as to the-ameunt of extent thereof, CONTRACTOR promptly comply with the terms of such instructions, or in may make a Claim therefor as provided in paragraph 10 .05 . an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work Paragraph 13 .05.A has been deleted and replaced with a corrected or repaired or may have the rejected Work re- new paragraph. See the Supplementary Conditions. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 . 05 OWNER May Stop the Work engineers, architects, attorneys , and other professionals and ' all court or arbitration or other dispute resolution costs) A. if the Work is .7e f etiye, or- CONTRACT-OR CONTRACT-ORfails arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all ' tj e: fails to peFfeffn the Wc:v in sueh a " ^^ «-''=t costs of repair or replacement of work of others) will be the eampleted Wor=k willseaferm to theme paid by CONTRACTOR. n « OA4ER may order- rni rrn n GTnn to step the War-k, peittion thereof, «;i the ^ use -fc B . In special circumstances where a particular item of ' me , '"• any Rrnrcncrcvi�irR=—Rxc ..» . .. »..__ eff-de =_his been er,.. .:„ ^ tea ; ,, ,,weve_, this rtig- .« of O mMR equipment is placed in continuous service before te stop the Work shall net give rise to any du4y on the-paft Substantial Completion of all the Work, the correction ° ^`�- x MR to exeruise-"s-right fer- the- benefit-ef period for that item may start to run from an earlier date if ' COThR2RACT-OR; any Subeenttaeter, any Supplier, a so provided in the Specifications or by Written Amendment. agent of any of em: C. Where defective Work (and damage to other Work ' resulting therefrom) has been corrected or removed and 13 . 06 Correction or Removal of Defective Work replaced under this paragraph 13 . 07, the correction period hereunder with respect to such Work will be extended for A. CONTRACTOR shall correct all defective Work, an additional period of one year after such correction or whether or not fabricated, installed, or completed, or, if the removal and replacement has been satisfactorily completed . Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. D . CONTRACTOR' s obligations under this ' CONTRACTOR shall pay all Claims, costs, losses, and paragraph 13 .07 are in addition to any other obligation or damages (including but not limited to all fees and charges of warranty. The provisions of this paragraph 13 .07 shall not engineers, architects, attorneys, and other professionals and be construed as a substitute for or a waiver of the provisions all court or arbitration or other dispute resolution costs) of any applicable statute of limitation or repose . ' arising out of or relating to such correction or removal (including but not limited to all costs of repair or 13 . 08 Acceptance of Defective Work replacement of work of others) . A. If, instead of requiring correction or removal and 13 . 07 Correction Period replacement of defective Work, OWNER (and, prior to ENGINEER' s recommendation of final payment, A. If within one year after the date of Substantial ENGINEER) prefers to accept it, OWNER may do so . ' Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses , and prescribed by Laws or Regulations or by the terms of any damages (including but not limited to all fees and charges of applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and ' Documents or by any specific provision of the Contract all court or arbitration or other dispute resolution costs) Documents, any Work is found to be defective, or if the attributable to OWNER' s evaluation of and detemunation repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved for CONTRACTOR's use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished Laws and Regulations as contemplated in paragraph 6. 1 LA value of the Work to the extent not otherwise paid by is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence . If any such without cost to OWNER and in accordance with OWNER' s acceptance occurs prior to ENGINEER' s recommendation written instructions : (i) repair such defective land or areas, of final payment, a Change Order will be issued or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be ' and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, or areas resulting therefrom If CONTRACTOR does not OWNER may make a Claim therefor as provided in ' 00700 - 38 t paragraph 10 .05 . If the acceptance occurs after such by OWNER of OWNER' s rights and remedies under this recommendation, an appropriate amount will be paid by paragraph 13 . 09 . CONTRACTOR to OWNER. ' 13 .09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION A. If CONTRACTOR fails within a reasonable time ' after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required 14 . 01 Schedule of Values by ENGINEER in accordance with paragraph 13 .06.A, or if CONTRACTOR fails to perform the Work in accordance A. The schedule of values established as provided in with the Contract Documents, or if CONTRACTOR fails to paragraph 2 .07 .A will serve as the basis for progress comply with any other provision of the Contract payments and will be incorporated into a form of Applica- Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. ' B . In exercising the rights and remedies under this 14 .02 Progress Payments paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR' s services related thereto, take lished for each progress payment (but not more often possession of CONTRACTOR's tools, appliances, con- than once a month), CONTRACTOR shall submit to ' struction equipment and machinery at the Site, and incorpo- ENGINEER for review an Application for Payment rate in the Work all materials and equipment stored at the filled out and signed by CONTRACTOR covering Site or for which OWNER has paid CONTRACTOR but the Work completed as of the date of the ' which are stored elsewhere . CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER' s representatives, agents and employ- documentation as is required by the Contract Docu- ees, OWNER' s other contractors, and ENGINEER and ments. If payment is requested on the basis of ENGINEER' s Consultants access to the Site to enable materials and equipment not incorporated in the ' OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill ' C. All Claims, costs, losses, and damages (including of sale, invoice, or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court or ment free and clear of all Liens and evidence that the arbitration or other dispute resolution costs) incurred or materials and equipment are covered by appropriate ' sustained by OWNER in exercising the rights and remedies property insurance or other arrangements to protect under this paragraph 13 .09 will be charged against CON- OWNER's interest therein, all of which must be TRACTOR, and a Change Order will be issued incorpo- satisfactory to OWNER. ' rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to 2 . Beginning with the second Application an appropriate decrease in the Contract Price. If the parties for Payment, each Application shall include an are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all previous ' OWNER may make a Claim therefor as provided in progress payments received on account of the Work paragraph 10. 05 . Such claims, costs, losses and damages have been applied on account to discharge will include but not be limited to all costs of repair, or CONTRACTOR' s legitimate obligations associated ' replacement of work of others destroyed or damaged by with prior Applications for Payment. correction, removal, or replacement of CONTRACTOR' s defective Work. 3 . The amount of retainage with respect to progress payments will be as stipulated in the D. CONTRACTOR shall not be allowed an extension Agreement. of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise ' 00700 - 39 B . Review of Applications 4 . Neither ENGINEER ' S review of 1 . ENGINEER will, within 10 days after CONTRACTOR' s Work for the purposes of recom- ' receipt of each Application for Payment, either mending payments nor ENGINEER ' s recommenda- indicate in writing a recommendation of payment tion of any payment, including final payment, will and present the Application to OWNER or return the impose responsibility on ENGINEER to supervise, Application to CONTRACTOR indicating in writing direct, or control the Work or for the means, meth- ENGINEER' s reasons for refusing to recommend ods, techniques, sequences, or procedures of payment. In the latter case, CONTRACTOR may construction, or the safety precautions and programs make the necessary corrections and resubmit the incident thereto, or for CONTRACTOR' s failure to Application. comply with Laws and Regulations applicable to CONTRACTOR' s performance of the Work. 2 . ENGINEER' s recommendation of any Additionally, said review or recommendation will payment requested in an Application for Payment not impose responsibility on ENGINEER to make ' will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER' s observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens . accompanying data and schedules, that to the best of ENGINEER' s knowledge, information and belief: 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER' s opinion, it would be incorrect to indicated; make the representations to OWNER referred to in ' paragraph 14 .02 .B .2 . ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made , to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because : mination of quantities and classifications for Unit Price Work under paragraph 9 .08, and to a. the Work is defective, or completed any other qualifications stated in the Work has been damaged, requiring correction or recommendation) ; and replacement; c . the conditions precedent to b . the Contract Price has been reduced by CONTRACTOR' s being entitled to such pay- Written Amendment or Change Orders ; ' ment appear to have been fulfilled in so far as it is ENGINEER' s responsibility to observe the c . OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 .09 ; or 3 . By recommending any such payment ENGINEER will not thereby be deemed to have d. ENGINEER has actual knowledge of the represented that: (i) inspections made to check the occurrence of any of the events enumerated in 1 quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14 .02 .B .5.e and f have been added . inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may not be other Paragraph 14 .02.C. 1 has been deleted and replaced with matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 00700 - 40 C. Payment Becomes Due 14 . 03 CONTRACTOR 's Warranty of Title 1 . Ten days after- pfesentatien ef dhe A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any ENGINEER' sApplication for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time 14 .02 .D) beeeme due, and when due 3M11 be paid b of payment free and clear of all Liens. 14 .04 Substantial Completion D . Reduction in Payment A. When CONTRACTOR considers the entire Work 1 . OWNER may refuse to make payment of ready for its intended use CONTRACTOR shall notify the full amount recommended by ENGINEER OWNER and ENGINEER in writing that the entire Work is because : substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that a. claims have been made against OWNER ENGINEER issue a certificate of Substantial Completion. on account of CONTRACTOR' s performance or Promptly thereafter, OWNER, CONTRACTOR, and furnishing of the Work; ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not Part of Paragraph 14.02.D.1 .2.b. has been deleted. consider the Work substantially complete, ENGINEER will b . Liens have been filed in connection with notify CONTRACTOR in writing giving the reasons the Work, therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall such Liens ; fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be c. there are other items entitling OWNER to completed or corrected before final payment. OWNER ' a set-off against the amount recommended; or shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as d. OWNER has actual knowledge of the to any provisions of the certificate or attached list. If, after occurrence of any of the events enumerated in considering such objections, ENGINEER concludes that the paragraphs 14.02 .B .5 .a through 14.02 .B .5 .c or Work is not substantially complete, ENGINEER will within paragraph 15 .02 .A. 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the New paragraphs 14.02.D. 1 .e, f, g and h have been reasons therefore. If, after consideration of OWNER' s added. See the Supplementary Conditions. objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and ' 2 . If OWNER refuses to make payment of deliver to OWNER and CONTRACTOR a definitive the full amount recommended by ENGINEER, certificate of Substantial Completion (with a revised OWNER must give CONTRACTOR immediate tentative list of items to be completed or corrected) written notice (with a copy to ENGINEER) stating reflecting such changes from the tentative certificate as ' the reasons for such action and promptly pay CON- ENGINEER believes justified after consideration of any TRACTOR any amount remaining after deduction objections from OWNER. At the time of delivery of the of the amount so withheld. OWNER shall promptly tentative certificate of Substantial Completion ENGINEER pay CONTRACTOR the amount so withheld, or any will deliver to OWNER and CONTRACTOR a written adjustment thereto agreed to by OWNER and recommendation as to division of responsibilities pending CONTRACTOR, when CONTRACTOR corrects to final payment between OWNER and CONTRACTOR with OWNER' s satisfaction the reasons for such action. respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties 3 . If it is subsequently determined that and guarantees. Unless OWNER and CONTRACTOR OWNER' s refusal of payment was not justified, the agree otherwise in writing and so inform ENGINEER in amount wrongfully withheld shall be treated as an writing prior to ENGINEER' s issuing the definitive amount due as determined by paragraph 14 .02 .C. 1 . certificate of Substantial Completion, ENGINEER' s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. ' 00700 - 41 ' B . OWNER shall have the right to exclude 14 . 06 Final Inspection CONTRACTOR from the Site after the date of Substantial A. Upon written notice from CONTRACTOR that ' Completion, but OWNER shall allow CONTRACTOR the entire Work or an agreed portion thereof is complete , reasonable access to complete or correct items on the ENGINEER will promptly make a final inspection with tentative list. OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this ' 14 . 05 Partial Utilization inspection reveals that the Work is incomplete or defective . CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER' s option of any are necessary to complete such Work or remedy such substantially completed part of the Work which has deficiencies . specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14 . 07 Final Payment constitutes a separately functioning and usable part of the ' Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR' s performance of the remainder of the Work, may be 1 . After CONTRACTOR has , in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract 1 . OWNER at any time may request CON- Documents, all maintenance and operating ' TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ready for its intended use and substantially complete . certificates of inspection, marked-up record docu- ' If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6 . 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for part of the Work is substantially complete and progress payments . request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2 . The final Application for Payment shall CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ENGINEER to issue a certificate of Substantial 5 .04 .B . 7 ; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens complete, ENGINEER will notify OWNER and specified in paragraph 14 . 07 .A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may furnish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, ' graph 14 .04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto . with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in ' the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify OWNER against any Lien. 00700 - 42 ' under the terms and conditions governing final payment, B . Review of Application and Acceptance except that it shall not constitute a waiver of Claims. 1 . If, on the basis of ENGINEER' s observa- 14 . 09 Waiver of Claims ' tion of the Work during construction and final inspection, and ENGINEER' s review of the final Paragraph 14 .09 has been deleted and replaced in its Application for Payment and accompanying docu- entirety with a new paragraph. See the Supplementary ' mentation as required by the Contract Documents, Conditions. M- v ENGINEER is satisfied that the Work has been A. Ti ' a « f a ' payment will. nxc . ........b tet, .....- � ., _ r -� ____ completed and CONTRACTOR' s other obligations eeom ' under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the 1 of all Gla4 ... by rnANER final Application for Payment, indicate in writing against—GQ1h4 R, e "« Gla s ENGINEER's recommendation of payment and ftem unsettled Liens, from d feetive WegE appear- present a-present the Application for Payment to OWNER for ing after- finalBetio nt to paf " " bi uYu payment. At the same time ENGINEER will also 1 ^ n6from f ilwe to .. ply , 4th the Gent ." ,.« give written notice to OWNER and CON- Documents or- the « _. as of any special guarantees ' TRACTOR that the Work is acceptable subject to speeified therein, erfrom — CO'. RqT ^.CTQ ' s the provisions of paragraph 14 .09 . Otherwise, ENGINEER will return the Application for Payment rand ' to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which 2 . f n Gia4ns by GONTR.^ C case CONTRACTOR shall make the necessary TOR agakist OAE�MR other- than these pr-evieus!5 corrections and resubmit the Application for Payment. Paragraph 14.07.C.1 has been deleted and replaced with ARTICLE 15 - SUSPENSION OF WORK AND ' a new paragraph. See the Supplementary Conditions. TERMINATION C. Payment Becomes Due 15 . 01 OWNER May Suspend Work ' 1 . ley--days after the—pry--to OAVTs ER e= the Applioatien f r- Uayme.,« and. The last sentence of Paragraph 15.01 .A has been deleted aseemgan0. doeumentatief% the—, O and replaced with new sentences. See the ' a s ENGPME 4 beeeme`v due a s Supplementary Conditions. when—du� ; �,e paid by OWNER GON A. At any time and without cause, OWNER may TRACT-OR: suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- 14 . 08 Final Completion Delayed TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall A. If, through no fault of CONTRACTOR, final resume the Work on the date so fixed. G^"R:R ^ CT^D completion of the Work is significantly delayed, and if shall be allev.zed an adjus nwrA in the ` me"a"t confirms,confirms, �� both-, ENGINEER so cons, OWNER shall, upon receipt of Pxten�en e€ the je=#Faet Times, or- a:Y""«'�� CONTRACTOR' s final Application for Payment andw QCIIV« w suspension .f GGA 4U ^ f TO LLCIVbl l�«VC recommendation of ENGINEER, and without terminating • ' the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the 15 . 02 OWNER May Terminate for Cause remaining balance to be held by OWNER for Work not ' fully completed or corrected is less than the retainage A. The occurrence of any one or more of the stipulated in the Agreement, and if Bonds have been following events will justify termination for cause : furnished as required in paragraph 5 .01 , the written consent of the surety to the payment of the balance due for that 1 . CONTRACTOR' s persistent failure to ' portion of the Work fully completed and accepted shall be perform the Work in accordance with the Contract submitted by CONTRACTOR to ENGINEER with the Documents (including, but not limited to, failure to Application for such payment. Such payment shall be made supply sufficient skilled workers or suitable materi- 00700 - 43 ' als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention schedule established under paragraph 2 . 07 as or payment of moneys due CONTRACTOR by OWNER adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability. ' 6 .04) ; A new Paragraph 15.02 .D has been added. See the 2 . CONTRACTOR' s disregard of Laws or Supplementary Conditions. Regulations of any public body having jurisdiction; ' 15 . 03 OWNER May Terminate For Convenience 3 . CONTRACTOR' s disregard of the authority of ENGINEER; or A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause 4 . CONTRACTOR' s violation in any and without prejudice to any other right or remedy of substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, ' Documents . CONTRACTOR shall be paid (without duplication of any items) : New Paragraphs 15.02 .A.5 and 15.02 .A.6 have been added. See the Supplementary Conditions. 1 . for completed and acceptable Work ' executed in accordance with the Contract Docu- The third sentence of Paragraph 15.02 .B has been ments prior to the effective date of termination, deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and Supplementary Conditions. profit on such Work; B . If one or more of the events identified in paragraph 15 .02 .A occur, OWNER may, after giving CONTRACTOR 2 , for expenses sustained prior to the (and the surety, if any) seven days written notice, terminate effective date of termination in performing services the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re- from the Site, and take possession of the Work and of all quired by the Contract Documents in connection CONTRACTOR's tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable ment, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses ; ' extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), Paragraph 15.03 .A3 has been deleted in its entirety. incorporate in the Work all materials and equipment stored 3 . for- .. 11 elaiins eests lessen and damages at the Site or for which OWNER has paid CONTRACTOR (i~ ,.,. . ,1;~ ,, but ~ ,.« r. .. ,:«u,l «,. all fees and h.,.-,.e;e f but which are stored elsewhere, and finish the Work as M"gseers, arctests, atterueys, a —ee: OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further dispute-r-esehAiea eesi^smeured in settlement of payment until the Work is finished. , the Gentmet D_ _..e e. _eee .7 all elaiins, eests, losses, _..7and others; and. damages (ineluding but net liR. ed to all fun and ehar-gen of I , Wteets, attorneys, o* r~a Othprof eln and 4 . for reasonable expenses directly all .-« h '«. ti «he.. dispute 1 fie ntn\ a== cva-�c—yr-urv=swami—vi-�axxcz—Q=�nxcc�c'3viacroi= ov.. ...� attributable to termination. sustained by ONV:P%MR aris� eut of or- b to ' B . CONTRACTOR shall not be paid on account of Gnl APRAGTOR. If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. shall pay the difference to OWNER. Such claims, costs, ' losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. ' When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public ' authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, of ^NR terminated by OWNER, the termination will not affect any fails c . 30 days to pa�r r,n,.r, n n rTnv any sum finally rights or remedies of OWNER against CONTRACTOR aetemi ed te he due, then CONTRACTOR may, upon 00700 - 44 ' seven days written notice to OWNER and ENGINEER, and day of any such period falls on a Saturday or Sunday or on a provided OWNER or ENGINEER do not remedy such day made a legal holiday by the law of the applicable suspension or failure within that time, terminate the jurisdiction, such day will be omitted from the computation. ' Contract and recover from OWNER payment on the same terms as provided in paragraph 15 .03 . In lieu of terminating 17 . 03 Cumulative Remedies the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application A. The duties and obligations imposed by these ' for Payment within 30 days after it is submitted, er General Conditions and the rights and remedies available OVPn MR i. e .. -f ilea -f r 3n 4ays to pay CONTRAGTOR any hereunder to the parties hereto are in addition to, and are not -n fmally aetemiinea to be due-, CONTRACTOR may, to be construed in any way as a limitation of, any rights and ' seven days after written notice to OWNER and remedies available to any or all of them which are otherwise ENGINEER, stop the Work until payment is made of all imposed or available by Laws or Regulations, by special such amounts due CONTRACTOR, including interest warranty or guarantee, or by other provisions of the thereon. The provisions of this paragraph 15 .04 are not Contract Documents, and the provisions of this paragraph ' intended to preclude CONTRACTOR from making a Claim will be as effective as if repeated specifically in the Contract under paragraph 10 .05 for an adjustment in Contract Price Documents in connection with each particular duty, or Contract Times or otherwise for expenses or damage obligation, right, and remedy to which they apply. directly attributable to CONTRACTOR' s stopping the Work as permitted by this paragraph. 17 . 04 Survival of Obligations A. All representations, indemnifications, warranties, ARTICLE 16 - DISPUTE RESOLUTION and guarantees made in, required by, or given in accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents, will 16 . 01 Methods and Procedures survive final payment, completion, . and acceptance of the Work or termination or completion of the Agreement. Paragraph 16.01 .A has been deleted and replaced with a ' new paragraph. See the Supplementary Conditions. 17 . 05 Controlling Law ADispute re ^Men -Methods and p-eeedures if "L, Paragraph 17.05.A has been deleted and replaced with a shall be a set f.+i i the Supplementary G.nditionc if He new paragraph. See the Supplementary Conditions. ethed „« a .. eedu fe 1... .. beaen ..et F,.d, and s„bjeet to the A This re.....se. is to be g erred by the ! a-Ar sf�le c .. phs 9 .09 and i n ne 03AWER an state iny wish the nre: ee4 is leeate,a New Paragraphs have been added. See the Supplementary Conditions. ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice ' A. 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. 17 . 02 Computation of Times ' A. 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 00700 - 45 ' SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 ' Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 ' Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 ' Performance , Payment and Other Bonds SC — 5 . 01 ' Certificates of Insurance SC — 5 . 03 CONTRACTOR' S Liability Insurance SC — 5 . 04 OWNER' S Liability Insurance SC — 5 . 05 ' Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 iReceipt and Application of Insurance Proceeds SC — 5 . 08 Acceptance of Bonds and Insurance ; Option to Replace SC — 5 . 09 ' Labor; Working Hours SC — 6 . 02 tPermits SC — 6 . 06 Taxes SC — 6 . 10 Test and Inspections SC — 13 . 03 ' Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 0399-00800 - Supplementary Conditions.doc 00800-i FAEngineenng\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) 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 . The terms used in these Supplementary Conditions will have the meanings indicated in the ' General Conditions . SC -1 . 02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish" shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform" or " provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . SC- 1 . 02 . D . 4 Delete paragraph GC- 1 . 02. D. 4 in its entirety. SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such ' insurance has been delivered to the OWNER and 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 times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC -2 . 06 Pre-Construction Conference SC-2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract , but before the CONTRACTOR begins work , the Engineer will call a pre-construction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05 . 13 , procedures 0399-00800 - Supplementary Conditions.doc 00800-1 FAEngineering\Capital Projects\0399 North County Regional Park, Phase IN0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . ' SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC-3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC-3 . 06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows : ' 1 . Written Interpretations 2 . Addenda 3 , Specifications 4 , Supplementary Conditions to the General Conditions 5 . General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 , Referenced Standards , B . Written/computed dimensions shall govern over scaled dimensions . SC -4. 02 Subsurface and Physical Conditions SC-4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER's ' Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : 1 . Report dated June 2000 , prepared by Fraser Engineering and Testing , Inc. , ' entitled : Subsurface Soil Investigation for Proposed North County Regional Park . D . Copies of reports and drawings itemized in SC-4 . 02 . 0 are included with Bidding Documents as Appendix " B' . SC -5 .01 Performance, Payment and Other Bonds ' SC-5 . 01 . A. Delete paragraph GC-5. 01 . A in its entirety and insert the following paragraphs in its place: A . Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of the Contract Price and a Payment Bond in an amount equal to 100% of the ' Contract Price . 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute . 2 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 3 , The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . 0399-00800 - Supplementary Conditions.doc 00800-2 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' SC-5 . 01 . 6 . Delete paragraph GC-5. 01 . B in its entirety and insert the following paragraph in its place: ' B . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . SC -5 . 03 Certificates of Insurance SC-5 . 03 Delete the second sentence ofara ra h GC-5. 03 in p g p its entirety. SC -5. 04 CONTRACTOR' S Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 8: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 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. 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: a . Premises/Operations b . Products/Completed Operations ' C. Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 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: a . Owner Autos b . Hired Autos C, Non -Owned Autos . 00800-3 0399-00800 - supplementary Conditions .doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 r 4 . 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 wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10) days prior to the commencement of any work under this 1 Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER 'S Risk Manager for review and approval . b . " Indian River County Florida " will be named as "Additional Insured " on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C , 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. d . An appropriate " Indemnification " clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , ' which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . rD . Additional Insureds : 1 . In addition to " Indian River County, Florida , " the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR 'S liability insurance policies : a . Florida Department of Environmental Protection E . Should the CONTRACTOR at any time , neglect or refuse to provide the insurance required herein , or should such insurance be canceled or should the full annual aggregate amount of any policy not be available to satisfy the requirements of the ' Contract , the OWNER shall have the right , but not the obligation , to procure such insurance for the CONTRACTOR and the cost thereof shall be deducted from the monies then due or thereafter to become due to the CONTRACTOR or to declare ' CONTRACTOR in default under the Contract. SC -5. 05 OWNER'S Liability Insurance rSC-5 . 05 Delete paragraph GC-5. 05. A in its entirety. SC -5. 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06.A, B, and C in their entiretyand insert serf the following paragraphs in their place: r ' 00800-4 0399-00800 - supplementary Conditions.doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 t ' A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . Include the interests of OWNER , CONTRACTOR , Subcontractors , ENGINEER , ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed ' to have an insurable interest and shall be listed as an insured or additional insured ; 2 . Be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , false work , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft, vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions , 3 . Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects ) ; 4 . Cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided ' that such materials and equipment have been included in an Application for Payment recommended by ENGINEER ; and 5 . Allow for partial utilization of the Work by OWNER; 6 . Include testing and startup ; and t7 . Be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self-insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . ' SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: ' E . Additional Insureds : 1 . The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies : a . Indian River Countv, Florida b . Florida Department of Environmental Protection SC-5.07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A, 8, and C) in its entirety. y ' 00800-5 0399-00800 - Supplementary Conditions.doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase IR0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' SC -5.08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and 8) in its entirety. SC -6 . 02 Labor, Working Hours SC-6 . 02 . 6 . Add the following paragraphs immediately after paragraph GC-6. 02. 8: ' 1 . Regular working hours are defined as Monday through Friday , excluding Indian g River County Holidays , from 7 a . m . to 5 p . m . 1 2 , Indian River 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 . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER 's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a ' credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p . m . except in case of ' emergency upon specific permission of the ENGINEER . SC -6 . 05 Substitutes and " Or-Equals" ' SC-6 . 05 .A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A. Whenever an item of material or equipment is specified or described in the Con- tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used or an approved equal . In such case , substitution of other items of material or equipment ' or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. SC-6 . 05 .A. 1 . a . (ii ) Delete sentence GC-6. 05. A . I . a. (li) in its entirety and insert the following in its place: ( ii ) it will reliably perform at least equally well the function of the named item of material or equipment, and ; SC -6 . 06 Concerning Subcontractors , Suppliers, and Others 1 SC-6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: 9 OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable , information about amounts paid to CONTRACTOR on ' 00800-6 0399-00800 - supplementary Conditions.doc F:\Engineering\Capital Projects\0399 North County Regional Park, Phase IR0399 Contract Docs0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6 . 08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC-6. 08. A : ' B . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A") : 1 . Army Corp . of Engineers Permit No 2000004024 ( IP-ST) issued 08-03m ' 2001 2 . FDEP Wastewater Collection Permit No . 00389131 issued 11 -03-2000 3 , FDEP Water Distribution Permit No . WD31 -0039206- 192 issued 11 -29- 2000 4 . IRC Land Clearing Permit No 2000050084-24530 issued 08- 16-2001 5 , IRC Tree Removal Permit No . 2000050084-24531 issued 08- 16-2001 ' 6 . IRC Type B Flood Protection-Stormwater Management System Permit No . 2000050084-24170 issued 07-06-2001 7 , IRC Utility Construction Permit No CCS/CDS 957 issued 10-25-2000 8 . St , Johns River Water Management District Permit No 4m061 -668561 issued 01 -09-2001 9 , Stormwater Mitigation Plan ' C . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in ' the permits at no extra cost to the OWNER. D . 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 in which the work is most closely associated with . ' SC -6 . 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC-6. 17. F: G . Section 01340 — " Submittal of Shop Drawings , Product Data and Samples " 9shall supplement Section 6 . 17 of the General Conditions . In the event of a conflict, ' Section 01340 shall govern . SC -6 .20 Indemnification ' SC-6 . 20 Delete paragraph GC-6. 20 in its entirety and insert the following in its place: ' A . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to, reasonable attorney's fees , ' to the extent caused by the negligence , recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. ' 00800-7 0399-00800 - supplementary Conditions .doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' SC -8 . 02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02. A : 1 , SC -9. 09 Decisions on Requirements of Contract Documents and Acceptability of ' Work SC-9 . 09 Delete paragraph GC-9. 09. 8 in its entirety. SC42 . 01 Change of Contract Price ' SC- 12 . 01 . 13 . 2 Delete the following text from paragraph GC- 12. 01 . 8. 2 and add a "period" () at the end of the remaining text : ' with pafagicaphT . ^�C-2;:-e. ' SC- 12 . 01 Delete paragraphs GC- 12. 01 . 8. 3 and GC- 12. 01 . 0 in their entirety. SC -12 . 06 Delay Damages ' SC- 12 . 06 Delete paragraphs GC- 12. 06.A and GC- 12. 06. 8 in their entirety and insert the following paragraph in their place: ' A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project are time extensions . ' SC -13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete the first sentence of paragraph GC- 13. 03. 8 (up to the colon) in its entirety, and insert the following sentences in its place: ' B . OWNER shall employ and pay for the services of an independent testing laboratory t o perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by back charge to subsequent ' applications for payment. The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : ' 1 . inspections , tests , or approvals covered by paragraph 13 . 03 . D below; 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; ' 3 , tests otherwise specifically provided in the Contract Documents , SC- 13 . 03 . Add the following paragraph immediately after paragraph GC- 13. 03. F- G , The OWNER shall use the following testing laboratory : A. M . Engineering & Testing . Inc . (772 )461 -7508 ' 00800-8 0399-00800 - supplementary Conditions.doc FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 SC -13 . 04 Uncovering Work SC- 13 . 04 . 6 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective , CONTRACTOR shall be allowed innre �� - i ., the GeRtFaGt Drine Or an extension of the Contract Times (or Milestones) ,-OF beth directly attributable to such uncovering , exposure , observation , inspection , testing , ' replacement , and reconstruction . If the parties are unable to agree as to the meant- oF extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10 . 05 . 13 . 05 OWNER May Stop the Work ' SC- 13 . 05 .A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to 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, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them . 14. 02 Progress Payments ' SC- 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC- 14, 02. B, 5,- e . C- 14. 02. 8. 5:e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Florida ' Prompt Payment Act . SC- 14 . 02 . D . 1 . b Revise GC- 14. 02. D. 1 . b to read as follows: b . Liens have been filed in connection with the Work . SC- 14 . 02 . D . 1 Add the following paragraphs at the end of paragraph GC- 14. 02. D. 1 . d. 0399-00800 - Supplementary Conditions.doc 00800-9 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' e . CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors ; 1 f. the Work for which payment is requested cannot be verified ; g1 of persistent failure to carry out the Work in accordance with the Contract Documents , or otherwise unsatisfactory prosecution of the Work ; or h , of any other breach of, default under or violation of, or failure to comply with , the 1 provisions of the Contract Documents . SC -14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place: ' C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida Prompt Payment Act" ( F . S . Chapter 218 . 70 , et. seq . ) . SC -14. 09 Waiver of Claims ' SC- 14 . 09 Delete paragraph GC- 14. 09.A in its entirety and insert the following paragraph in its place: A. Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the ' OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work . Any payment , however, final or otherwise , shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . SC -15 . 01 OWNER May Suspend Work SC- 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 .A and insert the following in its place: ' CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract ' Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension . ' SC =I 5v02 OWNER May Terminate For Cause SC- 15 . 02 . A. 5 and SC- 15 . 02 . A. 6 Add the following new paragraphs immediately after paragraph GC45. 02. A . 4: 5 . CONTRACTOR's violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR 's failure to make payment to Subcontractors or Suppliers for ' 0399-00800 - Supplementary Conditions.doc 00800-10 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 ' materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . ' SC- 15 . 02 . 13 Delete the third sentence in paragraph GC- 15. 02. 8 and insert the following in its place: If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages ' (including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and dispute resolution or litigation costs ) sustained by OWNER arising out of or relating to completing the Work , CONTRACTOR will be paid for acceptable ' earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents , prior to the effective date of termination . ' SC- 15 . 020 Add the following new paragraph immediately after paragraph GC- 15. 02. C: D . CONTRACTOR shall not be paid on account of loss of anticipated profits or ' revenue or other economic loss arising out of or resulting from such termination . SC -15.03 OWNER May Terminate For Convenience SC- 15 . 03 .A. 3 Delete paragraph GC- 15. 03.A . 3 in its entirety. SC -15.04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04.A : SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A : ' SC -16 DISPUTE RESOLUTION SC- 16 . 01 . A. Delete paragraph GC- 16. 01 . A in its entirety and insert the following paragraph in its ' place: A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th ' Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any ' dispute . SC - 17 . 05 Controlling Law SC- 17 . 05 . A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph in its place: ' 0399-00800 - supplementary Conditions.doc 00800- 11 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SC- 17 . 06 Liens A . This project is a " Public Works" 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 , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does ' hereby release , remiss and quitclaim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . ' + + END OF SUPPLEMENTARY CONDITIONS+ + 1 0399-00800 - Supplementary Conditions.doc 00800- 12 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00800 - Supplementary Conditions.doc Rev. 05/01 1 SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : ' OWNER : Indian River County CONTRACTOR Contract : ' Project : OWNER's Contract No . ENGINEER's Contract No . ENGINEER ' You are directed to make the following changes in the Contract Documents : Description : ' Reason for Change Order: Attachments : ( List documents supporting change ) ' CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : (days or dates ) Substantial Completion : Final Completion : Net Increase ( Decrease ) from $ Net change from previous Change ' previous Change Orders No . Orders No . to (days ) to Substantial Completion : Final Completion : ' Contract Price prior to this $ Contract Time prior to this Change Change Order: Order: (days or dates ) Substantial Completion : Final Completion : ' Net increase (decrease) of this $ Net increase (decrease ) this Change Order: Change Order: (days or dates ) Substantial Completion : ' I Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : I (days or dates ) Substantial Completion : ' I Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) ' Date : Date : Date . 0399-00942 - Change Order Form . doc ' 00942 - 1 FAEngineering\Capital Projects\0399 North County Regional Park, Phase IR0399 Contract Docs\0399-00942 - Change Order Forrn.doc Rev. 05/01 1 1 1 1 1 1 1 APPENDIX 66A99 r ' At DEPARTMENT OF THE ARMY PERMIT ' Permittee : Indian River County Permit No : 200004024 ( IP - ST ) ' U . S . Army Engineer District Jacksonville ' NOTE : The term " you " and its derivatives , as used in this permit , means the permittee or any future transferee . The term " this office " ' refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer . ' You are authorized to perform work in accordance with the terms and conditions specified below . ' Proiect Description : The placement of 42 . 0 acres of fill in wetlands for the construction of a regional park including swimming facilities , ' sports fields with support buildings , and infrastructure including paved and grassed parking and roads , and storm water management facilities . The work described above is to be completed in accordance ' with the 5 pages of drawings and 3 attachments affixed at the end of this permit instrument . Proiect Location : The project is located off State Route 512 , in Sections 22 , Township 31 South , Range 38 East , Fellesmere , Indian River County , Florida . ' Latitude & Longitude : Latitude . . . 11 . 270 46 ' 26 " North Longitude . . . . . 80 31 ' 17 " West ' Permit Conditions tGeneral Conditions : 1 , he time limit for completing the work authorized ends on 3 2 0 06 If you find that you need more time to ' complete the 'futhorized activity , submit your request for a time tPermittee : Indian River County Permit No : 200004024 ( IP - ST ) ' Page 2 extension to this office for consideration at least one month before the above date is reached . 2 . You must maintain the activity authorized by this permit in ' good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity , although you may make a good faith ' transfer to a third party in compliance with General Condition 4 below . Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith ' transfer , you must obtain a modification of this permit from this office , which may require restoration of the area . ' 3 . If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit , you must immediately notify this office of what �. you have found . We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places . 4 . If you sell the property associated with this permit , you must ' obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization . S . If a conditioned water quality certification has been issued for your project , you must comply with the conditions specified in ' the certification as special conditions to this permit . For your convenience , a copy of the certification is attached if it contains such conditions . ' 6 . You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it ' is being or has been accomplished in accordance with the terms and conditions of your permit . ' Special Conditions : 1 . The permittee agrees to compensate for the unavoidable impacts to wetlands by preserving 15 . 22 acres of wetlands and 42 . 78 acres of uplands . All preserved wetlands will be enhanced as follows : • r r ' r ' Permittee : Indian River County Permit No : 200004024 ( IP - ST ) ' Pacte 3 ' a . ) preserve and enhance Wetlands 3 and 4 ( 5 . 36 acres ) . See areas A and B1 depicted in Attachment 3 . Hydrology will be restored by installation of ditch blocks ( at elevation 19 . 4 feet ) in the swale that drains the wetlands and planting wetland ' vegetation including Spartina bakeri in these wetlands . Bahia grass will be reduced with herbicide application throughout the mitigation sites ; b . ) restore hydrology and vegetative diversity on adjacent pasture lands ( 37 . 15 acres ) within the buffer preserve ( See Attachment 1 , p . 5 , ( B2 , C , E , F , G , H ) ) . Hydrologic restoration will be accomplished with ditch blocks along the main . access road . Restoration of hydrology is expected to result in recruitment of some native vegetation . The permittee agrees to planting of Acer ruber , Quercus laurifolea , and pinus elliottii seedlings . Experimental plots of saw palmetto and wiregrass will be included ; c . ) preserve approximately 4 . 98 acres of forested area along the south boundary of the project site ; and d . ) preserve and enhance approximately 16 acres contiguous with the area surrounding wetlands 3 and 4 . The permittee agrees to hydrologic restoration accomplished with ditch blocks and planting the area to accomplish vegetative diversity . 2 . The permittee agrees to perform the following compensatory mitigation as required in the special conditions numbers 25 , 26 , 29 - 38 , St . John ' s River Water Management District ( SJRWMD ) permit ( see Attachment # 1 ) : 3 . The permittee agrees to place all of the created , enhanced , and preserved wetlands and uplands noted in Special Condition 1 above under a conservation easement to insure their continued protection . 4 . Within 60 days from the date of the permit instrument , the permittee will have a legally sufficient conservation easement prepared to ensure that the mitigation site , shown on the ' enclosed drawing , will remain in their natural state in perpetuity . These natural preserve areas will not be disturbed by any dredging , filling , land clearing , agricultural activities , planting , intensive recreation , or any other work whatsoever except for those activities noted in the attached mitigation plan ( Attachment # 3 ) , and the SJRWMD permit conditions ( Attachment # 2 ) . These activities will include the initial exotic removal , replanting where necessary , and the annual maintenance and replanting ( if needed ) which will continue in perpetuity . The permittee agrees that the only future utilization of the ' Permittee : Indian River County Permit No : 200004024 ( IP - ST ) Pacre 4 preserved areas in question will be as a purely natural area . The permittee will prepare the proposed deed restriction , including a description , to include scaled drawings , of the area in question and furnish the same to the Jacksonville District ' Office of Counsel c / o , Army Corps of Engineers , Regulatory Division , Enforcement Branch at P . O . 4970 , Jacksonville , Florida 32232 or by telephone at ( 321 ) 449 - 9331 for legal review and approval . Within 30 days of Corps approval of the proposed restriction , the permittee will record the restriction in the public records of Brevard County , Florida and a certified copy of the recorded document and plat will be forwarded to the Jacksonville District Office . 5 . Wetland mitigation must be implemented in accordance with the schedule included in the mitigation plan , please see Attachment # 3 . Initial mitigation activity for each phase must be completed prior to commencement of construction on that phase , all planting and seeding must be completed prior to the use of the infrastructure for its intended use . 6 . A monitoring plan will be implemented within the mitigation areas onsite and will continue for a minimum of 5 years , but will be extended if the wetlands and prairie do not meet the success criteria for the final two consecutive years . The success criteria for the mitigated areas will be obtained when the vegetative cover equals to or exceeds 80 percent cover of the surface area and nuisance / exotic vegetation is less than 10 percent cover . For more detailed information , please see Attachment # 3 . 7 . The permittee agrees that all monitoring reports generated by the mitigation plan ( Attachment # 3 ) will be mailed to the U . S Army Corps of Engineers , Regulatory Division , Enforcement Branch , Post Office Box 4970 , Jacksonville , Florida , 32232 - 0019 . Each ' monitoring report must include the following items : 8 . the Department of the Army Permit number , ' 9 . the sequence number of the report being submitted , 10the date the next report is expected to be submitted , and ll . a brief summary of the status of the mitigation including ' any problems encountered and the remedial actions taken . ' 1 ' Permittee : Indian River County Permit No : 200004024 ( IP - ST ) Page 5 12 . The permittee agrees to abide by the success criteria schedule of work noted in the mitigation plan ( Attachment # 3 ) . A request for a final inspection should be submitted with the last monitoring report . The Corps will make the final success ' determination . ' 13 . The permittee agrees to perform work only in the following areas which have received a water quality permit / certification from the State of Florida , St , John ' s River Water Management District ( SJRWMD ) permit . The permittee understands that no work ' is authorized in any other wetland areas on the project site than depicted in the drawings in Attachment 1 of this permit instrument , until such time as this permit instrument is modified ' to included the other wetland areas . Further Information : 1 . Congressional Authorities : You have been authorized to undertake the activity described above pursuant to : ( ) Section 10 of the Rivers and Harbors Act of 1899 ( 33 U . S . C . 403 ) . ( x ) Section 404 of the Clean Water Act ( 33 U . S . C . 1344 ) . ( ) Section 103 of the Marine Protection , Research and Sanctuaries Act of 1972 ( 33 U . S . C . 1413 ) . ' 2 . Limits of this authorization . ' a . This permit does not obviate the need to obtain other Federal , State , or local authorizations required by law . ' b . This permit does not grant any property rights or exclusive privileges . C . This permit does not authorize any injury to the property or rights of others . r rPermittee : Indian River County Permit No : 200004024 ( IP - ST ) rPacre 6 d . This permit does not authorize interference with any existing or proposed Federal projects . 3 . Limits of Federal Liability . In issuing this permit , the ' Federal Government does not assume any liability for the following : ' a . Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes . r b . Damages to the permitted project or uses thereof as a g result of current or future activities undertaken by or on ' behalf of the United States in the public interest . C . Damages to persons , property , or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit . r d . Design or construction deficiencies associated with the permitted work . r e . Damage claims associated with any future modification , suspension , or revocation of this permit . 4 . Reliance on Applicant 's Data : The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided . 1 5 . Reevaluation of Permit Decision : This office may reevaluate ' its decision on this permit at any time the circumstances warrant . Circumstances that could require a reevaluation include , but are not limited to , the following : ra . You fail to comply with the terms and conditions of this permit . rb . The information provided by you in support of your permit application proves to have been false , incomplete , or ' inaccurate ( see 4 above ) . 1 1 Permittee : Indian River County Permit No : 200004024 ( IP - ST ) Page 7 C . Significant new information surfaces which this office did ' not consider in reaching the original public interest decision . ' Such a reevaluation may result in a determination that it is appropriate to use the suspension , modification , and revocation procedures contained in 33 CFR 325 . 7 or enforcement procedures ' such as those contained in 33 CFR 326 . 4 and 326 . 5 . The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate . You will be required to pay for any corrective measures ordered by this office , and if you fail to comply with ' such directive , this office may in certain situations ( such as those specified in 33 CFR 209 . 170 ) accomplish the corrective measures by contract or otherwise and bill you for the cost . 6 . Extensions : General Condition 1 establishes a time limit for the completion of the activity authorized by this permit . Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision , the Corps will normally give favorable consideration to a request for an extension of this time limit . ' Permittee : Indian River County Permit No : 200004024 ( IP - ST ) Page 8 Your signature below , as permittee , indicates that you accept and agree to comply with the terms and conditions of this permit . One index page and 3 attachments : ( Drawings , Water Quality Certification , and Mitigation and Monitoring Plan ) totaling 43 pages , are affixed behind this signature page . -'Pr' 9.1 OD ' VtRMIT ) ( D E ) This permit becomeC effective when the Federal official , designated to act for the Secretary of the Army , has signed below . DISTRICT ENGINEER ) ( DATE ) ' ames G . May Colonel , U . S . Army ' When the structures or work authorized by this permit are still in existence at the time the property is transferred , the terms and conditions of this permit will continue to be binding on the new ' owner ( s ) of the property . To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions , have the transferee sign and date below . ' ( TRANSFEREE - SIGNATURE ) ( DATE ) ' ( NAME - PRINTED ) ( ADDRESS ) ( CITY , STATE , AND ZIP CODE ) Permittee : Indian River County Permit No : 200004024 ( IP - ST ) Paste 9 Attachments to Department of the Army Permit Number 200004024(IP4T) ' 1 . PERMIT DRAWINGS : ( 5 ) pages , dated 17 January , 2001 . CERTIFICATION : 2 . WATER QUALITY CER Specific Conditions of the water quality permit / certification in accordance with General Condition number 5 on page 2 of this DA permit . ( 9 ) pages . 3 . Mitigation and Monitoring Plan : Specific details of the mitigation plan submitted by the applicant , ( 20 ) pages . 505 ` >. t r SALE* N 1s A 14 17 15 ! ' 20 21 . . � an f ! 1J C:j "of 1 512 -1.5MERE _ ,'�iw19 Ec+'aai. _ 1 • G G 12 ND am DT 1 � - - __ Vero Lake ai �R - tater 3�-n967 , r • , O O ' - NgnGT � ' 1 29 28 � 27 ,, 26 r ! WAND&" n a i rof' St4fm tE APPL # Zf 7P- ST) APPL # e4 —Ptal - LPLe,954� — I VTE 1-t �a:.nwgky Q1.ING PAGE OF _�51 INDIAN RIVER NORTH C OUNTY REGIONAL PARK ARTIVEdRIA"Affll M M M M.--M-M M M INDIAN RIVER COUNTY, FLORIDA PARK SOILS MAP AND FLAGGED WETLANDS MAP NORTH REGIONAL PARK BOUNDARY Q FLAGGED WETLAND BOUNDARY SOILS WITHIN PARK 0 Electra fine sand, Q to 5 percent s Manatee mucky loamy fine sand, depr Riviera fine sand ® Wabasso fine sand . . .` w vole: UV1ERA FINE SAND HAS APPROX. 52% � "ASTURE WET LANDS; 18 % IS FLAGGED WETLANDS. • ` ` • ` ' ,\ '`� \ \ ` ' `,'•` ` \ oft 35 % OF W-4 IS WITHIN MANATEE MUCKY ` _ GAMY FINE SANDgDL' PRESSIONAL at ': �:: -\ -' •• 'e � . •, PROJECTION: UTM ZONE 17 , DATUM.• NAD 83 �� ` ' ��� • , ' UNITS • METERS BACKGROUND IMAGE: OMITTED DIGITAL ORTHOQUAD ( DOQ95) 1METER GROUND RESOLUTION C . R . 512 ALL FEATURES DEPICTED OW THIS MAP WERE DIGITIZED FROM DOQ95 AND LOCATIONS ARE APPROXIMATE, v � 1 ct4741 COE APPL # acxxx� µoa �F(=P - S7' N -ADPL # 4 / - 1¢(o �'Sla - � C , 400 0 400 800 12001600 Feet DATE 1-1 SmnLkgr Q� V 30 camsw��`' DRAWING PAGE OF 599 - - - '— — . DEVELOPMENT PLAN PHASE SCHEDULE PHASE B DESCRIPTION PHASE 1A ENTRY ROAD, POOL FACILITY, PAVED PARKING, GRASS PARKING, DRIVE CONNECTION TO MIDDLE SCHOOL, RETENTION LAKES A 6 E Ii/ER PHASE 16 LAZY RFACILITY u tsts lw ao ;; PHASE 2 BALL FIELDS / SUPPORT BUILDINGS, RETENTION tst • t LAKES Be C, &D `; ' •} PHASE SA PLAYGROUND d ADJACENT SIDEWALK •�ssss�s$�� � =r - - � ._..._ PHASE DB RAILROAD CAR AND TRACK DISPLAY II f L..r� PHASE BC BOARDWALK 7 OBSERVATION DECK AT RETENTION �•..,:>•' j Ii 3 - -- — LAKE E ___ . _ PHASE 4 SOCCER FIELDS, PARKING, & RESTROOMS Hosea j ' 4 1 numL� .,,. �:aT . .s .�• ..• .. .' i PHASE B _ R512 WET DETENTION LAKE TO BE CONSTRUCTED AND PERMITTED BY OTHERS. (NOT IN THIS �S ji > m"°e1H CONTRACT) ff i1 �� . , y fl,Nt 10110rµOOt AOA , ASA LIRNmm NM O,mpNAM AAA"KM0MLVA"AVA OmQ11ApA OA� OIA,M , �' � ..._..-i '3 - i \'•'^ `3 (II ii '; ti et w .,as sow uar,0111", mrssasa =� ! 1 ' ~Y�a\ ��• }. � •� as m ra u V. m!O.M00f. VOLON V. M00 ,```:. i ,. , • \\ . :': 1'i.! E �« /aro.r. M.w V. ua0r. 0 elm w > . Or uou.tu.SA toms L.. No V. AlwAff sawV 000 am MOL v, p0A1. 0 0 V sc PAI ' `4�•:. t- _--•__.._...._.—.__ �a : . . . / +•i� • mp 0 0 RAN V. �ppOp Y ` . OTdIMWATR '�, `a, ' i Mp IMf,NiY. fJmV. 0 0 YMOAN V. OL! th WWAOeL1C1T • - _ i •,� • 0 m00 LLA /tlOYVI . •. nvmt _ ;.•� \ 1- .jail Ii • "• - �!�` S y `t. l L.y Z. Ul IOU � ' l n `' i € ' • L W N iil it i d JimL 4' I• �.I N -'-� S z � r� / ! �C� ! �, r f Y y •! ' � I R•4.y1�!I ' , fl: its L 2 LL 82 . .. . . .__. .._.._. 2. _ w t::.- -' :-.•, ...:__ .. .. „_:�.,'r ! : I � .,+ .EAT--� , ... - - - SCALEs I, 1 CCF. ADPL # a ' OESIGlE6 J,�` ��/ cx�q� �f / - =rte - s-r � ���. . _ . ..._. . . ._... . . APPL A ( - 0(c - ( a(og5Liz I CHECKED DATE 1 -1 5n n ry bl 'R°A "°, DRAWING PAGE 3 OF - SHEET PH s or Whi VISUAL DUFFPLA NTING - 5 s ' � - ', �' "� , s ' , ER EEDUNG ss) ori +... i'. :, r It - Scala: 1• . 160' +.•. ... i r.�1 . ;' T' s T' '� .. . i.�1-� ?'. ' '� ` .. ttoo • ,i � . •. + ' r • �• ' -� ^ ° +� ! NATIVE GRASS HAE(TAT' + \ ` • • am. ' "{, MI . I' .. ON AREA (TYP.) It j . `��•, r ' ' . :6EEENLIRGEDPLAN to t ` at to A • : . . V: If , °. , , ', 14E71JtliD5BUFFto to IN I ER Vote Y �, ' ' j ( ' �, ' PLOOD ZONE X. : : , WTIV_ do is SEE ENLARGED PLAN , • � 1. I-�: . •lv ' + ; ON SHEET 5P-6 fl ' 1 - • , : •,. -.,.•� , FLOOD ZONE _ .'•'��1 ,,. t, . . - ' .�+ A. f` Le �L;� �^ . T i� �. : -' .� �11 1. or . - 1 wows•• .�.boa.... uo.... . bK r. .,• .� [ •%'� : .,'. .'�r t r FLOODZONEX . : "�.' E �..4p - " • . , FLto D ZOB1E I ' rwosw w �lwwwwwwwwfwwwwwr�wrw:w•oww wssswwwsw O ��;► rr i ll a Joe, It r r ot, r,•r ya, e ■ 1 wowwwwiw .....o..-...�.o�.. . ` t .. r , Ito . ., . i rIV r f �IETLANDS AS DEFINED i '' c a ' I,R�3ERVED 6Y HABITT L ' E •! .+ • ` , . y k (1YP.) ) C r UPLANDS (IM.) I to Vote. Vi . 6o Not to /r •t . 6 96E ENtAROED TIhryA41 � ' i y ' ' FLOOD ZONEX 5 ` »ti�'T Ver fi ; ' \,`\� . .�. - ON SMS SP--B�..- to; ` i • • S• . . y • ,•! i . •.i <.c' e [. . wrl;r • � . 4i. + ia 1., %RFCOOCIZONEA 1i WOW . , . % , .� ,J ;oo :Ii �t 2 :-„1• , ` l•. .� 1. -t •d„ r . � . Ir.zJ.. + , rs le If at 4 aaae ille �., .: jy;;;'tlrj5t !t : ,. '. �f . � : , a . .. ratio' • �. :F.. _ . a. * akOODZONEA { * � L��r 'z1; -.7�rPV* ” « ue;IVIi t-. ' '� ilwwow ..w..i . . ' . •FLD X•[ • . ,. Iff t f r at IL MIIIo� all (k ' . .. !' L, v at .»io- � 4 i )' tt •.z: *-Ix..:.: _ 0 MOW. or I IT ..tf ' mot Veto 'A. 1r 3. !. �, t•$S•i,. , ¢ wa't1 C. • . .� ,yr. • C - T s• ® '1 ! • •n • - {�Ih 1 ` � ' h +�• q • ,,,. 1 � • y, "•1jzI to � Y r ' . r - I• .• -�1-� -}'1 I It t . .` . • t �'I x ' ` . . atpq 0 IF #too • � .1;; . SEE ENLAGEDPLAN! ` 7y ONS SP-5 I .. ' to . 41 ' r i F All Islas 4L=o: ;*.. • „ ' .r�`riiiiiiiii IV .+-- »,•.,,• .,,mow. ,,, i C— FLOOD SANEX •�.< ! .'�'" Vill _ i • oWOW t opt • l J to r: •( rC 'J.. --. _. - • .,� . w it --- ---- .. • . . •. .- . , . ,;i ," a � � - - I . . .Iswwbswww .. wowswowa wws ww . . - •;tw .. t . . ,ea ., ` ' , . .-.Y.o.. 0 a • •uswam 1i/ .o.l 1 0. 1. to ad: =u . . . , -t .._t _ - '? ,^. ' , . SEE ENURGED PLAN It "•'`.' . . . ;ii+ ON SIET SPI ' COE ADPL # c) 00/ `><(�? Pt APPL 4� - U(Dl- I9Co $S� ) ' DATE I I Too, AL4 p I - DRAWING PAGE OF NORTH REGIONAL PARK INDIAN RIVER COUNTY, FLORIDA / MITIGATION AREA MAP / DRAINAGE CANALS DITCHES/SWALES PLUGGED OR FILLED / NORTH REGIONAL PARK BOUNDARY MITIGATION AREAS � A ® B �Sl C c E w -3 rn®rn D B2 4 " E / © F / w ® G DITCHISWALE TO B7 ` y H I p SE FILLEDI LUGGED ` W PRESERVE / PARK ILI w H A PROJECTION: UTM ZONE 17 DATUM: NAD 83 UNITS : METERS BACKGROUND IMAGE: DIGITAL ORTHOQUAD ( DOQ95) PRESI:RV ,` 1METER GROUND RESOLUTION 0000: NOT INCLUDED ALL FEATURES DEPICTED ON THIS MAP WERE C . R . 512 ' DIGITIZED FROM DDQ95 AND LOCATIONS ARE APPROXIMATE. N COE APPL # DER APPL # _ p _ _ DATE ? NC . 400 0 400 eoo 1200 1600 Feet . o� DRAWING PAGE �_ OF 130 - �I COH51dn��'� -6599 Department of Aw " 3 j } Environmental Protection M ' Central District Jeb Bush 3319 Maguire Boulevard, Suite 232 David B. Struhs Governor Orlando, Florida 32803- 3767 Secretary ' INDIAN RIVER COUNTY �,� � 5 6789 / 1840 25TH STREET 4JL lli VERO BEACH FL 32960 o No ZUUO f co Re.ce4v ' ENGINEEki] iti ATTENTION CHRIS KAFER PE ' COUNTY ENGINEER Indian River County - CS Project : North County Regional Park Served by : IRCUD/North WWTP ' Serving : A Swimming Complex and Associated Amenities Generating : 6,233 GPD File Number : 0038931 ' Dear Mr. Kafer: ' We received your Notice of Intent to Use a General Permit on October 27, 2000 . Pursuant to Rules 62-4 (Part III) and 62-604 . 700, Florida Administrative Code, you may not ' begin construction until thirty (30) days from that date and your use of the General Permit is subject to the attached conditions . Please be advised that the construction must conform to the description contained in your Notice of Intent to Use a General Permit and that any deviation therefrom will subject the permittee to enforcement action and possible penalties . ' Sincerely, ' Alvin Castro , P .E. Program Manager Domestic Waste ' Date : -/ / /3 d AC/cp/cs ' Attachment : Specific and General Conditions cc : Patrick S . Walther, PE "More Protection, Less Process" Printed on recycled paper. ' )<. Specific Conditions 1 . The permittee or his engineer of record shall file with the Department upon completion of the work a copy of the plans and specifications for the system " as built. " [62-604 . 700(2)(a) , 12 -26 -96] ' 2 . Prior to placing the system in service, the engineer of record shall submit for Department approval a Certification of Completion of Construction (DEP Form 62- 604 . 300 (7)(b) ) . [62-604 .600(2) , 12-26-96] ' 3 . This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required. [62-604 .700(2)(b) , 12-26-96] ' H. General Conditions 1 . The terms , conditions, requirements, limitations , and restrictions set forth in this Part are " general permit conditions " and are binding upon the permittee . The conditions are enforceable under Chapter 403 , F .S . ' [62-4 . 540( 1 ) , 12- 15 -98 ] 2 . The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result in suspension or revocation of the permittee's use of the general ' permit and may cause the Department to begin legal proceedings . [62-4 . 540 (2) , 12- 15 -98 ] 3 . The general permit does not convey any vested rights or any exclusive privileges. It does not authorize any ' injury to public or private property nor any invasion of personal rights . It does not authorize any infringement of federal, state or local laws or regulations . It does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law . [ 62-4 . 540(3 ), 12- 15 -98] 4 . The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare ; causes harm or inj rmury to animal, plant ' or aquatic life ; or causes harm or injury to property . It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules . [62 -4 . 540(4) , 12 - 15 -98] 5 . The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title . It does not constitute authority for reclamation of submerged lands . Only the Board of Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-4 . 540(5) , 12- 15 -98 ] ' 6 . No general permit shall authorize the use of state owned land without the prior consent of the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 253 . 77, F . S . [ 62 -4 . 540( 6), 12 - 15 -98] 7 . The general permit may be modified, suspended or revoked in accordance with Chapter 120, Florida Statutes, if ' the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false , incomplete or inaccurate data or information. [62-4 . 540 (7) , 12- 15 -98] ' 8 . The general permit shall not be transferred to a third party except pursuant to Fla. Admin. Code Rule 62 -4 . 120 . [62-4 . 540( 8) , 12- 15 -981 9 . The general permit authorizes construction and where applicable operation of the permitted facility . ' [ 62 -4 . 540(9) 2 12- 15 -981 10 . The permittee agrees in using the general permit to make every reasonable effort to conduct the specific activity ' or construction authorized by the general permit in a manner that will minimize any adverse effects on adjacent property or on public use of the adjacent property, where applicable , and on the environment, including fish, wildlife, natural resources of the area, water quality or air quality . [62-4 . 540( 10) , 12- 15 - 98] ' 11 . The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the Department ' rules . [62-4 . 540( 11 ) , 12 - 15 -98] 12 . The permittee agrees to maintain any permitted facility, or activity in good condition and in accordance with the plans submitted to the department under Rule 62 -4 . 530( 1 ) . [62 -4 . 540( 12) . 12 - 15-98 ] 13 . A permittee's use of a general permit is limited to five years , However, the permittee may request continued use of the general permit by notifying the Department pursuant to Rule 62-4 . 530( 1 ) . However, the permittee shall give notice of continued use of a general permit thirty days before it expires . [62-4 . 540( 13 ) , 12 - 15 - 981 1 �� 5r k Department of i MC q............... ........... .11 FF a Environmental Protection a . Twin Towers Office Building 1 Jeb Bush 2600 Blair Stone Road David B. Struhs Governor Tallahassee, Florida 32399 -2400 Secretary ' Dear Permit Recipient : ' RE : Continual Permit Recipient Satisfaction Survey The Department of Environmental Protection (DEP) is interested in your views regarding 1 our permitting process . Your response to the attached survey will enable us to evaluate and improve permitting processes at the Central District Office . Please take a moment to complete the attached survey . Once completed, enclose the survey in the self-addressed 1 stamped envelope and mail it as soon as possible . ' The results will be compiled into a report . This report will not include individual or company names . Anonymity will be provided to all survey participants . Thank you for helping us improve the services we provide to you. If you have questions or comments in 1 this regard, feel free to call Kathy Carter or Efrain Suarez at (850) 488 -2287 . Sincerely, 1 ' 1 Pinky G . Hall Inspector General Enclosure "Protect, Conserve and Manage Florida's Environment and Natural Resources" ' Printed on recycled paper. Continual Permit Recipient Satisfaction Survey tPlease evaluate the Central District based on your experience obtaining the permit you just received . G1 . Are you a provider of professional assistance for the purpose of receiving permits from DEP ? ❑ Yes (Ex: consultants or agent) 0 No PIease Rate the Following Items Based Level of Agreement i t3n' . :. . . . . . . :•r. .t3#£(3i�: .' on Your Experiences with the District : str .,. r}:•}J::'�u:.; . . v:.M:v ::::. :: -I. • v::f..irhi:?4..?4iti: ':•S:v:� �•i:•:�$ ;ii::•:^:.•.x:. : :.{ .: .J.. ii:'{:{.ice{�:{ti::�i:�: ::j{}{.::•ii: O . . \:•. . rf:}ii}0 ::;:: :•:;}}: :': ::r,:?•r::: :::: }?• v- ::!: •r::: :.v:• •: F.:?:v (Circle or check only one option) ��•} G2 - DEP District permitting processes 4 3 2 1 0 (0) help protect the environment. G3 - DEP District permitting processes 4 3 2 1 ❑ (0) hell) rotect vublic health . G4 - Comments related to G2 and G3 : A. What best describes how you felt 0 Very ❑ ❑ ❑ Very after completing the permitting process ? Satisfied Satisfied Dissatisfied Dissatisfied :. .; . JfI7Eu B . How could we improve our operations ? Satisfaction Level ..:?$.•:.4:}?•{:.i•.�.:}h,:.}:�T:�..4'-. .vF. .' f.t•:.,+{.:•}{,i\}:::?. Y::{:%.v}i.:::.^•.•.:}•:::.}::?}J::::r:.::.::y:.:::.iii::•:::.}}.::::i>:4.' .iiv�-:•::..vy:.::vY.?.v.:.•:.4•'r.-Y:::1::•.r}:..:.{:;•.{:•.:4:..::{.}•.•:. .::{ir:J,'i•,Y.ii},[...}/•.•..�.:....}{}::}f:..}4::::•{.::•:?}:{?::-v::vi{.i..,Jv:i.:,:i.}::::::::;J:rnr•.-:f�•:•r.•v:.v v':;.;:•v•}.•:i. ::i4'r•:4{<:ie.r..:}:{.;::?�f}...rj.. :.::•8k;:;ii'''rv..: ?M:%:{•.-:/?.y:Iv� }yl.::Please Rate Your Satisfaction With : • i: ii <s heck nl neo tion .h>: lse . ;:{: 1 # at3sCt :?.,.:. . . ' (Circle or c a o . . :. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . .. . . . . . .: . . .. 1 - The way staff treated you 4 3 2 1 ❑ (0) 2 - Staff returning phone calls 4 3 2 1 ❑ (0) ' 3 - Information provided to you 4 3 2 1 ❑ (0) 4 - Efficiency of permitting process 4 3 2 1 0 (0) For official use only. Issued Month : ' Program ❑ Air ❑ Waste X Water ❑ ERP Unit LO SW ❑ HW 0 PW 0 I«' 9 DW 0 UIC ❑MSSW 0 ERP R � � � C s Department of Y= 1 Environmental Protection Central District Jelo Bush 3319 Maguire Boulevard, Suite 232 David B. SEruhs Governor Orlando, Florida 3280M767 Secretary INDIAN RIVER COUNTY RECEIVED 1840 25TH STREET • i • FL 32960 ' 1 CARTER 2000 ATTENTION CHRIS KAFER PE COUNTY 'ENGINEER ASSOCIATES IndianRiverCounty ServedProject: North County Regional Park by: iIRCUD/North WWTP • Swimming Complex a / Associated • 1 - nities • ,233 • D 00 38931 Dear receivedWe your Notice of • Permit on October111 Pursuant to Rules . / 62 -604 . 700, • / . Administrative Code, you • begin construction until thirty (30) days from that date and your use of the General Permit is subject to the attached conditions . Please be advised that the construction must conform to the description contained in your Notice of Intent to Use a General Permit and that any deviation therefrom ill / the permittee • enforcement action / possible penalties . Castro ,Alvin P .E . Program • • • _ Domestic D . Im • ttachment : Specific and GeneralConditions PatrickS . • "More Protection, Less Process " Pfinte . on recyded paper. I. Specific Conditions 41 1 . The permittee or his engineer of record shall file with the Department upon completion of the work a copy of the plans and specifications for the system " as built. " [62- 604 .700(2)(a), 12-26-96] ' 2 . Prior to placing the system in service , the engineer of record shall submit for Department approval a Certification of Completion of Construction (DEP Form 62- 604 .300(7) (b)) . [62-604 . 600(2), 12 -26-96] 3 . This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required. [62 -604 .700(2)(b), 12-26-96] ' II. General Conditions 1 . The terms , conditions, requirements , limitations , and restrictions set forth in this Part are "general permit conditions " and are binding upon the permittee . The conditions are enforceable under Chapter 403 , F. S . [62 -4 .540( 1 ) , 12 - 15 - 98 ] 2 . The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result in suspension or revocation of the permittee's use of the general permit and may cause the Department to begin legal proceedings . [62-4 . 540 (2) , 12- 15 -98] 3 . The general permit does not convey any vested rights or any exclusive privileges . It does not authorize any injury to public or private property nor any invasion of personal rights . It does not authorize any infringement of federal, state or local laws or regulations . It does not eliminate the necessity for obtaining any other federal, - ' state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law. [62-4 . 540(3) , 1245 -98 ] 4 . The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare ; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules . [62-4 . 540(4) , 12- 15-98] 5 . The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title . It does not constitute authority for reclamation of submerged lands . Only the Board of Trustees of the Internal Improvement Trust Fund may express State opinion as to title . [624. 540(5) , 12 - 15- 981 ' 6 . No general permit shall authorize the use of state owned land without the prior consent of the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 253 .77, F. S . [62-4 . 540(6), 12 - 15-98 ] 7 . The general permit may be modified, suspended or revoked in accordance with Chapter 120, Florida Statutes, if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information. [62-4 .540(7), 12 - 15 -98] 8 . The general permit shall not be transferred to a third party except pursuant to Fla. Admin. Code Rule 62-4 . 120 . [62-4 . 540( 8)2 12- 15 -98 ] ' 9 . The general permit authorizes construction and where applicable operation of the permitted facility. [ 624 . 540( 9) , 12 - 15-98] 10 . The permittee agrees . in using the general permit to make every reasonable effort to conduct the specific activity or construction authorized by the general permit in a manner that will minimize any adverse effects on adjacent property or on public use of the adjacent property, where applicable , and on the environment, including fish, wildlife, natural resources of the area, water quality or air quality. [62-4 .540( 10), 12- 15- 98] 11 . The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the Department ' rules . [62-4 . 540( 11 ), 12- 15 -98] 12 . The permittee agrees to maintain any permitted facility, or activity in good condition and in accordance with the plans submitted to the department under Rule 62-4 . 530( 1 ) . [ 62 -4 .540( 12) , 12 - 15 -98] 13 . A pemmittee's use of a general permit is limited to five years . However, the permitteee' may request continued use of the general permit by notifying the Department pursuant to Rule 62 -4 .530( 1 ) . However, the permittee shall give notice of continued use of a general permit thirty days before it expires . [ 62-4 . 540( 13 ) , 12 - 15 -98 ] �t1� Q�tEQ10.� �• NJ Department of '�'rY '£xr_vC yMi 1wP , � Y } Environmental Protection OYIt'+G. i&'rYV§rGu3ni.:d"85Yv' Pi"�'r�+M1T.}li ,&•rixPi=�= ..triF.I�+uf 01 ' Central District Jeb Bush 3319 Maguire Boulevard, Suite 232 David B. Struhs Governor Orlando, Florida 32803- 3767 Secretary ' CERTIFIED MAIL NOTICE OF PERMIT ISSUANCE c�2627 ?8 'LQ2 p�f 7099 3400 0010 5337 8672 410 Indian River County 1840 25th Street ' Vero Beach, FL 32960 r Attention : Christopher Kafer, P . E . County Engineer � � Indian River County - PW Indian River County Utilities North Countv Regional Park - Dear Mr . Kafer: Enclosed is Permit Number WD31 -0039206- 192 to construct a water distribution system extension issued pursuant to Section 403 . 861 (9), Florida Statutes . The Department ' s proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120 . 569 and 120 . 57 of the Florida Statutes before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below . A person whose substantial interests are affected by the Department ' s proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120 . 569 and 120 . 57 of the Florida Statutes . The petition must contain the information set forth below and must be filed (received by the clerk) with : Clerk of the Department of Environmental Protection Office of General Counsel ' 3900 Commonwealth Boulevard, Mail Station 35 Tallahassee, Florida 32399-3000 . Petitions by the applicant or any of the parties listed below must be filed within fourteen days of receipt of this written notice . Petitions filed by any persons other than those entitled to written notice under Section 120 . 60(3 ) of the Florida Statutes must be filed within fourteen days of publication of the notice or within fourteen days of receipt of the written notice, whichever occurs first. Under Section 120 . 60(3 ) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication . The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall ' constitute a waiver of that person ' s right to request an administrative determination (hearing) under Sections 120 . 569 and 120 . 57 of the Florida Statutes . Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28 - 106 . 205 of the Florida Administrative Code . Patty Pittman\31 -0039206192 . doc "More Protection, Less Process' ' Printed on recycled paper. t ' A petition that disputes the material facts on which the Department ' s action is based must contain the following information : ' (a) The name, address , and telephone number of each petitioner; the name, address, and telephone number of the petitioner' s representative , if any; the Department permit identification number and the county in which the subject matter or activity is located ; ' (b) A statement of how and when each petitioner received notice of the Department action ; (c) A statement of how each petitioner's substantial interests are affected by the Department ' action; (d) A statement of all disputed issues of material fact. If there are none , the petition must so ' indicate ; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action ; (f) A concise statement of the ultimate facts alleged, as well as . the rules and statutes which entitle the petitioner to relief; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take . A petition that does not dispute the material facts on which the Department ' s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28- 106 .301 , Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department ' s final action may be different from the position taken by it in this notice . Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above . Mediation under Section 120 . 573 of the Florida Statutes is not available for this proceeding . This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above . Upon the timely filing of a petition this order will not be effective until further order of the Department . Any party to the order has the right to seek judicial review of the order under Section 120 . 68 of the ' Florida Statutes , by the filing of a notice of appeal under Rule 9 . 110 of the Florida Rules of Appellate Procedure with : Clerk of the Department of Environmental Protection ' Office of General Counsel Mail Station 35 , 3900 Commonwealth Boulevard Tallahassee, Florida, 32399-3000 and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal . The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Patty Pittman\31 -0039206192. doc ' SWIM! Department of qkAFtn {r µFS }� Environmental Protection 7x [P 4 w �}(� i T .r y�6- r . ,.�a ik i u�ug fty r moi . *� e N,07070 Goi�w ' Central District Jeb Bush 3319 Maguire Boulevard , Suite 232 David B. Struhs Governor Orlando , Florida 32803 -3767 Secretary ' Permit Number : WD31 -0039206 - 192 Permittee : Expiration Date : 11 /21 /03 Indian River County County : Indian River ' 1840 25th Street Utility : Indian River County Utilities Vero Beach , FL 32960 Project : North County Regional Park Attention : Christopher Kafer, P . E . County Engineer ' This permit is issued under the provisions of Chapter 403 , Florida Statutes, and Rule 62 - 555 , Florida Administrative Code , (F .A . C . ) . The above named permittee is hereby authorized to perform the work shown on the application and approved drawing, plans , and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows : ' Extension of the Indian River County Utilities water distribution system to serve North County Regional Park . The project is located on County Road 512 . The estimated average day water demand is 11 ,550 GPD . This permit does not pertain to any wastewater, stormwater or dredge and fill aspects of the project. r Page 1 of 7 Patty Pittman131 -0039206192 . doc "More Protection, Less Process " Printed on recycled paper. t . Permittee : Permit Number : WD31 - 0039206- 192 Indian River County Expiration Date : 11 /21 /03 1840 25th Street County : Indian River ' Vero Beach, FL 32960 Utility : Indian River County Utilities Attention : Christopher Kafer, P . E. Project : North County Regional Park County Engineer ' GENERAL CONDITIONS 1 . The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are ' binding and enforceable pursuant to Sections 403 . 141 , 403 .727, or 403 . 859 through 403 . 861 , F. S . The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violations of these conditions. ' 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3 . As provided in subsections 403 . 087(6) and 403 .722(5), F. S . , the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit, 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5 . This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized ' by an order from the Department. 6. The permittee shall properly operate and maintain the facility and systems of treatment and control(and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation ' of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to : (a) Have access to and copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and ' (c) Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. ' 8. If, for any reason, the permittee does not comply with or will be unable to comply with any conditions or limitation specified in this permit, the permittee shall immediately provide the Department with the following information : (a) A description of and cause of noncompliance; and ' (b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403 . 111 and 403 . 73 , F. S . Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. ' Page 2 of 7 Patty Pittman\31 -0039206192 . doc t Permittee : Permit Number : WD31 -0039206- 192 Indian River County Expiration Date : 11 /21 /03 1840 25th Street County : Indian River ' Vero Beach, FL 32960 Utility: Indian River County Utilities Attention : Christopher Kafer, P .E . Project : North County Regional Park County Engineer ' GENERAL CONDITIONS 10 . The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for ' compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. 11 . This permit is transferable only upon Department approval in accordance with Rule 62-4. 120 and 62-30. 300, F.A. C. , as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by ' the Department. 12 . This permit or a copy thereof shall be kept at the work site of the permitted activity. of Best Available Gen4el Teezhneieg3r (BAG -peteFminatien of Preventien of Signifleant Deterioration (PSD) GeftifiGatien of eamplianee with state Water Quality StandaMs (Seetien 4 0 1 , PJ= 924WO) _ —G-emplianee with New Sour-ee ...�F==.m=oma St 43idS 14. The permittee shall comply with the following: ' (a) Upon request, the permittee shall furnish all records and plans required under Department rules . During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date the sample, measurement, report, or application unless otherwise specified by ' Department rule. (c) Records of monitoring information shall include: 1 . the date, exact place, and time of sampling or measurements; ' 2. the person responsible for performing the sampling or measurements; 3 . the dates analyses were performed; 4 . the person responsible for performing the analyses; 5 . the analytical techniques or methods used; ' 6. the results of such analyses. 15 . When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be ' corrected promptly . ' Page 3 of 7 Patty Pittman\31 -0039206192 . doc ' Permit Number : WD31 -0039206- 192 Permittee : Expiration Date : 11 /21 /03 Indian River County County : Indian River Verroo ' 18 25th Street Utility : Indian River County Utilities Beach, FL 32960 Project : North County Regional Park Attention : Christopher Kafer, P . E . ' County Engineer SPECIFIC CONDITIONS : ' Clearance of the Project 1. A Clearance Letter must be issued by the DEP Central District Potable Water program before placement of this project into service. Failure to do so will result in enforcement action against the permittee. To obtain clearance letter, the engineer of record must submit the following : ( 1 ) completion of the enclosed " Request for Letter of Release to Place Water Supply System into Service " [DEP Form 62 - 555 . 900 (9) , F .A . C . ] ; (2 ) a copy of this permit; and (3 ) a copy of satisfactory bacteriological sample results taken on two consecutive days from the following locations : ' A . the proposed main at the point of cnonection to the existing 20 -inch main on p P P g County Road 512 ; and ' B . each of the two blowoff locations . 2. NOTE TO THE UTILITY.* Pursuant to Rule 403. 859(6), Florida Statutes, do not provide ' water service to this project (other than flushing/testing) until the Department of Environmental Protection has issued a letter of clearance or the utility, shall be subject to enforcement action. ' Permit Transfer 3 . The permittee will promptly notify the Department upon sale or legal transfer of the permitted facility. In accordance with General Condition # 11 of this permit, this permit is transferable only upon Department approval . The new owner must apply, by letter, for a transfer of permit within 30 days . ' Utilit�Separation — Vertical Clearance 4 . Where water and gravity sanitary sewer mains cross with less than 18 inches vertical clearance or the sewer main is above the water main, the sanitary sewer will be 20 feet of either: ' A . ductile iron pipe , centered on the point of crossing, or; B . concrete encased vitrified clay ; or C . PVC pipe upgraded to water main standards and pressure tested. ' Page 4 of 7 Patty Pittman\31 -0039206192. doc Permittee : Permit Number: WD31 -0039206 - 192 Indian River County Expiration Date : 11 /21 /03 1840 25th Street County : Indian River ' Vero Beach, FL 32960 Utility : Indian River County Utilities Attention : Christopher Kafer, P .E . Project : North County Regional Park County Engineer SPECIFIC CONDITIONS : ' Utility Separation — Vertical Clearance (continued) 5 . Where water mains and storm sewer pipes cross with less than 18 inches vertical clearance, the water main shall be 20 feet of ductile iron pipe centered on the point of crossing . ' Utility Separation — Horizontal Separation 6 . When a water main parallels a gravity sanitary sewer main, a separation (measured edge to ' edge) of at least ten feet should be maintained. Where this separation is not met, one of the following must occur : ' A . the water main is laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer at such an elevation that the bottom of the water main is at least 18 inches above the top of the sewer, or; B . if both sanitary sewer and potable water mains are proposed and the above (A) is not met, the sanitary sewer pipes shall be upgraded to the equivalent pipe material as the water main and pressure tested. ' C . if the sanitary sewer is existing and the potable water main is proposed, the water main shall , at a minimum, be upgraded to ductile iron pipe, constructed in ' separate trenches, laid at a higher elevation than the sanitary sewer, and utilize staggered joints . 7 . Separation requirements between force mains and potable water mains must be maintained ' unless approved in advance by the Department . Construction Notes ' 8 . The PERMITTEE shall be separately responsible for appropriate construction, disinfection and testing beyond the meter to assure potability at the point of use . 9 . Potable water pipes will be disinfected in accordance with AWWA Specifications C651 . 10 . Potable water pipes will be hydrostatically tested in accordance with Specification Numbers C600 and C605/M23 for ductile iron and PVC pipes , respectively . Page 5 of 7 ' Patty Pittman\31 -0039206192.doc i i Permittee : Permit Number : WD31 -0039206- 192 Indian River County Expiration Date : 11 /21 /03 1840 25th Street County : Indian River iVero Beach, FL 32960 Utility : Indian River County Utilities Attention : Christopher Kafer, P .E . Project : North County Regional Park iCounty Engineer SPECIFIC CONDITIONS : iConstruction Notes (Continued) 11 . Potable water pipes must be manufactured in accordance with the following AWWA Specifications : iA . Ductile iron pipe (3 inches to 54 inches) — AWWA C160/C151 ; B . PVC (with National Sanitation Foundation seal) i ( 1 ) AWWA C900/ASTM 1784 (4 inches to 12 inches) with DR25 minimum; (2) AWWA C905 ( 14 inches to 36 inches) ; (3 ) ASTM 1785 or AWWA C905 (less than 4 inches) Schedules 40 , 80 , and 120 or i ASTM 2241 ( SDR 21 minimum) ; C . Polyethylene pipe — AWWA C901 with valves and fittings (AWWA C800) ; and D . Polybutylene pipe — AWWA C902 . iConnection to Existing Water Mains 12 . If connection of the proposed activity to the water main will result in a depressurization of ' the existing system below 20 pounds per square inch, one of the following must occur : A . Precautionary boil water notices must be issued in cases of planned distribution interruptions , which are deemed an imminent public health threat by the DEP i Central District or will affect the bacteriological quality of the drinking water unless the public water system can demonstrate, by sound engineering judgement, i that the integrity of the water system has been maintained; or B . In cases of brief interruption in service , advisories (not boil water notices) should be issued if temporary changes in water quality are expected to occur and not i deemed an imminent public health risk. Air/Vacuum Relief Valves ' 13 . All air/vacuum relief valves must end in a down-turned elbow with at least 12 inches above the surrounding grade unless the wet season water table can be shown to be below the vault bottom . ' Filling of Water Mains 14 . Filling of proposed water mains from existing water mains will be done in accordance with ' AWWA Specification C651 . iPage 6 of 7 i Patty Pittman\3141111206192. doc t ' ' Permittee : Permit Number: WD31 -0039206- 192 Indian River County Expiration Date : 11 /21 /03 1840 25th Street County: Indian River ' Vero Beach, FL 32960 Utility: Indian River County Utilities Attention : Christopher Kafer, P . E . Project : North County Regional Park County Engineer STATE OF FLORIDA DEPARTMENT ' OF ENVIRONMENTAL PROTECTION ' Richard S . Lott, P . G. , P . E . Program Manager, Drinking Water ISSUED ' RSL : om :pp ' Copies furnished to : Patrick S . Walther, P .E . [Carter Associates , Inc . ] Aaron Bowles, P .E . , Environmental Engineer CERTIFICATE OF SERVICE ' The undersigned duly designated deputy agency clerk hereby certified that this NOTICE OF PER2v1JJ ISS ANCE and all copies were mailed by Certified Mail before the close of business on I-7100 to the listed persons . FILING AND ACKNOWLEDGMENT ' FILED , on this date, under Section 120 . 52 (7) , Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged . ' � z Clerk Date Page 7 of 7 Patty Pittman\31 -0039206192 .doc ' BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 4 ' Telephone: (561 ) 567-8000 8/ 16/01 ' ' APPLICANT: ' INDIAN RIVER COUNTY 1840 25TH STREET VERO BEACH, FL 32960- ' INDIAN RIVER COUNTY LAND CLEARING PERMIT PROJECT NO ./PERMIT NO. 2000050084 / 24530 ' PROJECT NAME : NORTH COUNTY REGIONAL PARK PROJECT DESCRIPTION : RECREATIONAL PARK / IMPROVED PASTURELAND TO CoUNTYPARK PROPERTY OWNER' S NAME : INDIANRIVER COUNTY ' LOCATION OF ACTIVITY: 9450 95THST PARCEL NUMBER: 22-3148-00000400040001. 0 THIS LAND CLEARING PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Code . ' The above named applicant is hereby authorized to perform the herein described activity in accordance with the specifications stated herein and provided for in Chapter 927 . This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. ' 1 . LAND CLEARING IS NOT ALLOWED TO COMMENCE UNTIL APPROVAL (OR EXEMPTION VERIFICATION) IS OBTAINED FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD). If you are not sure as to the status of SJRWMD approval or exemption, contact the Pahn Bay office of the SJRWMD at phone number (321 ) 984-4940 . ' 2 . LAND CLEARING ASSOCIATED WITH SITE PLAN DEVELOPMENT (per County Code Chapter 914) OR SUBDIVISION PLATTING (per County Code Chapter 913) IS NOT ALLOWED TO COMMENCE UNTIL THE SITE PLAN OR ' PRELIMINARY PLAT IS FORMALLY APPROVED AND, IF A LAND DEVELOPMENT PERMIT IS REQUIRED, UNTIL A LAND DEVELOPMENT PERMIT IS ISSUED BY THE COUNTY ENGINEERING DIVISION. ' 3 . The applicant and/or the person to perform the Iand clearing shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to clearing commencement, unless specifically notified that a field conference is not necessary . A copy of the permit shall be kept on-site during the land clearing activity. t4. The applicant shall notify county environmental planning staff upon completion of the activity, who shall inspect the property to confirm compliance which applicable county regulations . ' 5 . Debris resulting from the land clearing activity shall be disposed of at an approved disposal facility within 60days of clearing completion, or burned with an air curtain incinerator bum permit from the County Fire Division (or State Division of Forestry, as applicable), in accordance with County Code Chapter 925 . ' 6 . This land clearing permit requires that the subject property's pre-development storm water run-off discharge rate not be exceeded after the clearing operation is completed. This may require construction of temporary detention ponds or berms, and installation of erosion control devices , such as silt screens and/or hay bales, in order to maintain pre-development drainage flow characteristics and ' to protect against sedimentation and turbidity in discharge waters . All drainage and erosion control measures required on the approved project site plan , as applicable, are in effect for this permit. 7 . The person or company conducting the land clearing must be a licensed contractor registered in Indian River County to perform ' such work. The applicant is advised to contact Linda Jones in the County Building Division at (561 ) 567-8000, ext. 288 to ensure that the land clearer has required licensing. ' 3Ti1EY2 CONDITIONS : 1 . This permit authorizes land clearing in conjunction with the approved site plan. Best management practices are to be used to eliminate or reduce soil erosion. This includes using devices such as hay bales, silt screens, or berms . These devices need to be properly installed and maintained, and need to remain in place until the soil surface has stabilized. These devices must be properly ' installed prior to commencement of construction activities on the property . This permit does not authorize any soil erosion or turbidity to wetlands, surface waters, or drainage systems, either on-site or off-site . ' This permit does not authorize any land clearing activities within wetlands, surface waters, or drainage systems . 2 . This pen-nit does not authorize any earth moving excavation or filling. These activities may not commence until a County stormwater management permit has been issued. ' DATE OF PERMIT ISSUANCE : 8/16/01 DATE OF PERMIT EXPIRATION: ONE YEAR from date of permit issuance (or expiration concurrent with approved site plan/L .D .P . , as applicable) SIGNATURE OF AUTHORIZATION : ' Brian Poole Environmental Planner Indian River County ' cc: County Engineer Current Development Staff (site plan/plat related permits only) Project No ./Permit No . : 2000050084/24530 lclr. letter BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 329604365 Telephone: (561 ) 567- 8000 11 L APPLICANT : .�lOR1Op' INDIAN RIVER COUNTY 1 1840 25TH STREET VERO BEACH, FL 32960 INDIAN RIVER COUNTY TREE REMOVAL PERMIT i PROJECT/ APPLIC . NO . : 2000050084124531 PROJECT NAME : NORTH COUNTY REGIONAL PARK PROJECT DESCRIPTION : RECREATIONAL PARK IMPROVED PASTURELAND TO COUNTY PARK PROPERTY OWNER'S NAME : INDIANRIVER COUNTY LOCATION OF ACTIVITY : 9450 95THST PARCEL NUMBER: 22-31-38-000004000-00001. 0 1 THIS TREE REMOVAL PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Code . The above named applicant is hereby authorized to perform the herein described activity in accordance with the specifications stated herein and provided for in Chapter 927 . This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. ' GENERAL SPECIFICATIONS : 1 . The applicant shall conduct the activity in strict accordance with the criteria set forth in Section 927 . 07 of the Indian River County Land Development Code ; a copy of the permit shall be kept on-site while the activity is taking place . 2 . The applicant and/or the person to perform the tree removal shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to removal commencement. 3 . The applicant shall notify county environmental planning staff upon completion of the activity, who shall inspect the property to confirm compliance with applicable county regulations . i 1 i 1 - 1 Sl'ECMC CONDITIONS : 1 1 . This permit authorizes the removal of protected trees within the net buildable portion of the site, as depicted on the approved site plan. This permit does not authorize the removal of trees within wetlands, surface waters , or drainage systems . ' 2 . The root zone/drip line of protected trees being preserved on site must be protected by temporary constructed barriers . Tree protection barriers must be installed prior to commencing land clearing and shall remain in place ' until a certificate of occupancy has been issued. Tree wells are required if placement of fill threatens the viability of a protected tree being preserved on site . 1 DATE OF PERMIT ISSUANCE : 8/16/01 ' DATE OF PERMIT EXPIRATION . ONE YEAR from date of permit issuance (or expiration concurrent with the approved site plan/L .D .P . , as applicable) SIGNATURE OF AUTHORIZATION : r Brian Poole 1 Environmental Planner Indian River County tree.letter 1 Proj ./Appl. # 2000050084/24531 i 1 1 1 1 i ! ! tVER Board of County Commissioners e 1840 25th Street Q Z -� Vero Beach , Florida 32960 ORI Telephone: (561) 567-8000 1 July 6 , 2001 Patrick S . Walther, P . E . ' Carter Associates , inc . 1708 21 " Street Vero Beach, Florida 32960 Subject : Approval of Type B Flood Protection - Stormwater Management System Permit for Indian River County North County Regional Park Reference : SP-MA- 00- 10 - 58 / 2000050084-24170 rDear Mr. Walther : This letter shall serve as the Type B Flood Protection- Stormwater Management System Permit for the subject site plan . In conjunction with the October 17 , 2000 Board of County Commission Special Exception Site Plan Approval, the following drawings and calculations are approved for ' the construction of the paving and drainage improvements : 1 ) Stormwater Management Calculations revision dated September 20, 2000 , with fill calculations received July 3 , 2001 . (* See condition no . 5 below) 2) Sheet No . C-2 , Paving, Grading and Drainage revision no . 3 dated February 7 , 2001 . 3 ) Sheet No . C-3 , Paving, Grading and Drainage revision no . 6 dated February 21 , 2001 . ' 4) Sheet No . C-4, Paving, Grading and Drainage revision no . 3 dated February 8 , 2001 . 5 ) Sheet No . C-5 , Paving, Grading and Drainage revision no . 2 dated August 24 , 2000 . 6) Sheet No . C-6 , Paving, Grading and Drainage revision no . 4 dated February 21 , 2001 . 7) Sheet No . C- 7 , Paving, Grading and Drainage revision no . 5 dated February 21 , 2001 . 8) Sheet No . C- 8 , Paving, Grading and Drainage revision no . 2 dated August 24, 2000 , 9) Sheet No . C-9, Paving, Grading and Drainage revision no . 2 dated August 24, 2000 . ' 10) Sheet No . C- 10, Pool Area Drainage & Grading Plan, revision no . 1 dated November 27 , 2000 . 11 ) Sheet No . C41 , Paving, Grading and Drainage Details, revision no . 4 dated May 26 , ' 2001 . The following conditions apply to the permit : ' 1 It appears that the Chapter 930 Stormwater pP p Management and Flood Protection Ordinance criteria for construction of the proposed project can be met based on the attached engineer's certification dated August 24 , 2000 . [930 . 08 (2)(c)] ' FAEngineering4Stonmwater PermitsNorth County Reg Park-TYpe B-dbc.wpd r PAGE TWO Carter Associates , Inc . July 6 , 2001 2 ) Within twenty -one calender dates of establishment of the lowest floor elevation , it is the ' duty of the permit holder to submit the Community Development Director a Certification of the elevation of the lowest floor on FEMA Form # 81 - 31 , July 2000 . [930 . 09 ] ' 3 ) After completion of construction , the permit holder shall submit to the Engineering Division as -built plans and a Certification of Completion from the Engineering or ' Architect of Record . If possible, submit the as -builts on 1 . 2 or 1 . 4 mega byte diskettes as AutoCAD drawings . The diskettes will be returned after they are copied . [930 . 11 ( 1 ) (d) ] 4) Prior to issuance of a certificate of occupancy, the Engineering Division staff must r approve the completed construction . 5 ) * If a certificate of occupancy is requested for the pool facility prior to completion of the entire park and stormwater management system, stormwater management calculation revisions will be required to show that the on-site drainage system for each phase is designed so the post development runoff does not exceed pre-development runoff during the 25 year- 24 hour storm using the modified SCS Type II rainfall distribution and that each phase is designed to retain all of the post development increase in the volume of ' runoff from the 25 year-24 hour storm. [ 930 . 07( 1 ) (a) and (c)] 6) The Type B Flood Protection- Stormwater Management System Permit expiration date ' shall be concurrent with the Site Plan Approval . If you have any questions , please do not hesitate to contact me at 567-8000 , extension 221 . Sincerely, David B . Cox, P . E. , ' Civil Engineer DBC/ktp ' cc : James W . Davis , P . E . , Public Works Director Christopher J. Kafer, Jr. , P .E. , County Engineer ' Stan Boling, AICP, Planning Director John McCoy, AICP , Senior Planner, Current Development Brad t Smith, Brad Smith Associates, Inc .i W ' FAEngineering\Stormwater PertnitsWorth County Reg Park-TYpe B-dbc.wpd Y 1 CARTER ASSOCIATES , IML CONSUL'T'ING ENGINEERS AND LAND SURVEYORS 1708 21St STREET MARVIN E. CARTER, P. S.M. VERO BEACH , FLORIDA 32960-3472 DEAN F. LUETHJE. P.E. (F. a NQ 561 -562-4191 ' 561 -562-7180 (FAX) JOHN H . . CUM , P.E.FRANKS. UCCURESE, P.S .M . DAVID E. LUETHJE, P.S.M. GEORGE SIMONS, P.E. STEVE SNOBERGER, P.E. PATRICK S. WALTHER, P. E. August 24, 2000 ' NVIr. Dave- Cox , P . E . Indian River County ' Engineering Department 1840 25th Street ,, Vero Beach, Florida 32960 ' RE : North County g Re ional Park Type `l3 ' Stormwater Management Certification ' I�;�e�� • J :� e : v By means of this letter, I hereby certify that the site and structure work for the above referenced project rueets the applicable criteria and intent of the . Indian River County Stormwater Mana.g menf and Flood Protection Ordinance, more particularly "Section 930 . 07(2)(b). This ' certi .:ication. is being provided to satisfy requirements set forth in Chapter 930. 08 (2) (c) , Indian. River Counti,7 Ordinance . ' Should you. have any questions or need additional information, please do not hesitate to contact me at our office , ' Sincerely, ' CARTER ASSOCIATES , INC . _ ( I 6a6i Date :her, P . E . � t 8 _4_ / t Patrick. S . Wa' - - t P . F. . # 39667 ' cc : Chris Kafer, P . E . Brad Smith Serving Florida 11 Since 1911 ' F : \ PST?\P \ 95 - 591e \ Certifications \Nctypark - Cert . doc s ' BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES 1840 25th Street, Vero Beach, Florida 32960 Telephone : (561 ) 770-5300 �O Q �LORip�' ' INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES UTILITY CONSTRUCTION PERMIT ' Permit Issuance Date : October 25, 2000 Permit No . : UCP # CCS / CDS 957 ' Project Name: North CountvRegional Park Owner/Developer : Indain River County , Engineer-of-Record : Carter Associates Inc. Description : Water Dist / Wastewater Collection Sys. General • This Utility construction permit authorizes the above-named Owner/Developer to construct a Water Distribution System and a Wastewater Collection System for the project as shown on the construction plans prepared by Carter Associates Inc. and signed & sealed on October 24, 2000 Permit Issuance is ' contingent upon construction being performed by personnel currently licensed in the State of Florida to perform such work. All work shall be performed in accordance with Indian River County Utilities Standards, latest edition and applicable regulatory agency . The limits of construction are delineated by ' these plans . This permit is be valid for a period of twelve consecutive months from the date of issuance and is subject to the following provisions; this permit does not constitute a permit for operation. Special Provisions : 1 The Owner/Developer or his duly authorized representative, the Engineer-of-Record and the ' construction contractor shall have a pre-construction meeting with Indian River County Department of Utility Services (IRCDUS) a minimum of five working days before beginning construction, 2 The contractor shall notify Customer Service, IRCDUS , at (561 ) 567- 8000 a minimum of 48 hours ' prior to beginning construction or performing any system tests . 3 Upon completion of construction, utility system shall be flushed, disinfected and tested in accordance ' with the current IRCDUS Specifications. 4 All equipment, materials, and workmanship shall meet or exceed current Indian River County Water ' and Wastewater Utility Standards and shall be subject to the unconditional inspection and approval of the Indian River County Department of Utility Services . 5 The Engineer-of-Record (EOR) shall have an on-site representative (inspector) whom shall witness ' and document all materials used, installation procedures , problems encountered and all tests specified by the Operation Permit Checklist. Daily construction reports shall be submitted not less than monthly to IRCDUS . The daily reports shall be signed and sealed by the EOR, The daily construction reports shall be submitted to IRCDUS no later than seven days after completion of that ' Page 1 of 3 F:\UtilitieslUTILII'Y-ENGINEERING\Projects - Utility Construction PenniuWorth County Regional Park\Utility Construction Permit-pending.dae ' portion of construction requiring clearance . Indian River County has unconditional rights to inspect the construction and materials at any time . ' 6 All connections to the IRCDUS system and operation of utility system valves and equipment shall be made under the direct observation of personnel from IRCDUS . Where loss of utility service will occur, a minimum of a 48-hour notice to IRCDUS and the public is required. A 48 -hour notice is ' required for access to private property . 7 The Owner/Developer or his duly authorized representative, the Engineer-of-Record, property owner and construction contractor shall hold Indian River County harmless in any suits, claims, and/or ' liabilities arising from subject construction. 8 Upon completion of construction and prior to placing the utility system into service, the requirements ' of the Utility water and wastewater system checklist shall be satisfied. 9 This Utility Construction Permit does not eliminate the necessity to obtain a right-of-way permit from ' Indian River County Public Works Department or other permits that are required by the Florida Department of Environmental Protection or any other county, state, or federal agencies . t10 Only IRCDUS approved appurtenances shall be used in construction. 11 No construction shall begin until all required easements have been acquired. ' 12 Capacity Charges must be paid in full prior to commitment of capacity or issuance of building permit whichever comes first. THERE IS NO GUARANTEE THAT CAPACITY WILL BE AVAILABLE AT TI1VIE OF REQUEST. ' 13 Shop drawings shall be provided and reviewed by Indian River County Department of Utilities prior to construction. ' 14 All applicable permits allowing utilities construction inside any right-of-way shall be submitted prior to commencement of construction. ' 15 County Inspection Services : The County ' s hours of Operation for this project is limited to between the hours of 8 : 00 a.m. and 4 : 00 p .m., Monday through Friday, excluding holidays . The ' DEVELOPER shall coordinate needed inspection services between these hours of Operation . Should the DEVELOPER require County inspection services beyond the designated hours then the DEVELOPER shall pay the inspectors ' hourly prevailing rate times an overtime direct multiplier of ' 1 .5 times the hourly rate. The County ' s average prevailing wage rate plus overtime for inspection is $20 .53 per hour (FY- 1999 rate) . The DEVELOPER shall not have the right to declare this Agreement in default because it disagrees with the fees and charges imposed for the extended use of the County Inspectors , 16 Partial Utilization: The COUNTY Utilities Department shall have the right to utilize or place into service any utility equipment pursuant to FDEP Certificate-of-Construction (DEP form 62-555 . 900) ' or other usable portion of the work prior to completion of the work. Whenever the plans to exercise said right, the DEVELOPER will be notified in writing by the COUNTY, identifying the specific portion or portions of the work to be so utilized or otherwise placed into service . The DEVELOPER ' shall understand that until such written notification is issued, all responsibility for ownership, care and maintenance of all of the work shall be borne by the DEVELOPER. . Upon issuance of said written notice of partial utilization, the DEVELOPER accept full responsibility for the protection and maintenance of all such items or portions of the work described in the wrifeen notice until final acceptance by the COUNTY. The DEVELOPER shall retain full responsibility for satisfactory ' F:WtilitialUTILIT'Y-ENGINEEILING\Projects - Utility Construction Pamits�North County Regional Park\Uri1iry Construction Permit-pcnding.doe Page 2 of 3 a completion of the work, regardless of whether a portion thereof has been partially utilized by the COUNTY and the DEVELOPER' S one-year correction period shall commence only after the date of Substantial Completion for the work. DEVELOPER shall be further responsible for submitting a ' final Certification- of-Construction ( 100% completion) to FDEP for any outstanding portion of the work. ' 17 Project Closeout: At the time of final completion an inspection shall be held by the COUNTY in the presence of the property owner, DEVELOPER, Contractor and Engineer-of-Record. At this time, the DEVELOPER shall provide all necessary documentation as required by the Utility Construction Permit and regulatory agencies, such as the FDEP . At the time of completion of all utility work a final inspection on shall be held. The DEVELOPER shall make arrangements with the Owner, Contractor, Engineer-of Record and the COUNTY for a ' joint follow-up inspection and shall send a written notice to said parties to inform them of the date and time of the inspection. After the inspection, the COUNTY through the Engineer-of-Record shall inform the DEVELOPER of any corrections required. " ' 18 The one-year maintenance period shall not commence until a final certificate final Certification-of- Construction ( 100 % completion) has been prepared and approved by FDEP and a Memo of ' Acceptance has been issue by the COUN'T'Y. 19 ALL COUNTY REQUIRED DOCUMENTS / SUBMISSIONS MUST BE PROVIDED BY THE ' DEVELOPER PRIOR TO THE COUNTY' S RELEASE OF THE PROJECT. This shall include but is not limited to record drawings, easement dedications, bill-of-sales, etc . ' If you have any questions, please do not hesitate to contact the undersigned at telephone (561 ) 567- 8000 . Sincerely t ' Aaron Bowles, P .E . , En ironmental Engineer Attachment: 1 set of Construction Plans cc : Jeff Smith, Assistant Director; Dept. of Utility Services t Art Reisfeld, Customer Service Supervisor, Dept. of Utility Services Stan Boling, Director of Community Development James Davis, P .E. , Director of Public Works Director ' Steven J. Doyle, P .E. Capital Projects Mgr. 1 etc Page 3 of 3 F:\Utilities\UTILITY-ENGINEERING\Pmjccts - Utility Construction Pcrmits\North County Rcgional Park\Utility Construction Permit-pcnding.doc INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES UTILITY CONSTRUCTION PERMIT CHECKLIST WA TER DIS TAM UTION SYSTEM ' Permit Issuance Date : <October 25, 2000 Permit No . : <UCP # CCS / CDS 957 > Project Name : <North County Regional Park> Owner/Developer . <Indain River Countv> Engineer-of-Record : <Carter Associates Inc. > Description : <WaterDist / Wastewater Collection Svs. > WIN! � r : a L u �,et"� v -1 Mx . �. ..I s 4 .s . ,a . AA T' iI�VP vl - - - 1 . Three (3) sets of Record Drawings (hard copy and electronic format), consisting ' of one set of reproducible mylars and two sets of blue/black line prints signed and sealed by the Engineer-of-Record. The Engineer-of-Record must be registered to practice in the State of Florida. ' - - - 2 . Copy of a satisfactory hydrostatic pressure test, signed by the Engineer-of- Record. - - - 3 . One complete set of daily field inspection records prepared by the on-site inspector certified by the Engineer-of-Record, - - - 4 . Copy of a satisfactory bacteriological main clearance certified by the Engineer- - - - of-Record. 5 . Record by the design firm of the estimated amount of water used by the contractor during the construction and flushing of the water lines . ' - - - b . Certification by the Engineer-of-Record that the water line was sanitized in accordance with County specifications . - - - 7 . Certification by the Engineer-of-Record that the construction of the water distribution system is complete and in accordance with County construction and material specifications . Any deviation from the approved construction drawings or County specifications must be specifically identified and justified by the Engineer. - - - 8 . Copy of a clearance letter from the Florida Department of Environmental Protection (FDEP) authorizing the water distribution system to be placed into iservice . - - - 9 . Dedication of the water distribution system and accompanying easements . The ' dedication is to include an itemized list of all materials along with total materials, construction and engineering costs . - - - 10. Where the water distribution system is located in established easements or road rights-of-way, the attached bill of sale is to be executed along with an itemized list of all materials to include materials and construction costs . - - - 11 . Complete on-site inspection by a County utility inspector withconfirmation that ' the water distributions stem appears acceptable. Paid 12 . $ 150 . 00 review fee . . . . 13 . Arrangements for payment of all impact fees and other costs of connections . _ _ _ 14 . Release of lien (s). 15 . A one-year maintenance bond in an amount equaling 25 % of the total cost for construction of the system. t UTILITY CONSTRUCTION PERMIT CHECKLIST F:\Utilities\UTIUTY-ENGINL�FiRA7G\Projects - Utility Construction Penni County Regional Park\Utility Construction Permit - Checklist -pending.doe INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES ' UTILITY CONSTRUCTION PERMIT CHECKLIST — WASTEWATER COLLECTION/TRANSMISSIONSYSTEM ' Permit Issuance Date: <October 25. 2000 Permit No . : <UCP # CCS / CDS 957 > Project Name : <Nortlt County Regional Park> Owner/Developer . <Indain River County> Engineer-of-Record : <Carter Associates Ina > Description : <WaterDist. / Wastewater Collection Sys. > gg - - - 1 . Three (3 ) sets of Record Drawings (hard copy and electronic format), consisting ' of one set of reproducible mylars and two sets of blue/black line prints signed and sealed by the Engineer-of-Record. The Engineer-of-Record must be - - - registered to practice in the State of Florida. 2 . Copy of a satisfactory hydrostatic pressure test or infiltration/exfiiltration test, signed by the Engineer-of-Record. - - - 3 . One complete set of daily field inspection records prepared by the on-site inspector certified by the Engineer-of-Record. - - - 4 . Copy of a satisfactory television test and a certified report by the Engineer-of- - - - Record. 5 . Certification by the Engineer-of-Record that the construction of the wastewater collection/transmission system is complete and in accordance with County construction and material specifications . Any deviation from the approved construction drawings or County specifications must be specifically identified and justified b the Engineer, - - - 6 . Copy of a clearance letter from the Florida Department of Environmental Protection (FDEP) authorizing the wastewater collection/transmission system to ' - - - be placed into service. 7. Dedication of the wastewater collection/transmission system and accompanying easements . The dedication is to include an itemized list of all materials along - - - with total materials, construction and engineering costs . 8 . Where the wastewater collection/transmission system is located in established easements or road rights-of-way, the attached bill of sale is to be executed along - - - with an itemized list of all materials to include materials and construction costs . 9 . Complete on-site inspection by a County utility inspector with confirmation that the wastewater collection/transmission system appears acceptable . Paid 10 . $ 150 . 00 review fee . 11 . Arrangements for payment of all impact fees and other costs of connections . - - - 12 . Release of lien (s). ' - - - 13 . A one-yeas maintenance bond in an amount equaling 25 % of the total cost for construction of the system. - - - 14. A set of lift station specifications (if applicable), two sets of operations and maintenance manuals, warranty, and all spare parts as required by County standards . UTILITY CONSTRUCTION PERMIT CHECKLIST F:\U6lilies\UTII..iTY-ENGDOEMG\Projeets - Utility Construction PamitsWorth Coomy Regional Park\Utility Construction Permit - Checklist -pending.doe i Lift Station Start-Up and Testing Form COUNTY OF INDIAN RIVER Department of Utilities Location: Station #: Wet Well Size : Pumps : Date : Owner: ' Other Wet Well Diameter 36 " 48 " 60" 72 " 84 " 96 " 108 " Gal. Per / Ft. 53 . 04 84 .36 146. 04 211 .44 287 . 76 375 . 84 475 . 68 ' Gal. Per / Inches 4 .42 7.03 12 . 17 17. 62 23 .98 31 . 32 39 . 64 Serial No : Serial No . : Design Amperage : Amps Design Amperage: ,Amps ' E S W (Circle One) N E S W (Circle One) Current Balance Check Current Balance Check T1 = Amps T1 = Amps T2 = Amps T2 = Amps T3 = Amps T3 = Amps ' DRAW DOWN TEST Water Level (Ref. Point . ) Water Level (Ref. Point ) Finish Inches Time Finish Inches Time Start Inches Time Start Inches Time Difference Inches Time Difference Inches Time In. draw down = Diff. _ Pump time ( min ) In. draw down = Diff. Pump time ( min ) [Pump flow/GPM = In. draw down x Gal. per in. \station size] [Pump flow/GPM = In. draw down x Gal . per in. \station size] x = GPM x = GPM Gage reading Pump discharge: PSI Gage reading Pump discharge: PSI DESIGN DESIGN HP GPM TDH (Ft.) BP GPM TDH (Ft.) ' Comments : Manufactures Rep . Utility Rep . ' Contractors Rep. Engineer Public Works Rep . ' F:\UTII.I rWUTILITY-ENGDMEMG\PROJECTS - UTIUTY CONSTRUCTION PERMITs\NORTH COUNTY REGIONAL FARK\UTu TY CONSTRUCnON PERMIT - LIFT STATION STARTUP FORMDOC ' Project Name : North County Regional Park Project Location : CR512 iust west of Sebastian River Middle Date : Ocotber 25 , 2000 SECTION A: WET WELL Yes No Al . All inspections require the wet well to be completely dry and free of any construction debris . A2 . Does wet well appear to be at proper elevation? ' A3 . Are all joints sealed properly with ram-neck? A4. Have all joints been sealed over properly with non-shrink grout? ' A5 . Has bottom bench wall been installed correctly? A6 . Have the base plates been -installed correctly and inspected by lift station personnel ? (Lift station mechanic initials for approval : AT Has wet well been painted properly? A8 . Has the vent been installed properly with the approved materials ? ' A9 . Has the vent been installed in theo ro er location p p h n and height . A10 . Has stainless steel insect screens been installed in vent? Al 1 . Does hatch cover operate properly? Al2 . Is hatch cover rated for H2O loading? A13 . Does the hatch cover have any broken hardware? A14 . Have all leaks been repaired properly? A15 . Have lifting rings been removed and grouted? A16 . Did I notify contractor and engineer about any and all items checked "No" in Section A? Comments Page 1 of 6 Inspector ' s Initials NWILMERVER\PUBLIMUtilities�UTMITY-ENGINEERING\ProjecLs - Utility Construction PomitMorth County Regional ParM ility Construction Pemtit - Lift Station Inspection Form.doc ' Project Name : North County Regional Park Project Location : CR512 just west of Sebastian River Middle Date: Ocotber 25 2000 SECTION Bo VALVE BOX ' Yes No Bl . Are fire valves box free of dirt and debris? B2 . Does valve box appear to be at the proper elevation? ' B3 . Is the valve box the correct size according to I.R. C .U. standards ? B4 . Was valve box lid installed correctly? ' B5 . Do the hatch covers operateproperly? P B6 . Do the hatch covers have any broken hardware? B7 . Has the valve box been painted properly? B8 . Has the valve box drain been installed according to I. R. C .U. standards ? ' B9 . Have lifting rings been removed and grouted? B10 . Did I notify contractor and engineer about any and all items checked "No " in Section B ? COMIAMNTS : Page g 6 Inspector' s Initials ' %VILESERVERIPUBUQUtilities\UTILITY-ENGINEERING\Projccu - Utility Construction Pennite\North County Regional Park\Utility Construction Permit - Lift Station Inspection Formdoc r ' Project Name: North County Regional Park Project Location : CR512 iust west of Sebastian River Middle Date: Ocotber 25 2000 t SECTION Co. PIPING GENERAL Yes No Cl . All piping shall be in accordance with I.R. C .U. standards . ' C2 . Is all discharge piping flanged pipe ductile iron? ' C3 . Are all bolts and nuts stainless steel? C4 . Has all electrical conduit and piping entering or exiting wet well and valve box been ' properly grouted and painted? C5 . Does all piping appear to be plumbed and straight? ' C6 . Are all clearances between piping and re-cast (concrete) according to I.R. C . U. standards . C7 . Are all piping materials approved by I.R. C .U. ? (i . e. , check valves, plug valves, etc . ) SECTION Cl : WATER SERVICE PIPING C8 . Is water available at lift station site . ' C9 . Is copper or brass piping used for service? C10 . Has a R.P . type back-flow preventer been installed? 1 CIL Has the water service been installed by or attached to the panel assembly in an approved ' manner? (No stainless steel hose clamps .) C12 . Is the back-flow preventer leaking? ' C13 . Hs the back- flow preventer been tested and certified? C14 . Has hose bib been installed? C15 . Did I notify contractor and engineer about any and all items checked "No" in Section C ? ' COAMENTS . Page 3 of 6 - Inspector' s Initials ' \\FILESERVEA\PUBLIC\Utilities\UTILXrY-ENGINEERING\Ptojects - Utility Construction Petmits\North County Regional Perk\Utility Construction permit - Lift Station Inspection Fotm.doe ' Project Name : _ North County Regional Park Project Location: CR512 just west of Sebastian River Middle Date : Ocotber 25 2000 SECTION D : GENERAL APPEARANCE Yes No D1 . Does station require a fence? ' D2 . If fence is required, is fence installed properly? ' D3 . Does fence material conform to I.R. C . U. standards ? D4 . Is the fence gate the proper size? ' D5 . Is gate installed in the proper location? D6 . Does grading around station appear to be smooth and clear of any construction debris ? D7 . Has sod been installed? D8 . Does sod appear to be installed in a satisfactory pp f ory manner . D9 . Did I notify the contractor and engineer about any and all items checked "No " in Section D? ' COMMENTS : MIN 1 Page 4 of 6 Inspector' s Initials ' \\FIIMERVER\PUELIC\Utilitics\UTILITY-ENGDIEERING\Projects - Utility Construction Pennits\Ncrth County Regional Park\Utility Construction Permit - Lift Station Inspection Form.doc ' Project Name : North Co= Regional Park Project Location: CR512 just west of Sebastian River Middle Date : Ocotber 25 2000 SECTION E : ELECTRICAL CONTROL PANEL Yes No E1 . Is all electrical component supplies (i . e . , panel, disconnect) installed in accordance with ' I .R. C .U. standards? E2. Is the panel supplied for the proper size. ? ' E3 . Is theanel set u p for R. T.U. ? P ' E4. Is the R.T .U. installed? E5 . Is the panel support posts (schedule 40 min.) stainless steel? E6 . Is the panel the proper height above finished grade . E7 . Is the mounting hardware (i. e. , bolts , nuts, fasteners, strut, conduit straps) stainless Steel (no galvanized) or aluminum? ' E8 . Is the disconnect stainless steel? ' E9 . Is the disconnect non-fusible? E10 . Is the panel installed in the proper location? Ell . Are all electrical conduits installed according to I.R. C .U. standards ? ' E12. Has all conduit penetrations into wet well been grouted and painted. ? E13 . Has conduit inside wet well been sealed properly? Check for seal fittings . E14. Does main electrical supply enter inside top of panel? E15 . Is all wiring copper? E16 . Has concrete been poured around each panel post? ' E. 17 . Are all motor and float leads the proper lengths ? E18 : Is the motor and float lead hanger installed properly? Page 5 of 6 Inspector' s Initials \\FHMFXVER\PUBUOUtilidcs\UTILITY-ENGINEEMG\Projccb - Utility C=Mction Permits\North County Regional ParMulity Construction Pemtit . Lift Station Inspection Fotmdoc Project Name : North County Regional Park Project Location: CR512 just west of Sebastian River Middle Date : Ocotber 25 2000 SECTION E : ELECTRICAL CONTROL PANEL (CONTINUED) ' Yes No E19 . Is the motor and float lead hanger installed in the correct location? ' E20 . Have spare parts been received? ' E21 . Does panel open away from station? ' E22 . Does panel appear to be level, straight and sturdy? E23 . Did I notify contractor and engineer of any and all items checked "No" in Section E? COMAIIENTS : Page 6 of 6 Inspector ' s Initials \\FUXSERVLR\PUBLIC\Utilities\VrMM-ENGR4EMU14Mmjects - Utility Construction Pennits\North County Region] Perk\Utility Constmetion Pemrit - Lift Station Inspection Form doc John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA , FLORIDA 32178- 1429 �TELEPHONE 904-329-4500 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM 860.4450 FAX (Executive) 329 WATE IR -4 25 (Legal) 329-4485SERVICE CENTERS g) 329-4315 (AdministrationlFinance) 329-4508 MANAGEMENT 618 E. South Street 7775 Saymeadows Way PERMITTING: OPERATIONS: Now DISTRICT Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407-897-4300 onville, Florida 32256 Melboume, Florida 32904 Melbourne, Florida 32935-8109 TDD 407-89 9 Z - 70 407.984-4940 407-752-3100 -7900 TDD 407.722-5368 TDD 407-752.3102 January 9 , 2001 41 F,y �. 1 = RECEIVED Indian River County r 46 At it4 4 ' 1840 25th ST JAN 1 ' 9 2001 Vero Beach , FL 32960 PPo T� o��o 9g ti 4 � �D BY: ' SUBJECT: Permit Number 4- 061 -66856 - 1 & L cot North County Regional Park Dear Sir/Madam : Enclosed is your permit as authorized by the Governing Board of the St . Johns River Water Management District on January 9 , 2001 . This permit is a legal document and should be kept with your other important documents . ' The attached MSSW/Stormwater As - Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed . By so doing , you will enable us to schedule a prompt inspection of the permitted activity . In addition to the MSSW/Stormwater As- Built Certification Form , your permit also contains conditions which require submittal of additional information . All information submitted as ' compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining permits from any federal , state and/or local agencies asserting concurrent jurisdiction for this work . In the event you sell our property , the permit can be transferred to the new owner , if we are Y Y P P Y � notified by you within thirty days of the sale . Please assist us in this matter so as to maintain ' a valid permit for the new property owner . ' Thank you for your cooperation and if this office can be of any further assistance to you , please do not hestitate to contact us . AeC , Dir-OxooeAel ' Permit Data Services Division Enclosures : Permit with EN Form ( s) , if applicable ' cc : District Permit File Agent : Carter Associates , Inc . Consultant : Environmental Consulting Group , Inc . William Kerr, CHAIRMAN Ometrias D . Long, vICE CHAIRMAN Jeff K. Jennings, SECRETARY Duane Ottenstroer, TREASURER MELBOURNE BEACH APOPKA MAITLAND SWITZERLAND Dan Roach William M . Segal Otis Mason Clay Albright Reid Hughes FERNANDINA BEACH MAITLAND ST. AUGUSTINE EAST LAKE WEIR DAYTONA BEACH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ' Post Office Box 1429 Palatka , Florida 32178= 1429 PERMIT NO . 4-061 -66856- 1 DATE ISSUED :January 9 , 2001 PROJECT NAME : North County Regional Park A PERMIT AUTHORIZING .a construction and operation of a surface water management system to serve the proposed Not County Regional Park . ' LOCATION : ' Section (s) : 22 Township (s ) : 31S Range (s) : 38E Indian River County ' ISSUED TO : Indian River County 1840 25th ST ' Vero Beach , FL 32960 Permittee agrees to hold and save the St . Johns River Water Management District and its successors ' harmless from any and all damages , claims , or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified therein , nor relieve the permittee from complying with any law , regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee ' hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : ' PERMIT IS CONDITIONED UPON . ' See conditions on attached " Exhibit A" , dated January 9 , 2001 AUTHORIZED BY % St . Johns River Water Management District ' Department of Water Resources Governing Board ' ( Director) (AssistAi t Secretary) Jeff Elledge Henry Dean ' " EXHIBIT A " CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4=061 =66856-1 INDIAN RIVER COUNTY ' DATED JANUARY 9 , 2001 1 . All activities shall be implemented as set forth in the plans , specifications and tperformance criteria as approved by this permit . Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of tthis permit . ' 2 , This permit or a copy thereof , complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity . The complete permit shall be available for review at the work site upon request by District staff . ' The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit . 3 , Activities approved by this permit shall be conducted in a manner which do not cause tviolations of state water quality standards , 4 . Prior to and during construction , the permittee shall implement and maintain all erosion ' and sediment control measures ( best management practices) required to retain sediment on -site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988 ) , which are incorporated by reference , unless a project ' specific erosion and sediment control plan is approved as part of the permit , in which case the practices must be in accordance with the plan . If site specific conditions ' require additional measures during any phase of construction or operation to prevent erosion or control sediment , beyond those specified in the erosion and sediment control ' plan , the permittee shall implement additional best management practices as necessary , in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound ' Land and Water Management ( Florida Department of Environmental Regulation ' 1988) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . ' 5 , Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased , ' 6 . At least 48 hours prior to commencement of activity authorized by this permit , the ' permittee shall submit to the District a Construction Commencement Notice Form No . 40C-4 . 900 (3) indicating the actual start date and the expected completion date . 7 . When the duration of construction will exceed one year , the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 50C-4 . 900 (4 ) . These forms shall be submitted during June of each year . ' 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary ' to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 ' through 7 . 1 .4 of the Applicant' s Handbook : Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant 's Handbook will be approved . Deed ' restrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first . For those systems which are proposed to be maintained by county or municipal entities , final operation and rmaintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity . Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . i9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted ' use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity . 10 . Within 30 days after completion of construction of the permitted system , or independent ' portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as ' authorized by law , utilizing As Built Certification Form 40C - 1 . 181 ( 13) or 40C - 1 . 181 ( 14 ) supplied with this permit . When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies ' of as- built drawings submitted to the District . Submittal of the completed from shall serve to notify the District that the system is ready for inspection . The statement of ' completion and certification shall be based on on -site observation of construction f , 1 ( conducted by the registered professional engineer , or other appropriate individual as authorized by law , or under his or her direct supervision ) or review of as- built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As-built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as " as - built" or " record " drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor . The following information , at a minimum , shall be verified on the as- built drawings : ' 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions , and elevations of all filter , exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; 3 . Dimensions , elevations , contours , or cross-sections of all treatment storage areas rsufficient to determine state -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4 . Dimensions , elevations , contours , final grades , or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross-sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s) and the date determined ; and Elevation and location of benchmark (s) for the survey . 11 . The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above , the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant ' s Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved ' operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District , ' the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , if different from the permittee . Until the permit is transferred ' pursuant to section 7 . 1 of the Applicant' s Handbook : Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit . ' 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so rthat a determination can be made whether a permit modification is required . ' 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this ' permit . This permit does not convey to the permittee or create in the permittee any property right , or any interest in real property , nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey rany rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40 , F . A . C . 14 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . ' 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373 . 421 (2 ) , F . S . , provides otherwise . ' 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of section 40C -1 . 612 , F . A . C . The . permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale , conveyance or other transfer . ' r 17 . Upon reasonable notice to the permittee , District authorized staff with proper ' identification shall have permission to enter , inspect , sample and test the system to insure conformity with the plans and specifications approved by the permit . ' 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously ' submitted information that is later discovered to be inaccurate . ' 20 . This permit for construction will expire five years from the date of issuance . 21 . At a minimum , all retention and detention storage areas must be excavated to rough grade ' prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation ' rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . ' 22 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess ' turbidity , and dewatering . 23 . Prior to construction , the permittee must clearly designate the limits of construction on -site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit . 24 . The Permittee must furnish the District with two copies of an annual monitoring report in ' the month of August on District form EN - 55 , for the time period stated in this permit 's success criteria condition . ' 25 . If successful establishment has not occurred as stated above , the permittee must apply to the District for a permit modification no later than 30 days following the termination of ' the monitoring period . The application must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement ' planting of the wetland mitigation area so that the success criteria will be achieved . Within 30 days of District approval and issuance of the permit modification , the permittee must implement the redesign and/or replacement planting . Following completion ' of such work, success criteria as stated above or modified by subsequent permit must again be achieved . In addition , the monitoring required by these conditions must be ' conducted . 26 . In the event that 50 % or greater mortality of planted wetland species in any stratum ' within the mitigation area occurs , the Permittee must undertake a remediation program approved by District staff . 27 . The operation and Maintenance entity shall submit inspection reports to the District two ' years after the operation phase permit becomes effective and every two years thereafter on District Form EN -46 . The inspection form must be signed and sealed by an appropriate registered professional . ' 28 . The proposed surface water management system must be constructed and operated in accordance with the plans received by the District on September 29 , 2000 and as amended by Sheet C -3 received by the District on October 10 , 2000 and by ' Sheet C - 11 received by the District on November 3 , 2000 , 29 . Mitigation must be in accordance with the submittal received by the District on ' September 29 , 2000 as modified by the submittal received by the District on November 3 , 2000 . ' 30 . Monitoring must be in accordance with the submittals received by the District on September 29 , 2000 and November 3 , 2000 . A final monitoring plan with ' actual locations of transects and other specifics must be submitted for District review and approval at least 45 days prior to the implementation of each mitigation phase . 31 . Hydrologic monitoring , including both staff gauges and piezometers , must commence within 45 days of permit issuance and include locations in Mitigation Areas A , 61 , B29 E , G , and H (two locations within H ) . Monitoring must occur at least once monthly in all proposed mitigation areas regardless of ' construction phasing . 32 . Wetland mitigation must be implemented according to the schedule included in ' the submittal received by the District on November 3 , 2000 . Initial mitigation activity for each phase , including ditch plugging and bahia grass eradication , must be completed prior to commencement of construction on that phase , and all planting and seeding must be completed prior to the opening of that phase to public use . ' 33 . Prior to initiation of each mitigation phase , the permittee must obtain the written approval of both the District and the Saint Sebastian River Buffer ' Preserve Manager for the specific treatments and restoration methodology to be implemented or tested within that mitigation parcel . The submitted plan must specify the locations of any test plots , the location of reference plots , and ' the location of monitoring transects . 34 . Successful estabishment of tree , saw palmetto and cordgrass plantings will have ' occured when : ' A . At least 80 % of the planted individuals have survived through the monitoring period and are showing signs of normal growth ; and , B . The above criteria has been achieved at the end of a 5 year period following lr • k f initial planting . 35 . Success of the prairie restoration areas will be based upon demonstration of a ' continuing abiding increase of herbaceous species typical of flatwoods/wet prairie communities . A continuing abiding increase will be defined as the ' percent cover by native non - nuisance herbaceous species increasing by 10 % per year . The restoration areas must ultimately achieve 80% cover by native herbaceous species and mitigation will not be considered successful until that ' time . 36 . Monitoring of prairie restoration areas must continue until success criteria ' are achieved in each mitigation parcel . 37 . Within each wetland mitigation area , non -native and nuisance vegetation must be ' controlled by hand clearing or other methods approved by the District and Buffer Preserve Manager so that they constitute no more than 10 % of the aerial cover in each stratrum . An exception is made for Bahia grass which will be governed by other permit conditions . 38 . In the event that herbaceous prairie restoration goals are not met for two consecutive monitoring years , the permittee must within 60 days present to the District and the Buffer Preserve Manager a revised mitigation plan addressing ' the apparent reasons for restoration failure and proposing revised or increased restoration methods . The permittee must incorporate into the revised plan any advances in prairie restoration methodology advised by the Buffer Preserve ' Manager . The revised plan must be implemented with 90 days of approval by the District and the Buffer Preserve Manager . 1 Henry Dean, Executive Director John R. Wehle, Assistant Executive Director ' + POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 1 -800-451 -7106 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM 860-4450 FAX (Executive) 329.4125 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finance) 329-4508 W14TER SERVICE CENTERS MANAGEMENT 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: DISTRICT Orlando, Florida 32801 Suite 102 525 Community College 525 Community College 407-897.4300 Jacksonville, Florida 32256 Parkway Parkway 1 -800-228-1658 904-730.6270 Palm Bay, Florida 32907 Palm Bay, Florida 32907 FAX 407-897-4354 1 -800-852-1563 321 .984-4940 321 -409-2100 TDD 407-897-5960 FAX 904-730-6267 FAX 321 -984-4937 CERTIFIED # 70000600002336412499 Too 904-448-7900 %3 31 1 �3Q ' Indian River County � 7QQl 1840 25th ST N FMGV04J E/Is C Vero Beach , FL 32960 D11 p o ' E : Written Notice of Intended District Decision on Permit Application 4-061 -66856- 1 D �~ R pp In Indian River County ' Dear Sir/Madam : ' The staff of the St . Johns River Water Management District has completed its review of the above- referenced application . Enclosed is a copy of the Technical Staff Report (TSR) which states that staff will recommend approval of the application with those conditions contained in the TSR . This TSR constitutes a notice of the District's intent to grant the permit application . If you disagree with any part of the TSR , you should immediately contact the District staff to discuss your concerns . Please refer to the enclosed Notice of Rights which describes any rights ' you may have and important time frames regarding the proposed agency action . You are entitled to address the Governing Board concerning the application . However, whether you do so or not is solely your decision . The staff recommendation , any presentation by you or ' others , and any objections will be considered in the Board 's final permit decision . The Governing Board will consider your application at 1 : 00 p . m . on January 9 , 2001 , or as soon ' thereafter as it may come to be heard at: St. Johns River Water Management District Headquarters , 4049 Reid St. , Palatka , FL 32178 . Agenda items scheduled for action on Tuesday , January 09 , 2001 , may be postponed for consideration at the Governing Board meeting which begins at 9 : 00 a . m . on January 10 , 2001 . Sincerely loria Lewis , Directo Division of Permit D a Services ' Enclosures : Technical Staff Report Notice of Rights ' December 12000 ' cc : District File ' William Kerr, CHAIRMAN Ometdas D . Long , YICECHAIRMAN Jeff K. Jennings , SECRETARY Duane Ottenstroer, TREASURER MELBOURNE BEACH APOPKA MAITLAND SWITZERLAND Dan Roach William M . Segal Otis Mason Clay Albright Reid Hughes ' FERNANDINA BEACH MAITLAND ST. AUGUSTINE EAST LAKE WEIR DAYTONA BEACH Notice Of Rights ' 1 . A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District ( District) , or may choose to pursue mediation ' as an alternative remedy under Sections 120 . 569 and 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections 120 . 569 and 120 . 57 , Florida Statutes , and Rules 28- 106 . 111 and 28- 106 . 401 - . 405 , Florida Administrative Code . Pursuant to Chapter 28- 106 ' and Rule 40C- 1 . 1007, Florida Administrative Code , the petition must be filed at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka , Florida 32178- 1429 (4049 Reid St . , Palatka , FL 32177) within twenty-six (26) ' days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice) . A petition must comply with ' Chapter 28- 106 , Florida Administrative Code , 2 . If the Governing Board takes action which substantially differs from the notice of District decision , a person whose substantial interests are or may be ' determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to District Rule 40C - 1 . 1007 , Florida Administrative Code ,the petition must be filed at the office of the District Clerk at the address described above , within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within ' twenty-one (21 ) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice) . Such a petition must comply with Rule Chapter 28- 106 , Florida Administrative ' Code . ' 3 . A substantially interested person has the right to a formal administrative hearing pursuant to Section 120 . 569 and 120 . 57 ( 1 ) , Florida Statutes , where there is a dispute between the District and the party reqarding an issue of ' material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28 - 106 . 201 , Florida Administrative Code . ' 4 . A substantially interested person has the right to an informal hearing pursuant to Sections 120 . 569 and 120 . 57(2) , Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must comply with the ' requirements set forth in Rule 28 - 106 . 301 , Florida Administrative Code . 5 . A petition for an administrative hearing is deemed filed , upon delivery of the ' petition to the District Clerk at the District headquarters in Palatka , Florida . t Notice Of Rights 6 . Failure to file a petition for an administrative hearing , within the requisite time frame shall constitute a waiver of the right to an administrative hearing ( Section ' 28 - 106 . 111 , Florida Administrative Code) , 7 . The right to an administrative hearing and the relevant procedures to be ' followed are governed by Chapter 120 , Florida Statutes , and Chapter 28= 106 , Florida Administrative Code and Section 40C- 1 . 1007 , Florida Administrative Code . 8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property , has the right to , within 30 days of receipt of notice of the District' s ' written desision regarding a permit application , apply for a special master proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the office of the District Clerk located at District headquarters , P . O . Box 1429 , Palatka, FL 32178- 1429 (4049 Reid St. , Palatka, Florida 32177) . A request for relief must contain the information listed in Subsection 70 .51 (6) , Florida Statutes . 9 . A time ) filed request for relief under Section 70 . 51 y re q Florida Statutes , tolls the time to request an administrative hearing under paragraph no . 1 or 2 above ' ( Paragraph 70 .51 ( 1 0) (b) , Florida Statutes) . However, the filing of a request for an administrative hearing under paragraph no . 1 or 2 above waives the right to a special master proceeding (Subsection 70 . 51 ( 1 0) (b) , Florida Statutes) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70 . 51 (3) , Florida Statutes) , 11 . Any substantially affected person who claims that final action of the District ' constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida Rules of Civil Procedures , by filing an action in circuit court within 90 days of the rendering of the final District action , ( Section 373 . 617 , Florida Statutes) , 12 . Pursuant to Section 120 . 68 , Florida Statutes , a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of ' Appellate Procedure within 30 days of the rendering of the final District action . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 . 114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for ' review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. ' ht Notice OfRig s t 14 . For appeals to the District Court of Appeal , a District action is considered rendered after it is signed on behalf of the District, and is filed by the District Clerk. ' 15 . Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs # 11 and # 12 , or for Commission review as described ' in paragraph # 13 , will result in waiver of that right to review . ' Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been ' sent by U . S . Mail to : Indian River County ' 1840 25th ST Vero Beach , FL 32960 v at 4 : 00 p . m . this day of 2000 . Division of Permit Data Services Gloria Lewis , Director St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 (904) 329-4152 ' Permit Number: 4-061 -66856 - 1 r t ' INDIVIDUAL IDUAL ENVIRONMENI AL RESOURCE PERMIT TECHNICAL STAFF REPORT tDecember 28 , 2000 APPLICATION # : 4- 061 - 6686 - 1 ' Applicant : Indian River County C/O Christopher Kafer, P . E . 1840 25th ST Vero Beach , FL ' 32960 Agent : Carter Associates , Inc . C/O Patrick S . Walther, P . E . 1708 21st Street Vero Beach , FL 32960 Consultant : Environmental Consulting Group , Inc . C/O Reese Kessler 150 Oxford Road Suite 130 Casselberry , FL 32730 Project Name : North County Regional Park Acres Owned : 120 . 860 Project Acreage : 120 . 860 County : Indian River Section (s) : 22 Township(s) : 31S Range(s) : 38E Authority : 40CJ24j_(2)b 2 40C 44 �2 (h)-8 Existing Land Use : undeveloped uplands and wetlands Planning Unit: South Central Indian River Lag Receiving Water Body : Sebastian River Class : III Marine Final O & M Entity : Local Government O & M Submitted to General Counsel : N/A ' ERF Conservation Easements/Restrictions : Yes LOCATION AND BRIEF DESCRIPTION OF SYSTEM : ' This project is located on the north side of CR 512 , approximately 2 miles east of Interstate- 95 in Indian River County . The application is for the construction of a surface water management system to serve the proposed North County ' Regional Park , ST AFF COMMENT S : ' The proposed North County Regional Park is located on the St . Sebastian River Buffer Preserve on the north side of CR 512 , approximately 2 miles east of Interstate- 95 and just west of Sebastian River Middle School in Indian River County . The park will include baseball and soccer fields , a playground , two swimming pools and an artificial "tubing " river, with associated parking , maintenance , and restroom facilities . The site is currently undeveloped and contains mostly former pasture land with ' two herbaceous marshes . The pasture area contains a mosaic of hydric and non - hydric soils and patches of wetland - dominated ( hydric) vegetation amidst large patches of Bahia grass. When the area was under agricultural management (primarily cattle ) , native grasses were replaced by preferred forage species and small swales , that have diminished the hydrology of the pasture ' area and the two herbaceous marshes . Prior to the ranching activity , the area likely consisted of a mixture of wet and dry prairies but the agricultural alterations and subsequent land use have made delineation of actual wetland - upland boundaries extremely difficult and ambiguous . However, the area does retain some wetland functions and the applicant proposed that the wetland acreage be estimated by comparing the man - altered area to native prairie communities on nearby portions of the Buffer Preserve . This estimate of wetland acreage was accomplished by examining the percentage of wetlands within non -altered mapped soil types on the preserve and applying that percentage to the same mapped soil types in the altered pasture areas . This resulted in an estimate of 57 acres of the 120- acre site as being wetland . Staff believes the estimate was ' done in a scientifically valid manner and provides a reasonable basis upon which to base replacement of wetland habitat functions through mitigation . t The applicant proposes 42 acres of wetland impacts to the historical pasture areas . All of the impacts are located in pasture areas greatly altered by over 50 years of ranching activity . These hydrologic and vegetative alterations have ' resulted in an area which retains some of the original wet prairie function while being greatly reduced in species diversity and significantly reduced in hy_dropedod . The applicant has proposed wetland impacts cts within the low quality pasture areas of the site and outside of the two herbaceous wetland areas . As such , there has ' been some degree of reduction and elimination of impacts ; however, the project still calls for a large acreage of impact . it is staff' s opinion that further reduction t and elimination in the form of practicable design modifications is not necessary . The proposed project qualifies for the provision as outlined in Section 12 . 2 . 1 . 2 (a) , A . H . since the ecological value of the functions provided by the area of wetland or other surface water to be adversely affected is low , based on a site specific analysis using the factors in subsection 12 . 2 . 2 . 3 , A . H . , and the proposed mitigation will provide greater long term ecological value than the area of ' wetland or other surface water to be adversely affected . As mitigation for the loss of the remnant wetland functions still exhibited by the ' pasture , the applicant proposes a combination of onsite and offsite wetland restoration and enhancement . The two onsite herbaceous marshes will be hydrologically enhanced by blocking ditches which currently diminish water ' levels in the marshes , and vegetatively enhanced by supplemental plantings . ' The remaining portions of the mitigation will be done on portions of the Buffer Preserve directly adjacent to the project site . This portion of the Buffer Preserve is owned entirely by DEP and the Buffer Preserve manager has approved all ' aspects of the off- site mitigation . These areas consist of pasture similar in vegetation and hydrology to that being impacted . Hydrology will be restored by placing ditch blocks in drainage ditches and swales affecting the mitigation ' area . Canopy vegetation will be enhanced by the planting of maples , laurel oaks at lower elevations , and slash pine within the drier areas . ' Restoration of native herbaceous ground cover is also proposed within the offsite mitigation area . The restoration of the pasture areas from Bahia grass domination to a native plant assemblage is difficult to achieve ; however, the ' restoration is part of the management plan for the preserve and the effort will be coordinated with , and be conducted under the control of the Saint Sebastian ' River Buffer Preserve Manager. The permittee will perform the various restoration activities and be responsible for the ultimate success of the restoration . Because of the slow nature of such restoration , a longer period than ' normal is expected before final mitigation success is achieved . Restoration of a native herbaceous community will be aided by the hydrologic improvements mentioned above , but will also include herbicidal treatment of Bahia grass , ' disking , and seeding with wiregrass . Other experimental treatments may be attempted as suggested by the Buffer Preserve Manager consistent with advances in wet prairie restoration techniques . The county will be constructing the park facilities , and impacting on -site wetlands , in phases . Timing of . phases will depend upon available county ' funds . The county has provided the District with a table of the various facilities , and the wetland impacts entailed by each . Restoration acreage will also be ohased_ p.rQ.p.odLaaateLy w.itl th:e- i.mpacts- as_thearar-iou-s-favi-li-ties are-funded: This table will be referenced in permit conditions . The proposed surface water management system consists of inlets , pipes , r conveyance swales and two independent wet- detention systems . The first system consists of four, interconnected wet- detention lakes that will discharge into an east-west running ditch that crosses the property and connects to the South Prong of the Sebastian River. The second system consists of a single wet- detention pond that will overflow to a wetland proposed to be preserved on ' the east side of the property . The applicant has demonstrated that the proposed systems will meet District water quality treatment and attenuation criteria . ' Staff believes that the project meets all applicable conditions for permit issuance pursuant to sections 40C -4 . 301 and 40C-4 . 302 , F . A . C . z Wetland Summary Table North County Regional Park ' Governmental/Institutional acres Total Wetlands and n Surface Waters On -site 57.490 ' Impacts that Require Mitigation 41 . 980 - ' Impacts that Require No Mitigation 0 . 000 Mitigation 50 . 470* ' * 10 .79 acres on -site enhancement 39 . 68 acres off-site restoration Recommendation : Approval ' Conditions for Application Number 4-061 -66856- 1 : ERP General Conditions by Rule ( October 03 , 1995) 1 , 22 31 4 , 59 61 71 81 91 10 , 11 , 12 , 13 , 143 15 , 163 17 , 18 , 19 ERP/MSSW/Stormwater Special Conditions (November 09 , 1995) ' 17 41 10 , 13 , 153 18 , 19 , 28 OTHER CONDITIONS . 1 . The proposed surface water management system must be constructed and operated in accordance with the plans received. by the District on September 29 , 2000 and as amended by Sheet C- 3 received by the District on October 10 , 2000 and by Sheet C - 11 received by the District on November 3 , 2000 . ' 2 . Mitigation must be in accordance with the submittal received by the District on September 29 , 2000 as modified by the submittal received by the District on ' November 3 , 2000 . 3 . Monitoring must be in accordance with the submittals received by the District ' on September 29 , 2000 and November 3 , 2000 . A final monitoring plan with actual locations of transects and other specifics must be submitted for District review and approval at least 45 days prior to the implementation of each mitigation phase . 4 . Hydrologic monitoring , including both staff gauges and piezometers , must commence within 45 days of permit issuance and include locations in Mitigation Areas A , B1 , B ? , E , G , and H (two locations within H ) . Monitoring must occur at least once monthly in all proposed mitigation areas regardless of ' construction phasing . ' 5 . Wetland mitigation must be implemented according to the schedule included in the submittal received by the District on November 3 , 2000 . Initial mitigation activity for each phase , including ditch plugging and Bahia grass eradication , ' must be completed prior to commencement of construction on that phase , and all planting and seeding must be completed prior to the opening of that phase to public use . 6 . Prior to initiation of each mitigation phase , the permittee must obtain the ' written approval of both the District and the Saint Sebastian River Buffer Preserve Manager for the specific treatments and restoration methodology to be implemented or tested within that mitigation parcel . The submitted plan must ' specify the locations of any test plots , the location of reference plots , and the location of monitoring transects . ' 7 . Successful estabishment of tree , saw palmetto and cordgrass plantings will have occured when : ' A . At least 80 % of the planted individuals have survived through the monitoring period and are showing signs of normal growth ; and , ' B . The above criteria has been achieved at the end of a 5 year period following initial planting . 8 . Success of the prairie restoration areas will be based upon demonstration of a cor> irrarrig abidrrTffcrease a - eri aceous—species yypi`ca�f-ffatwoo s wet prairie communities . A continuing abiding increase will be defined as the percent cover by native non - nuisance herbaceous species increasing by 10 % per ' year. The restoration areas must ultimately achieve 80 % cover by native herbaceous species and mitigation will not be considered successful until that time . 9 . Monitoringof prairie restoration areas mus p t continue until success cnteria are achieved in each mitigation parcel . ' 10 . Within each wetland mitigation area - g area , native and nuisance vegetation must be ' controlled by hand clearing or other methods approved by the District and Buffer Preserve Manager so that they constitute no more than 10 °o of the aerial cover in each stratrum . An exception is made for Bahia grass which will be governed by other permit conditions . 11 . In the event that herbaceous prairie restoration goals are not met for two consecutive monitoring years , the permittee must within 60 days present to the District and the Buffer Preserve Manager a revised mitigation plan addressing ' the apparent reasons for restoration failure and proposing revised or increased restoration methods , The permittee must incorporate into the revised plan any advances in prairie restoration methodology advised by the Buffer Preserve ' Manager. The revised plan must be implemented with 90 days of approval by the District and the Buffer Preserve Manager. ' Reviewers : Blanche Soucheck- Langenbach Mark E Gronceski it if It -r if . • r':; n Il + /( 3 \� If I Ni:.l 'l�s. ' I1 11 .1 � l�1 '`�' ` �\ _ n I ^� If It It N If If `/ ^^ � i `�`! tt\\ \ l /jr! X IIIt p•\ I\ � % / \\\ �/ 1\ I Ill ! �' . NORTH X22 it It /l 14 \ i^ lk it 11 U N U 11 it X22 ^ + It 10 . X2 it -NORTH COUNTY REGIONAL PARK n PROJECT STYE 22 SECT 22 , TWN 31 , RNG 38 k x{ is ifit 3 � s ` 01 \ � em, t Fish js tc 1 'o Fish o 11 4er idge Hatchery x( r N 1 Vero ak Dstates ryy t ij mafi�=e mxa �y 27 5t0 26 wf4• �3 a ,. 26 ` . K 2 r-� ' FELLSMERE , FLA QUAD FIGURE 1 LOCATION MAP SCALE: l " = 2 , 000 r ENVIRONMENTAL RESOURCE PERMITTING GENERAL CONDITIONS OCTOBER 3 ; 1995 1 . All activities shall be implemented as set forth in the plans , specifications and performance criteria as approved by this permit. Any deviation from the permitted ' activities and the conditions for undertaking that activity shall constitute a violation of this permit. 2. ThisPit or a copy thereof, complete with all conditions attachments,achments, exubi'ts , and modifications, shall be kept at the work site of the permitted activity . The ' complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete Perm it prior to commencement of the activity authorized by this permit. ' 3 . Activities approved b this permit shall be conducted in a manner which do not cause PP Y violations of. state water quality standards . 4. Prior to and during construction,: the permittee shallimplement and maintain all erosion and sediment control measures (best management practices} required to retain sediment _on-site .and to prevent violations of state water quality standards. All practices must be in accordance with the, guidelines and specifications in Chapter 6 of the Florida Land .Development Manual: . A Guide to, Sound Land and Water ' Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless aproject specific erosion and' sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require .additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in - chapter 6 of the Florida Land Development Manual : A Guide To Sound Land and Water Management (Florida Department of Environmental Regulation 19£8). The permittee correct mittee sany erosion or shoaling that causes adverse impacts to the water resources. 5 Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions .of the site where construction ' activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. ' At least 48 hours prior to commencement of activity authorized by this permit, the ipermittee shall submit to the District a Construction Commencement Notice Form No . 40C4 . 900(3 ) indicating the actual L start date and the expected completion date . t 7 . When the duration of construction will exceed one year, the permittee shall submit ' construction status reports to the District on an annual basis utilizing an annual Status Report Form No . 40C4 . 900( 4) . ?hese forms shall be submitted during June of each year.. 8 . For those systems which will be operated or maintained b an entity which will y lx y ty require an easement or deed restriction in order to provide that entity with the ' authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook: ' Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicants Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents - referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9 . Each phase or independent portion of the permitted system must be completed in accordance with it conditions prior to the ini the permitted plans and permtiation of the. permitted use of site infrastructure located within the area served by that portion ' or phase of the system. Each phase . or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of ' d the system to a .local° government or other responsible entity . 10 . Within 30 days after completion of construction of the permitted system, or indepeltdent portion of the system, the certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As-Built ' Certification Form 40C4081 ( 13) or 40C - 1 . 181 ( 14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings isubmitted to the District. . Submittal of the completed form shall serve to notify the District that the system is ready for inspection. Statement of completion and certification shall be based on the on-site observation of construction (conducted by ' the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised r s to reflect any changes made during construction. Both the original and anv revised ' specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing; All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be certified on the as-built drawings : A. Dimensions and elevations of all discharge structures including all weirs, slots, ' gates, purnps, ' pipes, and oil and grease skimmers ; B . Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including 'cleanouts, pipes, connections to control structures, andints of discharge to the receiving waters ; C . Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate, D . Dimensions, elevations, contours, final grades, or cross-sections of the system to determine Clow directions and conveyance of runoff to the treatment system; E. Dimensions, elevations, 'contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the syst6m; F . Existing water, elevation(s) and the date determined; and G. Elevation and location of benchmark(s) for the survey. 11 . Theoperation phase of this permit shall not become effective, until the permittee has complied with the requirements of generalcondition no . 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 .4 of the Applicants Handbook. Management and Storage of Surface Waters, accepts **sps�nsibility fol operation and wWritenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation ' pbW.pjthe permit becomes effective. Following inspection and approval of the system- by the District, the permittee shall request trans: of the permit to ' the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7 . 1 of the Applicants Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the rY 8 permitted system, the permittee shall provide written notification to the District of the changes prior to ' implementation so that a determination can be made whether a permit modification is required. ' 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the .permittee ' any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or ' convey any rights or privileges other than those specified in the permit and chapter 40C4 or chapter. 40C.40 , F . A. C . , ' 14 . The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by. the permit or any use of the permitted system. 15 . An delineation of the extent of a wetland or other surface water submitted as art of Y P the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373 .421 (2), F.S ., provides otherwise. 16 . The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer or ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or r transfers of a permit are subject to the requirements of section 40C- 1 . 612 , F .A.C . The permittee transferring. the permit shall remali inable for any corrective actions that may be required as a result. of any permit violations prior to the sale, conveyance or other transfer. 17 . Upon reasonable notice to the permittee, District authorized staff with proper ; identification shall h aye permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. ' IS * If archeological artifacts are discovered at an time on the project site , historical or _ g Y P J the permittee shall immediately notify the District. 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ENVIRONMENTAL RESOURCE PERNUTTING/MSSW/STORMWATER SPECIAL CONDITIONS NOVEMBER .9, 1995 Duration and Completion 1 . This permit for construction will expire five years from the date of issuance. Conceptual _ ' 2. Pursuant to Section 3 .4.2(s) of the MSSW Applicant' s Handbook, this permit does not authorize any construction, operation, or alteration of the proposed system. 3 . This Conceptual Approval permit is valid for twenty years from the date of issuance, provided that construction of the initial phase of the system is permitted and construction ' undertaken within two years of the issuance of this conceptual approval permit, and provided that all phases of the system are designed and built in accordance with the terms of the conceptual approval permit and that all required Permits for subsequent phases are obtained. High Maintenance S'stems 4. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. Wet Detention 5 . The littoral zone of the wet detention system, as shown on the approved plans, must • : be vegetated, with a mizture ' of native herbaceous vegetation, achieving an 80% cover . : within 18 . months of completion of the system. . At least an 80% cover must be maintained in perpetuity. ,. 6 All activities necessary to establish the vegetated littoral zone as required by permitted ;,,plans and other conditions of this pe*?a+t; must .be cople d prior, to any of the following events (whichever occurs first) : issuance of the first certificate of occupancy; the use ' of infrastructure for its intended use; or transfer of responsibility for operation and maintenance, of the system to a local government of other responsible entity . ' Karst Sensitive Areas 7 . If limestone bedrock is encountered during construction of the retention basins or a ' sinkhole or solution cavity forms during construction, construction of the basin must lie halted immediately and the District must be notified. Remedial action will be required. F '� 1 ' 8 . The permittee must visually inspect all permitted surface water management basins monthly for the occurrence of sinkholes. and document these inspections on District Condition Compliance Form Number EN-33 . Two copies of the completed forms must be sent to the District annually by May 31st of each year. 9 . The permittee must report any sinkhole that develops within the surface water ' management system. Permittee must notify the District of any sinkhole development in the surface water management system within 48 hours of its discovery and complete sinkhole repair. within 10 days of such discovery using a District approved methodology . ' Wetland Preservation/Creation ' 10. . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 11 . The permittee must submit two copies of as as-buil survey o� she wetland mitigation areas certified by a registered surveyor or professional engineer showing dimensions , grades, ground elevations, water surface elevations, and species composition, numbers and densities . The as-built must be submitted with the first monitoring report. ' 12. Within the wetland mitigation areas , non-native vegetation, cattails (Typha spp .) and . primrose willow (Ludwiga peruvianna) , must be controlled by hand clearing or other methods approved by the District so that they constitute no more than 10% of the areal cover in each stratum. ' 13 . Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 14. The wetland mitigation areas must be planted prior to any of the following events (whichever occurs first) : issuance of the first certificate of occupancy; use of the infrastructure for its intended use; or transfer of responsibility for operation and maintenance of the system to a local government or other responsible entity . ' 15 . The Permittee must furnish the District with two copies of an annual monitoring report in the month of August on District form BN-55 , for the time .period stated in this permit' s success criteria condition. 16 . Successfuloestablishment of the wetland mitigation area will have occurred when : A. At least 80 percent of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, ' based upon standard growth parameters such as height and base diameter, or canopy circumference; and, ' B . At least 80 percent cover by appropriate wetland herbaceous species has been obtained; and, r- C. Hydrologic conditions generally conform to those specified in the mitigation plan; and, D. The .above criteria has been achieved by the end of a 3 year period following initial planting. 17 . Successful establishment of the wetland mitigation area will have occurred when : A. At le ast .80 percent of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, ' based upon standard growth parameters such as height and base diameter, or canopy circumference; and, ' Be At least 80 percent cover. by appropriate wetland herbaceous species has been obtained; and, C= , hydrologic conditions ,generally conform to . those . specifled in the mitigation plan ; .. . and., D. The above criteria have been achieved b the end of a y 5 year period following initial planting. ' 18 . If successful establishment has not occurred as stated. above , the permittee . must apply PP Y to the District fora permit modification no later than 30 days following the termination ' of the monitoring period. The application must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wetland mitigation area so that the success criteria will be achieved. Within 30 days of District approval and issuance of the permit modification, the permittee must implement the redesign and/or replacement planting. Following completion of such work, success criteria as stated above or modified by subsequent ' permit must again be achieved. In addition, the monitoring required by these conditions must be conducted. ' 190 In the event that 50% or greater mortality of planted wetland species in any stratum within the mitigation area occurs, the Permittee must undertake a remediation program ' approved by District staff. Conservation Easements = (To be used when the conservation area is an unsubdivided Darcel of ' property) 20. Prior to the sale of any lot or parcel, or use of the infrastructure for its intended use , ' whichever occurs first, the permittee must record a conservation easement on the real property pursuant to section 704.06, F. S . , prohibiting all construction including clearing, dredging, or filling, except that which is specs c ically authorized by this permit within the wetland mitigation areas delineated on the final plans .and/or mitigation proposal approved by the District. The easement must contain provisions as set forth in paragraphs l (a) -(h) of section 704. 06 , F. S . , as well as provisions indicating that they may be enforced ' - by the District, and may not be amended without the District approval. Priorto lot or parcel sales, all changes in direction of the easement area boundaries must be ' permanently monumented above ground on the project site . ' Within 30 days of recording, the Permittee must provide the District with the original recorded easement showing the date it was recorded and the official records book and page number, a surveyors sketch of the area included in the legal description, and a surveyors sketch of the easement area plotted on the appropriate USGS topographic map . Covenants and Restrictions (To be used when the conservation area is subdivided such as residential developments where the lot lines extend into the conservation area) ' 21 . Prior to the sale of any lot or parcel, the permittee must record Declarations of Covenants and Restrictions which include a restriction on the real property pursuant to section 1 704.06 , F. S . ; prohibiting all construction including clearing, dredging, or filling, except that which is specifically authorized by Environmental Resource permit, within the conservation areas delineated on the final plans and/or mitigation proposal approved by ' the District. The deed restrictions must contain provisions as set forth in paragraphs 1 (a)-(h) of section 704.06 , F.S . , as well as provisions indicating that they may be enforced by the District or Department of Environmental Protection and may not be amended ' without District approval. Prior to lot or parcel sales, the restricted area boundaries must be permanently ' monumented above ground on the project site where each lot intersects the conservation areas. Within 30 days of recording, the Permittee must provide the District with a certified copy of the recorded restrictions showing the date it was recorded and the official records book and page number, `a surveyors sketch of the area included in the legal description, and a surveyors sketch of the restricted area plotted on the appropriate ' USGS topographic map. Integrated Pest Management Plan/Golf Course 22. Within 90 days of permit issuance, the Permittee must obtain District approval of a site specific, integrated Pesticide Management Plan. The management plan must ' specify the usage of non-chemical or cultural means as the primary defense against nuisance and/or destructive pests: These non-chemical measures should include practices such as: the planting and maintenance of native vegetation where possible ; the use of pest and/or disease tolerant vegetation; the proper selection and application of fertilizer. proper supplemental watering ; the use of mulch for weed control, and proper maintenance practices including mowing frequency , mowing height, mechanical ' dethatching, removal of dying or dead vegetation , etc . The planmust also include information on the following: A. Insecticides , nematicides, fungicides or herbicides to be used; B . Method(s) of application; ' C. Time frames for use and application ; and D . For the pesticides that will be used, specification of: - Half-lives - N-Octanol/water partition coefficient (Kow) ' - Lethal dose coefficient (LD50) - Solubility ' Any pesticides selected n}ust exhibit a short half-life ( < 10 weeks ) , a low n-octanol/water coefficient (<5 . 0) , and be suitable for use with local soils and groundwater pH conditions. The use of oiganchlorides and other pesticides either listed by EPA as canceled ' or suspended, or otherwise prohibited by stateor federal law is not allowed. ' 23 . The permittee must adhere to the fertilizer recommendations set forth in the manual for commercial turf grass management by the University of Florida compiled by the Florida Turf-Grass Association. The nutrient loading attributable to the application ' of effluent shall be considered a source of fertilizer . for the . golf course and additional non-effluent fertilizer sources shall be utilized only as a supplement. Water Quality Sampling 24. All water quality data must be submitted to the District within 14. days of receipt of :the analytical laboratory report using the appropriate District form (EN- 16 - EN-20) or an equivalent format approved ' by District staff. 25 . The data collected for the water quality monitoring program must be submitted to the District annually by December 3 .1 of each year using the appropriate District form (EN= 16 - EN-20) or an equivalent format approved by District staff. ' 26. After 5 years of monitoring, the Permittee may request a modification of the parameters and frequency of the monitoring program by demonstrating that. the collected data represents steady state conditions, is sufficient to establish baseline ranges for indicator parameters and provides an adequate basis for evaluating the project' s compliance with ' state water quality standards. 27 ,. Within 30 days of the issuance of this permit, the Permittee must submit a site specific .quality assurance plan for approval by District staff. The quality assurance plan must conform with-:FDER Gude Enes for Prep=nnb Quality Assurance _Plass (DEAD-QA-001 /85 , dated January 30, 1986) . Ins ction ReRgrts - Retention Underdrain Wet Detention Swales and Wetland Systems - designed by a Registered Professional) ' 28 . Theo operation and maintenance entity shall submit inspection reports to the District P tY P P two years after the operation phase permit becomes effective and every two years ' thereafter on District form EN46 . The inspection form must be . signed and sealed by an appropriate registered professional. Inspection Reports - (Not designed by a Registered Professinal) 29 . The operation and maintenance entity shall submit inspection reports to the District two years after the operation phase permit becomes effective and every two years thereafter on District form EN47 . Inspection Reports - (Filtration Exfltration and Pump Systems) 30. The operation and maintenance entity shall submit inspection reports to the District one year after'the operation phase permit becomes effective and every two years ' thereafter on District form EN46 . The inspection form must be signed and sealed by an appropriate registered professional. Agricultural 40C44 . 31 . The permittee must maintain hour meters, in operating order, on each drainage pump . ' If the hour meters are not installed at the time of permit issuance, they must he i-nstaLed within 60 days of the issuance of the permit. Reports of pump operating hours for each pump must be submitted to the District quarterly, using forms provided by the District. 32. The permittee must maintain a staff gauge, referenced to NGVD , in each detention pond. If the staff gauges are not installed at the time of permit issuance, they must be installed- within 60 days of the issuance of the permit. Water levels must be recorded a minimum of 3 nonconsecutive days per week, or as an alternative, once a week and daily during pump operation. Reports of water levels for each pond must be submitted quarterly to the District using forms provided by the District. 33 . The permittee must monitor the water quality on a .quarterly basis at each discharge point from pumps or pond outfalls to waters of the state. If no discharge has occurred during a particular quarter, no sampling is required. Water samples must be analyzed for the ' parameters listed in Table 1 . Samples must be analyzed by a laboratory certified by the Florida Department of Health. ' 34. If, after five years of water -quality monitoring the permittee demonstrates that the data collected represents steady state conditions and is adequate to project future compliance with state water quality standards; the District shall amend the monitoring conditions by reducing the frequency of. mo��ito�irg or the number of. ga.* eters mo*ritored, or elimination such requirements . ' 35 . If, after five.. years of water quality monitoring , the District notifies the permittee in writing that discharges from the surface water management system have not complied ' with the performance standards described in subsection 40C44.065 ( 1 ) and (2) , F. A . C ., then the permittee must apply for an individual permit. ' 36 . If, after one year of water quality monitoring , the District notifies the permittee in writing that discharges from the surface w ater management system have not complied with the performance standards described in subsections 40C-44 .065 ( 1 ) and (2) , F . A . C . , ' then the permittee must apply for an individual permit. INDIAN RIVER COUNTY ' NORTH REGIONAL PARK INDIAN RIVER COUNTY, FLORIDA MITIGATION PLAN - FINAL USACOE & SJRWMD ' JULY 2001 ' PREPARED BY ENVIRONMENTAL CONSULTING GROUP, INC. 160 OXFORD ROAD, SUITE 130 ' FERN PARK, FL 32730 (407) 331 =6599 "F/Ac colsn, ' CONTENTS ' INTRODUCTION 1 ALTERNATIVE ANALYSIS 1 ' WETLAND DETERMINATION AND WETLAND IMPACTS 2 Methodology 3 ' Study Area 3 Results 3 Park Wetland Area Calculations 5 Wetland Impacts 5 SJRWMD RAI RESPONSES 6 WETLAND AVOIDANCE AND MINIMIZATION 6 MITIGATION 7 MONITORING 9 PROJECT PHASING 10 ENDANGERED AND THREATENED SPECIES 11 SUMMARY 11 ATTACHMENTS Park Soils Map and Flagged Wetlands Map Study Area Soils Map Study Area Soils Map and Wetland Map Mitigation Area Map = Original Mitigation Area Map - Additional Planting Area Mitigation Area Planting Table WRAP Score Sheets ' Indian River County - Alternative Site Selection Considerations INTRODUCTION Indian River County proposes to develop a regional park located at the north end of the county east of Interstate 95 , The North Regional Park (Park) property consists of approximately 120 acres situated north of C . R. 512 approximately 1 .75 miles east of Interstate 95 . Specifically , the Park is located at the entrance of the St. Sebastian River State Buffer Preserve. The Park will utilize the entrance road to service planned facilities that include a pool complex, ballpark, soccer field and other recreational activities. ' The subject site consists primarily of abandoned pasture dissected by numerous swales , ditches, and a main access road to the St. Sebastian River State Buffer Preserve (Buffer Preserve) . The pasture , appearing on 1943 and more recent USDA aerial photography, has been in a pasture condition for at least 57 years. The ' agricultural swales and ditches lead to large drainage canals that occur north and south of the subject property and drain toward the South Fork of the Sebastian River. With the exception of one depression on the west side and one on the northeast comer of the property, the site is predominantly vegetated by Bahia grass (Paspalum notatum) with scattered Centella asiatica, Hydrocotyle sp. , Rubus cuneifolius, Juncus spp. Myrica cerifers, Ludwigia peruviana, Sabal palmetto, and Pinus elliottii. The soils exhibit hydric soil characteristics (accretions, and mucky texture) in a large portion of the property. Soil saturation to the surface was not observed at the time of the initial inspections because of drought conditions . During subsequent review in August 2000 following ' heavy rainfall , saturation to the surface was observed in many areas on Park property. Because of these disturbed conditions, a wetland area determination for the disturbed subject property was established by determining approximate wetland areas within naturally vegetated sites that have been mapped by the SCS (NRCS) as having the same soils as those occurring on Park property. The procedure , as discussed with District staff, and the results of this examination are described in the following paragraphs. �- ALTERNATIVE ANALYSIS The Indian River County Comprehensive Plan , Recreation and Open Space Element, identified the need for public recreation areas in the north and south sections of the county. The need is a result of faster than anticipated growth . ' Indian River County developed a site selection process in 1994 to determine the available sites in the north county area : The site selection criteria included the following: 1 . 80 to 100 acre parcel 2 . Frontage on a collector or arterial road with easy access 3 . Close proximity to major schools 4 . Minor cost to taxpayers 5 . Proximity to water, sewer, electrical utilities , and limited drainage constraints 6 . Minor or no environmental issues The following properties were considered and are marked on the attached map . 1 . V. F . and Idona Thornton 55 Acres 2 . Edmund Ansin 80 Acres ' 3 . Davis Land Trust 80 Acres 4 , St. Sebastian River State Buffer Preserve 121 Acres ' 1 ' description (including maps) of the parcels and the issues associated with each parcel is attached . The Ades pt ( 9 P ) following is a summary concerning location of a regional park on these parcels: • The first three of the above referenced parcels were either at or below the minimum acreage requirement; therefore they are not suitable for park development. ' The Thornton property, in addition being too small , does not have a major access road to the property , and would negatively impact residential neighborhoods; therefore it is not suitable for park development. • The Davis Land Trust is of minimum size (taking into consideration the environmental conditions , the parcel does not meet the minimum acreage requirements) , would negatively impact residential neighborhoods, and has significant wetland area including forested wetland and a creek diagonally dissecting the middle of the site ; therefore it is not suitable for park development. • The Ansin property is an V shaped parcel , consists of approximately 75% wetlands, including forested ' and marsh wetlands, and because of its shape and the location of wetlands in the larger portion , the parcel does not meet the minimum acreage requirements; therefore it is not suitable for park development. ' The Buffer Preserve property is 120 acres in size (exceeds the minimum 80 acre requirement) , is predominantly disturbed (pasture) , does not negatively impact residential neighborhoods, has access from a major road , and because of its size and the minor extent of significant wetlands required to be restored and enhanced , the parcel is adequate for park development. The following comments are made in response to the letter from Floridians for Environmental Accountability. ' The Buffer Preserve fronts C . R. 512 approximately 1 . 75 miles east of its 1=95 intersection , thus providing easy access to the public in this region , as well as access from all sectors of the county. In addition , in 1995 the Trustees of the Internal Improvement Trust Fund (TIIF) agreed to purchase property to form the St. Sebastian River State Buffer Preserve . As a part of that decision , the TIIF directed its staff to work with the county so that a portion of the Buffer Preserve would be available for recreation and economic development purposes . Through the coordinated efforts of the Florida Department of Environmental Protection , the St. Johns River Water management District and Indian River County, it was determined that the subject 121 -acre site, being pasture , does not include substantial environmentally sensitive areas. In addition , the subject parcel is located at the south end of the Buffer Preserve along C . R. 512 and is dissected by an access road to the Buffer Preserve and the Paris. Buffer Preserve management would not be affected ; in fad, the Park is included in the Buffer Preserve Management Plan and the park includes efforts to restore a portion of the Buffer Preserve adjacent to the Park in a manner that will restore environmental functions and provide a visual , aesthetic, and ecological buffer between the Paris and the remaining portion of the Buffer Preserve . This is planned even though other recreational activity (independent, not an Indian River County function) occurs immediately north of ' the restoration provided by the Park. iWETLAND DETERMINATION & WETLAND IMPACTS Park property was mapped by SCS/NRCS , which indicates that four soils occur within the Park boundary (see enclosed soil map) . The four soils and the approximate acreage and percentage of the property are listed in the following table . SCS MAP # SOIL NAME ACRES PERCENT AREA 10 RIVIERA FINE SAND 106 88. 33% 13 WABASSO FINE SAND 10. 7 8. 92% 48 ELECTRA FINE SAND, 0 TO 5% SLOPES 1 . 4 1 . 17% 53 MANATEE MUCKY FINE 1 . 9 1 . 58% LOAMY SAND , DEPRESSIONAL TOTAL 120 100.00% 2 1 Methodology ' ArcView 3 .2 was used to perform the wetland determination using soil and vegetative cover maps and digital orthoquads (1995) . The Arclnfo soil map coverage file (converted to ArcView shape file) for Indian River County was downloaded from the SJRWMD web site and the DOQ95 of Indian River County was obtained from r SJRWMD on a compact disc. Areas having the four soils listed above were identified within the geographic region for which there was some familiarity with vegetative cover. Interpretation of the DOQ95 (1 meter resolution) and spot ground truthing were conducted to delineate approximate boundaries of vegetative cover. The vegetative boundaries were then digitized and the boundaries subsequently clipped within the boundaries ' of the four soils. The wetland acreage and percentage of wetland cover were determined for each soil polygon on the soil map. From this determination , the percentages of wetland were calculated for the North Regional Park property by soil type according to the acreage for each soil on the property. Based on the SCS soil r descriptions for the soils and observations made in the field , it was assumed that areas being mapped as Electra Fine Sand , 0 To 5% Slopes were 100% upland , Manatee Mucky Fine Loamy Sand , Depressional were 100% wetland , and Riviera Fine Sand and Wabasso Fine Sand contained a mix of wetland and upland . The portions of soil polygons that overlap I-95 were not included in the examination . In addition , any soil polygons roverlapping pasture were not included . Maps identifying the study area , the soil polygons, and wetland within each polygon are attached to this report. rStudy Area The study area consists of approximately 3 ,330 acres extending from County Road 512 north to the 1-95 curve ' near a FDOT borrow pit and extending from the Florida Gas Transmission Company easement west of 1-95 east to the St. Sebastian River State Buffer Preserve main access road and the South Fork of the Sebastian ' River. This area is within the same geographic region as the Park and has similar topographic conditions. Areas having the same soil within pastures (non-natural vegetative conditions) were not included in the examination , but are shown on the attached map. Results The vegetative cover includes a mix of saw palmetto (Serena repens) flatwoods , wet prairie and marshes. Wet r prairie is predominately vegetated by wiregrass (Aristida sp.) , Amphicarpum muhlenbergianum, Dichanthellum sp. , Xyris sp., Juncus sp. and scattered slash pine (Pinus elliottir) . The marsh is predominantly vegetated by maidencane (Panicum hemitomon) , arrowhead (Sagittaria lancifolia) , and pickerelweed (Pontederia cordata) . The saw palmetto flatwoods are considered to be uplands; the wet prairie and marshes are considered to be wetlands. The soil boundaries for the study area are indicated on the attached maps . A summary of acreage for each soil r polygon is provided for each soil in the tables below. The soil ID is the soil unit number and the polygon number. An NIC designation identifies the not-included soil polygon because it occurs in a pasture . The hydric soil classification is indicated to be true or false . The adjusted acres are those acres without the NIC soils. The upland and wetland acreage and the average percentage of wetland in the total row are indicated . 1 ADJUSTED WETLAND UPLAND PERCENT ' P48A SOIL NAME HYDRIC SOIL ACRES ACRES ACRES ACRESS WETLANDELECTRA SAND , 0 TO 5 % SLOPES F 21 . 3 21 . 3 0 21 . 3 0. 00%ELECTRA SAND , 0 TO 5 % SLOPES F 11 . 8 11 .8 0 11 . 8 0. 00% NIC ELECTRA SAND 0 TO 5 % SLOPES F 7. 1 0. 0 0 0 0. 00% 48-2 ELECTRA SAND , 0 TO 5 % SLOPES F 7. 0 7. 0 0 7 0. 00% TOTAL 472 .j 40.1 0 40. 1 0.00% r r 3 r ADJUSTED WETLAND UPLAND PERCENT ' ID ISOIL . NAME HYDRIC SOIL ACRES ACRES ACRES ACRES WETLAND MANATEE MUCKY LOAMY 53-2 FINE SAND DEPRESSIONAL T 5.2 5. 2 5. 2 0 100% MANATEE MUCKY LOAMY ' 53-1 FINE SAND, DEPRESSIONAL T 3.6 3. 6 3. 6 0 100% MANATEE MUCKY LOAMY 53-3 FINE SAND, DEPRESSIONAL T 2. 9 2. 9 2. 9 0 100% ' MANATEE MUCKY LOAMY 534 FINE SAND , DEPRESSIONAL T 3. 5 3. 5 3. 5 0 100% MANATEE MUCKY LOAMY 53-5 FINE SAND, DEPRESSIONAL T 14. 5 14. 5 14. 5 0 1 100°x6 ' MANATEE MUCKY LOAMY NIC FINE SAND, DEPRESSIONAL T 1 . 9 0 0 0 100% MANATEE MUCKY LOAMY 53-7 FINE SAND , DEPRESSIONAL T 7. 7 7. 7 7. 7 0 100% ' TOTAL 39.3 37.4 37.4 0 100% ADJUSTED WETLAND UPLAND tPERCENID SIN SOIL NAME HYDRIC SOIL ACRES ACRES ACRES ACRES NIC 10 RIVIERAFINESAND T 649 0. 0 0 0 10 -1 10 RIVIERAFINESAND T 27.2 27.2 0 27.2 NIC 10 RIVIERA FINE SAND T 240.6 0. 0 0 0 NIC RIVIERA FINE SAND T 4.2 4.2 0 4.2 0. 00% 10-5 10 NIC 10 IRIVIERA FINE SAND T 4.2 0. 0 0 0 NIC 10-7 10 RIVIERA FINE SAND T 0. 8 0. 8 0 0. 8 0. 00% 110-2 10 RIVIERA FINE SAND T 64. 0 64. 0 0. 3 63. 7 0.47% 10-3 10 RIVIERA FINE SAND T 195 . 7 195.7 126. 8 68 . 9 64.79% 10-3 10 RIVIERA FINE SAND T 115. 1 115. 1 40 . 7 74. 4 35. 36% NIC 10 RIVIERA FINE SAND T 23. 0 0. 0 0 0 NIC TOTAL 739.7 407.0 167 .8 239.2 41 .23% S ' ADJUSTED WETLAND UPLAND qEA ID SIN SOIL NAME HYDRIC SOIL ACRES ACRES ACRES ACRES ' NIC 13 WABASSO FINE SAND F 14. 9 0. 0 0 0 13-2 13 WABASSO FINE SAND F 42. 8 42. 8 0 42. 8 13-5 13 WABASSO FINE SAND F 25. 1 25. 1 13 12. 1 NIC 13 WABASSO FINE SAND F 18.2 0. 0 0 0 13-7 13 ABASSO FINE SAND F 34. 5 34. 5 0 34. 5 13-6 13 WABASSO FINE SAND F 8. 2 8.2 0 8 .2 0. 00% NIC 13 WABASSO FINE SAND F 5. 1 0. 0 0 0 NIC 13-1 13 WABASSO FINE SAND F 40 .6 40.6 0 40.6 0. 00% 13-8 13 WABASSO FINE SAND F 51 . 4 51 .4 5.2 46.2 10 . 12% NIC 13 WABASSO FINE SAND F 9 . 4 0 . 0 0 0 NIC TOTAL 250.2 202.6 18 .2 184.4 8.98% 4 ' The following table provides a summary for each soil type. ' ADJUSTED WETLAND UPLAND PERCENT SOIL NAME HYDRIC SOIL ACRES ACRES ACRES ACRES WETLAND ELECTRA SAND, 0 TO 5 % SLOPES F 47.2 40. 1 0 40. 1 0. 0011 MANATEE MUCKY LOAMY FINE SAND, DEPRESSIONAL T 39. 3 37. 4 37 . 4 0 100 ' RIVIERA FINESAND T 739. 7 407. 0 167. 8 239.2 41 . 23% WABASSO FINE SAND F 250.2 202. 6 18 .2 184. 4 8. 98% Park Wetland Area Calculations ' Wetlands within the Park can be calculated using the data above . As discussed with District staff, all of the . flagged wetland areas are to be considered as wetland . Therefore the calculated wetland area is based on the acres of flagged wetland plus the calculated areas within the soil types. The flagged wetlands include 100% of ' the Manatee Mucky Loamy Fine Sand , Depressional area and portions of the Riviera Fine Sand areas. The wetland area calculations are provided in the following tables. WETLAND # ACREAGE RIVIERA FINE SAND MANATEE MUCKY FINE ACREAGE FLAGGED LOAMY SAND, DEPRESSIONAL ACREAGE FLAGGED 1 12. 71 12. 71 0 2 1 . 13 1 . 13 0 3 1 .24 1 .24 0 4 5 .45 3 . 55 1 .9 TOTAL 2043 18.63 1 .9 STUDY AREA PARK FLAGGED NET ACRES* CALC. PERCENTAGE ACRES WETLAND WETLAND SOIL NAME ACRES ACRES** ELECTRA SAND, 0 TO 5 % 0% 1 .4 0 0 0 SLOPES MANATEE MUCKY LOAMY 100% 1 .9 1 . 9 0 1 . 9 ' L SAND, DEPRESSIONAL RA FINE SAND 41 .23% 106 18. 63 87. 37 54. 63 ASSO FINE SAND 8. 98% 10. 7 0 10. 7 0. 96 L - 120 20.53 98.07 57.49 * Net acres = Park acres - flagged wetland acres "Calculated wetland acres = Flagged wetland acres + (net acres x study area percentage) Based on the calculations above , North Regional Park contains approximately 57.49 acres of wetland . Wetland Impacts The proposed development plan includes recreation fields, associated parking and road access , wetland preservation/restoration , and vegetation buffers between the Park and C . R. 512. Other vegetation buffers ' outside the Parts are also provided , but are not included in the wetland impact acreage calculation . The wetland acreage calculations include potential impacts resulting from the stormwater tract being set aside for future C . R. 512 improvements . The table below summarizes wetland impact by soil type . 5 SOIL TOTAL WETLAND ACREAGE WETLAND IMPACT ' ACREAGE PRESERVEDIRESTORED ELECTRA SAND, 0 TO 5 % SLOPES 07 0 0 MANATEE MUCKY LOAMY 1 . 9 1 . 9* 0 FINE SAND , DEPRESSIONAL RIVIERA FINE SAND 54. 63 13. 11 ** 41 . 52 WASASSO FINE SAND 0. 96 0.5*** 0 .46 TOTAL 57.49 8 .82 41 .98 ' * Flagged Wetland # 4 ** Flagged Wetland # 3 & 4 & adjacent Preserve and buffer along C . R. 512 *"* Buffer along C . R . 512 ' The calculated wetland impact is approximately 41 . 98 acres. ' SJRWMD RAI RESPONSES The following comments are responses to SJRWMD RAI questions 11 , 12, 13 , and 14 . Question 11 ' Because of the disturbed and varying conditions (vegetation , hydrology, and surface soil disturbance by hogs) on the property, the establishment of points to determine the seasonal high water would be as difficult as wetland delineation . The submitted site plans include topographic information . Based on discussions in the field with staff, it is estimated that the mucky texture at the surface surrounding the flagged wetland boundaries indicate that the seasonal high water table was at the surface and may at times be standing on the surface . The ground surface elevation varies, but appears to be approximately 19 .4 feet near the perimeter of the flagged ' wetland boundary. This elevation matches closely with the invert elevation of a swale draining and exiting the northwest comer of flagged Wetland #4 . Placing the elevation higher would mean that the main access road (elevation 19 .9 feet to 20 . 5 feet) would be flooded . Question 12 The response to this question is provided with the response to Question 14, Question 13 A copy of the mitigation plan is being provided to Keith Fisher, Manager of the St. Sebastian River State Buffer ' Preserve . His comments will be provided as available . Question 14 1 Please refer to the description of mitigation that follows. ' WETLAND AVOIDANCE AND MINIMIZATION ' Impacts to wetlands have been avoided and/or minimized through a property selection process as described in the Alternative Analysis section above . The other sites appear to have more environmentally significant wetlands (forested and marsh wetlands) as compared to the selected Buffer Preserve property (pasture wetlands are the only impacted wetlands) . ' 6 ' In addition , wetland impacts have been avoided and minimized by project planning in the early stages that identified the lesser affected wetlands (wetlands number 3 and 4) , which are the lower areas having discernable ' and more desirable wetland vegetation . The remaining portion of the property consists of pasture being drained by a series of ditches and swales . This condition rendered it difficult for wetland delineation ; therefore , an evaluation of soil conditions was used to identify the possible amount of wetlands without respect to location . It is likely that the subject area consisted of a mosaic of wetlands (prairie) and flatwoods . Therefore , avoidance and minimization is not practical . However, it should be noted that the location of Paris facilities took topography into consideration . For example , the stormwater tracts totaling 13.72 acres of excavated ponds are located in the lower areas along the property perimeter and the other Park facilities are located on higher ground . These ' ponds will provide some habitat use on the adjacent restored/enhanced property within the Park or on the adjacent Buffer Preserve . As stated in our meeting , the stormwater ponds will be fenced to separate the Paris use from the ponds, but the fencing will not be erected along the restored/enhanced habitat and stormwater ' interface , thus allowing wildlife access. ' MITIGATION The mitigation plan was presented in the document submitted in September 2000. A summary of the plan as ' well as the additional area (approximately 16 acres) as discussed at the meeting is provided below. The Paris property consists of land disturbed by previous cattle grazing activity, agricultural drainage swales and ditches, main access road drainage ditches and major drainage canals north and south of the Park. The proposed mitigation for the wetland impacts include performing restoration activities within the Paris and lands within the Buffer Preserve abutting the Park: • Preserving and restoring Wetlands 3 (1 .24 acres) and 4 (4 . 12 acres) by installing ditch blocks (elevation 19 .4) in the swale that drains the wetlands and planting wetland vegetation in these wetlands. • Restoring hydrology and restoring vegetative diversity (including habitat) on adjacent lands (pasture) totaling approximately 37. 15 acres (within the buffer preserve) . Wetlands will be restored by installing ' ditch blocks (elevation 19.4 feet) in drainage ditches along the main access road leading to the main drainage canal to the north and other interior swales. Vegetative diversity would be restored by planting trees consisting of maple (Acerrubrum) , diamond leaf oak (Quercus launfolia) , and slash pine seedlings (Pinus ellioffii var. densa) . Herbaceous experimental plots of saw palmetto and wiregrass will also be included. Herbaceous vegetative diversity would be restored by improving hydrology, which would encourage native vegetation recruitment. • Preserving approximately 4 . 98 acres of forested area (within the Park) along the south boundary of the Paris. • Restoring hydrology and planting an additional 16-acre area contiguous with the restored/enhanced habitat. • Preservation within the Paris of areas vegetated by slash pine and saw palmetto as well as a mix of oak, saw palmetto and pine. Attached are a map and a planting table identifying each of the mitigation areas. The purpose of the mitigation. plan is to restore wetlands within the Park and restore natural communities consisting of wetlands (marsh and wet prairie) and flatwoods (pine and saw palmetto) . The plan includes an initiative to restore pasture areas to natural communities, a process currently in the experimental phase of restoration technology. Restoration ' planning has involved collaboration with Keith Fisher of the St . Sebastian River State Buffer Preserve . The restoration will be a joint effort between Indian River County and the Buffer Preserve . A WRAP was performed for the Park project and scoring adjusted in accordance with our discussions at the ' May 8 , 2001 meeting . Attached are the scoring sheets and below is a summary of the FCI , FCU , and credit/debit. ' 7 WETLAND EX. FCU ACRES PRES . ACRES DEV. ACRES CREDIT DEBIT FCU FCU 1 &2 0 .40 13 . 84 0 0 0 13 . 84 0 5 . 57 3 0 . 42 1 .24 0 .86 1 .24 0 0 0. 55 0 4 0 . 50 5 . 45 0 . 86 4 . 55 0 0 . 9 1 .66 0 .45 ' RIVIERA 0 .33 54 .63 0 . 8 8 . 1 0 26 .78 3 . 77 8 . 93 WABASSO 0 . 36 10 . 7 0 . 79 6 . 5 0 0. 46 2. 8 0 . 17 B 0 .4 7.6 0 . 89 7.6 0 0 3 . 69 0 ' E , F , & G 0 .43 17 . 94 0.9 17 . 94 0 0 8 .37 0 D&H 0 .48 9 .26 . 92 9 .26 0 0 4 . 01 Oil ELECTRA 0 . 33 1 .4 . 81 1 .4 0 0 0 .66 0 TOTAL 25 .51 1 15 . 1211 ' Based on this assessment, it appears that the proposed mitigation is sufficient. ' A description of the mitigation areas follows: ' Mitigation Area A The area includes approximately 4 . 55 acres (Wetland 4) and involves the restoration of wetland hydrology by the use of ditch blocks at elevation 19 .4 feet. Tree and shrub species will be installed along the perimeter. ' Spartina bakeri will be planted within the wetland . The herbicide Rodeo will be applied to reduce the presence of Bahia grass . ' Mitigation Area B The area includes approximately 6 .24 acres (Wetland 3 and the area north of Mitigation Area A) and 2 .6 acres (northwest section of the overall mitigation area) and involves the restoration of wetland hydrology by the use of ' ditch blocks at elevation 19.4 feet. The larger area also will include the removal of large sections of Myrica cerifera and preserving pine and oaks. Plantings of oak, pine and S. bakeri are also included. ' Mitigation Area C This area includes a total of 9 . 88 acres and includes land outside the Park. The plan is to restore flatwoods and to provide a buffer between the Park and the remaining portion of the Buffer Preserve . Rodeo will be applied in a ring around plantings to reduce Bahia grass coverage . Mitigation Area D This area is approximately 0 .6 acres and planned to be a vegetative buffer between the Park and Mitigation Area H . Species composition includes shrub and tree species to provide the visual and environmental buffer. Spartina bakeri is included for ground cover. Mitigation Areas E and G These areas are approximately 15 . 81 acres and are sections where wet prairie and saw palmetto restoration ' activities will be conducted . A similar community exists east of Area E. Plantings include the installation of south Florida slash pine (Pinus elliottii var, dense) , and saw palmetto. Wiregrass (Aristida spp.) , an important component, is included and although the numbers of plants are indicated , the introduction of wire grass will be ' accomplished by harvesting the seed from natural areas within the Buffer Preserve and "spraying" the seed within the restoration area . Areas E and G may be divided into test plots to assess current available techniques and new techniques that may improve upon those already practiced . Bahia grass will be reduced by Rodeo applications and disking . The test plots and methodology have not been determined at this time . ' 8 ' Mitigation Area F This area is approximately 2 . 13 acres and will serve as a buffer between the Park and Mitigation Area E. The ' placement of pine will be performed to provide the buffer. Sparfina bakeri is to be planted in the low areas along the west side of Area F . Mitigation Area H This area is approximately 8 .66 acres, includes low areas between the Park and existing pine flatwoods and probably included a mix of wet prairie and flatwoods before clearing for pasture . Wiregrass (Arisfida spp.) , an ' important component, is included and although the numbers of plants are indicated , the introduction of wiregrass will be accomplished by harvesting the seed from natural areas within the Buffer Preserve and "spraying" the seed within the restoration area . Areas E and G may be divided into test plots to assess current ' available techniques and new techniques that may improve upon those already practiced . Bahia grass will be reduced by Rodeo applications and disking . The test plots and methodology have not been determined at this time. ' Preservation Areas These areas are within the Park. The vegetative cover includes slash pine and saw palmetto as well as a mix of oak, saw palmetto and pine . Development will not encroach into these areas. MONITORING ' Monitoring for the restoration area is proposed as follows and is to be used for the purposes of assessing the growth/survival conditions of the target species and species that colonize the sites. Reports are to be submitted to the District within 60 days of sampling . iSemi-annual monitoring is to be conducted in the March/April (Spring) and August/September (Summer) periods. ' The Spring Monitoring will be conducted qualitatively and consist of: 1 . Photos at permanent stations documenting conditions ' 2. An assessment of vegetative conditions 3 . Observations of wildlife use 4 . Written report describing observations , restoration schedule, corrective measures taken , and recommendations. The Summer Monitoring will be conducted quantitatively and consist of: ' 1 . A summary of information included in the Spring Monitoring 2. Photos at permanent stations documenting conditions 3 . A random 10 percent sampling of planted trees to determine dbh , tree height, and condition 4 . A random 10 percent sampling of planted shrubs to determine shrub height, crown dimension , and ' condition 5 . Elongated quadrat sampling (the number and locations to be based on the test plots to be used with each measuring 2 feet wide , 10 feet long , and having 10 one-foot intervals) in wiregrass areas to ' determine total percent cover, percent cover by species (including non-nuisance nuisance species) , and frequency 6 . Data and summary tables 7. Conclusions and recommendations ' 9 ' Success criteria : ' The success criteria for non-wiregrass areas will include a) an 80 percent or greater survival for all tree/shrub individuals sampled , an 80 percent or greater cover by non-nuisance herbaceous species, and b) less than 10 percent presence of nuisance species . ' The success criteria for wiregrass areas will include an 80 percent or greater cover by non-nuisance herbaceous species , and b) less than 10 percent presence of nuisance species. Success by wiregrass cover alone is not recommended . Because the restoration of wiregrass communities is experimental at this time, success should not be determined by the presence or absence of wiregrass species alone but rather by the presence of species associated with flatwoods/wet prairie communities. ' PROJECT PHASING ' SJRWMD The proposed mitigation plan would restore approximately 50 .47 acres and preserve approximately 8. 57 acres ' of forested area . The proposed calculated wetland impact is 41 . 98 acres. Assuming a 0.5 to 1 acre ratio (mitigation to impact) , approximately 24. 3 acres of wetland mitigation would be required . Some portions of the mitigation areas involve upland restoration . The importance of these communities to the adjacent wetland communities should not be overlooked for their use in providing habitat, vegetative buffering , water quality tfunctions and introduction of fire into the wetland . The proposed pool complex with its associated stormwater facilities (a total of 20 .6 acres) is to be the first ' element of Park construction . This area includes approximately 9.27 acres of wetland impact. Assuming a 0 . 5 to 1 ratio , the mitigation required is 4 .64 acres. The pool complex wetland impacts would be offset by the restoration of Wetland 4 (4. 12 acres) , which is Mitigation Area A, and preservation of areas adjacent to the pool complex (5 .2 acres) . The balance of this mitigation acreage will be applied to the remaining wetland impacts ' resulting from future Paris development. The mitigation will be performed incrementally in proportion to designed Paris elements (softball, soccer fields, etc.) as each is constructed . ' USACOE As discussed at the May 18 ,2001 meeting with the USACOE , the project involves the phasing of construction ' over a period of approximately 5 years. The first phase includes the construction of the pool complex, stormwater tracts A & E , project entry road and driveway to the adjacent Middle School and the construction of the °Lazy River° complex. This area (Phase 1A and 1B) is approximately 52.29 acres and includes the soil Riviera fine sand . The calculated impacted wetland area less the 0 . 9 acres of Wetland 4 is a total of 21 . 1 acres. To offset these wetland impacts (Phase 1A and 1B) we propose to provide wetland mitigation in areas identified in the wetland mitigation plan as Areas A (W3 and Riviera wetlands) plus 10 acres of the additional wetland planting that is adjacent to Area B. Wrap score sheets are attached for these areas. The table below ' summarizes the credit/debit results from the WRAP score sheets and demonstrates mitigation sufficiency. Wetland Credit Debit Phase 1A&B 0 7.03 3 0 . 55 4 1 .66 ' Mit. B + Add . 2.33 7 . 34 7 . 03 Total credWdefrcit 0.31 ' The following information concerning project phasing was submitted to SJRWMD . Please find enclosed a map depicting the mitigation areas and a table outlining the construction elements and the associated mitigation areas concerning the SJRWMD application processing . The elements are identified in the plans prepared by Brad Smith Associates, Inc. and are summarized below: 10 ' E LEMENT DESCRIPTION 1A ENTRY ROAD , POOL FACILITY, PAVED PARKING , GRASS PARKING , DRIVE CONNECTION TO MIDDLE SCHOOL, RETENTION LAKES A & E ' 1B LAZY RIVER FACILITY 2 BALL FIELDS/SUPPORT BUILDINGS , RETENTION LAKES B , C , & D ' 3A PLAYGROUND & ADJACENT SIDEWALK 3B RAILROAD CAR AND TRACK DISPLAY 3C BOARDWALK & OBSERVATION DECK AT STORMWATER MANAGEMENT TRACK E ' 4 SOCCER FIELDS , PARKING AND RESTROOMS 5 C . R. 512 WET DETENTION LAKE TO BE CONSTRUCTED & PERMITTED BY OTHERS ' Please note that the mitigation sequence is prorated based on the percent of development area and the total mitigation area provided (50 .47 acres) . Elements 1A and 1B and 3A, 3B , and 3C were combined in the mitigation sequences for mitigation areas A and B1 and C1 and D , respectively. ' ENDANGERED AND THREATENED SPECIES The U . S . Fish and Wildlife Service raised the issue that the proposed project may affect wood storks and therefore an evaluation should be made concerning this potential effect. The project area includes ' approximately 120 acnes, of which most is land that has been converted to pasture for at least 57 years. Water management for the pasture included the excavation of ditches and swales that have affected the general hydrology leaving only the depressional wetlands (Wetland 3 and 4) and the ditches as possible foraging ' habitat. To our knowledge, there is not a rookery in close proximity to the Park that would be affected . The proposed mitigation plan includes hydrology restoration , therefore increasing the probability of wood stork foraging in this area . The plan is expected to improve wood stork foraging habitat and not adversely affect this species . tSUMMARY In conclusion , the information submitted for this proposed project has demonstrated that the selected site is the most appropriate location (Alternative Analysis) , wetland impacts have been avoided and minimized to the ' extent reasonable and practical , and that wetland impacts have been offset by the proposed mitigation plan. 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I. ., e,.�,-F �1 _ Vi 111 1 111 • 111 - f _ ESOYO = NOGOABOUD • • B • D • 1 • • ' OMDRO II II II :��_�_s NORTHII II I K, N PREPARED BY: INDIAN RIVER COUNTY I "MRONMENTAL CONSULTING GROUP, INC, • OXFORD 1 1. 14 c r. ,r' t s . f I� ' I d I i I ' t II4 ' ! f a y I p I ? z tau fL ra ' ` If 0� it / r i � . !: ;i f .� t �...-N..--`• 11 ' GI �• i t ' L L 7r } L tt � L IL It t) L ..414 I II \ a I li ��.._-� _ `�` d r it , • '{ I , i SIII jr N °ill , - f I� 1- f1 —v kit � 1 ,I I )qy v ' -_i � � i'.i ' �' .il � i111�_ 11 :yGZl 1- i .IL : Y r �i 111 1 5000 10000 FeeI — • �: ♦ ,� NORTH REGIONAL PARK INDIAN RIVER COUNTY, FLORIDA MITIGATION AREA MAP NORTH REGIONAL PARK BOUNDARY MITIGATION AREAS DA C C F B G D C E D C C DE B � F W G A o�C � H C D V) PRESERVE PARK W N B PROJECTION: UTM ZONE 17 DATUM: NAD 53 UNITS: METERS BACKGROUND IMAGE: DIGITAL ORTHOQUAD (DOQ95) p 1METER GROUND RESOLUTION RESERVE NOTINCLUDED ALL FEATURES DEPICTED ON THIS MAP WERE C.R. 512 DIGITIZED FROM D0095 AND LOCATIONS ARE APPROXIMATE. N yPREPARED QYa ENVIRONMENTAL CONSULTING GROUP, INC. 400 O 400 .800 1200 9600 Feet 150 OXFORD ROAD SUITE 130 �ppyyp1 FERN PARK, FL 32730 (407) 3314599 NORTH REGIONAL PARK INDIAN RIVER COUNTY, FLORIDA MITIGATION AREA MAP DRAINAGE CANALS f DITCHESISWALES PLUGGED OR FILLED TL��II NORTH REGIONAL PARK BOUNDARY C MITIGATION AREAS C O O DA G low PLANT �O 9 E s C mc 0 D BZ C W � E 10 � F O G W DITCHISWALE TO B1 0 H C'I D BE FILLED LUGGED W C3 PARK N C3 PRESERVE PARK PROJECTION: UTM ZONE 17 H A DATUM: NAD 83 UNITS: METERS BACKGROUND IMAGla DIGITAL ORTHOQUAD (DOQ95) 1METER GROUND RESOLUTION PRESERVE ALL FEATURES DEPICTED ON THIS MAP WERE DIGITIZED FROM DOQ95 AND LOCATIONS NOT INCLUDED ARE APPROMMAT N C■ R■ 512 1 PREPARED BY: ENVIRONMENTAL CONSULTING GROUPw INC. 400 0 400 800 1200 9600 Feet 190 OXFORD ROAD SUITE 130 IpFERN PARK, FL 32730 (407) 3314599 INDIAN RIVER COUNTY NORTH REGIONAL PARK MITIGATION AREA PLANTING PINUS EL IOTTII MITIGATION AREA ACREAGE SQ. FT, VAR, DENSA QUERCUS LAURIFOLIA ACER RUBRUMT136 SPARTINA BAKERI MYRICA CERIFERA SERENOA REPENS ARISTIDA SPP TOTAL A 4.55 198198 132 23 98 5405 8888 B 2A 113256 13 553089 3157 B 6.24 271814 31 131 7413 7619 C 4.68 203861 136 272 C 1 .33 57934.8 39 7 1580 1628 C 2.54 110642 74 74 148 C 0.54 27878A 19 19 38 - c 0.69 30056.4 20 20 40 D 0.6 26136 3 13 713 12 741 E 10.4 453024 302 302 14394 14998 F 2.13 92782.8 62 11 850 100 2948 3971 G 5.41 235660 157 157 7487 7801 H 8.66 377230 3400 8600 12000 DITIONAL 16 696960 460 80 100 400 20000 21040 TOTAL 6647 1401 186 395 76 22460 12 1208 53429 78139 5118/01 W-1 &2 Project Name: I.R. North Regional Park Field Notes alland ID: 1 & 2 Date Scored: 5118101 WRAPer's Names R. K. wetiand credit debit � 77 1 &2 5.57 Wildlife 0.50 0.00 3 0.55 Overatory 0.00 na 4 1 .66 0,45 Ground Cover 0,25 0000 Riviera 3,77 8,93 Buffer 3.00 0600 Wabasso 2,8 0. 17 Hydrology 0.50 0.00 D&H 4.01 Water Quality 3.00 0,00 E, F&G 8,37 Possible Score 1800 1500 15.00 B 3.69 '.'eF'�•�" `•wz„ h3X�'.. _ .y�'3" "z tk "'p� °' 2 : '"s. :n . '� T +.,:n , w+ , z%� " r ? '' a • , ` y . y ' Electra 0.66 FCI (Functional Car 0.40 0.00 0.00 25.51 15.12 Acres 13.84 0.00 13,84 total debitrcredit 10.34 DyeSlta -0.40 - =0,401 0 40 •. . ��. ��fj. ? :` u 3$ai""F. '�� '`'.e, t�'�r 4 , +S'r �,Hvi�i' 1�� N\.�.pyk�:a di'1'r3Jx K� f'^'Y•ls"d.'v ^ ��VP t �%' : ..:r �(d `lt pa�51} rlth .�x 3Y: - Tf y:Y, : .�;�"f �..4 . � . , � n f� V �f, vi,2.n�'�' ht . , '*§ R"H; ki i :. � +C. .•� 'T' S u� No Buffer 0.00 0 No Buffer 0.00 0 road <3V 1.00 0 mad<30' 1 .00 0 30',= 200 0 3944 2.00 0 X300' 1 .00 3.00 3 )p300' 3.00 0 Tot Buffer Score 3.00 Tot Buffer Score 0.00 UtYle�( v 4p* x.?SS i~ri , Ibtt' � . W: • Ps'� R. A ay .. "" rh � ' x+:VN Yw . w- , K7'vi to vol hwy 200 Iv 0.00 to Vol hwy 200 0.00 open 1 .00 3.00 3.00 open 3.00 0.00 0.00 SFR 1 .50 0.00 0.00 0.00 �g 0.00 0.00 ,Yj'� ` .. n },' 4 %S i :' i ' R - ;'!v �' " 14-)�y�, SS -dS;S. .CSZ •� 1y 'i' ' '"T _ xR:. 4 ti •f R'ae Zi. 3.'7' �' j K� !C a�tui.•° hM1�.TE� ,n''y'i'h'`n r�' ;. ✓ , sl.Ft �q� ';�.s3 kF: S:�> ?.�. R . zh 1 dry & retention zoo 0.00 cess swale & dryrete 200 0.00 undev 1 .00 3.00 3.00 open 3.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 RINnty's e c .. ,a ( -_ +V fa .A+` • ,: �.`x' - .R. �N" a a f� 1 -. 5i+`. 'w'#t�j?. � , � . Y a . k ♦ ; @ a - IN $ - `k 'y �¢s •' q ' '^r:,'i�gyt.. a ., :1 'G- . 5=:1_5l ..... "u Y -:. + +dpyiyV: .. 'WT.) < r1 . , d` • _ _ '�r i +c9:;,y '>:t .:+r: ti. •:.,._ c r:•. :tt •. iYR' r,: �. . x. n .•uc:�; ^"'>S ,<.t,�:d �+ r � , f � ' F `� ;,�-. . �.�: n:Sw: M. ,, >+� 1' , ` •fi �"i RPS CORPS PA EPA SFWS USFWS LCC: FFWCC YCOUNTY LTANT 0.5 na 0.25 0.5 CONSULTANT OTHER L SCORE OVERALL SCORE 0 1 W-3 Project Name: I. R. North Regional Park Field Notes Wetland ID: 3 Date Scored: 5/18/01 WRAPer's Names R. K Wildlife 0.50 2.50 0.00 Overstory 0.00 2.00 0.00 Ground Cover 0.50 2.50 0.00 Buffer 3.00 3.00 0.00 Hydrology 0.50 2.50 0:00 Water Quality 3.00 3400 0.00 Possible Score 18.00 18. 00 1 .00 t 5 �"4 � 'at`a•tt°�+�'-�7 . E": �,;a "�"�,. AYCI}�?s"�S �'Q 3 �� � �� � °J' 5�,+�i r `l FCI (Functional Cal 0.42 0.86 0.00 Acres 1 .24 1 .24 0.00 Delta ��n,ee//�a 0.44 -0.42 U^ ' y w e ' w'xfc•' ! scu' 3"". a .,`.s!ax,: .i; .LR : # ,r!+rt Y i� "5 xxy ' ' ' L"�, 4� �'H'zt'u ., " i a "e>Lb M st�>sA' ;�.Y.,t- e No Buffer 0.00 0 No Buffer 0.00 0 <30' 1 .00 0 <30 1 .00 0 30'-300' 2.00 0 30'-300' 2.00 0 >300' 1 .00 3.00 3 >300' 1 .00 3.00 3 Tot Buffer Score 3.00 Tot Buffer Score 3.00 L Iv7 �� lS� ' r*s a ' � cav y r;,Jy"^ � ,Lsd: i�;' sft+ �.. C�a)<s ,�+r} :x ? F''..�y LCar � �?, ;UCs.^•ta ., open>300' 1 .00 3.00 3.00 open>3W 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0. 00 0.00 br .� `ni a•-c ?Y , - � .. •. a^ *� .., . . ..b e S s i •-kY f .. .. - e '+.a.. � < : - r.;� r - e � roi '1f a � t + - �k ' .lt Y y r't° �a'}a, i . } rb s� � h' ? yc v'? ,hf.,� s e"�1 'r ..' ..Y, f4 . . ¢,� '•:5}' • .. ! . Y�..�. I. � .. } �- Y^� : '^t �.f 'L.jd`a'. n . j'�'y{k�'l5 f �Yki-iu:. '• �`�+h`�' 6 y� s^' t PNNW s� y�1� ,cNy� ��.. open>300' 1 .00 3.00 3.00 open>300' 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4 vr'}�zys. .ywL' F -. a , .. k� J .�: h;; It "I •.e• � .. S i• x °e.S`'¢:y ✓l : y ` ' �s.•3iaYr*n1. Py ' .: _Ste wF.griy. -. v ._Sw£$ h ?.`. +. _ 5 .�f'.,�ji ' .ri ,I+".i € x.,trv5, `�•t 5 : s3 SJi;s•+k: 4t{••y4 � uf Ff Lp _ tl .+ Y ,A 3 ]': ! . . I _ -1&1 � `�• >F :t+�' -<.*,.: R$'•. -��.•a d,.� , F : , a _- � Z - v ' r - i,. ti 1 - qtY i _ .nns 'S.`°`�' �yi Rl.. . .. .4"d: . 1h.Y`.•i }, t J,Cis`v x 'f�M., l� iFfe 4 . CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER JOTHER OVERALL SCORE ERALL SCORE W-4 Project Name: I. R. North Regional Park Field Notes Wetland ID: 4 Date Scored: 5/18/01 WRAPees Names R° K. Idlife 1 .00 2.50 0.00 Overstory 0.00 2.50 0.00 Ground Cover 1 .00 2.50 0.00 Buffer 3.00 2.75 0.00 Hydrology 1 .00 2.50 0.00 Water Quality 3.00 2.81 0.00 Possible Score 18°00 18.00 15.00 �t . a�;>: .e z r. YgZ.�s�+.. 2. fh ue ° Ltii`" M a °k ° 4 . `5"%kh : ' . 1G � . ' 3 g FCI (Functional CaF 0.50 0. 86 0.00 Acres 5.45 4.55 0.90 GG�1 � Delta n/a 0.36 -0.50 ya•. t z .- ytx [� 7s SS _i :. S 'i ii-- pp {4��, �'.'. m . > S '4 3P yq;`y y`a �Fm... 1, : -4i a'ly,.. a '2r:3. u�'a, .3cS' r. ax ti' y . �r _t3^ " : r~.5r3 3 ' t�T.ia4 - >T --+' t R 4; �`�e} h PIN k 't>f L': .Y 4" J^ .Ft'hhU r 'K"` x � -:_ ks r No Buffer 0.00 0 No Buffer 0.00 0 <30' 1 .00 0 <3V 1 .00 0 W-300' 2.00 0 30'300' 0.252.00 0.5 7 >3W 1 .00 3.00 3 >300' 0.754E3.00 2.25 Tot Buffer Score3.00 Tot Butler Score 2.75 "f ay+ rs ,v x- s ,.+, t - 'r.". -•• / ^ ' MI � �iY W4• Rr..^~ �` V ,L .Ffs Y� $'3 'C t 2t .xis' M � Y�4 [s ;t �t"�N'`ihfC tby4 . r _ �;� is >3W 1 .00 3.00 3.00 30'-300' 0.25 2.00 0. 50 0.00 >3W 0.75 3.00 2.25 0.00 0.00 0.00 0.00 py0.00 0.00 .,FX*>t;:t +i t rfi"• fii fY E: F,;` "s; s ' r5 'r ' •3 " ia�:,cCu ops'., "�. r i ° s'L ` :n'�' t' "uN .�„473y�r '-4W a `" F lith A fib. F4F?it(• �\ V` 1 :Idi' b i{ t L RT AYy >300' 1 .00 3.00 3.00 open 0.75 3.00 2. 25 0.00 wetfdry 0.25 2.50 0. 63 0.00 0.00 0.00 0.00 0.00 0.00 l ,. . . e ; • e :: f - �h. "°" °Mi. r - uti� .. i .+.. . 't a 'k .A 4S MAE , ` � le'L:iat* F; i -£ ' `.vahAI � !i s r. - ., r i9.. • e `'"rM "" ate* r3Y - C • - °'1Sr •• i Y.- ^M • (i }`» ` ' .i` / .8 ." : irh�^w�i;:„ �,` ONO ` t Y'4t . .i•� '. CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER OTHER OVERALL SCORE Pa ®WERALL SCORE Riviera Project Name: I. R. North Regional Park Field Notes Welland ID: Riviera fine sand Date Scored: 5/18/01 RAPees Names R . K. Idlife 0.25 2.50 0.00 Overstory 0:00 2.00 0.00 Ground Cover 0.00 2.00 0.00 Buffer 2.50 2.50 0.00 Hydrology 0.25 2.75 0.00 Water Quality 3.00 2.63 0.00 Possible Score P1 18.00 18.00 18. 00-r.�epr+ 0 : '^»ftC' . . �' . v .'�...N: 'i" v { : A •�`$+ �. I:� ' 1rivvt d '\ ll � ;5,. u _ i' FCI (Functional Cal , 0.33 0.80 0.00 Acres 54.63 8, 101 26.78 Delta n/a 0. 47 -0.33 �+ �f _ .. lJ ` $:� - S• ; , . ' '-4' ,�"'^ •.f e;. .+N _ -... t x .t .� .r .£ x rt .ti3 ' F, 9 ' ± i''•F` xr._ . E t }} . .. j7� "�'` 3'($�M"*k�'i'�E. .�"5'w` �..,�"N"i^ , ;5 . ��Y ntY3�"Y.`�' �m}t 4�,jj �, x *, j- S+t_..�,y'yY' *uYP's, ,�n+ e•R 1� „xS�.t u. +:,'fJx.+sFY r ., i �.cG....n k^•, a;. S'Y x '14inv -''''- `�` �'i1 � M. .. ..# dF - s' f<i� k .1 ' - No Baiter 0.00 �. 0No Buffer 0.00 0 q0' 1 .00 0 <3Y 1 .00 0 30'-300' 0.50 2.00 1 30'-300' 0.50 2.00 1 X300' 0.50 3.00 1 .5 >300' 0.50 3.00 1 .5 Tot Buffer Score 2.50 Tot Buffer Score 2.50 y5� �F q 43_ � s R �w senyiitl rE. .N t Nh r 3 t �; open>300' 1 .00 3.00 3.00 open 0.50 3.00 1 .50 0.00 recreation 0.50 2.00 1 .00 0. 00 0.00 0.00 0.00 0.00 0.00 5�`µ. r kYz' . F . ' .ee, 'i�:'x S , ;t•< ^' x± - r � . ..;Y4.. � > f a<dl. y Y ..9a-.. !NNW `.76"�R"�. •C9i`I� . . �yi � rro�. ' `•'° t3{N. •k ✓kh,� ,v` �• ¢""XJ � - 43hfs�,"""c open>300' 1 .00 3.00 3.00 open 0.50 3.00 1 .50 0.00 WeUdry 0. 50 2.50 1 .25 0.00 0.00 0.00 0.00 0.00 I I 10.00 i" ,+AR • I x '. . . . ^ 4: " a x a ` �� i xrs '� '"� `• - x gh3` 'x' r fY 7' �wr :' .i= 3'ku' .i�Y' S�S.:'x ��.l�.ki:f`wi�i[�i: t'+ .� u J•Sw 4 `•4. T: 9aM •S 4�� f' '�SY . !<x" x "�� `' {1� 5. .0 i'� j• St iSi0- .j . F� * I:sr �. �4 !�' ' .., .�ht� A { :d+� b 9 .Rt °7 9J ..� :S . �tl i p 4• S. ! t lx fir`, 5K v p '�'.. � ..eSl H 1�T'ew.'fiC 7 �Cr�sq� r' c '^it n y V w y t < kw� w i<� ;r$k, x"�y a :• 4i'S as ?�sar.. '�G. '=•rH� ��5 x�, ti .vy�a:,.t�� �7t' `�. R!`7 . .. e, :t" � f; � - CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY 7 CONSULTANT CONSULTANT OTHER 2 OTHER OVERALL SCORE OVERALL SCORE Pagel Wabasso Project Name: I . R. North Regional Park Field Notes Wetland ID: Wabasso fine send Date Scored: 5/18/01 RAPer's Names R. K Wildlife 0.25 2.50 0.00 Overstory 0.00 2.00 0.00 Ground Cover 0.00 2.00 0.00 Buffer 3.00 2.50 0. 00 Hydrology 0.25 2.50 0.00 Water Quality 3.00 2.75 0.00 Possible Score 18.00 18.00 15.00 i:tarM +aa. t ,�,-TJr '"Y. :�'. we R • ' y. , 'yi htk •.�'2 , ctv'�w F kc'��'^, Vt s'r' ' ' ... `iC a, FCI (Functional Cal 0.36 0.78 0.00 Acres 10.70 6.50 0. 46 Delta n/a 0.43 436 °,.r" S!t.. ap4'wJroF3- `v xl. 4 iS' 4 3rd J M1 J k F N� �CTk'?y,t No Buffer 0.00 0 No Buffer 0.00 0 <30' 1 .00 0 <3V 1 .00 0 30'300' 200 0 30'-300' 0.50 2.00 1 >300' 1 .00 3.00 3 >300' 0.50 3.00 1 .5 Tot Buffer Score 3.00 Tot Buffer Score 2.50 t �,v VY' •VF i' r \ r vcsjq rYt Y 1�xtt J ♦ X 3+Cu x - a -: >300' 1 .00 3.00 3.00 open 0.50 3.00 1 .50 0.00 recreation 0. 50 2.50 1 .25 0.00 0.00 0.00 0.00 0.00_ 0.00 ♦ �.s vtF . . sa ^t o t h'd; r V -� Y 4>'it`G 1.. { . , - iiC.W fi ':. t '-s. I ? 3 ': '- ' ; v' x 4:. .. -•,, - � ;- a; 'c :;:� �, ;. #E :' ti ••; " :� + k c�. . ' ' +Fra i, :kid ao a s.�aya ai $, jzkr r `yr�d��ys. i is c s ,i tiwrtv4 yy++ aiT4fr ^yii�'`%i r t •�,��.�5ff-:' ��yYrs�{{ -ie � )1st x iSfv's�,MNF1flI.t . open 1 .00 3.00 3.00 open 0.50 3.00 1 .50 0.00 wet/dry 0.50 2.50 1 .25 0.00 0.00 0.00 0.00 0.00 0.00 t RkRMri 104 . ; • in, .� P- `�.' i$7k ...� 7. se.;r '�..-" •+..t. +: ,'�+ , ��4$$ a �M CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT ICONSULTANT OTHER OTHER OVERALL SCORE OVERALL SCORE 1. . W-B Project Name: I . R. North Regional Park Field Notes etland ID: B Date Scored: 5/18/01 WRAPer's Names R. K Wildlife 0.50 2.50 0.00 Overstory 0.00 2.50 0.00 Ground Cover 0.25 2.50 0.00 Buffer 3.00 3.00 0.00 Hydrology 0.50 2.50 0.00 Water Quality 3.00 3.00 0.00 Possible Score 18.00 18.00 15.00 2i i S�A K r 1 . FCI (Functional Cal 0. 40 0.89 0.00 Acres 7.60 7.80 Delta n/a 0.49 MO 6e � - ���y ro�-ky �x'cn�r,;.. lL"'.N ;+ _ . ' Et � . - .. _. . .. .. r.� ' 1�•. at���. : - tv �s' - u "b :.: � x.�.. , r.. . ay�.. Yl!pru�yr`""a'�T 3' yxf;k ?oT Yk nVk3.€zu"e .i Iyy �3:s -P.kw t . � !ai ' 9 "s+ No Buffer 0.00 0 " No Buffer 0.00 0 <30Y 1 .00 0 4C 1 . 00 0 30'-300' 2.00 0 30'-300' 2.00 0 >300' 1 .00 3.00 3 >300' 1 .00 3.00 3 Tot Buffer Score 3.00 Tot Buffer Score 3.00 505x ti S +�" T t i S .prof- open 1 .00 3.00 3.00 open 1 .00 3.00 3. 00 0.00 0. 00 0.00 0. 00 0.00 0.00 0.00 0.00 '. ° •j " tom - zq g Y � " - " '} kka .+5'+ ! '[i C{ i s�.} ,n3 ''}}�� is . • vF l'Fa '.' aH?`i Jta t 41. 'y,-�y "P Y - open 1 .00 3.00 3.00 open 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0. 00 0.00 0.00 MINK !E 'ri! `t'�Ja . $• `{a, 7. F . S",''.w o".A:' r't x *� • a t t } �. -fir -xr•. 4' t .^s +i .� `x . : {a Y . �4f?.i�c1�,,.�d x. . � .e�p.�..v: Y >n�''�y_ - : - i ., � .^�x" xf �. yl. `�.�;^� � �'�•� � � i ���. la CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER OTHER OVERALL SCORE I JOVERALL SCORE Uri. a ,.t: 5p4 + i '.. d Y ✓ M MI., . ..MY F.k�''4•Gt .'s1.n+R . , .= . . by: . i r,�p . .. 'a"„' .r-t' x x +. ,... ,..,: . .� .. ! .3rfz�-✓,'a �"` a hA,. . . -y, W-E F&G Project Name: I .R. North Regional Park Field Notes Wetland ID: E,F&G Date Scored: 5/18101 WRAPer's Names R.K Idllfe 0.25 2.50 0.00 Overstory na na 0.00 Ground Cover 0.00 2.50 0.00 Buffer 3.00 3.00 0.00 Hydrology 0.25 2.50 0.00 Water Quality 3.00 3.00 0.00 Possible Score 15.00 15.00 15.00 toIp FCI (Functional Cal 0.43 0.90 0.00 Acres 17.94 17.94 Delta n/a 0,47 -0.431 r` •�iU�FRa 5?�r�hr i'..9 <LY fT,' n� xr ,moi t '. : : ^.t k x'.. ) ? ' M �1 yL� � x: •.i,• 413a i "' .r+'' y"i a'� 9S� 2>wFa ' sa ' ��`�. � . : x`.�.k-. +e' k�uS. X' u.1'• e +s B -a�� 1�V R� y �1} � y.�p'TJk � {R '�' x�''�j )ti3 4„5�R '�'i` p� � 7S ut�e 1 .00 r�s4 h >�«:. r < w) S: .sr t. i e: � s 'yp�i L k � ' . _ 9w/ .. `� � �k�k+i. " � , ��M. '1•+L, Gx No Buffer o.00 0 r 0.00 0 <30 1 .00 0 1 .00 0 30'-300' 2.00 0 ' 2.00 0 >300' 1 .00 3.00 3 ' 3.00 3 Tot Buffer Score 3.00 Tot Buffer Score 3.00 .4 `�d q5 yitfxi i 1,214 tr' „ Ytg a4 °i Y.,. open 1 .00 3.00 3.00 open 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MMF 5 . " > del ' f} "vP' .. "t �3s" : - IN qCV, �5 PCt < � ' 41 .0 open 1 .00 3.00 3.00 open 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 W .t] a . rq S° s:}i.A , . , ky 5 +>yy1 ��y ✓ a t1 y .• ., . , v -:J,. - � , ttvu - . a . ""y.. - ;,.p`._ t R§. : :: B qY ���.��^��.���i}}}rS _ . . *' f .h Ss\ • !i ^a� la#-"..c + �'f•4=„ s 51 +�,a . .y.„t' 'vx`. : "S' iu Y ? i✓..,ti.l . r P 'Y'1c �"�' i' - 5 ' �) . 'ua'l. d }0 1 - 1 tid" . r � ; - 3 'i�M a M j . c . .k+ r�' �' " h * "p.• .r v ?. ,. " .k. . . . F (�{.Y S;.{ s A Fr„F : t� '♦. . . D.�R,tVY 3�� � ~` fM . ,�+ " b �_ �„� .G•stN . r_. CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER OTHER VERALL SCORE JOVERALL SCORE a -iwx�., '} � kt ': a, }� � s .�. r 5 t '� " 3:�' +.i ♦ Y ��'r •s ,'a wyt. tt• re. 'y�.,F t Y �r�+ y�A�.t° ,t z� Y�t .t s Six yS�^r}=. �r � r r r �■ r r r r r r■r rr rr ■r rr ■r r� r� W-D&H Project Name: I .R. North Regional Park Field Notes Wetland ID: D&H Date Scored: 5/18/01 WRAPees Names R.K. Wildlife 0,50 2.50 0,00 Overstory na na 0.00 Ground Cover 0.25 2.75 0.00 Buffer 3,00 3.00 0.00 Hydrology 0.50 2.50 0,00 Water Quality 3.00 3.00 0.00 Possible Score 15.00 15.00 15.00 iryy� 'µyY a ,�'�•"r y hy3s gyµq a A 0. -+. - .ss,G ry. hu'.^•."; , � '# ?R , 1 +'..f^.'", - ;G.3.c.. . FCI (Functional Ca 0.48 0.92 0.00 Acres 9.26 9.26 Delta n/a 0.43 0.48 %yw vd. . 9 . " .' :]k:}La' xvR�� n =4t$ -rt}4•." .;. t �'La, 4 t,. � i� S ;,, - >�... a , § . " IA,,: . ., BU„ x n N".'I :5 f Vd V c �y�y.�d, � sM No Buffer 0.00 0 No Buffer 0.00 0 <�t 1 .00 0 <30' 1 .00 0 30'-300' 2.00 0 30'-300' 2.00 0 >300' 1 .00 3.00 3 >3W 1 .00 3.00 3 Tot Buffer Score 3.00 yg Tot Buffer Score 3,00 LtJii.`�,1',1tls�{i'� . s y'taxfx+• :„Si�t°s'� r1�.. "s-�3Ye t��r� : V9�ni..�'�m�`• . ��`�r � •�•?:: .��, �' F��'>e_tl � ` ` �, - . >.':;s: open 1 .00 3.00 3.00 open 1 .00 3. 0D 3.00 0.00 0.00 0.00 0.00 �1 0.00 0.00 r y�j�, t. pr�P �'�y 0.000.00 fit,' € - $2':„' . ' �t �" �v4 RAS '4' i. t.: +ys2 . 3. . " ydta C hV'r 3�T'3='".,,.•, -F;f4M C �,�x g'«t w�,.m ati t a. :A 3 - "'� •.W4 ,4 :t3. '`r G<#r } . .a � - is ii ^ o-�lf s sf. . r »� , i`dfa vt+t?, �•"• k w3.'y]Ft x ;e •' P,Tb• t� �ti fon ��.M >~, �:� J .�t;�v . ���. �u �� . �. .�� .:. ,t � ��.: r;� open 1 .00 3.00 3.00 open 1 .00 3.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i , �: ,�, .� a�s v '�$'- :.,tiZ< - a. . • ac r .rU " IM �• ., . : s _: . . '-�'• ,: ` , ''� . - d• �" as >3 - x '. . . >`.._ {�; . �aR >7 M_F+ ,fin �`�, .�• �{.,t �T-{ 1Nytard�i.�1tx�- -} 1. F .y�`txv,£eY ,� - �]} ..4 , f �•`$+. C> S�+fir °" : 9. -�� a v'VY (y�S �i - . . i z. . ,L }C6, ' 'v 'kms" 4 �S. ' ' 44Sk ? 5 t. fit. { �.1 CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER OTHER OVERALL SCORE OVERALL SCORE y«^ i 15,w. Y ] 4 �t.TC..4 ,]� . Xs d n ,�G ,yy� � ' ( y� ' s}. v � Xy Z� ♦ tV t '� c :: a i s . e.r i ,'1a M:#�• �e. Ys. . r, � t.t. •. rr xEr��:.a.: �l^ut ,.a�.•w : . :�*,i �' Xt � F . p;,rs� '�, a'f'F ^ �X -�' ��'.�4ei~'i3 v2�..>. r�l`r�`'r'p?', • .." = 1 - Name: North _ . . Field Notes Project j1 _ � _ _ _ . 1 iMidiffe 0.2511 01001 Overstory 1 11 11 0.001 Ground Cover 0,00 11 0,00 1 Buffer 1 1 0,00 . . 1 1 0.00 ! Quality 3.00 ; 11 0,00 : Possible Score 18.00 18. 00 1 . 00 • . 1 1 : 1 11 1Acres : 1 . 40 - 1 1W� a� 1 I MI ., Y _ Y. ,rf - 1t 1 1 11 1 1 � 11 1 1 11 11 1 1 ' 11 11 1 1MfIMUMi � - r. o pr• fISS _ .c. _ r.WS � . 0.00 -_ - - 0.00 -- - - 0.00 0.00 �- 0.00 _- _ - 0.00 0.00 - _ 0.00 .13� �rA' d�'.2�#�'u'S'JGWs�aaram. }' �+','�gvfi'F4d`aZf4'0-'�}• x5S4 G£' A! '� 3.00 . . . / 1 1 / 3.00 ' .. . . 0.00 __ - - 0.00 1 11 1 11 0.00 .-- - - 1 11 -- 0.00 -_ - - 0.00 } e... ,. Y F�tn ?�"k'C... yh^' ��¢ k �� eY3� ri ei S t (g �g yyyy a 4 BEEN �'� i�S�k,9�R�� 9 cf i s . e� `� `W WIMMISM CORPS :CORPS " COUNTYEPA iCOUNTY CONSULTANT • j'� OTHER Project North Regional Field Notes tl : Date, c r . r • 1 aWedand ^. t t .411 CreditI TO wimilft 0,25 0.00 ' 1 1 1 - 1 . ; G 1 7.03 1V9rStDTy 111 111 111 G 0.55 Ground Cover 0000 0,001 1 1 114 1 .66 Buffer / 0,001 1 PI Add. Hydrology 1 0.06 J 1 7.34 7.03 Water Quality1 , 1 0000 , 1 1 ! 'Possible Score 18.00 tl 1 t ROME1•' t 1 P Acres 1 : _ � � �oam�`�`S,'"Rtr' `t'RG1' i �rv�w�Ye�r 11MEN T�memw@ �&._ ° ' 1 • i l 1 _ 1 1 ! 1 1 ■ 11 1 11 1 1 11 . . 0 11 11 11 / 1 1 1 11 1 lUIAM -- 11 ® 11 1 -- 0.000.00 -_ �_ - 0.00 0.00 _ 0.00 - - - 1 / 1 IT Fos=70 m am E I 0.00 1 1 1 .25 _- 11 - - - 0.00 1 0.00 0.00 0.00 1 11 news aIAi* l _ R 5L mmt� L"N�.".. v .LeaY'JxY � i, SYiG.fT"' iuGt y �'5 �Zr R:;} I'� er 4 Ap.i N`l M ) � 2 a, - 1 a 'r ��'�'Ate. z'��. ar. .">M,� , '�..��4 `s a7..' -.�`` .. ���s`x�� t '" .. o ' CORPS 'ICORPS COUNTYEPA EPA USFWS iFFWCC COUNTY CONSULTANT � 1 OTHER Mit B & ADD. Planting =Scored: I . R. North Regional Park Field Notes WellandMitigation Area B less W3 (1 .24AC) plus 10 of AC Add. Planting 5/18/01 RX Wildlife 0.25 2.50 0.00 Overstory 0.00 2.00 0.00 Ground Cover 0.00 2.00 0.00 Buffer 2.50 2.75 0.00 Hydrology 0.25 2.75 0.00 Water Quality 3.00 2.81 0.00 Possible Score 18. 00 18.00 18.00 It FCl (Functional Cal 0.33 0.82 y 0.00 Acres 15.00 15.00 0.00 Delta n/a 0.49 -0.33 1N Q ryvSry .4 }. ni.�' +,�, + '+'HrfS . . *tS`y. "'�' ~ T t ;t q�ryr �z x f3p ... l ,iM . � �if�S?a ,. 2N.,"• .:�-f� s�-J`.Y!'M1:�irV�41;a. !'J�<� �� �Yia^� ,-` �TT. �: .. ��.�17� � .. .� '/i; No Buffer 0.00 0 No Butter 0.00 0 <30' 1 .00 0 <30' 1 .00 0 39,,300' 0.50 2.00 1 30'-300' 0.25 2.00 0. 5 >3W 0.50 3.00 1 .5 >3W 0.75 3.00 2.25 Tot Buffer Score 2.50 y� Tot Buffer Score 2.75 L���+.I� Y .. a"7'i..� � �S }a�fa•J!.^�� yu4 .'I:+FS�t �f,e��r ��i sK� ` V�� t� ialv.� �f« �.�fK; ��Y� �J open>3W 1 .00 3.00 3.00 open 0, 75 3.00 2. 25 0.00 recreation 0.25 2.00 0.50 0.00 0.00 0.00 0.00 } 0.00 w.: 0.00 k. ''V,:� itiN§,". f : .y 19. . F u. M . rn:: � y. CZ ii '' 'tS1,;F*•r}'}; T - open>3W 1 .00 3.00 3.00 open 0. 75 3.00 2. 25 0.00 wetfdry 0.25 2.50 0. 83 0.00 0. 00 0.00 0.00 0.00 0. 00 rs K ay.. � .kh s MIENS h .'. ME FOR '� a . a ` ' v: ' 4 BOOM .t sd :� -si ?' . .. .. Y a rr�, •$ vxq - ;V7T x,� ".' �.T, F < r � M Jy yYb'�h �,. 5' t i "'s"i e _ ° b - f v II . ✓' 3":{ �,y?•'.}�' :� V.Jr� 2�` tl�l4_' q':iy, v#f r�i . ji'' s ,�i i2,;., ti• CORPS CORPS EPA EPA USFWS USFWS FFWCC FFWCC COUNTY COUNTY CONSULTANT CONSULTANT OTHER OTHER OVERALL SCORE 1 JOVERALL, SCORE NORTH COUNTY REGIONAL PARK ALTERNATIVE SITE SELECTION CONSIDERATIONS Thornton Property Description : (06-31 -39 -00000-5000-000 15 . 0 and 14. 0) ' Property is 56 . 4 acres and is in the unincorporated Indian River County, but bordered on all four sides by the City of Sebastian . The property would be accessed through local residential City of Sebastian streets . The property is located west of the Florida East Coast Railroad and northwest of the west bound lanes of CR512 , east of Columbus Street and approximately 1800 feet south of Main Street. Zoning is L-2(6 units/ 1 acre) ' Findings : 1 . Property is under the 80 acres minimum size required. 2 . There would be no major access roads to property and would impact residential neighborhoods . 3 . There was no environmental study performed. Conclusions : Property size will not meet minimum required and property not selected. • Davis Land Trust Property Description: ( 18 -31 -39-000004000-00003 . 0 and 3 . 1 ) Property is 80 acres and is in the unincorporated Indian River County, but bordered on all four sides by the City of Sebastian . " The property would be accessed through local residential City of Sebastian streets . The property is located south of South Moon Under Subdivision, north of Sebastian Highlands Unit 16 and Northwest of Schumann Lake. There is an old grove on property. The zoning is L-2 (6 units/1 acre) . ' Findings : 1 . Property is the minimum size required. 2 . There would be no major access roads to property and would impact residential neighborhoods. 3 . A visual field observation was performed to estimate the environmental impacts of the site. The following are hydric soils that are found within the boundary of this site : Mayakka, fine sand, depressional tThe creek/ditch appears to be natural, but has been altered to facilitate drainage of the citrus grove. The area defined on the graphic is the apparent wetland boundary of the creek. This F:\Engineering\Capital Projects\9926-NC Alternative Sites-cjk.doc 1 creek appears to drain into the wetland to the NE of, and off of, the subject property. This ' wetland is a high quality forested wetland. Opportunities for avoidance are limited due mainly to the small size of the parcel . Wetland impacts would be necessary; however, mitigation would have to be done offsite and most likely not in any area contiguous to this ' parcel. Conclusions : 1 . Site will have detrimental impact on residential neighborhood if park constructed here, due to access , noise pollution, light pollution, etc . ' 2 . Taking into account the wetlands (avoidance/minimization) , this site would be less than the minimum 80 acres size. 3 . Removal of existing creek/ditch may severely impact adjacent forested wetlands . 1 Ansin Property r Description: (27-31 -38 -000004000-00001 . 0) ' Property would be 80 acres taken out of a larger parcel of 216 acres and is in unincorporated Indian River County. The site would have 40 acres north and 40 acres west of the Sebastian River High School, and would be bordered on the east by CR510 and located approximately 2000 feet south of CR512. The site is an existing pasture. The zoning is L4 (3 units/ l acre) Findings : 1 . Property is of adequate size. 2 . Access to site would be from CR510, a major access roadway. 3 . "L" shaped parcel would not be ideal layout for proposed facilities. 4 . An environmental assessment was performed on this site as follows : 1 The following are hydric soils that are found within the boundary of this site : Rivera fine sand . ' Rivera fine sand, depressional Pineda fine sand Manatee loamy fine sand ' Manatee mucky loamy fine sand, depressional Based on the assessment of the St. Sebastian River Buffer Preserve site (located immediately ' to the north of this site) the following percentages of wetlands can be used Rivera fine sand 43 .23 % Wabasso fine sand (not hydric) 8 .98 % Manatee mucky loamy fine sand, depressional 100% Riviera fine sand, depressional 100% F:\Fngineering\Capital Projects\9926-NC Ahemative Sites-cjk.doc 1 It appears that 75 % of this project site would be determined to be wetlands. Opportunities for avoidance are limited as the configuration of the parcel would limit the county' s ability to design a recreational area (with the amenities required) that would avoid wetland impacts . ' In addition, two large wetland areas on this parcel appear to be of high quality (a large depressional wetland and a forested wetland) . Opportunity for onsite mitigation would be ' limited forcing mitigation on a non-contiguous piece of land. Conclusions : ' 1 . Wetland impacts of this site would require extensive mitigation and would lend this site to be financially and environmentally unsuitable for development of a park. 2 . The 'T" shape of the site would not be ideal for maximizing the area of the intended facilities . Buffer Preserve Property Description: (22-31 -38 -00000= 1000-00001 . 0) Property would be 121 acres leased from the Florida Department of Environmental Protection, as part of the 16 ,683 acre Buffer Preserve and is in the County. The site would be located just west of Sebastian River Middle School and just north of CR512 . The site was formerly a pasture. The zoning is C4 (9 Units/1 acre) Findings : 1 . Property is of adequate size. 2 . Access to site would be from CR512, a major access road. 3 . Impact on wetlands requiring mitigation is 41 . 98 acres as determined by wetland determination and design layout. ' Conclusions : 1 . Size of site, provides for more than the 80 acres required. 2 . Easy access to site. ' 3 . Does not impact residential neighborhood. 4. Wetland impacts are restricted to disturbed wetlands (pasture), mitigation is contiguous with ' wetlands remaining on site as well as extensive wetland areas on the Buffer Preserve. r FAEngineering\Capital Projects\9926-NC Altemative Sites-cjk.doc K - r Summary: r Indian River County had investigated four sites for the proposed Indian River County North County ' Regional Park and determined from the findings of each site, that the Buffer Preserve site is the site that meets our basic minimum requirements , does not impact residential neighborhoods , and is considered to be much better choice environmentally that the Ansin p1roperty or the Davis Land Trust property. The Thornton site was too small to consider. r 1 r r r r r r r r r r FAEngineering\Capital Projects\9926-NC Altemative Sites-cjk.doc 1 dz ryt, ^ , r . . -.;}r•.cn- •. sa. .-A.�,. ^tr'r ..� a .� . w '��'^ .,�w ` III G. 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' M1 . . - . • n ��'1 v v �� �'°""� SUBSURFACE SOIL INVESTIGATION FOR PROPOSED NORTH COUNTY REGIONAL PARK NORTH SIDE OF CR 512 WEST OF ' SEBASTIAN RIVER MIDDLE SCHOOL Indian River County, Florida June 2000 ' Prepared for: Indian River County Public Works Department 1 ' FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33RD STREET • FT. PIERCE, FLORIDA 34946 • TELEPHONE (561) 461=7508 FAX (561) 461-8880 1 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET • FT. PIERCE, FLORIDA 34946 • TELEPHONE (561 ) 461 -7508 • FAX (561 ) 461 -8880 ' June 15 , 1999 Indian River County Public Works Department Attention: Mr. Chris Kafer, P .E. ' 1840 25"' Street Vero Beach, Florida 32960-3365 ' Re : Proposed North County Regional Park Indian River County Project No . 9926 ' FET Job#: D-00262 Ladies and Gentlemen: The following is our report of the subsurface investigation for the above referenced project. The report presents our understanding of the project, the results of the field exploration program, our ' analysis of the foundation conditions, and recommendations for design bearing pressures and site preparation. 1 SITE AND PROJECT DESCRIPTION The site is on the north side of CR 512 just west of the Sebastian River Middle School property. The site is relatively flat and is currently undeveloped pasture land with tall grass, scattered trees and some ' light brush. In the southeast corner of the site there will be a shallow activity pool, an Olympic pool/diving facility ' and a pool house. There will also be paved and grass parking and associated paved roadways. In the south center portion of the site there will be a configuration of four baseball fields . There will be a two-story concession stand in the center of the ballfield area and a maintenance building at the south end of the ballfield area ' In the northern portion of the site there will be a configuration of six soccer fields. There will be a playground area between the baseball fields and the soccer fields. We understand that several feet of fill will be placed in the areas of the pools and buildings and in the roadway/parking areas. The ballfield and soccer areas will also be filled. ' There will seven lakes on the project and the soil to be excavated from the lakes will be used as site fill. t Indian River County Public Works Department ' Proposed North County Regional Park June 15 , 2000 ' FIELD INVESTIGATION A total of twenty (20) Standard Penetration Test Borings (SPTs) were taken at designated locations across the site . Thirteen ( 13 ) SPTs were taken in the areas of the proposed swimming pools and building areas, and are designated on the boring logs and the layout map as SS (split spoons) borings . ' Six (6) SPTs were taken within the proposed lake areas and one ( 1) SPT was taken in the center of the soccer field area, and are designated on the boring logs and the layout map as SB (soil borings) . A water management district Hydraulic Conductivity Test was also performed. The approximate test ' locations are noted on the layout drawing and the boring logs are enclosed. Depth, as noted on the logs, represents the depth below the existing grades at the time the borings were taken. The SPT borings were completed employing mud rotary techniques. Samples of the in-place materials were recovered using a standard split barrel driven with a 140-pound hammer freely falling 30 inches (ASTM D- 1586, "Penetration Test and Split-Barrel Sampling of Soils ") . Samples collected from the borings were returned to our office where .they were visually classified. ' SUBSURFACE CONDITIONS ' The subsurface conditions are relatively consistent throughout the site. Below an approximately 6. . inch thick layer of soil containing surface organics, the soils in the upper 2 to 2 . 5 feet are fine sands having minimal silt/clay content and are in a generally medium dense condition. Below the surface ' fine sands to the termination depths of the SPTs, the soils are fine sands containing varying amounts of silt and clay, and are in a generally medium dense to loose condition. ' The depth to the groundwater at the time the borings were taken ranged from 4.3 to 5 . 2 feet below the existing grades. It is our opinion the water table levels noted on the boring logs are about 1 foot below the average dry season water table due to the recent prolonged dry period. We estimate the ' average wet season water table levels are about 4 feet above the noted levels or within 1 foot of the ground surface. FOUNDATION ANALYSIS AND RECOMMENDATIONS ' The results of the test borings indicate suitable subsurface soil conditions for support of the proposed structures using conventional shallow footing foundations . All site preparation, any excavation and ' backfilling required during site preparation, fill placement, and excavation for footings should be performed as outlined in the following section. Please note that the recommendations in the following section include compaction of the original ground prior to fill placement. Our, soil ' bearing capacity recommendations are contingent upon adequate testing of the original ground as well as the foundation fill. ' 2 Fraser Engineering and Testing, Inc. Y Indian River County Public Works Department Proposed North County Regional Park June 15 , 2000 ' Based on the existing and proposed grades, several feet of fill will be placed in the building areas. In order to numimize any fill induced settlements, we recommend that all of the fill required to bring the ' slab areas to grade be placed and compacted prior to footing excavation. With the above criteria satisfied, a sod bearing pressure of 2,500 pounds per square foot may be used in the design of the footings. ' BUILDING AND POOL AREA SITE PREPARATION RECOMMENDATIONS Building and Pool Areas Site Preparation and Earthwork ' cleared of all trees roots surface vegetation., and an other The foundation areas should be y deleterious matter to 5 feet outside of the proposed structure and pool areas . After clearing, the areas ishould be graded to an even grade and then compacted with a self-propelled steel drum vibratory roller having a minimum total applied force of 10 tons. Sufficient compactive effort should be applied to obtain a minimum of 95% density per ASTM D- 1557 for a depth of 2 feet. The vibratory roller ' should make a minimum of 8 overlapping passes, 4 in one direction, and 4 in a direction at right angles over the entire cleared area. Soil density tests should be taken in the upper 2 feet prior to fill ' placement. If any unstable soil conditions or soft areas are encountered during compaction operations, the project engineer, geotechnical consultant or other responsible professional should be informed, the matter investigated and a resolution determined. Fill Placement 1 Where fill is to be placed on the existing ground, the su fice must first be prepared as outlined above . The outer edges of the fill should extend out a sufficient distance to allow for compacted fill extending fora •ni immum of 6 feet beyond the structure outline at final grades . _ Due to the likelihood of a high ground water table, the first 2 feet of fill should be a uniform free draining granular sod (clean sand containing less than 3 % material finer than the No . 200 sieve) and be placed in layers not to exceed 15 inches loose measure and compacted as outlined above . Provided a dry, stable surface is achieved, the remaining fill may contain up to 7% material finer than the No . 200 sieve . Sufficient compactive effort should be applied to obtain a minimum of 95 % density for all of the fill layers. Sufficient soil density tests should be taken to verify the density has been achieved. Footing Excavation ' Once the footings have been excavated, representative density tests should be taken. The density at 3 Fraser Engineering and Testing, Inc . Indian River County Public Works Department ' Proposed North County Regional Park June 15 , 2000 ' the g footin grade should be a minimum of 95 % density. If the bottom of the footing has been loosened during excavation, the footing area should be compacted with a heavy plate vibratory compactor. Sufficient compactive effort should be applied to achieve the 95 % density. Pool Decks The earth walls of the pool excavation usually extend out a few feet from the pool walls into the deck area. It is essential the entire depth of the backfill placed in this area is compacted to 95 % density per ASTM D4557 . Groundwater Heavy rainfall and/or a high water table may occur before the earthwork commences, or during the earthwork operation. When these conditions occur and the site preparation cannot be achieved as specified, an evaluation of the existing conditions should be conducted and the specifications revised accordingly. On-Site Inspection We recommend that the site preparation and subsequent earthwork be monitored by a qualified soils technician. The soils technician should be responsible to observe the compaction of the building and pavement areas, determine the suitability of the fill and backfill, and take representative density tests ion the prepared surface, fill, backfill, and footing excavations . PAVEMENT AREA PREPARATION RECOMMENDATIONS Pavement Area Preparation and Earthwork — The pavement areas should be cleared of all trees, roots, surface vegetation, and any other deleterious matter to 3 feet outside of the proposed paved areas. After clearing, the area should be graded to an even grade and then compacted with a self-propelled steel drum vibratory roller having a minimum total applied force of 10 tons. Sufficient compactive effort should be applied to . obtain a minimum of 95 % density per ASTM D- 1557 for a depth of 2 feet. The vibratoryroller should make a minimum of 6 overlapping passes, 3 in one direction, and 3 in a direction at right angles over the entire cleared area. Soil density tests should be taken in the upper 2 feet prior to fill placement. If any unstable soil conditions or soft areas are encountered during compaction operations, the project engineer, geotechnical consultant or other responsible professional should be informed, the matter investigated and a resolution determined. 4 Fraser Engineering and Testing, Inc . Indian River County Public Works Department ' Proposed North County Regional Park June 15 , 2000 Due to the likelihood of a high ground water table, the first 1 foot of fill should be a uniform free draining granular soil (clean sand containing less than 3 % material finer than the No . 200 sieve) and ' be placed in layers not to exceed 15 inches loose measure and compacted as outlined above . Provided a dry, stable surface is achieved, the remaining fill may contain up to 7% material finer than the No . 200 sieve. Sufficient compactive effort should be applied to obtain a minimum of 95 % ' density for all of the fill layers. Sufficient soil density tests should be taken to verify the density has been achieved. With the above criteria satisfied, a standard pavement section may be constructed. All methods and ' materials should be in accordance with the latest version of the FDOT Standard Specifications for Road and Bridge Construction. r UTILIZATION OF SOIL FROM LAKE EXCAVATIONS As noted in the project description, soil to be excavated from the lakes will be used as site fill The soils in the upper 2 to 2 .5 feet designated on the boring logs as fine sands dry rapidly and compact easily, even under wet conditions, and have a high permeability rate. These soils are excellent for building foundation or roadway fill. The soils designated as fine sands with traces of silt and clay or slightly silty, slightly clayey will take some drying time before they can be compacted and they have a relatively slow permeability rate. Soils designated as silty, clayey fine sands contain appreciable amounts of silt and clay (we estimate combined silt/clay content in the 12% to 20% range) . They do not drain well and . are difficult to compact when wet and have a very slow permeability rate. Although these soils are technically suitable for use as fill, considerable drying time in stockpiles will be necessary. Use of these soils in structural areas often results in project delays. If sand with minimal silt and clay content is needed, we recommend that dredging be considered. If the lakes are dredged, it should be feasible to perform the dredging in a manner that would remove the majority of the . silt and clay from the soil If this approach, is to be taken, we recommend ' consulting with a contractor familiar with dredging these type soils. CLOSURE This report has been prepared in accordance with generally accepted foundation engineering practices. The recommendations presented herein are based on the data obtained from the soil borings previously described. No other warranty, expressed or implied, is made . We do not ' guarantee project performance in any respect, only that our work meets normal standards of professional care. This report may not account for all possible variations that may exist between conditions observed in the borings and conditions at locations that were not explored. The nature and extent of any such variations may not become evident until fiuther explorations are made or 5 Fraser Engineering and Testing, Inc . 1 . Indian River County Public Works Department Proposed North County Regional Park June 15 , 2000 1 guarantee project performance in any respect, only that our work meets normal standards of professional care. This report may not account for all possible variations that may exist between 1 conditions observed in the borings and conditions at locations that were not explored. The nature and extent of any such variations may not become evident until further explorations are made or construction is underway. If variations are then observed, we recommend that Fraser Engineering 1 and Testing, Inc. be requested to inspect the actual site conditions and, if necessary, re-evaluate the recommendations of this report. ' It has been our pleasure to assist you in this phase of your project. If you have any questions about this report or need any additional information, please call at your convenience. Respectfully submitted, ' FRASER ENGINEERING AND TESTING , INC . Alexander Fraser, P .E . ' Florida Registration No . 16178 AHF :da Copies: Client - 2 Carter Associates, Inc . - 1 Brad Smith Associates, Ina. - 1 1 6 Fraser Engineering and Testing, Inc. ' FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 DEPTHft. ( ) (1) (2) BORING LOG - SOIL DESCRIPTION ' 0 00 g Sand, light brown fine 2 14 3 . 0 4 Sand, light brown & gray fine, silty , clayey 18 — 6 6 . 0 ' 10 Sand, light brown & gray fine , slightly silty, slightly 8 8 . 0 clayey ' 16 Sand, light brown & gray fine, with traces of silt & 10 clay 12 13 . 0 ' 14 4 Sand, light brown & gray fine , slightly silty 16 18 IB .o 4 Sand, medium brown & gray fine, silty, clayey , with 20 20.0 traces of shell fragments Boring Terminated at 20 .0 Water Table at 4 . 4 (1) "N" VALUE - BLOWS PER FOOT BORING NO . : SS- 1 (2) GROUND WATER — DATE DRILLED : 5/30/00 ' JOB NO. : D-00262 ' CLIENT. Indian River County Public SITE . North County Regional Park Works Department CR 512 Indian River County , Florida ' FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 ' FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800. 233 .9011 ' DEPTH;te) (1) (2) BORING LOG - SOIL DESCRIPTION ' 0 0.0 12 Sand, light brown fine 2 2 . 5 18 3 .5 Sand, light brown & gray fine, silty , clayey 4 4,0 Sand. IiLyht bro;m- ' 27 5 . 5 Sand, light brown & gray fine , silty , clayey 6 ' 4 Sand, light brown & gray fine , with traces of shell fragments 8 ' 10 9 .0 10 Sand, light brown & gray fine , silty , clayey 12 13 .0 14 8 Sand, light brown & gray fine , with traces of silt ' 16 18 18 .0 2 Sand, medium brown & gray fine , silty , clayey, with 20, 0 traces of shell fragments 20 ' Boringfierminated at 20.0 Water Table at 4. 8 (1) "N" VALUE - BLOWS PER FOOT BORING NO . : SS -2 (2) GROUND WATER — DATE DRILLED : 5/30/00 ' JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567. 6167 STUART 561 .283 .7711 FAX 561 .461 . 8880 ' FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 DEPTH (ft.) (1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 14 Sand, light brown fine 2 ' 11 3 .0 4 — Sand, light brown & gray fine, silty , clayey 21 5 . 0 6 Sand, light brown & gray fine , slightly silty , slightly ' 4 clayey 8 ' 13 9 . 0 10 Sand, light brown & gray fine, silty , clayey 12 13 .0 ' 14 4 Sand, light brown & gray fine , slightly silty , slightly g Y tY , g Y clayey ' 16 ' 18 18 .0 2 Sand, medium brown fine , silty, with traces of shell 20 20o fragments ' Boring Terminated at 20 .0 Water Table at 4 . 3 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO. . SS - 3 (2) GROUND WATER — DATE DRILLED : 5/30/00 ' JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida ' FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800. 233 .9011 DEPTH (ft.) (1 ) (2) BORING LOG - SOIL DESCRIPTION 0 0. 0 15 Sand, light brown fine 2 19 3 .0 ' 4 Sand, light brown & gray fine , silty , clayey 4. 5 23 Sand, light brown & gray fine, slightly silty , slightly clayey 6 — 6 . 0 17 7 . 0 Sand, light brown fine ' 8 Sand, light brown & gray fine , slightly silty , slightly 15 9 . 0 clayey ' 10 Sand, light 1 rown & gray fine , silty , clayey 12 ' 13 . 0 14 4 Sand, medium brown fine , slightly silty, slightly clayey 16 ' 18 .0 18 3 Sand, medium brown fine , silty ,clayey , with traces of ' 20 2010 shell fragments Boring Terminated at 20 .0 Water Table at 4.7 ' (1) "N" VALUE - BLOWS PER FOOT B SS-4 ORING NO . . ' (2) GROUNDWATER — DATE DRILLED : 5/30/00 JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE. North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 . 8880 1 FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 1 DEPTH (ft. ) (1 ) (2) BORING LOG - SOIL DESCRIPTION 1 0 0 . 0 10 Sand, light brown fine 1 2 12 3 . 0 4 1 4 . 5 Sand, light brown & gray fine, silty , clayey_ 16 6 Sand, light brown & gray fine, slightly silty , slightly 1 clayey 8 . 8 1 9 9 . 0 10 Sand, light brown & gray fine , silty , clayey 1 12 1 13 . 0 14 7 Sand, light brown & gray fine, slightly silty , slightly clayey 1 16 1 18 18 .0 2 Sand, medium brown fine, silty ,clayey, with traces of 20 20 . 0 shell fragments 1 Boring Terminated at 20 . 0 Water Table at 4 . 3 i 1 (1) "N" VALUE - BLOWS PER FOOT BORING NO . : SS - 5 (2) GROUND WATER — DATE DRILLED : 5/30/00 1 JOB NO. : D-00262 1 CLIENT: Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County, Florida 1 FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 1 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 . 233 . 9011 DEPTH (ft.) ( 1) (2) BORING LOG - SOIL DESCRIPTION 0 0 .0 17 Sand, light brown fine 2 2 .5 19 4 Sand, light brown & gray fine , silty , clayey ' 26 _ 5 .0 6 Sand, light brown & gray fine , slightly silty , slightly 31 clayey 8 ' 10 9 . 0 10 Sand, light brown & gray fine , silty , clayey 12 13 . 0 14 7 Sand, light brown & gray fine , slightly silty , slightly 1 clayey 16 18 18 .0 1 Sand, medium brown & gray fine, silty,clayey , with 20.0 traces of shell fragments 20 Boring Terminated at 20 ..0 Water Table at 4 .3 (1) "N" VALUE - BLOWS PER FOOT BORING NO. : SS-6 (2) GROUND WATER — DATE DRILLED : 5/31 /00 JOB NOV * D-00262 CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 ' FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 . 233 . 9011 DEPTH (ft.) (1 ) (2) BORING LOG - SOIL DESCRIPTION 0 0. 0 13 Sand, light brown fine ' 2 2 . 5 12 4 Sand, light brown & gray fine , silty , clayey ' 22 _ 5 . 0 ' 6 Sand , light brown & gray fine , slightly silty , slightly 22 clayey 8 10 9 . 5 10 Sand, Iight brown & gray fine , silty , clayey r 12 13 . 0 14 7 Sand, light brown & gray fine , slightly silty , slightly clayey 16 18 18 .0 1 Sand, medium brown & gray fine , silty, slightly clayey , 20. 0 with traces of shell fragments 20 ' Boring Terminated at 20.0 Water Table at 4 . 3 (1 ) ` °N" VALUE - BLOWS PER FOOT BORING NO . : SS -7 (2) GROUND WATER — DATE DRILLED : 5/31 /00 JOB NO . : D-00262 CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 - r FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 .233 . 9011 DEPTH (ft.) ( 1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 15 Sand, light brown fine 1 2 23 3 . 0 4 Sand, light brown & gray fine , silty , clayey , with thin r30 — sand seams 6 6 . 5 r 16 S Sand, light brown & gray fine, slightly silty , slightly clayey r 11 9 . 5 10 Sand, light brown & gray fine , silty , clayey r 12 13 . 0 r14 5 Sand, light brown & gray fine , slightly silty , slightly clayey r 16 18 18e0 2 Sand, medium brown fine , silty, clayey , with traces of shell fragments 20 20 .0 Boring Terminated at 20.0 Water Table at 4.3 1 ' (1 ) "N" VALUE - BLOWS PER FOOT BORING NO . . SS- 8 (2) GROUND WATER — DATE DRILLED : 5/31 /00 ' JOB NO . : D-00262 r CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida rFORT PIERCE 561 .461 .7508 VERO BEACH 561567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 r FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 . 233 .9011 ' DEPTH (ft.) (1 ) (2) BORING LOG = SOIL DESCRIPTION 0 0 . 0 ' 7 Sand, light brown fine 2 2 . 0 7 Sand, light brown & gray fine , silty , clayey 4 18 6 ' 18 Sand, light brown & gray fine , slightly silty , slightly clayey 8 ' 5 9 . 5 10 Sand, light brown & gray fine , silty , clayey ' 12 13 . 0 14 6 Sand, light brown & gray fine , slightly silty , slightly clayey ' 16 18 18 . 0 2 Sand, medium brown & gray fine, silty , clayey , with 20 20 . 0 traces of shell fragments Boring Terminated at 20.0 ' Water Table at 4 .5 ( 1) "N" VALUE - BLOWS PER FOOT BORING NO . : SS -9 (2) GROUND WATER — DATE DRILLED : 5/31 /00 ' JOB NO . : D-00262 CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida ' FORT PIERCE 56I ,461 ,7508 VERO BEACH 561 .567. 6167 STUART 561 .283 .7711 FAX 561 .461 . 8880 FRASER ENGINEERING AND TESTING INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800. 233 . 9011 DEPTH (ft.) (1) (2) BORING LOG - SOIL DESCRIPTION 0 0 . 0 12 Sand, light brown fine 2 2 . 5 14 ' 4 Sand, light brown & gray fine , silty , clayey 25 — ' 6 6 . 5 14 8 Sand, light brown & gray fine , slightly silty , slightly ' clayey 13 9 .0 10 Sand , light gray fine , silty , clayey 12 13 . 0 14 4 Sand, light brown & gray fine , slightly silty , slightly ' clayey 16 18 18 .0 5 Sand, medium brown & gray fine, silty , slightly clayey , ' 20 .0 with traces of shell fragments 20 ' Boring Terminated at 20 . 0 Water Table at 4 . 3 ' (1 ) "N" VALUE -,BLOWS PER FOOT BORING NO. : SS - 10 (2) GROUNDWATER — DATE DRILLED : 5/31 /00 JOB NO. : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 . 6167 STUART 561 .283 .7711 FAX 561 .461 . 8880 FRASER ENGINEERING AND TESTING INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 DEPTH (ft.) ( 1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 .0 15 Sand, light brown fine ' 2 2 . 0 10 Sand, light brown & gray fine, silty , clayey , with sand ' 4 4 . 0 seams 13 — Sand, light brown & gray fine, slightly silty , slightly 6 6 . 0 clayey ' 22 Sand, light brown & gray fine , slightly silty , slightly S clayey, with traces of shell fragments 19 9 .0 10 Sand, light brown & gray fine , silty , clayey 12 ' 13 . 0 14 3 Sand, light brown & gray fine , silty , clayey ' 16 ' 18 18 .0 2 Sand, medium brown & gray fine , silty , clayey ' 20 20. 0 _ ' Boring Terminated at 20 .0 Water Table at . 4. 3 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO. : SS41 (2) GROUND WATER — DATE DRILLED : 5/31 /00 ' JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 ' Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 ' FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 . 233 .9011 DEPTH (ft.) ( 1) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 12 Sand, light brown fine ' 2 2 . 0 17 3 , 5 Sand, light brown & gray fine, silty , clayey ' 4 Sand, light brown & gray fine , slightly silty , slightly 6 _ clayey 6 15 7 .0 g Sand, light brown & gray fine , with traces of shell ' fragments 9 . 5 10 Sand, light brown & gray fine , silty , clayey t 12 13 . 0 ' 14 10 Sand, light brown & gray fine , slightly silty , slightly clayey ' 16 ' 18 18 .0 4 Sand, medium brown & gray fine , silty , clayey ' 20 20.0 ..w. ' Boring Terminated at 20. 0 Water Table at 4. 8 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO .: SS42 (2) GROUNDWATER — DATE DRILLED : 5/31 /00 ' JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County, Florida ' FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 .233 .9011 DEPTH (ft.) (1) (2) BORING LOG - SOIL DESCRIPTION 0 0 .0 15 Sand , light brown fine 2 2 ' 0 ' 11 Sand, light brown & gray fine , silty , clayey 4 ' 28 — 5 . 5 6 Sand, light brown & gray fine , slightly silty , slightly 28 clayey 8 29 9 . 0 10 Sand, light . brown & gray fine , silty , clayey 12 13 . 0 14 7 Sand, light brown & gray fine , slightly silty , slightly clayey ' 16 18 18 . 0 i 1 Sand, medium brown fine , silty , clayey , with traces of 20 .0 shell fragments 20 Boring Terminated at 20 .0 Water Table at 4. 3 (1) "N" VALUE - BLOWS PER FOOT BORING NO . . SS- 13 (2) GROUND WATER — DATE DRILLED : 5/31 /00 ' JOB NO. : D-00262 CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 .233 . 9011 DEPTH (ft.) (1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 18 Sand, light brown fine ' 2 2 . 0 19 Sand, light brown & gray fine , silty , clayey 4 25 5 . 0 ' 6 Sand, light brown & gray fine , slightly silty , slightly 29 clayey , with traces of shell fragments 8 17 9 .0 1 10 Sand, light brown & gray fine , silty , clayey 12 ' 13 . 0 14 4 Sand, light brown & gray fine, slightly silty, slightly ' clayey 16 18 18 .0 4 Sand, medium brown & gray fine , silty , clayey , with ' 20.0 traces of shell fragments 20 Boring Terminated at 20.0 Water Table at 4 . 5 ( 1) "N" VALUE - BLOWS PER FOOT BORING NO. : SB - 1 (2) GROUNDWATER — DATE DRILLED : 6/02/00 ' JOB NO. : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 PAX 561 .461 .8880 FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800. 233. 9011 DEPTH (ft.) ( 1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 16 Sand, light brown fine 2 2 . 5 13 Sand, light brown & gray fine , silty, clayey , with sand ' 4 seams 32 5 .0 ' 6 Sand, light gray fine , slightly silty , slightly clayey 15 7 . 0 8 Sand, light gray fine , slightly silty , slightly clayey , with 24 9 .0 traces of shell fragments 10 Sand, light gray fine , silty , clayey 12 13 .0 14 6 Sand, light brown & gray fine , slightly silty , slightly clayey 16 18 18 ,0 4 Sand, medium brown fine , silty , clayey r 20 0 .0 ' Boring Terminated at 20 . 0 Water Table at 405 (1 ) "N" VALUE - BLOWS PER FOOT BORING NO . : SB -2 (2) GROUNDWATER — DATE DRILLED : 6/02/00 JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 ERASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 . 233 . 9011- DEPTH 00 . 233 . 901TDEPTH (ft.) (1) (2) BORING LOG - SOIL DESCRIPTION 0 0. 0 0 . 5 Sand, medium gray fine , slightly organic , with grass 13 2 2 . 5 Sand, light brown fine ' 5 Sand, light brown & gray fine, silty , clayey 4 4 .5 16 — 6 Sand, light brown & gray fine , slightly silty ; slightly clayey , with pieces of cemented sand & shell fragments ' 21 8 21 9 .0 ' 10 Sand, light brown & gray fine , silty , clayey 12 13 .0 14 11 Sand, light brown & gray fine , slightly silty , slightly clayey i 16 18 18 .0 3 Sand, medium brown fine , silty , clayey 20 20 .0 Boring Terminated at 20 .0 ' Water Table at 4. 5 ( 1) "N" VALUE - BLOWS PER FOOT BORING NO. . SB - 3 ' (2) GROUND WATER — DATE DRILLED : 6/02/00 ' JOB NO. : D-00262 CLIENT : Indian River County Public SITE : North County Regional Park ' Works Department CR 512 Indian River County , Florida ' FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 . 9011 t DEPTH (ft. ) (1) (2) BORING LOG - SOIL DESCRIPTION ' 0 0 . 0 13 Sand, light brown fine 2 2 . 5 24 4 Sand, light brown & gray fine , silty , clayey 20 5 .0 ' 6 Sand, light gray fine , slightly silty , slightly clayey 18 7A ' 8 Sand, light gray fine , slightly silty, slightly clayey, with 15 traces of shell fragments 10 12 ' 13 .0 14 9 Sand, light brown & gray fine , silty , clayey 16 ' 18 . 0 18 2 Sand, medium brown fine , silty , clayey ' 20 20 ,0 Boring Terminated at 20 .0 Water Table at 4 . 5 (1) "N" VALUE - BLOWS PER FOOT BORING NO. : SB -4 (2) GROUND WATER — DATE DRILLED : 6/02/00 JOB NO.: D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 . 8880 1 FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33RD STREET FORT PIERCE, FLORIDA 34946 * PHONE 800 .233 . 9011 DEPTH (ft.) (2) BORING LOG - SOIL DESCRIPTION � 0 . 0 (1) F16 Sand, light brown fine 2 2. 0 13 3 .5 Sand, light brown & gray fine , silty , clayey ' 4 19 Sand, light gray fine, slightly silty , slightly clayey , with pieces of cemented sand & shell fragments 6 20 8 8 .0 r10 Sand, light brown & gray fine , slightly silty , with traces 10 of shell fragments 12 ' 13 . 0 14 5 Sand, light brown & gray fine , slightly silty , slightly clayey 16 ' 18 18 .0 Sand, medium brown fine , slightly silty , slightly clayey ' 20 20.0 ' Boring Terminated at 20.0 Water Table at 4 . 8 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO . : SB - 5 (2) GROUNDWATER — DATE DRILLED : 6/02/00 ' JOB NO . : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 ' Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 .7711 FAX 561 .461 .8880 ' FRASER ENGINEERING AND TESTING , INC . 3504 INDUSTRIAL 33M STREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 DEPTH (ft.) (1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 0. 0 12 Sand, light brown fine ' 2 2 .0 12 3 .0 Sand, light brown & gray fine , silty , clayey ' 4 4 '0 Sand, light brown & gray fine , silty , clayey , with traces 15 of cemented sand & shell fragments ' 6 Sand, light brown & gray fine , slightly silty , slightly 23 clayey , with traces of shell fragments 8 8 .0 ' 10 Sand, light gray fine , slightly silty , slightly clayey 10 12 13 . 0 ' 14 12 Sand, light brown & gray fine, with traces of silt & clay 16 ' 18 1 s .o 4 Sand, medium brown fine , silty , clayey ' 20 20 .0 ' Boring Terminated at 20 .0 Water Table at 5 .2 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO ., SB -6 (2) GROUND WATER — DATE DRILLED : 6/02/00 JOB No . : D-00262 ' CLIENT: Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County ; Florida ' FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567.6167 STUART 561 .283 . 7711 FAX 561 .461 . 8880 ' FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33RDSTREET FORT PIERCE, FLORIDA 34946 * PHONE 800.233 .9011 DEPTH;(Iftle) (1 ) (2) BORING LOG - SOIL DESCRIPTION ' 0 7� 0 . 0 22 Sand, light brown & gray fine 1 2 .5 22 4' Sand, light brown & gray fine, silty , clayey 4 .5 11 6 _ Sand, light brown & gray fine , slightly silty , slightly ' clayey , with traces of shell fragments 22 8 ' 24 10 12 13 .0 ' 14 10 Sand, light brown & gray fine, slightly silty , slightly clayey ' 16 18 4 19 .0 20 0.6 Sand, medium brown fine , silty , clayey ' Boring Terminated at 20.0 Water Table at 5 .2 ' (1) "N" VALUE - BLOWS PER FOOT BORING NO . : SB -7 (2) GROUND WATER — DATE DRILLED : 6/09/00 ' JOB NO- : D-00262 ' CLIENT : Indian River County Public SITE : North County Regional Park Works Department CR 512 Indian River County , Florida FORT PIERCE 561 .461 .7508 VERO BEACH 561 .567 .6167 STUART 561 .283 .7711 FAX 561 .461 .8880 _. , FRASER ENGINEERING AND TESTING, INC . 3504 INDUSTRIAL 33m STREET FORT PIERCE, FLORIDA 34946 ' FT. PIERCE 561 -461 -7508 VERO BEACH 561-567-6167 STUART 561-283-7111 FAX 561 -461 8880 800-233-9011 ' Report of ' HYDRAULIC CONDUCTIVITY Client: Indian River County Public Works Department Date: ' Test No. : Site: Proposed North County Regional Park Date Tested : 06/09/00 Test Loc. : HC-1 at Soil Boring S114 Location ' Project No.: D40262 USUAL OPEN HOLE TEST NATURAL GRADE (N.G.) i I I I d HZ I I DS I I ELEV. "A" ' 40 K= 7T d(2H22 + 4H2DS + H2d) — K = HYDRAULIC CONDUCTIVITY 6.74 x 10'5 CFS/FT.2-FT. HEAD ' Q = " STABILIZED " FLOW RATE 1 .43 x 10-3 CFS ' d = DIAMETER OF TEST HOLE 0. 375 FEET H2 = DEPTH TO WATER TABLE 5 .2 FEET ' Ds = SATURATED HOLE DEPTH 0. 8 FEET ' ELEV. "A" = DEPTH TO PROPOSED TRENCH BOTTOM GEOTECHNICAL ENGINEERING FOUNDATION INVESTIGATIONS CONCRETE, SOIL AND ASPHALT TESTING �i — - - i — — she51 a et a .Y. 1 k. ' ♦ Y ya ;�.1s. 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