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Home My WebLink About2004-105 1 j �ORPDp'` I'61ixcan . Is nd ' CONTRACT CT DOCUMENTS AND SPECIFICATIONS FOR PELICAN ISLAND NATIONAL WILDLIFE REFUGE ! UPLAND RESTORATION BID NO . 6064 1 PROJECT NO . 0386 ' PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA CAROLINE D . GINN , CHAIRMAN ARTHUR R . NEUBERGER , VICE CHAIRMAN COMMISSIONER FRAN B . ADAMS 1 COMMISSIONER THOMAS S . LOWTHER COMMISSIONER KENNETH R . MACHT JAMES E . CHANDLER , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT ' WILLIAM G . COLLINS II , COUNTY ATTORNEY JAMES W . DAVIS , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER MICHELLE A. GENTILE , C . E . T . , CIVIL ENGINEER BRAD SMITH ASSOCIATES , INC . 1800 W . HIBISCUS BLVD . , SUITE 112 , MELBOURNE , FLA. 32901 (321 ) 724- 1036 1 0386-00001 - Project Title Page .doc 00001 - 1 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00001 - Project Title Page.doc Rev. 05/01 ' SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1840 25TH Street, Vero Beach, Florida 32960 A Z LOR1� TeleP hone : (772) 5674000 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 , April 14 , 2004 . 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 " Pelican Island National Wildlife Refuge Upland ' Restoration " . All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0386 ' INDIAN RIVER COUNTY BID NO. 6064 PROJECT DESCRIPTION: RESTORATION OF 158 ACRES OF CITRUS GROVES BACK TO ITS FORMER NATIVE UPLAND AND WETLAND COMMUNITIES AND ALSO RETURN THE WATER TABLE BACK TO ITS ORIGINAL ELEVATION. All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Public Works Department , Engineering Division , 1840 25th Street , Vero ' Beach , FL 32960 , 772-567-8000 . 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 $ 50. 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 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 ' 0386-00100 - Advertisement for Bids 00100 - 1 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00100 - Advertisement for Bids.doc completely including the financial statement . 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 x preparation costs . Bidder is hereby notified that funding of the Project comes , in whole or in art from a rant 1 p g provided by the United States Environmental Protection Agency through the Florida Department of Environmental Regulation . A copy of the grant is included in the Appendix to the Contract Documents , and the attention of the Bidder is directed to the requirements of the grant. ENTDIAN RIVER COUNTY By : Fran Boynton Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date (s ) : 3 - 17-04 3-24-04 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 0386-00100 - Advertisement for Bids 00100 - 2 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00100 - Advertisement for Bids.doc 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 Contract Forms Agreement 00520 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 Contractor's Application for Payment 00622 Certificate of Substantial Completion 00630 Contractor's Final Certification of the Work 00632 General Conditions 00700 Supplementary Conditions 00800 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS ' PERMITS APPENDIX A 00010 — Table of Contents F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00010 - Table of Contents (Capital Projects).doc I SECTION 00200 an Instructions to Bidders TABLE OF CONTENTS f. Article No . - Title Page ARTICLE 1 — DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 — COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 — QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE ARTICLE 5 — PRE — BID CONFERENCE ARTICLE 6 — SITE AND OTHER AREAS , 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 — CONTRACT TIMES " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 — LIQUIDATED DAMAGES . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 115 ARTICLE 11 — SUBSTITUTE AND "OR— EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mesa . . . . . . . . . . . . . . . . 5 ARTICLE 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 , . , , , , , . . a too * * * * . . . . . . . . . . . . . . . . . . . 9 w a a a a a a a . . . me , . . . . . . . . . . . . . 8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID , I I I I I I I . I I I I 1 0 6 a a a a . a a a magem , . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 — OPENING OF BIDS , * , " , a see 8 , 068808me . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . meow . . . . . . . . a . . . . . . . . . . . . . . 8 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . 8 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE , . . . . . . . . . . . . . . . . . . . . . a a 4 a 0 . . . . . . . . . . . 9 ARTICLE 21 — SIGNING OF AGREEMENT . . , , , , , , " , " . @to I . . . . 111111111110 ARTICLE 22 — SALES AND USE TAXES , , I . I I I I I I I I I I . . I I I . I I I I I I I I I I I I I I I a 4 0 0 a a a 0 a 0 . 4 1 a I I I I I I I . I I I . I I I . I I I 1 10 ARTICLE 23 — RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 24 — CONTRACTS TO BE ASSIGNED , I I I I . I I I I 1 0 1 1 1 . . . 4 0 0 . . . a a a 0 a a 0 & 0 a 0 5 . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 25 — PARTNERING , 0 a 0 6 0 . a a a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0386-00200 - Instructions to Bidders 00200 - i FAEngineedng\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - 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 tBids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Contractsto be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Liquidated Damages . . . , . . . . , . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modificationand Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre - Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparation of Bid Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . 3 Retainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 1 . 1 . 23 Sales and Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ' Signing of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal' Items 0386-00200 - Instructions to Bidders 00200 - ii F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS Y_ i Gi 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 . l 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. 0386-00200 - Instructions to Bidders 00200 - 1 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05101 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 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 has been identified and established in ' paragraph 4 . 06 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 . 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 I 0386-00200 - Instructions to Bidders 00200 - 2 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 with respect to a Hazardous Environmental Condition at the Site , if any, and possible changes in 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 ( Chris Kafer, 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 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors ) that relates to the Work for which a Bid is to be submitted . On request , OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price ) for such other work . 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 (CHRIS KAFER, P . E . , (772) 567 -8000 ) EXT. 1221 ) 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 ; 0386-00200 - Instructions to Bidders 00200 - 3 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - 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 ; ' 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 THIS SECTION INTENTIONALLY OMITTED . 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. ' 0386-00200 - Instructions to Bidders 00200 - 4 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 8 - BID SECURITY f. 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. 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 0386-00200 - Instructions to Bidders 00200 - 5 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 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 award 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 . ' 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 . ' 0386-00200 - Instructions to Bidders 00200 - 6 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 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 , 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 . 0386-00200 - Instructions to Bidders 00200 - 7 FAEngineeringlCapital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 ' 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 . - WITHDRAWAL OF BID ARTICLE 16 MODIFICATION AND I ' 16 . 01 A Bid may be modified or withdrawn b an appropriate document duly executed in the Y Y 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 . 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 J P 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 ' 0386-00200 - Instructions to Bidders 00200 - 8 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05/01 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 >f 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 . J 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 `t 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. 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 0386-00200 - Instructions to Bidders 00200 - 9 F :\Engineering\Capital Projects10386-Pelican Island Upland Restoration\0386-Pelipn Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. OS/Ot 1 ' 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 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work . Exemption No . 41 -05-012529-53C . Said taxes shall not be included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional ' information . ARTICLE 23 — RETAINAGE 1 23 . 01 This Section intentionally left blank . r ARTICLE 24 - CONTRACTS TO BE ASSIGNED r 24 . 01 OWNER has executed contracts with f 1 for [ 1 and with f ' for [ � The materials and equipment provided for in these contracts are to be furnished and delivered to the Site for installation by CONTRACTOR . The contracts will be assigned by OWNER to CONTRACTOR . Identification of the materials and equipment and the procedures to be ' followed appear in paragraph 6 . 21 of the Supplementary Conditions . 24 . 02 Bidders may examine the documents for these contracts at the Issuing Office . 1 ' 0386-00200 - Instructions to Bidders 00200 - 10 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05101 ARTICLE 25 - PARTNERING THIS SECTION INTENTIONALLY OMITTED . * * END OF SECTION SS 0386-00200 - Instructions to Bidders 00200 - 11 F:\Engineering\Capital Projectsk0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00200 - Instructions to Bidders.doc Rev. 05101 SECTION 00300 = Bid Package Contents THIS PACKAGE CONTAINS : ' SECTION TITLE SECTION NUMBER ' 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 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID ' * * END OF SECTION 0386-00300 - Bid Package Contents 003001 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00300 - Bid Package Contents.doc Rev. 05/01 t t SECTION 00310 - Bid Form PROJECT IDENTIFICATION : ' Project Mame : P . I . N . W . R Upland Restoration County Project Number. 0386 Project Address: Pelican Island National Wildlife Refuge _. ' 11325 Jungle Trail Vero Beach , Florida Project Description : Restoration of 158 acres of Citrus Groves ' back to its former Native Upland and Wetland Communities . THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY w 2625 19T" AVENUE VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an 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 . ' 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. 3401 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 . _ Addendum Date Addendum Number None ' 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. ' C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and r+ Regulations that may affect cost, progress and performance of the Work. D . Bidder has carefully studied ail: ( 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 , 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 . ' 038600310 - Bid Form 00310 - 1 f �ErgntKwW'.C�ad Pto,acttW'Se6.MMea„ Wand l dW-4 RNbrabWtCM&PdK*n WOO Nor. 0wom5 ' E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) 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 ' by Bidder, and safety precautions and programs incident thereto. 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 . 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 . I . 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 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] 038&00310 - Bid Forth 00310 - 2 F-.*m9rmwkv CaWtM ProiwuxO3 ekan Wand UowW RasW &#wW3e6-Peo=n Mand 4onhad Docs103B8m00310 . 81d Formal= Rev. 0&1 =I ITEMIZED BID SCHEDULE Project Name: P. I.N. W. R. Upland Restoration Bidder Name; Sitewerks , Inc. ITEM DESCRIPTION UNIT QTY. UNIT TOTAL ' NO . PRICE PRICE 1 Mobilization and De-mobilization, 1 LS including miscellaneous permit fees, etc. 41750 . 00 41750 . 00 ' 2 Maintenance of Traffic 1 LS " 12000 . 00 11000000 3 Prevention, Control and Abatement of 1 LS Erosion and Water Pollution, --• Sedimentation, and Siltation with silt fences ' (Approximately 9 , 231 linear feet of silt y fence 18 ,462 . 00 181462 . 00 4 Clearing and Grubbing Citrus Tree Areas 9 . 6 Acres tCitrus Grove Block East of Jungle Trail = 9 . 6 AC 11095 , 00 101512 & 00 ' 5 Citrus Grove Block West of Jungle Trail = 6 . 73 Acres 1 , 100 . 00 71403 . 00 6 . 73 AC 6 Selectively Clearing and Grubbing Citrus 0 .48 Acres Area ' Citrus Block (CBI ) West of Jungle Trail _ 0 .48 AC 91375 . 00 41500 . 00 ' 7 Removal of citrus irrigation lines and 1 LS pipes 1 , 687 . 00 11687 . 00 8 Off-site. disposal of rubbish , citrus 1 LS irrigation lines and pipes , and other debris -- 2 , 406 . 00 21406 . 00 9 Construction stakeout and surveying 1 LS 81000 . 00 89000 . 00 10 Excavation — Including , but not limited to, 1 LS _. ' excavation-and rough grading of slopes Aquatic Habitat #1 = 61100 CY ' Aquatic Habitat #2 = 14,585 CY Ephemeral Pond # 1 = 3 , 521 CY Ephemeral Pond #2 = 2 ,269 CY _ Ephemeral Pond #3 = 3 . 390 CY ' Total = 29 , 866 CY 38 , 527 . 14 38 , 527 . 14 Estimated -- W ITEMIZED BID SCHEDULE Project Name: P. I.N. W. R. Upland Restoration Bidder Name , Sitewerks , Inc. f ITEM DESCRIPTION UNIT CITY. UNIT TOTAL NO . PRICE PRICE 11 Embankment — Including , but not limited 1 LS -� to , backfilling of ditches and service road ' with excavated material and rough grading ' North Ditch = 573 CY Central Ditch = 2,049 CY Somme Service Road = 3.454 CY 12 , 152 . 00 12 , 152 . 00 .Total = 6, 076 CY Estimated ' 12 Transport and Stockpile Excavated 1 LS Material Stockpile = 790 CY 42 , 822 . 00 42 , 822 . 00 23 ' 13 Seeding of Aquatic Habitat and 1 LS Ephemeral Pond slopes to waterline with brown-top millet ' (2.66 LB per 1 ,000 SF = 150 LB total) Aquatic Habitat #1 = 10 ,557 SF ' Aquatic Habitat #2 = 31 ,383 SF Ephemeral Pond #1 = 5 ,949 SF Ephemeral Pond #2 = 49140 SF ' Ephemeral Pond #3 = 4 .221 SF 31093 . 75 39093 . 75 Total = 56t250 SF 14 Bursera simarube (Gumbo Limbo) , 15 296 EA gal . 81 . 00 23 , 976 . 00 15 Coccoloba diversifolia (Pigeon Plum), 7 125 EA gal . 44. 00 51500 . 00 16 Eugenia axillaries (White Stopper) , 3 gal. 125 EA 9 , 00 1 , 125 . 00 17 Eugenia foetida (Spanish Stopper) , 3 gal. 281 EA 9 , 00 21529. 00 , `- 18 Exothea paniculata ( Inkwood ), 7 gal. 62 EA 44 . 00 21728000 19 Ficus aurea (Strangler Fig ), 3 gal . 130 9 . 00 11170 . 00 ff20 Persea borbonia (Florida Red Bay) , 3 gale 312 EA 9 00 21808 . 00 '-- 21 Quercus virginiana ( Live Oak) , 30 gale 756 EA 131 . 25 99 , 225 . 00 22 Sabal palmetto (Cabbage Palm ) , 12-24' 764 EA 131 . 00 4100 , 084400 theme 23 Ardisia escallonioides (Mariberry) , 3 gal . 94 EA 9 . 00 846 . 00 24 Callicarpa Americana (Beautyberry) , 1 25 EA gal ' 5 . 00 125 . 00 25 Chiococca alba (Snowbeny) , 3 gal . `} 63 EA 9 . 00 567 . 00 0388-00310 - Bid Form t ITEMIZED BID SCHEDULE Project .Name: P.J.N. W. R. Upland Restoration Bidder Names Sitewerks , Inc. NOWNEWIN ITEM DESCRIPTION UNIT QTY. UNIT TOTAL ' NO . PRICE PRICE 26 Myrica cerifera (Wax Myrtle), 197 EA 3 gal . ' 9 . 00 11773 . 00 27 Myrcianthes fragrans (Simpson's 228 EA Stopper), 3 gal. -' ' 9 . 00 2 , 052 . 00 28 Psychotria nervosa (Shiny Leaf Wild 25 EA Coffee), 1 gal . 5 . 00 125 . 00 ' 29 Randia aculeate (White Indigo Berry) , 63 EA 3 gal. 9 . 00 567 . 00 ' 30 Rhus copallina (Winged Sumac), 3 gal. 31 E°` 9 . 00279 . 00 31 Rivina humilis (Rouge Plant), 1 gal . 25 EA 5 . 00 125. 00 ' 32 Sideroxylon tenax (Tough Buckthorn ) , 3 31 EA gal . 9 . 00 279 . 00 ' 33 Acrostichum danaeifolium (Leather Fem) , 30 EA I gal * 5 . 00 150 . 00 ' 34 Eleocharis cellulose (Coastal Spike 3 ,000 EA Rush ) , B . R. 1 . 38 41140. 00 ' 35 .! uncus effuses (Soft Rush) , 4" pot 17000 ° EA 1 . 38 1 , 380. 00 36 Muhlenbergia capillaries (Purple Muhly 10715 EA ' Grass) , 1 gal . 5 . 00 81575 . 00 37 Pontederia cordata (Pickerel Weed) , B . R. 21000 EA 1 . 38 21760 . 00 ' 38 Sagittaria lancifolia (Lance-leaved 2, 000 EA S. R. ' Arrowhead), 1 . 38 2 , 760 . 00 39 Sagittaria latifolia ( Duck Potato), B. R. 3, 000 EA 1 . 38 41140 . 00 ' 40 Scirpus tabemaemontani (Soft-stemmed 4 , 000 EA Bulrush) , B. R. 1 . 38 51520 . 00 ' 41 Spartina baked (Sand Cordgrass ), 11715 EA 1 gal . 5 . 00 8 , 575 . 00 42 Spartina patens ( Salt Meadow 1 ,715 EA ' Cordgrass) , 1 gal . 5 . 00 81575 . 00 43 Shredded Cypress Bark Mulch 556 CY ' 42 . 00 23 , 352 . 00 0386-00310 - Bid Forth a t ITEMIZED BID SCHEDULE Project Name: P .l�. N, W R, Upland Restoration Bidder Name• 8 � ' we s , Inc. ITEM DESCRIPTION UNIT QTY. UNIT TOTAL i NOV PRICE PRICE 44 Temporary Irrigation System (optional) or 1 LS — watering of plants by other means Are you going to install a temporary Irrigation system? ❑ yes ❑ no 21000 . 00 21000 . 00 45 Site Cleanup and Restoration 1 LS 41000 : 00 41000 . 00 46 As-Builts ' LS 8 , 000 . 00 81000 . 00 Performance Bond 1 LS 47 6 , 791 . 74 61791 . 74 48 Payment Bond 1 LS Included Above TOTAL saw 491 , 916063 f TOTAL AMOUNT OF BID ( IN FIGURES ) : $ 491 , 916 . 63 iTOTAL AMOUNT OF BID (IN WORDS ) : Four hundred ninety-one thousand nine hundred sixteen and 63/ 100****""******* Dollars w Y r V V r- r 0388.00310 - Bid Forth ' ITEMIZED BID SCHEDULE Project Name : SitieNs a Ro Upland Restoration Bidder Name, ' 5001 Bidder shall complete the Work in accordance with the Contract Documents for the prices) contained inthe . 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 : 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 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 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 _ r and work may be less or more than so estimated , and , if so , no action for damages or for doss of profits shall accrue to the Contractor by reason thereof. iD . Unit Prices have been computed in accordance with paragraph 11 .03 . 8 of the General Conditions . 6 .01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.0.7. E 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 : ' A. Required Bid security in the form of Bid Bond Be A tabulation of Subcontractors , Suppliers [and other] individuals and entities ' required to be identified in this Bid ; y Co 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 y H . (List other documents as pertinent). ITEMIZED BID SCHEDULE t Project Name:'nI.N. Wk . F�. Uptand Restoration Bidder Name; ewer s , nC. 8.01 The terms used In this Bid with initial capbl letters have the meanings indicated in the Instructions to Bidders, the General Conditions , and the Supplementary Conditions . rSUBMITTED on April 14th 2C 4.* State Contractor License No. 11720 ir If Bidder is: An Individual Name (typed or printed): r (S�) By: (Individualls signature) .; Doing business as: Business address: -- Phone No. : FAX No .: ..- A Partnership (SEAL) ' Partnership Name: By: (Signature of general partner — attach evidence of authority to sign) J Name (typed or printed) : Business address: Phone No. : FAX No. : ' — ration A ComoSitewerks , Inc. (SEAL) Corporation Name: ' State of Incorporation: on a -- Type (General Busine , Pro sionai, S ice , Limited Liability) : i By: (Signature — attach ence of autho ' to sign) Name (typed or printed ) : Jeff Brewster ' -- Vice President Ttie' (CORPORATE SEAL) ' Attest (Signature of bL 6rate Secretary) 0386.00310 - Bid Form 1 i ITEMIZED BID SCHEDULE 1 project Name : P . I .N. W. R. Upland Restoration sees Bidder Names 1 Business address : FAX Phone No .: No. . Date of. Qualification to do business is W 1 A Joint Venture (SEAL) Joint Venture Name: r 1 By' partner attach evidence of authority to sign) (Signature of joint venture p -- 1 Name (typed or printed ): Title: Business address: Phone No . : FAX No. . -- 1 (SEAL) Joint Venture Name : 1 By: (Signature — attach evidence of authority to sign) Name (typed or printed): 1 Title: Business address: Phone No. : FAX No" 1 Phone and FAX Number, and Address for receipt of official communications : w ' (Each joint venturor must sign . The manner of signing for each individual , partnership , and sees corporation that is a party to the joint venture should be in the manner indicated above . ) 1 -- 1 W ' * END OF SECTION 1sees 038540310 - Bid Foran ' Executed in 2 Counterparts SECTION 00430 - Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we (BIDDER'S NAME) ' Sitewerks Inc . as Principal, and United Fire & Casualty Company, (SURETY'S NAME) Iowa ' a corporation duly organized under the Laws of the State of Florida as a Surety with Its principal offices in the City of Cedar Rapids , Iowa and authorized to do business in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the ' OWNER) in the penal sum of Dollars ($ .s f lawful money of the United States, amounting to 5 % of the total bid price , for the payment of which sum well and truly be made, we bind ourselves, our heirs , executors , administrators , and successors , jointly and severally, firmly ' by these presents . Whereas said Principal is herewith submitting a Bid dated April 14 . 2004 for the construction of:* ' Project Name : P. I.N.W.R. Upland Restoration County Project Number. 0386 Project Address: 11325 Jungle Trail ' Vero Beach , Florida Project Description : Restoration of 158 acres of Citrus Groves back to its former Native Upland and Wetland Communities. ' NOW T IEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted. and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and material men, then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money, ' the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees, including appellate.proceedings, incurred by the OWNER if suit is brought hereon, but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees . - IN WTI-NESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 14th day of April . 2004 ; the name and corporate seal of each corporate ' parry being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body, ♦+ i»* r * » rr * trtrrrt *»* tt »t * ** rr >r** s ** » r» r* tt ***r » »ssr * rrt � rttrt » t * tt * t * * *« » **»r' » str* ♦ ' WHEN THE PRINCIPAL IS AN INDMDUAL : Signed, sealed and delivered in the presence of ' 00430 1 0386-00430 - Bid Bond . F:SgxwvinpC.�WbI Pro{se1=064aw m 106" UPIVA Rw*MVMVW&PWun RAV. NMI ' Witness Signature of Individual Address Printed Name of Individual Witness ' Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: ' Signed, sealed and delivered in the presence of: ' Witness Name of Partnership BY: Address Partner Printed Name of Partner ' Witness (SEAL) ' Address • #K ###iMMKM # i # K # #KKKMK # K # K# * KMKKKMMMMKKKM * MMMMK # # # # K#K* M * *KM # KMK # MMMMMMM **M # M +kMM * KKM WHEN THE PRINCIPAL. IS A PARTNERSHIP: ' Signed, sealed and delivered in the presence of: ' Witness Name of Partnership BY: Address Partner Printed Name of Partner ' Witness (SEAL) ' Address #**# # # M# KM ## # ; # Mdllll * # dldl161Y# ti #* M* # 41MIIIIIM1111KYI• IY *M # MIK* KM # MKKKKMKMII # # MK# KKK KM MMM* *# # M # # +kKK ' WHEN THE PRINCIPAL IS A CORPORATION: 0386-00430 • Bid Bond 00430 - 2 FSFneiry!ednelt.�rif. lPf*L1sW6%86•PRdgn ISISMUpend Re%lomllon1Q "Mean Wand -COM== 00CM0306-00430 - hid BoPd.dw Rev. 05M ' Attest: 'Ocrcky Name of Corporation Sitewerks , Inc . BY: (Affix ' Corporate SEAL) Printed Name &Oar ' Official Title V1( �e ' CERTIFICATE AS TO CORPORATE PRWCIPAL I JS.AF ,�j Ttr2 " , certify that I am the Secretary of the corporation named as Principal in the within bond; that MXF .8y44.wMAr. who signed the said bond on behalf of the Principal was then t10 Pitf.56 � T 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 goveming body. Secretary (SEAL) trttr � tstttttttttttt* tit** tttttt *rtttttttttttttttsta<srtttttttt • t• ttrrttttrstttttr< w ' TO BE EXECUTED BY CORPORATE SURETY: Attest: Se etary Susan L . Reich orporate Surety United Fire & Casualty Company ' 118 Second Avenue SE Business Address Cedar Rapids , Iowa 52401 BY: &9:4� 294 X u ' (Affix Corporate SEAL) Leslie M . Donahue ' (Attach Power of Attorney) "` Attorney-In-Fact & FL Licensed Resident Agent (407) 786-7770 Name of Local Agency ' Florida Surety Bonds , Inc. STATE OF FLORIDA Business Address ' COUNTY 0F MM 417 CenterPointe Cr. , Ste 1701 SEMINOLE Altamonte Springs , Florida 32701 Before me, a Notary Public, duly commissioned, qualified and acting, Personally appeared OD40386.00430 • Bid Bond F /Igt�dd1111QV.'piYl R'o1b+109K.hllfan WYfd UOrdnd NabnllOnWEO-PM=n IOWed .C,aWad Ooc"Waao4W • dd BWWAoe RW. "III 1 t ' Leslie M . Donahue . to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the United Fire & Casualty Company and that he has been authorized by ' United Fire & ** 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 14th day of April 20 04 ** Casualty Company ' Notary Public , State of Florida anet L . Carey ' My Commission Expires: 9/6/05 Any claims under this bond shall be addressed to : JANET L . CAREY Notary Public , Slate of Florida Name and address of Surety My comm . exp . Sept . 69 2005 United Fire & Casualty Company Comm . No , DD 055231 118 Second Avenue SE Cedar Rapids , Iowa 52401 Name and address of agent ' or representative in Florida Florida Surety Bonds , Inc. if different from above: 417 CenterPointe Cr. , Ste 1701 Altamonte Springs , Florida 32701 Telephone number of Surety and agent or representative in Florida : ( 319 ) 399 - 5700 (Surety) (407) 786 - 7770 (Agent) + + END OF SECTION + + 00430 . 4 0386.00430 - Bid Bond F&1Enp9ntsnrOKW aal Pn*Cts%03W-Peilon Island Wand Rentoro11on10 •oeYan Island -Gemmel 00=%03/600430 . Bid Rand.doe Rev. 05701 {` IJNiTED FIRF & SI VI G,IO M.IP AI, NY ' II a HOItIE (3FFICE CEDAR RAPIDS, IOttVI.A CERTtF[FD COPY bF ::P0WE QF :ATTQRIVEY . ( Original on file at Home Office of Company See Certification ) I.iIIt.II.L.e w��,LI.I%I'rIII..I0.:"I..s,:I:.,1rI.oa...I.I..IIILII.;.g.....:.%t::I...:_ CCN©It1I' ALL-"MEN BY THESE PRESIi=NTS; Tha# th'e UNITED FIRE & CASUALTY CO.:...Lr II',I,IIo'rrr.I I.4,4I,I:,..:rI.I.td.II I,I'.I W...,L..,I.I....,rt��I.IL S,..I I....IL.'I.I I.,.,.rrI.,L 1II:I I.I.I.II.jI".I,I I MPANY, aoorpotafitan #uly organized and existing uni~ier lire laws oft#le Stats of lows : and having r s,: principal of ice in Cedar Rapids , State of Iowa, does make, canstitti# and appoint; I,Ir_d.I:l4I'�,.I I.1:r.I I:..,l+L L:1'.L j,:.I'.:LI:.I i:.I,r II,..L,'II I,....I:I�,,,I:.I r.:II,..+:.:,f'II:V:.r I�I.I::I%.II.N II II III II IrE`zu`LLI; )VI : DI NAFlitE , 13R ; 12+T E . NIiI � OR JEFF&EY < W . RXXCH , ORS'US N k?$ iC$ r :.: OR TERESA 'L . ROBINSON , OR ATR IA L: . SLAfSGHTEFir OR J, : GR +dbRY+ MPiCKENZIE , : DR DEBORAH MAUL , ORi AIALTER N MYERSy `ALL INDIVIDUALLY of ALTAMONTE SPRINGS FL its #rue and ►awful Attorney{sj rn- Fact :with ower and authortt hereb ooriferred to ,Sin :seal and ec tem s > e ' P Y y . ex it b half all lawful bonds; undertakings' and other obirgatoTy instruments of s:irnilar natuteas follows . Any `and All ' bonds and t.. bind UNIT p I= 1RE I&I :GASUALTY COfVfPQIUY thereby as '#tally and to. the same extent as it such rri' truments were signed by the duly authisrazed officers of UNITED FIRE & CASUALTY 'COM#�ANY anti aII the acts ofs id Attorney , pursuant to the atfthonty hereby :given ` are hereby ratified and' .confirnled . .The Authority hereby granted is continuous and shall remain in full force and -effect until revoked ,by UNITED FIRE & GAsUALTY COMRAIY This ; power of A . r .... y rs m de si tl executed pursuant to and by authority of the following By Law duly adopted by Board :flf Directors o# the Company on Aprtl t>8 , 1973 "Artiole V Surety B, rids and Undertakings" II Section 2, Appaintrnent of Atforney4n4Fact. "The President or any Vice President, ar any other officer of the Company rriay, frim time to ;rrie, appoint : y written certificates attorneys-in-fact to act in behalf of the-Compahy . in the exer+tifion of :policies of,::, Ins urance, . bonds , •. uridertakings and other obligatory instruments -ofilikenature. The signature of any officer authorized-hereby, III and :the Corporate seal, may :be affiXed,°by facsimile toany power of a`ttorney, . or special '. power of attorney or certrfipation of- . sither a: . ' Irzed hereby, such signature and seal; when so .usetl being adopted by the Company as the ortgir al signature of such gfficer ar 'd tt a original seal of theLompany,`°to"be .valid and,bindingeupon'the Company;wlt'h the samefoCae arid':. I, as" .. hoGgh rr.. .. .; llaffixed Such attorneys'=in fad, , § ut>ject to #healimitations .setfiorth in their respective Gertificafes of ailtttonty:; shah; have full power to btncl the Company bytheir signature and .execution ;of any such anstrumehtS and to attach the seal of the Company thereto The Fresid f Lt' ny Vice. President, the Board of Directors or any other.; officer of the zimparry may cit anyrtime revoke alf ,pow01'and authority,;previously�oiven,to any attorney-m fact;';, 1MftA IN WITNESS WHgREOF the %`UNITEQ:�FIRE & CASUALTY~'COMPANY has caused these presents to be signed , by rts trice presiders# and its corporate seal:to be heieto affixed this 5th ' day of !March , 2003'? CO ... I 1 kt _ _ & ja UNITED+ IRE &'CASU ' MY COMPANY d••� . y Vice President State >of Iowa ,; Count of Linn, s #. ;; nn I _ oay ' o March , 2003 , lsefore me personally :casne : Rani9y A . Raimo to me known , vvho being by ine duly sworn, did depose and ay; that he resides in Cedar Rapids , State cif lowa ;'that hers a Vipe . :r . .. Ent of #tte UNITED FIf E & CASUALTY COMPANY, `the corporation described in and :which executed th ®above instrument, that #le knows lite seal of said corporation, that the seal . affixed to the said instrument is such corporate sea#; that It Wvas sq affixed pdrsuaht ' to authority given . by th6 Board of Directors :of said corporation and that he signed ` hrs name thereto put Gant to like author y, and acknowledges same to be the act and deed of said corporation. 1 .�. - ,r"' 1 .� r Notary Pui� lic MARY At JANSEN ivI . cornmissio ex i C"Ofllllk{ i �iJ iU to 71327 Y p 10/ 26/2004 �, ow MY C r . S IRES . I ,- the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of .: the Power of -Attorney o nd affi. davtt, ;and the copy` of the Se..ction of the by-,laws of said Company as set forth rn said Power bf Attorney, : with the ORIGINALS `ON FII:E IN THE . HOME OFFICE QF'SA1D Cf3IVIPANY, and #hat the same are correct transcripts t'hereof;>:and of the whale of the said originals , and that the said Power of Attorney has :not been revoked: 6h r is now rn full farce and .effect +"""M#81. In testimony whereof 1 have herei n#o subscribed; my b. me and `.affixeI #he: corporate seat of the said Company this.: - --- day of Ai r, 1p (1�} COaFOttT Ia 00 . :=rEEIL , .222 r . ' <. 'iw/ai�uri►``" I1.II I1 I.LIIr.t rL j : SecrQtary CJTD386B ' 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 sworn statement Is submitted with Project No. 0386 for the Pelican Island National Wildlife Refuge Upland Restoration Project. ' 2. This swom statement is submitted by Sitewerks , Inc. whose business address is 4045 43rd Ave. - vero beaCh, FL 32960 and (if applicable) its Federal Identification No,(FEIN) is . If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement, 3 . My name is Jeff Brewster and my relationship to the entity named ' above is vim orresident_ 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 ' a plea of guilty or nolo contendere . _ 6 . 1 understand that an "affiliate" as defined in Paragraph 287 . 133(I)(a), Florida Statutes , means : a . A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term "affiliate" includes those officers , directors , executives , partners, shareholders , employees, members and agents who are active in the management of an affiliate. The Ownership by one person of shares constituting a controlling interest in another person , or a pooling of equipment or income among persons when not for fair market value under an 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(1 )(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. not RF., nnArm . n. . hI; .. MM;44 . N .: ... ,. ., afr .a .. . .0 8 . Based on information and belief, the statement which I have to the entity submitting this sworn statement. (Please indicate which statement appis les) in relation X ' Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity ' crime subsequent to July 1 , 19896 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, or an affiliate of the entity has been charged with, and convicted of, a public entity crime subsequent to July 1, 1989, and (Please indicate which additional statement applies) -- There has been a proceeding concerning the conviction before a hearingofficer of the State of Florida , Division of Administrative Hearings . The final order entered y the hearing " officer did not place the person or affiliate on the convicted vendor tist. (Piease attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a w ' 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 riding with , the Department of General Services ) Signature : Date : April 14 , 2004 Y STATE OF Florida COUNTY OF ' Personally appeared before me , the undersigned authority, Jeff Brewster who after first bein�gpnsworn by me , affixed his/her si nature in the space provided above on this 4l day of 20� ' Notary Public, State at large �. My Commission Expires: ' BRONDA GIAM TTEI NOTARY COMMISSION / DD2758 PUBLIC tArE sEXPIRES JUL 30 2004 ' axcair WDeo N A&�ANTAOE N01ANMARY ' ' * END OF SECTION 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 Contract No. 0386 for the Pelican Island National Wildlife Refuge Upland Restoration , ' 1 . This sworn statement is submitted by: Sitewerks , Inc . �- (Name of end submhdn swom statement) whose business address *S : 4045 43rd Ave. - Vero Beach , FL 3296 ' ... ( if applicable) its Federal Employer Identification Number (FEIN) is and ( If the entity has no FEIN , include the Social Security Number of the individual signing this ' sworn statement ) . 2. My name is Jeff Brewster ' (Pease Exmt name Vice President , and my relationship to the entity named above is 3 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means . The term "affillate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management ' of the entity. — 4. 1 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, father4n-law, mother-in- law, daughter4n-law, son-in-law, brother-in-law, 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 .] X 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 V n management of the entity have the following relationships with a County Commissioner or County employee: t ` 1 ' Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 N/A 20 034 4 . r✓ S 6 . 7 . 8 . 1 v -- ' (signature) April 14 , 2004 ' (date) STATE OF Florida ' COUNTY OF Inaian River Personally appeared before me, the undersigned authority, Jeff Brewster -' ' who h after first being symm by me , affixed his/her s�Iature in the space provided above on this rN day of , 20 <Xlry Public, State at large My Commission Expires: BRONDA GIAN TTEI ' COMM15510N DD2756 Pustc EXPIRES 1UL 90 200A srArecli gpHpEpTlfitoUt�M FWROVA ADVAWAC� NWARY ,r ' • * END OF SECTION SECTION 08454 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 Swam Statement Is submitted with Project No. 0386 for the Pelican Island National �- Wildlife Refuge Upland Restoration Project. 2 . This Swam Statement is submitted by Sitewerks , Inc. (Legal Name of Entity submitting swam Statement) TThh BIDOER's address is h rd Ave . Pero%each , FL 3190 BIDDER's Federal Employer Identification Number ( FEIN ) Is 3 . My name is Jeff Brewster and my relationship to the BIDDER nt of individual cloning) is vice PresiTeh ""e (Position or Title) I certify , through my signature at the end of this Swam Statement, that I am an i 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.sea . Florida Statutes and 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 and agrees to indemnify, defend and hold harmless ' the OWNER and ENGINEER, and any of their agents or employees, from any claims arising from the failure of the BIDDER to identify applicable standards or to comply with said standards. As specific consideration for the indemnification above , the OWNER agrees to give the BIDDER twenty-five dollars ($25. 00) , which the OWNER agrees is paid on behalf of all parties indemnified hereinabove . 6 . The BIDDER has allocated and included in its bid the total amount of $ 0 t 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: N/A 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 . 7) The BIDDER has allocated and included in its bid the total amount of $ 0 ' based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project: The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the 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 rcharacteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: Sitewerks , Inc. By. Position or Vice President Title: ' Date: April 14; 2004 STATE OF Florida -- ' COUNTY OFI so Personally appeared before me , the undersigned authority, Jeff Brewster v�F�ghafter first beiqrm by me , affixed his/her sl9pature in the space provided above on this t day of P r ' Notary Public, State at large My Commission Expires : -- BRONDA GIAMMATfEI * ' END OF SECTION * " ' NOTapv COMMISSION # 002758 rustic EXPIRES JUL 30 2004 STATEQF BONDED THROUGH FlOAl04 ADVANTAGE NOTARY ,,. SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- ' RESPONSIBLE BIDDERS. 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 : 0386 Project Name: Pelican Island National Wildlife Refuge Upland Restoration 1 . Bidd r N / Addres ; Sitewerks , Inc. �iDSr� Avenue 2. Bidder's Telephone & FAX Numbers : Phone : (772) 564-8281 Fax: (772) 3 . Licensing and Corporate Status : a . is Contractor License current? Yes b. Bidders Contractor License No: U [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 fall officers. J 4 . Number of years the firm has performed business as a Contractor in , construction work of the type involved in this contract: 3 5. W atIt i? the��stcRrgLTcats?F TH85 Hall NATURE that the firm has completed ? rk 6 . Has the firm ever failed to complete work awarded to you? No ' [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 accessed liquidated damages? No ' [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 accessed .] ' 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations? No ' [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 r� r e% ., ifth „ reNtArt 7n whir+ rVCHA violations were aliened . t ' t 90 Hass the firm ever been charged with noncompliance of any public policy or rules?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.] ' 10. Attach , to this questionnaire , a notarized financial statement and other information that documents the firm's financial strength and history. t11 . Has the firm ever defaulted on any of its projects? No [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 .] t 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 . 13 . Name of person who Inspected the site of the proposed work for the firm: _ . Name : Jeff Brewster Date of Inspections : April 13 , 2004 14 . Name of on-site Project Foreman : Jerry Hensley -- Number of years of experience with similar projects as a Project Foreman: 15 Years ' 15. Name of Project Manager: John Sanders Number of years of experience with similar projects as a Project Manager. 10 Years -- ' [The remainder of this page was left blank intentionally] ualifier Certification Information R2307 Qualifier Certification Information CERT NBR : 11720 QUALIFIER : 11720 JEFF BREWSTER ' CLASS CODE : 9680 EXCAVATING CONTRACTOR ( ALSO EARTHWORK ) STATE NBR : COUNTY COMP CARD : 11720 ' STATE EXP LIAB EXP WC EXP ORIG ISSD RENEWAL EXPIRES 2 / 4 / 2004 2 / 4 / 2004 2 / 13 / 2002 7 / 31 / 2004 ' DBA : SITEWERKS , INC . WC EXEMPT : N OL EXEMPT : N ADDRESS : 4045 - 43RD AVENUE ' CITY : VERO BEACH FL 32960 - PHONE : ( 772 ) 564 - 82 80 FAX : 140TE : This competency card., . issued by the Indian River County / City of Vero Beach Building Department , uthorizes work' for ' the class code stated , For the unincorporated areas of Indian River County and he City of Vero` 'Beach , 'only . It does not ` authorize work for the City of Sebastian , Indian River hores , Town of Orchid , --. or - tpa City. wvf '.Fe1 . smerej : °,. ;� : It is the contractor ' s responsibility 't4gmai ntain , .this card in a current status by providing ertificates of Insurance , current address and telephone number information , and renewing this card nnually as required . ` Indian River County Contractor Licensing _ 1840 25th Street;.Vero Beach ,, F, L 32960 pop (561 ) 567.8000 Ext, 288 EXCAVATING CONTRACTOR (ALSO EARTHWORK) Cert Nbr:.11720 Exp :7/3112004 Status :ACTIVE - - State Nbr: Exp : SITEWERKS , INC . JEFF BREWSTER 4045 ,, 43RD AVENUE JERO BEACH F 32 S*id* : EN � r � � � I � I � l � I � I � t � [ � I � t tl•i lid Il• Il• tlr r l� � 16 - Complete the following table for SIMILAR projects: r Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount Sebastian City Hall & Current City of Sebastian Rob Fish 561 -832161 573 , 365 . 00 478 , 869 . 89 Park Covey Run Current Bob Bird Bob Bird 772-569-9655 601000 .00 601000 . 00 Clark s ner 400,427 . 00 400 ,427 . 00 Pineapple Cay Current Clark Gerstner 321 -953-8350 Current Darrel Shafranski 62 , 245 . 00 62 , 245 .00 Mid-State Mechanical 772-569-5862 Nell FIOCKenhuli Davis St. Current Neil Hockenhull 772-563-9692 1141144 . 00 1141144 . 00 BCM Storage I Current Marvin Klein Marvin Klein 772-231 - 1743 32 , 394 . 00 32 , 394 . 00 Avalon Current Steve Smith Steve Smith 772-562-3715 88 , 000. 00 889000 . 00 David A . Farrow Current David Farrow David Farrow 1239974 .00 1239974 . 00561 -394-5396 evinac i aims 671207 . 00 62 , 207 .00 14th Avenue c65+1 Current Kevin MacWilliam 772-564-6112 4 f t 0386-00456 - ouaiHications Questionnaire 00456 . 1 F;,Engnearw4C�Ola1 Ptojea5'-0396•Pelrwn Wand Upland ReslwadonN038&PNrcan Wand -Conlracl DocsW396-00456 • Qwlfications OueStiomWe.doe Rev. OSMI [NOTE: If requested by the County, the Bidder shall famish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contrac 1 By: y ice President (Signature) -, (Position or Title ) W April 14 , 2004 ' ( Date ) -� * * END OF SECTION ..W 1 J SECTION 00458 - List of Subcontractors The Bidder 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 of Competency. Documentation .Submitted with Project No . 0386 for P . I . N .W . R. Upland Restoration . Work to be Performed Subcontractors Name/Address 1 At Time of Bid All In-House -- 2. i 3 . 4 . 5 . 6 7 . 8 . 9 . — 10 . 12 . 13 . 14. — 15 . 17 . Note : Attach additional sheets if required . * * END OF SECTION y ' BOARD OF COUNTY COMMISSIONERS g1VE�p z May 4 , 2004 VIA OVERNIGHT DELIVERY Mr. Jeff Brewster, Sitewerks, Inc . 404543 d Avenue Vero Beach, FL 32960 ' NOTICE OF AWARD Reference : Indian River County Bid # 6064 National Wildlife Refuge Upland Restoration tDear Mr. Jeff Brewster, I am pleased to inform you that on May 4 , 2004, the Board of County Commissioners awarded the above referenced project to your company . The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 125 % of the contract amount. ($ 614 , 895 . 79) 2 . Payment Bond in the amount of 100 % of the contract amount. ($491 , 916 . 63 ) ' 3 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 1 In accordance with section 255 . 05 ( 1 )(a) , Florida Statutes , you are required to execute and record a Performance Bond and a Payment Bond for the above referenced project. The fee schedule at the Recording Office of the Clerk of the Court is as follows : • $ 6 . 00 for the first page • $4 . 50 for each additional page and/or exhibit • Two sided copy will be charged as two exhibits Please submit the Bonds and the Certificate of Insurance to the address provided below along with a check made payable to J . K. Barton, Clerk of the Court for recording fees to this office no later than May 17, 2004 . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. ' In addition, enclosed are two copies of the Agreement. Please execute both copies and return them together with the required bonds and Certificate of Insurance to me . Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office . ' Sincerely, ' Fran Powell, Purchasing Manager cc : Michelle Gentile, Engineering General Services Department • Purchasing Division 2625 19`h Avenue Vero Beach , Florida 32960-3335• (772) 567-8000 Ext. 1416• Fax : (772) 770-5140 E-mail : purchasing @ircgov.com ' SECTION 00520 - Agreement ( Public Works ) ' 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 SITEWERKS . INC . ( hereinafter called CONTRACTOR) . ' OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ' ARTICLE 1 = WORK 1 . 01 The Contractor shall be responsible for providing all equipment , material , and labor necessary to complete the proposed upland restoration activities . This work will include clearing to remove the existing vegetation and grove . Erosion and turbidity control measures will be installed per permit conditions ; surveying to identify the desired finished grades ; excavation and fill to re-establish natural grades ; construction of wetland features ( Empheral ponds ) ; and filling of drainage ditches ; planting of desirable native vegetation and installation of an irrigation system in areas of planted material . The Contractor will coordinate all of his/her work with the IRC Engineering Division , Christopher J . Kafer, Jr. , P . E . , County Engineer, Michelle Gentile , C . E . T . , Civil Engineer (772 ) 567-8000 extension 1221 & 1280 and Manager of Pelican Island National Wildlife Refuge , Paul Tritaik (772 ) 562-3909 ext. 244 . ' 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 : P . I . N . W . R . Upland Restoration County Project Number: 0386 Project Address : Pelican Island National Wildlife Refuge 11325 Jungle Trail Vero Beach , Florida 32968 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 . 0386-00520 - Agreement (Public Works) 00520 - 2 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 4 . 02 Days to Achieve Substantial Completion and Final Payment Y P Y A. The Work will be substantially completed on or before the 90th 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 14 . 07 of the General Conditions on or before the 105th day after the date when the Contract Times commence to run . ' 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 or arbitration 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 , 288 . 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 , 288 . 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 . 13 , 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: $491 , 916 . 63 Written Amount : ' Four hundred and ninety-one thousand , nine hundred and sixteen dollars and sixty-three 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 . 0386-00520 - Agreement (Public Works) 00520 - 3 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 ' 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 ' 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 tother 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 and (2 ) reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been 0386-00520 - Agreement (Public Works) 00520 - 4 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions (3 ) also including any and all old Soil Test Permits . ' E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so ) all additional 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 . ' 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 . ' 0386-00520 - Agreement (Public Works ) 00520 - 5 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 ' 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- 11 , 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 through 10 , inclusive , with each sheet bearing the following general title : Pelican Island NWR ; 8 . Addenda ( numbers N/A to N/A, inclusive ) ; ' 9 . Exhibits to this Agreement (enumerated as follows ) : ' a . Notice to Proceed (page 11550- 1 , inclusive ) ; b . CONTRACTOR's Bid ( pages 00310- 1 to 00310-9 , inclusive ) ; ' c. Documentation submitted by CONTRACTOR prior to Notice of Award ( pages 00510A to 00510-3 , inclusive ) ; d . Statement of Public Entity Crime Award ( pages 00450- 1 to 00450-2 , inclusive ) ; e . Sworn Statement Under the Florida Trench Safety Act (pages 00454- 1 to 00454-2 inclusive ) ; f. Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452- 1 to 00452-2 , inclusive ) ; 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 ) . 11 , Contractor's Final Certification of the Work (page 00632- 1 of the Specifications ) . ' 0386-00520 - Agreement (Public Works ) 00520 - 6 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 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 . 05 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 . ' 10 . 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 . t10 . 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 . 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 t 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] t 0386-00520 - Agreement (Public Works) 00520 - 7 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 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 May 4 , 2004 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : ' INDIAN RIVER COUNTY SITEWERKSt INC ' Caroline D . Ginn , Ch9irman ( Contractor) Vr By : } d (CORPORATE SEAL ) seph Vk. Baird , County Administrator Atte 0000 �f APPROVED AS TO F M LEGAL SUFF I By. Li - �VmI Colli , Cou Attorney Address for giving notices : 404543rdAvenue Vero Beach , FL 32960 Jeffrey K. Barton , Clerk of Court License No . 11720 Attest : (Where applicable ) Deputy Clerk ' (SEAL) Agent for service of process : Designated Representative : Name : Michelle A . Gentile , C . E . T. Designated Representative : Title : Civil Engineer Name : Teff RrpwGtPr 1840 25th Street Title : Vice President ' Vero Beach , Florida 32960 Address : 4045 43rd Avenue (772 ) 567-8000 , ext. 1280 Vero Beach , FL 32960 Facsimile : (772) 778-9391 Phone : ( 772 ) 564 - 8281 ' Facsimile : ( 779 ) 962 . 277oi ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) i * * END OF SECTION ' 0386-00520 - Agreement (Public Works) 00520 - 8 F:\Engineedng\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00520 - Agreement (Public Works).doc Rev. 05/01 SITEWIEMCS I�1TC. ' MINUTES OF A. SPECIAL CALLED MEL'I`IN(} OF ' STOCKHOLDERS AND DIRECTORS OF SPIEWERKS, INC. The sharohoWecs of the corporation met Fe Bi+�'Wstei', Vice pres'&M4bre' Z6, 2002 foz the purpose ofauthorizing letF Secretary, adTreasurer, of Showerks. Inc., to execute any and all contractsPeai *►$ to the business operations of S�tewerks, Inc.. Y1tere hero$ ao f>ttiha business to come before said mining on motion duly made, seconded, and carried, the meeting was adjourned. Dirrcttir and P�ncaident — Tmwy ti �W3 ,3 Avsaw - Ve'o BMdy PL jam PMaa M 0 ttx 7n 561.1773 r + � �tIVE�p Board of County Commissioners ' A 1840 25th Street Nero Beach, Florida 32960-3365 Telephone: (561) 5674000 1 May S , 2004 ' CERTIFIED MAIL Mr. John Sanders ' Sitewerks , Inc . 404043 d Avenue Vero Beach, FL 32960 rSubject : Pelican Island National Wildlife Refuge Phase 1 -A IRC Project No . 0386, Bid No . 6064 Dear Mr. Sanders : ' This letter is your "Notice To Proceed" as outlined under the terms of the Contract entered into between yourself and the Indian River County Board of County Commissioners for the above Contract. Please note the Contract has allocated NINETY (90) calendar days for the completion of the project. We will begin counting days for this contract on May 10, 2004 per the General ' Conditions . Completion of work will be on or before August 7, 2004. ' Your contact for the county for this project will be Michelle A. Gentile, CET, Civil Engineer. If you have any questions, please call me at (772) 567 - 8000 extension 1280 . Sincerely, Michelle A. Gentile , CET Civil Engineer MAG/1m cc : Christopher J . Kafer, Jr., P .E. , County Engineer ' James W. Davis , P .E., Public Works Director D . E . Howard, Jr. , Construction Coordination Manager ' Mark Graham, USFWS Fran Boynton-Powell, Manager, Purchasing Division Brad Smith Associates , Inc . ' FILE FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386 Notice to Proceed-Sitewerks-05-05-04-mag.doc 1 ' THE AMERICAN INSTITUTE OF ARCHITECTS ' HIS D0 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL ' BK : 1726 PGA590 , Pagel of 6 05/05/2004 at 09 : 38 AM , JEFFREY K BARTON, CLERK OF ' Bond No. : 54447115 COURT Executed in 3 Counterparts ' AIA Document A311 Performance Bond ' KNOW ALL MEN BY THESE PRESENTS : that Sitewerks, Inc. (Here insert full name and address or legal title of Contractor) ' 4045 43rd Avenue, Vero Beach, FL 32960 (772) 564-8281 as Principal , hereinafter called Contractor, and , ' United Fire & Casualty Company (Here insert full name and address or legal title of Surety) 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto ' Indian River County, Florida (Here insert full name and address or legal title of Owner) 2625 19th Avenue, Vero Beach, FL 32960 (772) 567-8000 ' as Obligee , hereinafter called Owner, in the amount of Six Hundred Fourteen Thousand, Eight Hundred Ninety-Five and 79/100----- Dollars ( -----$ 614,895.79--- ) , for the payment whereof Contractor and Surety bind themselves , their heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . ' WHEREAS , Contractor has by written agreement dated 5 / 4 / 04 entered into a contract with Owner for ' (Here insert full name and address and description of project) County Project Number : 0386, P.I.N.W.R. Upland Restoration, Pelican Island National Wildlife Refuge, 11325 Jungle Trail, Vero Beach, Florida in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Indian River County Public Works Department, Engineer ' which contract is by reference made a part hereof, and is hereinafter referred to as the Contract . ' AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - • AIA ® 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. , N .W . , WASHINGTON, D .C. 20006 006 417 CenterPointe Circle, Suite 1701 $ RETy 40 Altamonte Springs, FL 32701 Nds INC . (407) 786-7770 ' PERFORMANCE BOND ' NOW , THEREFORE , THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect. ' The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph ) sufficient funds to pay the cost of completion less the balance of the contract price ; ' Whenever Contractor shall be , and declared by Owner but not exceeding , including other costs and damages to be in default under the Contract, the Owner having performed for which the Surety may be liable hereunder, the amount Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price ," as used in this paragraph , shall mean ' the total amount payable by Owner to Contractor 1 ) Complete the Contract in accordance with its terms under the Contract and any amendments thereto , less and conditions , or the amount properly paid by Owner to Contractor. ' 2 ) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions , and upon de- the expiration of two (2 ) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due . or, if the Owner elects , upon determination by the ' Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and Owner, the use of any person or corporation other than the and make available as Work progresses (even Owner named herein or the heirs , executors , adminis- ' though there should be a default or a succession of trators or successors of the Owner. ' THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME , NOTICE AND OTHER LIMITATIONS OF SECTION 255 . 05 OR SECTION 713 . 23 , FLORIDA STATUTES , WHICHEVER IS APPLICABLE , ARE INCORPORATED HEREIN BY REFERENCE . ' THE ATTACHED TERRORISM RIDER FORMS AND BECOMES A PART OF THIS BOND . ' Signed and sealed this day of ' Sitewerks, Inc . /A� Zoa . (Princ (Seal) ' (Witness) vice Pass ►ur„cr ' (Title) United Fire & Casualty Company ' (Surety) 44 " ` ' . , (ueal) • lade a P P ' (Wifnes SUL A Leslie M . Donahue, (Title) Attorney-iryFact<' :) , ; ; U ? Florida Licensed Resident Agent Inquiries: (407) 786- 7770 ' AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND, • AIA ® 2 FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N .Y. AVE. , N .W. , WASHINGTON, D. C. 20006 ' THE AMERICAN INSTITUTE OF ARCHITECTS Bond No . , 54447115 Executed in 3 Counterparts AIA Document A311 L ' abor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS : that (Here insert full name and address or legal title of Contractor) Sitewerks, Inc. 4045 43rd Avenue, Vero Beach, FL 32960 (772) 564-8281 as Principal , hereinafter called Principal , and , United Fire & Casualty Company (Here insert full name and address or legal title of Surety) 118 Second Avenue SE , Cedar Rapids, IA 52401 (319) 399-5700 as Surety , hereinafter called Surety, are held and firmly bound unto Indian River County, Florida (Here insert full name and address or legal title of Owner) 2625 19th Avenue, Vero Beach , FL 32960 (772) 567-8000 as Obligee , hereinafter called Owner, for the use and benefit of claimants as herein below defined , in the amount of Four Hundred Ninety-One Thousand Nine Hundred Sixteen and 63/100 ( Here insert a sum equal to at least one-half of the contract price ) Dollars ( ---$4919916 .63---- ) , for the payment whereof Principal and Surety bind themselves , their heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . ' WHEREAS , ' Principal has by written agreement dated 5T4T0 4 , entered into a contract with Owner for (Here insert full name and address and description of project) County Project Number : 0386, P.I.N.W.R. Upland Restoration, Pelican Island National Wildlife Refuge, 11325 Jungle Trail, Vero Beach, Florida in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) ' Indian River County Public Works Department, Engineer which contract is by reference made a part hereof, and is hereinafter referred to as the Contract . AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND * • AIA 0 3 FEBRUARY 1970 ED . • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N .Y. AVE. , N.W., WASHINGTON, D .C. 20006 ~ ORIdA 417 CenterPointe Circle, Suite 1701 RETy Altamonte Springs, FL 32701 Nd5 INC , (407) 786-7770 ' LABOR AND MATERIAL PAYMENT BOND NOW , THEREFORE , THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all ' claimants as hereinafter defined , for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void ; otherwise it shall remain in full force and effect, subject , however, to the fol- lowing conditions : ' 1 . A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished , or for whom Principal for labor, material , or both , used or reasonably the work or labor was done or performed . Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail or ' labor and material being construed to include that part of certified mail , postage prepaid , in an envelope ad- water, gas , power, light, heat, oil gasoline , telephone dressed to the Principal , Owner or Surety , at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business , or served in any manner in which ' legal process may be served in the state in which the 2 . The above named Principal and Surety hereby aforesaid project is located , save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined , who has not been paid in full before the expiration of a period of ninety (90) b) After the expiration of one ( 1 ) year following the days after the date on which the last of such claimant's date on which Principal ceased Work on said Contract, work or labor was done or performed , or materials were it being understood , however, that if any limitation em- furnished by such claimant, may sue on this bond for bodied in this bond is prohibited by any law controlling the use of such claimant, prosecute the suit to final the construction hereof such limitation shall be deemed ' judgment for such sum or sums as may be justly due to be amended so as to be equal to the minimum period claimant, and have execution thereon . The Owner shall of limitation permitted by such law. not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3 . No suit or action shall be commenced hereunder by situated , or in the United States District Court for the any claimant: district in which the Project, or any part thereof, is sit- uated , and not elsewhere . ' a) Unless claimant, other than one having a direct contract with the Principal , shall have given written 4 . The amount of this bond shall be reduced by and to notice to any two of the following : The Principal , the the extent of any payment or payments made in good Owner, or the surety above named , within ninety (90 ) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of the mechanics' liens which may be filed of record against work or labor, or furnished the last of the materials for said improvement , whether or not claim for the amount which said claim is made , stating with substantial of such lien be presented under and against this bond . THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME , NOTICE AND OTHER ' LIMITATIONS OF SECTION 255 . 05 OR SECTION 713 . 23 , FLORIDA STATUTES , WHICHEVER IS APPLICABLE , ARE INCORPORATED HEREIN BY REFERENCE . THE ATTACHED TERRORISM RIDER FORMS AND BECOMES A PART OF THIS BOND . Signed and sealed this day of Sitewerks, Inc . JOY ' (Prin rib aI) (Seal) J ( itness) Vic-lei Paas U> su� (Title) United Fire & Casualty Company (Surety) VG (Witness) CL ' Leslie M . Donahue , (Title) Attorney in- act &! j ` Florida Licensed Resident Agent Inquiries: (407) 78& 7770 ' AIA DOCUMENT A311 * PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND* * AIA ® 4 FEBRUARY 1970 ED. * THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N .Y. AVE. , N .W. , WASHINGTON, D .C. 20006 United Fire Group ' Fidelity & Surety Department POLICYHOLDER DISCLOSURE ' NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS ' You should know that, effective November 26 , 2002 , any losses sustained by the surety ' caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula , the United States pays 90 % of covered terrorism losses exceeding the statutorily established ' deductible paid by the surety providing the coverage . The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0 .00 . Before any charges are ' added for terrorism coverage in future surety products you purchase , you will be able to make a coverage election for a then specified premium charge . ' The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. ' HOME OFFICE: 118 Second Ave, SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - ' CEDAR RAPIDS , .':IOWA CERTIFIED COPY QF :pOWER OF. ATTORfVEY ( Original on file at Home Office of Company - See Certification ) KNOW ALL MEN BY `THESE PRESENTS, That the. UNITED FIRE & CASUALTYCOMPANY, a ;corporation duly organized and existing under the laws of the State of Iowa, :and having its principal office ,: n Cedar Rapids, State of Iowa; does'.make, ,constitute and appoint LESLIE Mr DONAHUE, �RR 'KIM E : , NIV , 'flR JEFFREY W . . REICH , OR SUSAN L . REICH , OR TERESA L . ROBINSON , OR PATRICIA L . SLAUGHTER , OR J . GREGORY MACKENZIE , ,OR DEBORAH MAHL , OR : LJALTER N . . MYERS , ; 'ALL INDIVIDUALLY of ALTAMONTE SPRINGS FL ' . ;its true and lawful Attorneys )-in-Fact with power 'and authority hereby conferred to sign, seal, and execute in its behalf all lawful bonds, undertakings and other. obligatory Instruments of similar nature: as follows:`' Any and Al'1 Bonds and to bind UNITED FIfE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized. officers of UNITED FIRE & CASUALTY COMPANY and all' the acts of said Attorne , pursuant to the authority hereb given are hereby ratified and conflmied . Y Y Y ' The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & ' CASUALTY COMPANY This power of Attorney is made and executed pursuant to and by authority of the following By-Lawl duly adopted by Board of 'Directors of the Company on, April 18 , 1973. "Article V » surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact "The President or any Vice` President, or any other officer of the Company 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. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used , being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the some force and effect as though manually affixed . Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority ; shall have IN 11 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 Vice President, the Board of Directors or any other officer of the Company may at ' any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by tts vice president and its corporate seal to be hereto affixed this 5th day of March , 2003 coll►otµt UNITED FIRE & CASUALTY COMPANY 1tf1L ��F By � Vice President State of; lowa; County of Linn; ss: _ ' On 5th day of March , 2003 , before me personally came Randy A . Ramlo to me known , who being by me duly sworn , did depose and say; that he resides in Cedar Rapids , State of Iowa ;: that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that ' he knows the seal of sand cLL.orporation,, 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 sighed his name thereto purslLant to like author" , and acknowledges same to be the act and deed of said corporation . ' - -�"— Notary Public *"'" � .,. MANY A. JANSEN com, I ^n NUM8EN .7132T3 My comrr issio exp s : 10/26/2004 MY ePM I , the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of: Attorneyrand affidavit, and the copy: of the Section of the by-laws of said Company as set forth in said Power .of Attorney;:,. with -the ORIGINAL`S ON MLE .IN THE . HOME :OFFICE OF SAID COMPANY, and that the :Same are correct transcripts „the reof; and of «rfi whole o tf�e saidXoriginals, and that the said Power of Attorney has not been revoked : ' nd is now in full force and effect. """r�. ' :; 1n test irfiony whereof I have hereunto subscribed limy name and affixed the corporate seal of:the said Company this _ day of Malt 2Qaa , R r tr M N Tk L ' Secreta ry "L KVV ” . : . , . _UND3286B km : Linda Allen At: Florida Insurance Center inc o KarenFax * : (813.1 , 54- 3450 Cate: 51141 : 2 : 17 P %l Page 2 ir, _ CERTIFICATE 4F LIABILITY INSURANCE OPn LAj °ArzlMrZO YYV " SITEWI l 05 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Florida Insurance Center , Inc . HOLDER , THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 414 N . Alexander Street ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW, Plant City FL 33563 ' Phone : 813 - 754 - 3561 Eax : 813 - 764 - 8402 � INSURERS AFFORDING COVERAGE NAZCA INSURED Westfield Insurance company _ 24112 � Nc1 AnCorrIp Preferred Ins Co . _ Sitewerks Inc . � N`'cP � '= Auto Owners Insurance Co 98 18 4095 43rd Avenue ` -- --- -- — - — --898-a 8 Vero Beach FL 32960 F--; 15_r!R.F E --t----- --- -- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCVE FOR THE POLICY PER OD INDICATED. NOTVNITHSTANDPJ 3 ' ANY REOUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO AJHICH THIS CERTIFICATE MAY BE ISSUED OR — WAY PERTAIN , THE INSURANCE AFFORDED BY THE POVCIES DESCRIBED "EREIN IS SUBJECT TO ALI. THE TERMS, EKCLUSICNS AND CONDITICNS OF SUCH POLICIES AGGREGATE LfdITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . - LRY E tv F-K.I -FzF Ei� H '_TR INARD TYPE Of INBI;RANCE I POLICY NUMBER DATE 1MMT7U:YY I DATE MMMD.YY� VM:TS IrQ1pERA. LLABILITv I I Efl Co", lPrEll 2 = 1 , 000 , 000 _ ' A S E I `tM6-IEPCiALiE11ERi,_ LiA5IIj7Y CWP3995394 -E--- �— - t - — 02 / 04 / 04 1 02 / 04 / 05 _. �•_ 1 c . Len- s 100 , 000 1 _ —J JLAI4ll 'MGE $ D'CCUR t 3 5 , 000 I I IeC xP � L1^r '. • iW LY 1 Owner /Cont Prot . 1 , 000 , 000 L—� — f7ENFGw . R, _A'E S 2 , 000 , 000 — ' I ,iEh L AOC+F20ATE LJAI i AFPLE9 �F i i --_— . _ _ ------ . _. !•—� 1� Pur_UL:: 19 _ _t.vc . .v ,y(Ur t 14000 000 U4i JE7r LOC' 1 ' AJTO!'IOE1l.E '.UiBL1TY ' � I rnF184dEO ST:Ci�E .I'r ' I C Z C E1 Apt Al;ro 43 - 653 - 787 - 00 i 05 / 08 / 04 05 / 08 / 05 ='° 1p''e1'' 1 , OQO , 000 Z .-1 � flint..•.. T !F+r I d t l a ALT05 _ — I {Per d:-Y rc; r� r- IrPo=�= , GARAGE LNIBILITY `_�----_--- u fC % - r .':EN- 5 _— J� r LE (CIS"MBRELLA LIABILITY C'� F• F _'f �— DEbUCTPLE I i 14 I RETFe.> _ H I S —T WORKERS COMPENSAr.ON AND J — Z tris EF _ ' EMPLOYERS IIABIIITY B _�— --- - _--_ WC77030440 02 / 04 / 04 02 / 04 / 05 E r1 i 1000Q0 fie . "'rrE 05p �:cu!t>E' ^ I r - - -- -! — i EL D3EA.yE E. . FA,p _ EE - 100000 n 'ret . deerre unuel 1. __ _ _ _. _ _ sPe: �L >-.o':F.ar 0e art ! FL DSEASE = :LC L41IT is 500000 OTHER — ' A Equip Floater ICWP3995994 02 / 04 / 04 1 02 / 04 / 05 j gaximum $ 300 , 000 Leased or Rented I I I Dad $ 500 DEFCR:PTICN OF OPERATIONS ' LOCATIONS,' VEHICLEV E%CWSIONS ADDED BV ENDORSEMENT : SPEGAL PRO VISIONS Indian River County is named as additional insured with respects to General ' & Automobile liability . ' CERTIFICATE HOLDER CANCELLATION INDIANR SHOULD ANY OF TME ABOVE DESCRIBED POLICIFB BE CANCELLED BEFORE THF ExFIRATTON CATS THEREOF. THE IttI;INO INSURER WILL ENDEAVOR TO MAL 30 DA�t WRTTTEH ' Indian River County NOTICE TO TME CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALLRE TO DO SO SHALL 1840 25th Street IMPOSE NO DELIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, US AGENTS OR Vero Beach FL 32960 REPREBENTA'NFt. AVT ED FMEtENTATIV ' ACORO 25 (2001 (08) 1ACORD CORPORATION 1988 ' 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 : P . I . N . W . R Upland Restoration . Project : #0386 . ' OWNER's Contract No . ENGINEER's Contract No . ENGINEER ' 1 . Original Contract 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 : $ ( 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 ) : 5 . b 20 % of stored equipment and material ( 0 . 20 x 4 . c) : 1 $ 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) : 0386-00622 - Contractor's Application for Payment ' 00622 - 1 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00622 - Contractor's Application for Payment.doc Rev. 05/01 ' CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR' ' legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; (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 No . 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: rState of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : 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 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 : 0386-00622 - Contractor's Application for Payment 00622 - 2 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00622 - Contractor's Application for Payment.doc Rev. 05/01 SECTION 00630 - Certificate of Substantial Completion ' Date of Issuance : 20 OWNER : Indian River Countv CONTRACTOR , Contract : P__Pliran Island National Wildlife Rafe UTland Rastnration ' Project : #0386 OWNER's Contract No . ENGINEER's Project No . CONTACT FOR : ( Insert Name of Contract as it appears in the Bid Documents ) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To * OWNER rAnd 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 . ' 0386-00630 - Certificate of Substantial Completion 00630 - 1 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386.00630 - Certificate of Substantial Completion .doc Rev. 05/01 SECTION 00632 - CONTRACTORS 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 : Pelican Island National Wildlife Upland Restoration ' Indian River County Project Number 0386 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 : rName 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. 0386-00632 - Contractor's Final Certification 00632- 1 ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00632 - Contractor's Final Certification.doc 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 ARD ' GENERAL CONDITIONS OF THE t 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 1 Construction Specifications Institute [seal] ' These General Conditions have been prepared for use with the Owner-Contractor Agreements (No . 1910-8-A- 1 p 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 ) . ' EJCDC No . 1910-8 ( 1996 Edition ) cts\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc F :\Engineering\Capital Proje ' Copyright ©1996 National Socie' Street, Alexandria , VA 22314y of Professional s 1420 King 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 0386- 00700 - General Conditions E:\Engineer '.g,\Cap ital Projects\0386-Pelican Island upland Re5toration\0386-Pelican Island -Contract Docs\0386- 00700 - General 1 i TABLE OF CONTENTS 1 Page 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 .02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - PRELIMINARY MA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of Bonds . . . . . . . . . . . . . . . . ry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .01 Delive . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .02 Copies of Documents . . . . . . . . . . . . . . : . . . . • • • 9 • Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .03 Commencement of Contract Times; 9 1 2 .04 Starting the Work . . . . . . . . . . . . . . n . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . . ... . . . . . . .. . 10 2 . 05 Before Starting Construction . . 110 2 .06 Preconstruction Conference . . • • , • • • , . , . . . . . 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .01 Intent . • • • • • " . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 .02 Reference • ncies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 3 .03 Reporting and Resolving Discrepancies Contract Documents 3 .04 Amending and Supplementing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 .05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SURFACE AND PHYSICAL CONDITIONS ; REFERENCE ARTICLE 4 - AVAILABILITY' OF LANDS ; SUB . . . . . _ . , . • . . . . . . . . . . . . . . . . . . 12 POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1 lily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .01 Availability of Lands sfcal Conditions 4 .02 Subsurface and Phy i . . . . . . . 13 alConditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .03 Differing Subsurface or physic 14 1 4 .04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .06 Hazardous Environmental Condition at Site . . . . 1 ARTICLE 5 - BONDS AND IN . . . . . . 15 5 .01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 .02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 .03 Ce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .04 CONTRACTOR Liability Insurance . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 .05 OWNER '�nsu a'n'ti Insurance :::::::::::::::::::::::::::::: ' 5 .06 Property eI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . 5 .07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . 19 5 .08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . • Option to Replace . - , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1 5 .09 Acceptance of Bonds and Insurance, . 5 . 10 Partial Utilization, Acknowledgment of Property insurer. . . . . . . . . . . . . . . . . . . . . . . . . . 'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 6 - CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1 6 .01 Supervision and Supermtendence . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WOinc Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 .02 Labor; aterials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6 .03 Services, M . . . . . . . . . .20 1 6 .04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 .05 Substitutes and "Or-Equals". . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 00700-30386- 00700 - General Conditions I Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General F •\Enaineerip,.q,\CaPita 1 . . .22 • . . .23 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 .08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 .0 . . . . . . . .23 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 6 . 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . 6 . 15 Hazard Communication Programs ' . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6 . 16 Emergencies . . . . . . . 6 . 17 Shop Drawings and Samples , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 . . . . . . . . . . . . . . . . . . 6 . 18 Continuing the Work , . " . , . , . , " " . . . . 0 . 0 . . . ' 6 . 19 CONTRACTOR , General Warranty and Guarantee ::::::::::: : : : ::: : :::::::::::: : : :: : .:.... . . .. 1 . .. ........ . . . . . 0 . 0 26 6 .20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 7 1. OTHER WORK " , , . " " . " . ' " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7 .01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 .02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ARTICLE 8 - OWNER' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .28 . . . . . .28 8 .01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . . . . . • . .28 ' 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .04 Pa Promptly When Due . . . . . . . . .28 8 .05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . • • . . . . . . . . . . . . • • " " " " " " 28 ' . . . . . . . . . . . . . .. .28 8 .061nsurance . . . . 28 8 .07 Change Orders . . . . . . . . . . . . . 8 .08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ' 8 .09 Limitations on OWNER 's Responsibilities . . . . . . Itio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 . 11 Evidence of Financial Arrangements I . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . .29 ARTICLE 9 - ENGINEERS STATUS DURING CONSTRUCTION , . . , . , . . . . . . .2 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ' 9 .02 Visits to Site . . . . . . . . tati . - - I. . . . . . . . . . . . . G . . * . * . . . . . . . . . 6 .0 . . . . . . . . . . . . . . . . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 .04 Clarifications and interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . 1 . . . . . . . . . . . . . . . . 0 • • • . . . 9 .05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 . . . . . . . . . . . . . . . . . . p . . . . . :. . Y . . 9 .06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 .07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . 30 onsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 .09 Decisions on Rei R s Authority Contracts of Documents nts and Acce tabelit of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 9 . 10 Limitations on ENGINEE CHANGES IN THE WORK; CLAIMS . - , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ARTICLE10 - CH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10 .01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ' 10 .02 Unauthorized Chames in Ordehs . Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10 .03 Execution of Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10 .04 Notification to Surety . . . . . . . . . . . . . . . . . . . ' 10 .05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK , . . , : ::::::: : : : :: :1111111 . . . . . .111111111.111 . . .32 11 .01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 .02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-4 0386- 00700 - General Conditions ' 6-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General .:AAA tonsr \Capital Projects\038 11 .03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 ' ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . 01 Change of Contract Price " " , . . . . . . " I ' m . . . . . . 0000 , . . . . . . . . . " I ' ll " . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . " I , * . . . . . . . . . . . . 135 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 . , I . . I 1 1 . 1 1 1 1 1 1 1 . . . ' 089 . 0 . . . . . 0 . 11 , . . . . . . . . . . . . . . . . I " , . . . . . " ' . . 0 . . . . . . . . . . @too . . . . . . . . . . . . . . . * . . . . . . . o . . . . . . . . . . . . 36 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK , , , , , . . , , , . . . . . . . . . . . lose . . . . . . 4 . 000011 , . . . . . . . I . . . . . . . . . . . . . . . . . . . me . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 01 Notice of Defects . , . , , , , , . , . . . . . . . . 0 . 06 , . . . , pool , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . see * . . . . . . , . . . . . . . . . . . . . . . . . . . . 36 t 13 .02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 04 Uncovering Work, . . . I . . . . . . . . . . . . 00 . 00 . . . . . . . . 1 . 11 , 11 , . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . 37 ' 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 13 .07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 t 13 . 08 Acceptance of Defective Work, . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . 38 13 . 09 OWNER May Correct Defective Work, , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ' 14 . 01 Schedule of Values , , , , , " " . . . . I . . . . . . . . . . . . . . . . 0608 * . . . . I - - * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . 39 14 .02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 .03 CONTRACTOR's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 ' 14 . 04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 .06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ' 14 .07 Final Payment. . . I . . . . . . . . . . 0 0 0 0 a . . . . . . " Ill . , . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . * be . . . . . . . . . 6 * . . . . . . . . . . . . . . . . . . . . .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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ' 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ' 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ARTICLE 17 - MISCELLANEOUS . " , , , , , . , . . . . . 1 0 0 0 0 0 . . . . . . . . @ . do . , . . . . . . . . . I . . I I I I I I 1 1 6 1 . I I I . . . . . . . . I I I . . . . . . . . . . . I . . . . . a . . . . . . . . . . . . . . . . me * . . . . . . . . . . . . . . . . . . .45 ' 17 . 01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17 .03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ' 17 . 04 Survival of Obligations . 1 1 . 1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 11 . . . . . . .45 17 . 05 Controlling Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 00700-5 ' E 0386- 00700 - General Conditions 6:\E8Rions n&\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General ' GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Price or the Contract Times , issued on or after the Effective Date of the Agreement. ' 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of 1 . 01 Defined Terms Contract Price or Contract Times , or both , or other relief respect the terms A. Wherever used in the Contract' Documents demand money o� servi es by a third party the as not a and printed with initial or all capital letters , the to listed below indicated Claim . e to both the singular and plural thereof. are applicable 11 . Contract--The entire and integrated ' graphic instruments written agreement between the OWNER and 1 . Addenda--Written or grap CONTRACTOR concerning the Work . The Contract issued prior to the opening of Bids which clarify, nor negotiations , representations , or correct, or change the Bidding Requirements or the agrersedes ements , whether written or oral . Contract Documents . Contract Documents—The Contract 2 . Agreement--The written instrument which 12 . establish the rights and obligations of the ' is evidence of the agreement between OWNER and Documents 12 . parties and include the Agreement, Addenda (which CONTRACTOR covering the Work , pertain to the Contract Documents) , CONTRACTOR' s the Bid 3 . Application for Payment-be used b and (including documentation ny posBid do umntation accompanying )submitted prior to the ' acceptable to ENGINEER which is to be y Notice of Award ) when attached as an exhibit to the CONTRACTOR during the course of the Work in Agreement, the Notice to Proceed , the Bonds , these requesting progress or final payments and which is to g Supplementary Conditions , supporting documentation General Conditions , the Supp rY be accompanied by such supp 9 documenthe Specifications and the Drawings as the same are as is required by the Contract Documents . more specifically identified in the Agreement, together with all Written Amendments , Change Orders , Work 4 . Asbestos—Any material that contains Chane Directives , Field Orders , and ENGINEER' s more than one percent asbestos and is friable or is written interpretations and clarifications issued on or releasing asbestos fibers into the air above current after the Effective Date of the Agreement. Approved action levels established by the United States occupa- Shop Drawings and the reports and drawings of ' tional Safety and Health Administration . subsurface and physical conditions are not Contract Documents . Only printed or hard copies of the items 5 . Bid--The offer or proposal of a bidder listed in this paragraph are Contract Documents . Files submitted on the prescribed form setting forth the in electronic media format of text, data , graphics , and prices for the Work to be performed . the like that may be furnished by OWNER to 6 . Bidding Documents—The Bidding CONTRACTOR are not Contract Documents . ' Requirements and the proposed Contract Documents 13 . Contract Price—The moneys payable by (including all Addenda issued prior to receipt of Bids) . OWNER to CONTRACTOR for completion of the Requirements--The Work in accordance with the Contract Documents as 7 . Bidding stated in the Agreement (subject to the provisions of Advertisement or Invitation to Bid , Instructions to h 11 .03 in the case of Unit Price Work) . Bidders , Bid security form , if . any, and the Bid form paragraph 9 P with any supplements . 14 . Contract Times--The number of days or ' achieve 8 . Bonds—Performance and payment bonds the dates stated in the Agreement to : (i) Substantial Completion ; and (ii) complete the Work so and other instruments of security. that it is ready for final payment as evidenced by ' 9 . Change Order—A document recommend- ENGINEER's written recommendation of final pay- ed by ENGINEER which is signed by CONTRACTOR ment. and OWNER and authorizes an addition , deletion , or ' revision in the Work or an adjustment in the Contract 00700-6 0386- 00700 - General Conditions :\E ineeri \Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General �on��ions .cJnct� ' 15 . CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement . 26 . Liens--Charges , security interests , or ' encumbrances upon Project funds , real property, or 16 . Cost of the Work--See paragraph 11 .01 .A personal property. for definition . 17 . Drawings—That part of the Contract 27 . Milestone—A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope , extent, and completion date or time prior to Substantial Comple- character of the Work to be performed by tion of all the Work . ' CONTRACTOR . Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28 . Notice of Award—The written notice by defined . OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful ' 18 . Effective Date of the Agreement--The bidder with the conditions precedent listed therein , date indicated in the Agreement on which it becomes OWNER will sign and deliver the Agreement . effective , but if no such date is indicated , it means the date on which the Agreement is signed and delivered 29 . Notice to Proceed--A written notice given by the last of the two parties to sign and deliver. by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and 19 . ENGINEER--The individual or entity on which CONTRACTOR shall start to perform the named as such in the Agreement. Work under the Contract Documents . 20 , ENGINEER 's Consultant—An individual or 30 . OWNER—The individual , entity, public entity having a contract with ENGINEER to furnish body, or authority with whom CONTRACTOR has services as ENGINEER's independent professional entered into the Agreement and for whom the Work is associate or consultant with respect to the Project and to be performed . who is identified as such in the Supplementary Conditions . 31 , Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- 21 . Field Order--A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work . Work but which does not involve a change in the Contract Price or the Contract Times . 32 . PCBs--Polychlorinated biphenyls . 22 . General Requirements--Sections of 33 . Petroleum--Petroleum , including crude oil Division 1 of the Specifications . The General or any fraction thereof which is liquid at standard Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions . Fahrenheit and 14 . 7 pounds per square inch absolute) , such as oil , petroleum , fuel oil , oil sludge , oil 23 . Hazardous Environmental Condition—The refuse , gasoline , kerosene , and oil mixed with other presence at the Site of Asbestos , PCBs , Petroleum , non-Hazardous Waste and crude oils . Hazardous Waste , or Radioactive Material in such quantities or circumstances that may present a 34 . Project--The total construction of which substantial danger to persons or property exposed the Work to be performed under the Contract thereto in connection with the Work. Documents may be the whole , or a part as may be ' indicated elsewhere in the Contract Documents . 24 . Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 35 . Project Manual—The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903 ) as amended from time to time . Work. A listing of the contents of the Project Manual , which may be bound in one or more volumes , is 25 . Laws and Regulations; Laws or Regulat- contained in the table(s ) of contents . ' ions—Any and all applicable laws , rules , regulations , ordinances , codes , and orders of any and all govern - 36 . Radioactive Material--Source, special mental bodies , agencies , authorities , and courts nuclear, or byproduct material as defined by the having jurisdiction . 00700-7 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc Atomic Energy Act of 1954 (42 USC Section 2011 et incorporated in the Work by CONTRACTOR or any seq . ) as amended from time to time . Subcontractor. ' 37 . Resident Project Representative—The 46 . Underground Facilities--All underground authorized representative of ENGINEER who may be pipelines , conduits , ducts , cables , wires , manholes , ' assigned to the Site or any part thereof. vaults , tanks , tunnels , or other such facilities or attachments , and any . encasements containing such 38 . Samples--Physical examples of facilities , including those that convey electricity, gases , materials , equipment, or workmanship that are steam , liquid petroleum products , telephone or other ' representative of some portion of the Work and which communications , cable television , water, wastewater, establish the standards by which such portion of the storm water, other liquids or chemicals , or traffic or Work will be judged . other control systems . 39 . Shop Drawings—All drawings , diagrams , 47 . Unit Price Work—Work to be paid for on illustrations , schedules , and other data or information the basis of unit prices . which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to 48 . Work—The entire completed construction illustrate some portion of the Work . or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents , 40 . Site—Lands or areas indicated in the Work includes and is the result of performing or Contract Documents as being furnished by OWNER providing all labor, services , and documentation upon which the Work is to be performed , including necessary to produce such construction , and rights-of-way and easements for access thereto , and furnishing , installing , and incorporating all materials such other lands furnished by OWNER which are and equipment into such construction , all as required designated for the use of CONTRACTOR. by the Contract Documents . 41 . Specifications—That part of the Contract 49 . Work Change Directive—A written Documents consisting of written technical descriptions statement to CONTRACTOR issued on or after the of materials , equipment, systems , standards , and Effective Date of the Agreement and signed by workmanship as applied to the Work and certain OWNER and recommended by ENGINEER ordering administrative details applicable thereto . an addition , deletion , or revision in the Work, or responding to differing or unforeseen subsurface or 42 . Subcontractor—An individual or entity physical conditions under which the Work is to be having a direct contract with CONTRACTOR or with performed or to emergencies . A Work Change any other Subcontractor for the performance of a part Directive will not change the Contract Price or the of the Work at the Site . Contract Times but is evidence that the parties expect that the change ordered or documented by a Work 43 . Substantial Completion—The time at Change Directive will be incorporated in a subse- which the Work (or a specified part thereof) has quently issued Change Order following negotiations by progressed to the point where , in the opinion of the parties as to its effect, if any, on the Contract Price ENGINEER, the Work (or a specified part thereof) is or Contract Times . ' sufficiently complete , in accordance with the Contract Documents , so that the Work (or a specified part 50 . Written Amendment--A written statement thereof) can be utilized for the purposes for which it is modifying the Contract Documents , signed by ' intended . The terms "substantially complete" and OWNER and CONTRACTOR on or after the Effective "substantially completed" as applied to all or part of the Date of the Agreement and normally dealing with the Work refer to Substantial Completion thereof. nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Docu- ' 44 . Supplementary Conditions—That part of ments . the Contract Documents which amends or supplements these General Conditions . 1 . 02 Terminology 45 . Supplier—A manufacturer, fabricator, A. Intent of Certain Terms or Adjectives supplier, distributor, materialman , or vendor having a direct contract with CONTRACTOR or with any 1 . Whenever in the Contract Documents the Subcontractor to furnish materials or equipment to be terms "as allowed ," "as approved ," or terms of like 00700-8 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc " in final position said services , materials , or effect or import are used , or the adjectives equipment complete and ready for intended "reasonable ," "suitable ," "acceptable , proper, "satisfactory," or adjectives of like effect or import use . are used to describe an action or determination of 3 . The words "perform" or "provide ;' ENGINEER as to the Work, it is intended that such when used in connection with services , action or determination will be solely to evaluate , in materials , or equipment, shall mean to furnish general , the completed Work for compliance with and install said services , materials , or the requirements of and information in the Contract ment complete and ready for intended equip Documents and conformance with the design use concept of the completed Project as a functioning whole as shown or indicated in the Contract 4 . When "furnish," "tall," "perform," or "pro- Documents (unless there is a specific statement vide" is not used in connection with services, ' indicating otherwise) . The use of any such term or adjective shall not be effective to assign to ENGI- material or equipment in a context clearly"provide" euirins NEER any duty or authority to supervise or direct an obligation of CONTRACTOR, p the performance of the Work or any duty or implied. the d otherwise authority to undertake responsibility contrary to the E . Unless nlewords sstate or phrases whichnhave anwelltkDnown provisions of paragraph 9 . 10 or any other provision technical or construction industry or trade meaning are of the Contract Documents . used in the Contract Document in accordance with B . Day such recognized meaning . 1 . The word "day" shall constitute a calendar day of 24 hours measured from ARTICLE 2 - PRELIMINARY MATTERS midnight to the next midnight. C . Defective 2 .01 Delivery of Bonds TOR 1 . The word "defectiv to Work that en in s Agreement e t OWNER, CONTRACTOR shall also the word "Work , livers the executed " refers such unsatisfactory, faulty, or deficient in that it does does may be required tor to Rfurn furnish . Bonds as CONTRACTOR ive not conform to the Contract Documents not meet the requirements of any inspection , reference standard , test, or approval referred to 2 .02 Copies of Documents in the Contract Documents , or has been damaged prior to ENGINEER's recom - A. OWNER shall furnish to CONTRACTOR up mendation of final payment (unless responsi- to ten copies of the Contract Documents . Additional bility for the protection thereof Shas been ubstantial reproduction ,copies willbe furnished upon request at the cost of assumed by OWNER at Completion in accordance with paragraph ' 14 .04 or 14 .05) . 2 .03 Commencement of Contract Times; Notice to Proceed D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1 . The word "furnish ," when used in ment or, if a Notice to Proceed is given , on the day connection with services , materials , or indicated in the Notice to Proceed . A Notice to Pro- equipment, shall mean to supply and deliver ceed may be given at any time within 30 days after the he said services , materials , or equipment read for Contract Dateof the comm commence Agreement, to run laterevent than the will the Site (or some other specified location) Y Bid the thirtieth use or installation and in usable or operable sixtieth Y after aftertheEffectthe ive ofopening r Date of the Agreement condition . whichever date is earlier . 2 . The word "install ," when used in connection with services , materials , or equipment, shall mean to put into use or place 00700-9 0386- 00700 - General Conditions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc 2 . 04 Starting the Work additional insured identified in the Supplementary Conditions , certificates of insurance (and other er A. CONTRACTOR shall start to perform the additional ence of insurance wich f insured may heasonlahbly �equest)them owhich r any Work on the date when the Contract Times comrespectively are - mence to run . No Work shall be done at cohe mte mence to prior requiredo pOand u chase and maintain in accordance with ' to the date on which the Contract Times Article 5 . run . 2 .05 Before Starting Construction 2 .06 Preconstruction Conference A. Within 20 days after the Contract Times start A. CONTRACTOR 's Review p Contract Do Work, to run , but before any Work at the Site is started , a ments: Before undertaking each part of the Work, conference attended by CONTRACTOR, ENGINEER, ' CONTRACTOR shall carefully study and compare the s appropriate will be h others aeld to establish a and Contract Documents and check and verify pertinent and of understanding among the parties as to the figures therein and all applicable field measurements . CONTRACTOR shall promptly report in writing to Work and to discuss the schedules referred to in para- ENGINEER any conflict, error, ambiguity, or graph 2 .05 . 6 , procedures for handling Shop Drawings discrepancy which CONTRACTOR may discover and and other submittals , processing Applications for Pa ent, and maintaining required records . shall obtain a written interpretation or clarification from Ym ' ENGINEER before proceeding with any Work affected 2 .07 Initial Acceptance of Schedules thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any A, Unless otherwise provided in the Contract ' conflict, error, ambiguity, or discrepancy in the Documents , at least ten days before submission of the Contract Documents unless CONTRACTOR knew or first Application for Payment a conference attended by reasonably should have known thereof. CONTRACTOR, ENGINEER, and others as appropri- B . Preliminary Schedules: Within ten dayafter NEERIbe as provl ded below the scheduled slsubmittedto Gin the Effective Date of the Agreement (unless otherwiseaccordance with paragraph 2 . 05 . 6 . CONTRACTOR specified in the General Requirements) , CONTRAC- shall have an additional ten days to make corrections TOR shall submit to ENGINEER for its timely review: and adjustments and to complete and resubmit the 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times (numbers of days or dates) CONTRACTOR until acceptable schedules are for starting and completing letin the various stages submitted to ENGINEER. of the Work, including any Milestones specified 1 . The progress schedule will be in the Contract Documents ; acceptable to ENGINEER if it provides an 2 . a preliminary schedule of Shop orderly progression of the Work to completion Drawin and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not b- impose on ENGINEER responsibility for the ' miffing , reviewing , and processing such P progress schedule , for sequencing , scheduling , submittal ; and or progress of the Work nor interfere with or 3 , a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR's all of the Work which includes quantities and full responsibility therefor. prices of items which when added together 2 CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Drawing and Sample submittals will be Work into component parts in sufficient detail to acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals , will include an appropriate amount of overhead and profit applicable to each item of Work . 3 . CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form C . Evidence of Insurance: Before any Work at and substance if it provides a reasonable the Site is started , CONTRACTOR and OWNER shall each deliver to the other, with copies to each 00700- 10 0386- 00700 - General Conditions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc allocation of the Contract Price to component of the Work or any duty or authority to parts of the Work, undertake responsibility inconsistent with the ' provisions of the Contract Documents . ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE 3 . 03 Reporting and Resolving Discrepancies ' 3 . 01 Intent A. Reporting Discrepancies A. The Contract Documents are comple- 1 . If, during the performance of the ' mentary; what is called for by one is as binding as if Work, CONTRACTOR discovers any conflict, called for by all . error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract B . It is the intent of the Contract Documents to Documents and any provision of any Law or ' describe a functionally complete Project (or part there- Regulation applicable to the performance of the of) to be constructed in accordance with the Contract Work or of any standard , specification , manual Documents . Any labor, documentation , services , or code , or of any instruction of any Supplier, materials , or equipment that may reasonably be CONTRACTOR shall report it to ENGINEER in inferred from the Contract Documents or from writing at once . CONTRACTOR shall not prevailing custom or trade usage as being required to proceed with the Work affected thereby (except produce the intended result will be provided whether in an emergency as required by paragraph ' or not specifically called for at no additional cost to 6 . 16 .A) until an amendment or supplement to OWNER. the Contract Documents has been issued by one of the methods indicated in paragraph C . Clarifications and interpretations of the 3 .04 ; provided , however, that CONTRACTOR Contract Documents shall be issued by ENGINEER shall not be liable to OWNER or ENGINEER for as provided in Article 9 . failure to report any such conflict, error, ambiguity, or discrepancy unless CON - 3 . 02 Reference Standards TRACTOR knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B . Resolving Discrepancies 1 . Reference to standards , specifica- 1 . Except as may be otherwise tions , manuals , or codes of any technical specifically stated in the Contract Documents , society, organization , or association , or to Laws the provisions of the Contract Documents shall or Regulations , whether such reference be take precedence in resolving any conflict, error, specific or by implication , shall mean the stan- ambiguity, or discrepancy between the dard , specification , manual , code , or Laws or provisions of the Contract Documents and : Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement a . the provisions of any standard , if there were no Bids ) , except as may be specification , manual , code, or instruction ' otherwise specifically stated in the Contract (whether or not specifically incorporated by Documents . reference in the Contract Documents ); or ' 2 . No provision of any such standard , b . the provisions of any Laws or specification , manual or code , or any instruction Regulations applicable to the performance of a Supplier shall be effective to change the of the Work (unless such an interpretation of duties or responsibilities of OWNER, the provisions of the Contract Documents ' CONTRACTOR, or ENGINEER, or any of their would result in violation of such Law or subcontractors , consultants , agents , or employ- Regulation ) . ees from those set forth in the Contract Documents , nor shall any such provision or 3 . 04 Amending and Supplementing Contract instruction be effective to assign to OWNER, Documents ENGINEER, or any of ENGINEER's Consultants , agents , or employees any duty or A. The Contract Documents may be amended to authority to supervise or direct the performance provide for additions , deletions , and revisions in the 00700- 11 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc s thereof in make 0 05 . a Claim therefor as provided in paragraph Work or to modify the terms and condition ' one or more of the following ways : (i) a Written Amendment; (ii) a Change Order; or (iii) a Work B Upon reasonable written request, OWNER Change Directive . shall furnish CONTRACTOR with a current statement B . The requirements of the Contract Documents upon record of hi h legal thee and Workislegal todescription performedlands and ' be supplemented , and minor variations b o may P OWNER' s interest therein as necessary for gluing deviations in the Work may be authorized , by one () notice of or filing a mechanic's or construction lien more of the following ways : (i) a Field Order; II against such lands in accordance with applicable ENGINEER's approval of a Shop Drawing or Sample; or (iii ) ENGINEER's written interpretation or clarifi- Laws and Regulations . cation . C . CONTRACTOR shall provide for all additional ' 3 . 05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of A. CONTRACTOR and any Subcontractor or materials and equipment. Supplier or other individual or entity performing or 4 02 Subsurface and Physical Conditions furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire A. Reports and Drawings: The Supplementary any title to or ownership rights in any of the Drawings , Conditions identify: Specifications , or other documents (or copies of any thereof) prepared by or bearing the seal of 1 , those reports of explorations and ' ENGINEER or ENGINEER's Consultant, including tests of subsurface conditions at or contiguous electronic media editions ; and (ii) shall not reuse any to the Site that ENGINEER has used in of such Drawings , Specifications , other documents , or preparing the Contract Documents ; and copies thereof on extensions of the Project or any Pre P h other project without written consent of OWNER and 2 those drawings of physical ENGINEER and specific written verification or conditions in or relating to existing surface or adaption by ENGINEER. This prohibition will survive subsurface structures at or contiguous to the final payment, completion , and acceptance of the Site except Underground Facilities) that ENGI- ' Work , _ or termination or completion of the Contract. NEER has used in preparing the Contract Nothing herein shall preclude CONTRACTOR from Documents .retaining copies of the Contract Documents for record purposes . B . Limited Reliance by CONTRACTOR on ARTICLE 4 - AVAILABILITY OF LANDS ; Technical Data Authorized: CONTRACTOR may rely SUBSURFACE AND PHYSICAL CONDITIONS ; upon the general accuracy of the "technical data" ' REFERENCE POINTS contained in such reports and drawings , but such reports and drawings are not Contract Documents . Such "technical data" is identified in the Supplementa- ry Conditions . Except for such reliance on such ' "technical data ," CONTRACTOR may not rely upon or 4 .01 Availability of Lands make any Claim against OWNER, ENGINEER, or any A. OWNER shall furnish the Site . OWNER shall of ENGINEER's Consultants with respect to: notify CONTRACTOR of any encumbrances or 1 . the completeness of such reports restrictions not of general application but specifically and drawings for CONTRACTOR' s purposes , related to use of the Site with which CONTRACTOR including , but not limited to , any aspects of the must comply in performing the Work . OWNER will means , methods , techniques , sequences , and obtain in a timely manner and pay for easements for ermanent structures or permanent changes in procedures of construction to be employed by p CONTRACTOR, and safety precautions and existing facilities . If CONTRACTOR and OWNER are' incident thereto ; or unable to agree on entitlement to or on the amount or programs extent, if any, of any adjustment in the Contract Price 2 other data , interpretations , opinions , or Contract Times , or both , as a result of any delay in and information contained in such reports or OWNER' s furnishing the Site , CONTRACTOR may shown or indicated in such drawings ; or 00700- 12 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc of, or time required for , performance of the ' 3 , any CONTRACTOR interpretation of Work; subject, however, to the following : or conclusion drawn from any "technical data a . such condition must meet any one or or any such other data , interpretations , more of the categories described in para- opinions , or information . graph 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 ' A. Notice: If CONTRACTOR believes that any Contract Price will be subject to the subsurface or physical condition at or contiguous to provisions of paragraphs 9 .08 and 11 .03 . the Site that is uncovered or revealed either: 1 . is of such a nature as to establish 2 . CONTRACTOR shall not be entitled ' to any adjustment in the Contract Price or that any "technical data" on which CONTRAC- Contract Times if: TOR is entitled to rely as provided in paragraph 4 .02 is materially inaccurate; or a . CONTRACTOR knew of the 2 . is of such a nature as to require a existence of such conditions at the time CONTRACTOR made a final commitment change in the Contract Documents ; or to OWNER in respect of Contract Price and ' 3 . differs materially from that shown or Contract Times by the submission of a Bid or becoming bound under a negotiated indicated in the Contract Documents; or contract; or r4 . is of an unusual nature , and differs b , the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination , ' ent in work of the character provided for in the investigation , exploration , test, or study of Contract Documents ; the Site and contiguous areas required by after becoming the Bidding Requirements or Contract then CONTRACTOR shall , promptly Documents to beconducted oby or f CTOR 's r COW aware thereof and before further disturbing the TRACTOR prior subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency ' as required by paragraph 6 . 16 .A) , notify OWNER and c, CONTRACTOR failed to give the ENGINEER in writing about such condition . written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4 .03 .A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3 , If OWNER and CONTRACTOR are so . unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in ' B . EN required 's Review: After receipt of written the Contract Price or Contract Times , or both , a notice as required by paragraph 4 .03 .A, ENGINEER tl review the pertinent condition , determine Claim may be made therefor as provided in will promptly paragraph 10 .05 . However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants ' exploration or tests with respect thereto , and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims , costs , losses , or damages (including ENGINEER's findings and conclusions . but not limited to all fees and charges of ' and other engineers , architects , attorneys , C . Possible Price and Times Adjustments professionals and all court or arbitration or other 1 , The Contract Price or the Contract dispute resolution costs) sustained by CONTRACTOR on or in connection with any ' Times , or both , will be equitably adjusted to the other projector anticipated project, extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost 00700- 13 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc 4 . 04 Underground Facilities safety and protection of such Underground Facility. ' A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with 2 . If ENGINEER concludes that a respect to existing Underground Facilities at or change in the Contract Documents is required , contiguous to the Site is based on information and a Work Change Directive or a Change Order data furnished to OWNER or ENGINEER by the will be issued to reflect and document such owners of such Underground Facilities , including consequences . An equitable adjustment shall OWNER, or by others . Unless it is otherwise be made in the Contract Price or Contract ' expressly provided in the Supplementary Conditions : Times , or both , to the extent that they are attributable to the existence or location of any 1 . OWNER and ENGINEER shall not Underground Facility that was not shown or ' be responsible for the accuracy or com - indicated or not shown or indicated with pleteness of any such information or data ; and reasonable accuracy in the Contract Documents and that CONTRACTOR did not 2 . the cost of all of the following will be know of and could not reasonably have been included in the Contract Price, and CONTRAC- expected to be aware of or to have anticipated . TOR shall have full responsibility for: If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or a . reviewing and checking all such extent, if any, of any such adjustment in ' information and data , Contract Price or Contract Times , OWNER or CONTRACTOR may make a Claim therefor as b . locating all Underground Facilities provided in paragraph 10 . 05 . ' shown or indicated in the Contract Documents , 4 .05 Reference Points c. coordination of the Work with the A. OWNER shall provide engineering surveys to owners of such Underground Facilities , establish reference points for construction which in including OWNER, during construction , and ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- d . the safety and protection of all such TRACTOR shall be responsible for laying out the Underground Facilities and repairing any Work , shall protect and preserve the established damage thereto resulting from the Work. reference points and property monuments , and shall make no changes or relocations without the prior ' B . Not Shown or Indicated written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or 1 . If an Underground Facility is property monument is lost or destroyed or requires ' uncovered or revealed at or contiguous to the relocation because of necessary changes in grades or Site which was not shown or indicated , or not locations , and shall be responsible for the accurate shown or indicated with reasonable accuracy in replacement or relocation of such reference points or the Contract Documents , CONTRACTOR shall , property monuments by professionally qualified promptly after becoming aware thereof and personnel . before further disturbing conditions affected thereby or performing any Work in connection 4 .06 Hazardous Environmental Condition at Site therewith (except in an emergency as required by paragraph 6 . 16 .A) , identify the owner of A. Reports and Drawings: Reference is made to such Underground Facility and give written the Supplementary Conditions for the identification of notice to that owner and to OWNER and ENGI - those reports and drawings relating to a Hazardous NEER. ENGINEER will promptly review the Environmental Condition identified at the Site , if any, Underground Facility and determine the extent, that have been utilized by the ENGINEER in the if any, to which a change is required in the preparation of the Contract Documents . ' Contract Documents to reflect and document the consequences of the existence or location B . Limited Reliance by CONTRACTOR on of the Underground Facility. During such time , Technical Data Authorized: CONTRACTOR may rely CONTRACTOR shall be responsible for the upon the general accuracy of the "technical data" contained in such reports and drawings , but such 00700- 14 0386- 00700 - General Conditions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc ndition and any cted en reports and drawings are not Contract Documents , rendered sae for theeresumption isor oWork; ore (i) ' Such "technical data is identified incial Supplementary Conditions . Except for such reliance Work may be ifying any spesumed conditions afely. under if OWNER to oanod on such "technical data , CONTRACTOR may n y CONTRACTOR cannot agree as to entitlement upon or make any Claim against OWNER, or extent, if any, of any adjustment in ENGINEER or any of ENGINEER's Consultants with Contract Pricon the amoue or Contract Times , or both , as a result respect to : I of such Work stoppage or such special conditions 1 . the completeness of such reports under which Work is agreed to be resumed by ' CONTRACTOR, either party may make a Claim and drawings for CONTRACTOR's purposes , including , but not limited to , any aspects of the therefor as provided in paragraph 10 .05 , means , methods , techniques , sequences and procedures of construction to be employed by F . If after receipt of such written notice ' utions and CONTRACTOR does not agree to resume such Work CONTRACTOR and safety preca based on a reasonable belief it is unsafe , or does not programs incident thereto ; or agree to resume such Work under such special condi- 2 . other data , interpretations , opinions tions , then OWNER may order the portion of the Work and information contained in such reports or that is in the area affected by such condition to be shown or indicated in such drawings ; or deleted from the Work. If OWNER and COW TRACTOR cannot agree as to entitlement to or on the djustment in Contract 3 , any CONTRACTOR interpretation of price or Contracmount or t Times asif any, of aa aesult of deleting such or conclusion drawn from any "technical data" portion of the Work, then either party may make a ' or any such other data , interpretations , opinions Claim therefor as provided in paragraph 10 .05 . or information . OWNER may have such deleted portion of the Work C . CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in ' accordance with Article 7 . any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated G . To the fullest extent permitted by Laws and in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Regulations , OWNER shall indemnify and holONTRACTOR, Subcontractors , ENGI- Work. CONTRACTOR shall be responsible for a harmless COConsultants NTRACTOR, Hazardous Environmental Condition created with any NEE , EN plartne sS employees , an agents , other materials brought to the Site by CONTRACTOR, and Subcontractors , Suppliers , or anyone else for whom consultants , and subcontractors , each lossesn and ' costs CONTRACTOR is responsible , them from and against all claims , , damages (including but not limited to all fees and D , If CONTRACTOR encounters a CONTRACTOR charges Band call architects , arbitration tion and other other Environmental Condition or if CONTRACTOR professionals or relating to a anyone for whom CONTRACTOR is responsible Hazardousresolution Env Environmental arising Conditi n provided that creates a Hazardous Environmental Condition , CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition : (i) was not n or cated ons otherwise isolate such condition ; (ii) stop all Work in or identified in the Cin the ontractDrawings pl show Documents obeincludedlcluded connection with such condition and in y affected thereby (except in an emergency as required d- byn the CONTRACTOR or ororby nanyone s for created whom ' by paragraph 6 . 16 ) ; and (iii) notify OWNER and NEER (and promptly thereafter confirm such notice in CONK 06 E shall obligatelOWNER to indemnify any writing) . OWNER shall promptly consult with graphtity ENGINEER concerning the necessity for condition or odivid undal o or 9s or entity's ownnnegligenceequences ' retain a qualified expert to evaluate such take corrective action , if any. H , To the fullest extent permitted by Laws and E . CONTRACTOR shall not be required to Regulations , CONTRACTOR shall indemnify and hold ' resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's Cdirectors , partners , any affected area until after OWNER has obtained Consultants , other consultants , and 9ees � and the o kers ,a any required permits related thereto and delivered to emp y CONTRACTOR written notice : (i) specifying that such subcontractors of each and any of them from and 00700- 15 0386- 00700 - General Conditions ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' against all claims , costs , losses , and damages shall comply with the requirements of paragraphs (including but not limited to all fees and charges of 5 .01 . 13 and 5 .02 . ' engineers , architects , attorneys , and other professionals and all court or arbitration or other 5 . 02 Licensed Sureties and Insurers dispute resolution costs ) arising out of or relating to a Hazardous Environmental Condition created by A. All Bonds and insurance required by the ' CONTRACTOR or by anyone for whom Contract Documents to be purchased and maintained CONTRACTOR is ' responsible . Nothing in this by OWNER or CONTRACTOR shall be obtained from paragraph 4 .06 . F shall obligate CONTRACTOR to surety or insurance companies that are duly licensed ' indemnify any individual or entity from and against the or authorized in the jurisdiction in which the Project is consequences of that individual 's or entity's own negli- located to issue Bonds or insurance policies for the gence . limits and coverages so required . Such surety and insurance companies shall also meet such additional ' I . The provisions of paragraphs 4 . 02 , 4 . 03 , and requirements and qualifications as may be provided in 4 .04 are not intended to apply to a Hazardous the Supplementary Conditions . Environmental Condition uncovered or revealed at the ' Site . 5 . 03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with ARTICLE 5 - BONDS AND INSURANCE copies to each additional insured identified in the Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN- 5 . 01 Performance, Payment, and Other Bonds ER or any other additional insured ) which CON- TRACTOR is required to purchase and maintain . A. CONTRACTOR shall furnish performance OWNER shall deliver to CONTRACTOR, with copies and payment Bonds , each in an amount at least equal to each additional insured identified in the Supple- to the Contract Price as security for the faithful perfor- mentary Conditions , certificates of insurance (and ' mance and payment of all CONTRACTOR's other evidence of insurance requested by CONTRAC- obligations under the Contract Documents . These TOR or any other additional insured ) which OWNER Bonds shall remain in effect at least until one year is required to purchase and maintain . ' after the date when final payment becomes due , except as provided otherwise by Laws or Regulations 5 . 04 CONTRACTOR 's Liability Insurance or by the Contract Documents . CONTRACTOR shall also furnish such other Bonds as are required by the A. CONTRACTOR shall purchase and maintain Contract Documents . such liability and other insurance as is appropriate for the Work being performed and as will provide B . All Bonds shall be in the form prescribed by protection from claims set forth below which may arise ' the Contract Documents except as provided otherwise out of or result from CONTRACTOR's performance of by Laws or Regulations , and shall be executed by the Work and CONTRACTOR's other obligations such sureties as are named in the current list of "Com- under the Contract Documents , whether it is to be per- panies Holding Certificates of Authority as Acceptable formed by CONTRACTOR, any Subcontractor or Sureties on Federal Bonds and as Acceptable Supplier, or by anyone directly or indirectly employed Reinsuring Companies" as published in Circular 570 by any of them to perform any of the Work, or by (amended ) by the Financial Management Service , anyone for whose acts any of them may be liable : ' Surety Bond Branch , U . S . Department of the Treasury. All Bonds signed by an agent must be 1 . claims under workers' compensation , accompanied by a certified copy of such agent's disability benefits , and other similar employee authority to act. benefit acts ; ' C . If the surety on any Bond furnished by CON - 2 . claims for damages because of TRACTOR is declared bankrupt or becomes insolvent bodily injury, occupational sickness or disease , or its right to do business is terminated in any state or death of CONTRACTOR's employees ; ' where any part of the Project is located or it ceases to meet the requirements of paragraph 5 . 01 . 6 , 3 , claims for damages because of CONTRACTOR shall within 20 days thereafter bodily injury, sickness or disease , or death of substitute another Bond and surety, both of which 00700- 16 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc any person other than CONTRACTOR's 5 . contain a provision or endorsement employees ; that the coverage afforded will not be canceled , materially changed or renewal refused until at 4 . claims for damages insured by least thirty days prior written notice has been reasonably available personal injury liability given to OWNER and CONTRACTOR and to coverage which are sustained : (i ) by any person each other additional insured identified in the ' as a result of an offense directly or indirectly Supplementary Conditions to whom a certificate related to the employment of such person by of insurance has been issued (and the CONTRACTOR, or (ii) by any other person for certificates of insurance furnished by the CON - any other reason ; TRACTOR pursuant to paragraph 5 .03 will so provide) ; 5 , claims for damages , other than to the Work itself, because of injury to or destruction 6 . remain in effect at least until final of tangible property wherever located , including payment and at all times thereafter when CON- loss of use resulting therefrom ; and TRACTOR may be correcting , removing , or replacing defective Work in accordance with 6 , claims for damages because of paragraph 13 . 07 ; and bodily injury or death of any person or property damage arising out of the ownership , mainte- 7 , with respect to completed operations nance or use of any motor vehicle . insurance , and any insurance coverage written on a claims-made basis, remain in effect for at B . The policies of insurance so required by this least two years after final payment (and paragraph 5 . 04 to be purchased and maintained shall : CONTRACTOR shall furnish OWNER and ' each other additional insured identified in the 1 . with respect to insurance required by Supplementary Conditions , to whom a paragraphs 5.04 .A.3 through 5 .04 .A. 6 inclusive, certificate of insurance has been issued , include as additional insureds (subject to any evidence satisfactory to OWNER and any such ' customary exclusion in respect of professional additional insured of continuation of such liability) OWNER, ENGINEER, ENGINEER's insurance at final payment and one year Consultants , and any other individuals or thereafter) . ' entities identified in the Supplementary Condi- tions , all of whom shall be listed as additional 5 . 05 OWNER 's Liability Insurance insureds , and include coverage for the respec- tive officers , directors , partners , employees , A. In addition to the insurance required to be ' agents , and other consultants and provided by CONTRACTOR under paragraph 5 .04, subcontractors of each and any of all such OWNER , at OWNER's option , may purchase and additional insureds , and the insurance afforded maintain at OWNERRIs expense OWNER's own liability to these additional insureds shall provide insurance as will protect OWNER against claims primary coverage for all claims covered which may arise from operations under the Contract thereby; Documents . ' 2 , include at least the specific 5 . 06 Property Insurance coverages and be written for not less than the limits of liability provided in the Supplementary A. Unless otherwise provided in the Supple- Conditions or required by Laws or Regulations , mentary Conditions, OWNER shall purchase and ' whichever is greater; maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof 3 . include completed operations (subject to such deductible amounts as may be insurance ; provided in the Supplementary Conditions or required by Laws and Regulations ) . This insurance shall : 4 , include contractual liability insurance covering CONTRACTOR's indemnity 1 . include the interests of OWNER, obligations under paragraphs 6 .07 , 6 . 11 , and CONTRACTOR, Subcontractors , ENGINEER, 6 .20 ; ENGINEER's Consultants , and any other individuals or entities identified in the Supplementary Conditions , and the officers , 00700- 17 0386- 00700 - General Conditions FAEngineed ng\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' directors , partners , employees , agents , and other consultants and subcontractors of each C . All the policies of insurance (and the certifi- ' and any of them , each of whom is deemed to cates or other evidence thereof) required to be pur- have an insurable interest and shall be listed as chased and maintained in accordance with paragraph an additional insured ; 5 .06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially t 2 . be written on a Builder's Risk "all-risk" changed or renewal refused until at least 30 days prior or open peril , or special causes of loss policy written notice has been given to OWNER and CON- form that shall at least include insurance for TRACTOR and to each other additional insured to physical loss or damage to the Work , tempo- whom a certificate of insurance has been issued and rary buildings , false work , and materials and will contain waiver provisions in accordance with equipment in transit, and shall insure against at paragraph 5 . 07 . least the following perils or causes of loss : fire , ' lightning , extended coverage , theft, vandalism D . OWNER shall not be responsible for purchas- and malicious mischief, earthquake , collapse, ing and maintaining any property insurance specified debris removal , demolition occasioned by en- in this paragraph 5 .06 to protect the interests of ' forcement of Laws and Regulations , water CONTRACTOR, Subcontractors , or others in the damage, and such other perils or causes of Work to the extent of any deductible amounts that are loss as may be specifically required by the identified in the Supplementary Conditions . The risk Supplementary Conditions ; of loss within such identified deductible amount will be ' borne by CONTRACTOR, Subcontractors , or others 3 , include expenses incurred in the suffering any such loss , and if any of them wishes repair or replacement of any insured property property insurance coverage within the limits of such ' (including but not limited to fees and charges of amounts , each may purchase and maintain it at the engineers and architects ) ; purchaser's own expense . 4 . cover materials and equipment E . If CONTRACTOR requests in writing that ' stored at the Site or at another location that was other special insurance be included in the property agreed to in writing by OWNER prior to being insurance policies provided under paragraph 5 .06 , incorporated in the Work, provided that such OWNER shall , if possible, include such insurance, ' materials and equipment have been included in and the cost thereof will be charged to CONTRAC- an Application for Payment recommended by TOR by appropriate Change Order or Written ENGINEER; Amendment . Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRAC- ' 5 . allow for partial utilization of the Work TOR whether or not such other insurance has been by OWNER; procured by OWNER . ' 6 . include testing and startup ; and 5 .07 Waiver of Rights 7 . be maintained in effect until final pay- A. OWNER and CONTRACTOR intend that all ment is made unless otherwise agreed to in policies purchased in accordance with paragraph 5 .06 ' writing by OWNER, CONTRACTOR, and will protect OWNER, CONTRACTOR, ENGINEER with 30 days written notice to each Subcontractors , ENGINEER, ENGINEER's Consul- other additional insured to whom a certificate of tants , and all other individuals or entities identified in ' insurance has been issued . the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors , B . OWNER shall purchase and maintain such partners , employees , agents , and other consultants boiler and machinery insurance or additional property and subcontractors of each and any of them ) in such ' insurance as may be required by the Supplementary policies and will provide primary coverage for all Conditions or Laws and Regulations which will include losses and damages caused by the perils or causes of the interests of OWNER, CONTRACTOR, loss covered thereby. All such policies shall contain Subcontractors , ENGINEER, ENGINEER Is Consul- provisions to the effect that in the event of payment of ' tants , and any other individuals or entities identified in any loss or damage the insurers will have no rights of the Supplementary Conditions , each of whom is recovery against any of the insureds or additional deemed to have an insurable interest and shall be insureds thereunder. OWNER and CONTRACTOR listed as an insured or additional insured . waive all rights against each other and their respective 00700- 18 0386- 00700 - General Conditions FAEngineed ng\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc officers , directors , partners , employees , agents , and 5 .08 Receipt and Application of Insurance other consultants and subcontractors of each and any Proceeds i of them for all losses and damages caused by, arising A An insured loss under the policies of out of or resulting from any of the perils or causes of insurance required by paragraph 5 .06 will be adjusted loss covered by such policies and any other property able to OWNER as ' insurance applicable to the Work; and , in addition , with fiduciary Iforthe insureds ,Rand made Pas their interests may waive all such rights against Subcontractors , ENGINEER, ENGINEER's Consultants , and all other appear, subject to the requirements of any applicable individuals or entities identified in the Supplementary mortgage deposit guse and of n a separate account araph ny money so ' . B . OWNER Conditions to be listed as insureds oadditional shall insureds (and the officers , directors , partners , received and shall distribute it in accordance with such employees , agents , and other consultants and agreement as the parties in interest may damaged each , If no subcontractors of each and any of them) under such other special agreement is reached , the moneys so ' policies for losses and damages so caused . None of Work shall bed onrepaired or replaced ,hereof, and the Work the above waivers shall extend to the rights that any received applied parry making such waiver may have to the proceeds and the cost thereof covered y otherotherwise Change Order or Written Amendment, an appropriate of insurance held by OWNER as trustee o payable under any policy so issued . B . OWNER as fiduciary shall have power to rers unless one B . OWNER waives all rights against adjust and of the partiestienterest shall object nany loss with the uwrting within 15 CONTRACTOR, Subcontractors , ENGINEER, ENGINEER' s Consultants , and the officers , directors , days after the occurrence of loss to OWNER's partners , employees , agion be made , ents , and other consultants OWNER ascise of tfiducary shall make shis power. if such ettletment with he and subcontractors of each and any of them for: insurers in accordance with such agreement as the 1 , loss due to business interruption , loss parties in interest mamong te ay reach . If no such agreement as of use , or other consequential loss extending fid c aryh shapftiadjust nand ssettle athe loses in iteret is reched , OsWwi hRthe o beyond direct physical loss 9 OWNER' s property or the Work caused by, insurers and , if required in writing by any parry in arising out of, or resulting from fire or other peril interest, O o NER a of such as fiduciary sh .11 give bond for the ' whether or not insured by OWNER; and proper P 2 , loss or damage to the completed Pro- 5 .Og Acceptance of Bonds and Insurance; Option ject or part thereof caused by, arising out of, or to Replace resulting from fire or other insured peril or A If either OWNER or CONTRACTOR has any cause of loss covered by any propertyafforded by or insurance maintained on the completed Project s ojnst1 of toon the Bondsor coverage insurance required other to or part thereof by OWNER during partial utilization pursuant to paragraph 14 .05 , after purchased and maintained by the other party in accor- Substantial Completion pursuant to paragraph dance with Article 5 cu the basis of non-conformance party shall or14 .04 , or after final payment pursuant to with the Contract Docum n w�itin objecting h n10 days after paragraph 14 .07 . re notify the other parry ' 9 receipt of the certificates (or other evidence . OWNER C . Any insurance policy maintained ue OWNER oss and CONTRACTORested) required bshall paragraph prov deCto the other ' covering any loss , damage or consequerespect referred to in paragraphf shall contain on payment providedsuch dals the otheratmay � reasonablyorequest insurancef the event o provisions to the effect that In arty any such loss , damage , or consequential loss , the either P does not purchase or maintain all of the s and ired of by ' insurers will have no rights of recoveryagainst or Cont act Documentsesuch uparty shallcnotifyh a othee CONTRACTOR, Subcontractors , ENGINEER's Consultants and the officers , directors , party in writing of such failure to purchase prior to the of the or such to partners , employees , agents , and other consultants st prejudice rt change or ,the f required failure cove age maintain priortWithout and subcontractors of each and any of them . to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of 00700- 19 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc the party who was required to provide such coverage , 6 .02 Labor; Working Hours ' and a Change Order shall be issued to adjust the A. CONTRACTOR shall provide competent, Contract Price accordingly, suitably qualified personnel to survey, lay out, and 5 . 10 Partial Utilization, Acknowledgment of construct the Work as required by the Contract Docu- ments . CONTRACTOR shall at all times maintain Property Insurer good discipline and order at the Site . A. If OWNER finds it necessary to occupy or use B Except as otherwise required for the safety or ' a portion or portions of the Work prior to Substantial rotection of persons or the Work or property at the Completion of all the Work as provided in paragraph Site or adjacent thereto , and except as otherwise 14 .05 , no such use or occupancy shall commence nce stated in the Contract Documents , all Work at the Site before the insurers providing the property i shall be erformed during regular working hours , and pursuant to paragraph 5 .06 have acknowledged notice CONTRACTOR will not permit overtime work or the thereof and in writing effected any changes in cover- erformance of Work on Saturday, Sunday, or any age necessitated thereby. The insurers providing the legal holiday without OWNER's written consent (which property insurance shall consent by endorsement on 9 y ' the policy or policies , but the property insurance shall f written notice nreasENonably withheld ) given after prior not be canceled or permitted to lapse on account any such partial use or occupancy. 6 .03 Services, Materials, and Equipment ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES A, Unless otherwise specified in the General Re- quirements , CONTRACTOR shall provide and 6 . 01 Supervision and Superintendence assume full responsibility for all services , materials equipment, labor, transportation , construction liances , fuel , A. CONTRACTOR shall supervise , inspect, and ernlight heatent and , water, sanitary facilities , achinery, tools , app direct the Work competently and efficiently, devoting power, such attention thereto and applying such skills and temporary facilities , and all other facilities and incidentals necessary for the performance , testing , expertise as may be necessary to perform the Work in start-u , and completion of the Work . accordance with the Contract Documents . CON- P TRACTOR shall be solely responsible for the means , B All materials and equipment incorporated into methods , techniques , sequences , and procedures of the Work shall be as specified or, if not specified , shall construction , but CONTRACTOR shall not belity and new, except as otherwise qua responsible for the negligence of OWNER or be of intheCont act Documents . All warranties ENGINEER in the design or specification of a specific provided means , method , technique , sequence , or procedure of and shall expressly run to called benefit o OWNER, r construction which is shown or indicated in and re wired b ENGINEER, CONTRACTOR shall furnish expressly required by the Contract Documents . CON - q y TRACTOR shall be responsible to s the Contract test) asory to the sou ce , kind , landrquafty f materials completed Work complies accurately withand equipment. All materials and equipment shall be Documents . stored , applied , installed , connected , erected , B . At all times during the progress of the Work, protected , used , cleaned , and conditioned in CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced Su°PP�aern except as othwith erwisemays of tapplicablehe may be provided in the without written notice to OWNER and ENGINEER Contract Documents . except under extraordinary circumstances . The 6 . 04 Progress Schedule R superintendent will be CONTRACTORS representative at the Site and shall have authority to A. CONTRACTOR shall adhere to the progress act on behalf of CONTRACTOR. All communications in given to or received from the superintendent shall be 207dase iestablished sm ysbedadjusted accordance to timeas ' binding on CONTRACTOR . provided below. 00700-20 0386- 00700 - General Conditions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc t1 . CONTRACTOR shall submit to the design concept of the completed Project ENGINEER for acceptance (to the extent indi- as a functioning whole, and ; ' cated in paragraph 2 . 07 ) proposed adjustments in the progress schedule that will not result in b . CONTRACTOR certifies that: (i ) changing the Contract Times (or Milestones ) . there is no increase in cost to the OWNER; Such adjustments will conform generally to the and (ii) it will conform substantially, even progress schedule then in effect and additional- with deviations , to the detailed requirements ly will comply with any provisions of the General of the item named in the Contract Requirements applicable thereto . Documents . ' 2 . Proposed adjustments in the 2 . Substitute Items progress schedule that will change the Contract Times (or Milestones ) shall be submitted in a . If in ENGINEER's sole discretion an ' accordance with the requirements of Article 12 , item of material or equipment proposed by Such adjustments may only be made by a CONTRACTOR does not qualify as an Change Order or Written Amendment in accor- "or-equal" item under paragraph 6 .05 .A. 1 , it ' dance with Article 12 . will be considered a proposed substitute item . 6 . 05 Substitutes and "Or-Equals " b . CONTRACTOR shall submit suffi- A. Whenever an item of material or equipment is cient information as provided below to allow specified or described in the Contract Documents by ENGINEER to determine that the item of using the name of a proprietary item or the name of a material or equipment proposed is particular Supplier, the specification or description is essentially equivalent to that named and an intended to establish the type , function , appearance , acceptable substitute therefor. Requests for and quality required . Unless the specification or review of proposed substitute items of description contains or is followed by words reading material or equipment will not be accepted that no like , equivalent, or "or-equal" item or no by ENGINEER from anyone other than substitution is permitted , other items of material or CONTRACTOR. equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the c. The procedure for review by ENGI- circumstances described below. NEER will be as set forth in paragraph 6 .05 .A.2 . d , as supplemented in the General 1 . "Or-Equal" Items: If in ENGINEER's Requirements and as ENGINEER may ' sole discretion an item of material or equipment decide is appropriate under the proposed by CONTRACTOR is functionally circumstances . equal to that named and sufficiently similar so that no change in related Work will be required , d . CONTRACTOR shall first make it may be considered by ENGINEER as an written application to ENGINEER for review "or-equal" item , in which case review and of a proposed substitute item of material or approval of the proposed item may, in equipment that CONTRACTOR seeks to ' ENGINEER's sole discretion , be accomplished furnish or use . The application shall certify without compliance with some or all of the that the proposed substitute item will requirements for approval of proposed substi- perform adequately the functions and tute items . For the purposes of this paragraph achieve the results called for by the general 6 .05 .A. 1 , a proposed item of material or design , be similar in substance to that equipment will be considered functionally equal specified , and be suited to the same use as to an item so named if: that specified . The application will state the extent, if any, to which the use of the pro- a , in the exercise of reasonable posed substitute item will prejudice judgment ENGINEER determines that: (i ) it CONTRACTOR's achievement of Substan- is at least equal in quality, durability, tial Completion on time , whether or not use appearance , strength , and design of the proposed substitute item in the Work characteristics ; (ii ) it will reliably perform at will require a change in any of the Contract least equally well the function imposed by Documents (or in the provisions of any other direct contract with OWNER for work on the 00700-21 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc Project) to adapt the design to the proposed paragraphs 6 .05 .A.2 and 6 .05 . 13 and in making substitute item and whethr or not changes oeed substi- provisonsIof any otherContract directt cont ents (or in the incorporation or use of the propopract with OWNER ' tute item in connection with the Work is sub- for rwtrENGINEERProject) approves a substitute m soepror the ject to payment of any license fee or royalty. o All variations of the proposed substitute posed or submitted by CONTRACTOR, CON - item from that specified will be identified in of TRACTOR shall reimburse and ENGINEER's for the Consultants rges for the application , and available engineering , sales , maintenance , repair, and evaluating each such proposed substitute . ' replacement services will be indicated . The F . CONTRACTOR's Expense: CONTRACTOR application will also contain an itemized estiin support of any- shall mate of all costs or credits that willresult reuch substitute oreora-Iequalaat CONTRACTOR's expensed usedirectly or indirectly from substitute item , including costs of redesign Concerning Subcontractors, Suppliers, and claims of other contractors affected by 6 .06 g any resulting change , all of which will be and Others t considered by ENGINEER in evaluating the A. CONTRACTOR shall not employ any Proposed substitute item . ENGINEER may require CONTRACTOR to furnish additional Subcontractor, Supplier, or other individual or entity data about the proposed substitute item . (including those acceptable to OWNER as indicated in paragraph 6 .06 . 13) , whether initially or as a whom OWNER may B . Substitute Construction Methods or hod technique , reasonable {objection , CONTRACTOR shall notbve e duress If a specific means , met qy any Supplier, or quence , or procedure of construction structi n is the Contract other requirnd individual oto r or entity to furnishor perform any of indicated in and expressly q Documents , CONTRACTOR may furnish or utilize a the Work against whom CONTRACTOR has reason- substitute means , method , technique , sequence, or able objection , procedure of construction approved by ENGINEER. B . If the Supplementary Conditions require the CONTRACTOR shall submit sufficient information to Suppliers , or other identi of certain Subcontractors , Supp allow ENGINEER, in ENGINEER's sole discretion , to tY in determine that the substitute proposed cequivalent to ) foorracceptance by OWNER by a sp cfied that expressly called for by the Contract Documents . advanceDate of the The procedure for review by ENGINEER will be similar dateCONTRACTOR has Effective DA ssubmitted alist thereof in to that provided in subparagraph 6 .05 .A.2 . accordance with the Supplementary Conditions , R's acceptance in C . Engineer's Evaluation: ENGINEER will OmakeEwritten objection eto by Ithe date or y indicated failing to allowed a reasonable time within which to evaluatefor acceptance or objection in the Bidding Documents r each proposal or submittal made pursuant to para- P of any graphs 6 .05 .A and 6 .05 . 13 . ENGINEER will be the or the Contraetr' Doo�uo{her) individualsorhentity o o sole judge of acceptability. No "or-equal" or substitute tractor, Supp will be ordered , installed or utilized until ENGINEER's b Na objeidenction on afte ified may b due vinvestigat on , CONTRACTOR review is complete , which will be evil y shall submit an acceptable replacement for the Change Order for a substitute or an approved Shop j tier, or other individual or Drawing for an or equal . ENGINEER will advise re ectean the Contract SP ice will be adjusted by the r CONTRACTOR in writing of any negative difference in the cost occasioned by such determination , replacement, and an appropriate Change Order will be D . Special Guarantee: OWNER may require by ed or Wrlotf Am a dmentch sig Subcontractor,No accpptan o CONTRACTOR to furnish at CONTRACTOR's ex- Y pense a special performance guarantee or other �eplacemenindivitushallal rconsttwhether initially or as a ute a waiver of any right of surety with respect to any substitute . E . ENGINEER 's Cost Reimbursement: OWNER or ENGINEER to reject defective Work . ' C . CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER's Consultants in evaluating substitute the Subcontractors , Suppliers , and other individuals or proposed or submitted by CONTRACTOR pursuant to 00700-22 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' entities performing or furnishing any of the Work just forms to be signed by any Subcontractor or Supplier, as CONTRACTOR is responsible for CONTRACTOR will obtain the same . CONTRACTOR's own acts and omissions . Nothing in the Contract Documents shall create for the benefit of 6 . 07 Patent Fees and Royalties any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER A. CONTRACTOR shall pay all license fees and or ENGINEER and any such Subcontractor, Supplier royalties and assume all costs incident to the use in or other individual or entity, nor shall it create any the performance of the Work or the incorporation in obligation on the part of OWNER or ENGINEER to the Work of any invention , design , process , product, ' pay or to see to the payment of any moneys due any or device which is the subject of patent rights or such Subcontractor, Supplier, or other individual or copyrights held by others . If a particular invention , entity except as may otherwise be required by Laws design , process , product, or device is specified in the and Regulations . Contract Documents for use in the performance of the ' Work and if to the actual knowledge of OWNER or D . CONTRACTOR shall be solely responsible ENGINEER its use is subject to patent rights or for scheduling and coordinating the Work of Subcon- copyrights calling for the payment of any license fee or tractors , Suppliers , and other individuals or entities royalty to others , the existence of such rights shall be performing or furnishing any of the Work under a disclosed by OWNER in the Contract Documents . To direct or indirect contract with CONTRACTOR. the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and hold harmless E . CONTRACTOR shall require all Subcontrac- OWNER, ENGINEER, ENGINEER's Consultants , and tors , Suppliers , and such other individuals or entities the officers , directors , partners , employees or agents , performing or furnishing any of the Work to commu- and other consultants of each and any of them from nicate with ENGINEER through CONTRACTOR . and against all claims , costs , losses , and damages (including but not limited to all fees and charges of F . The divisions and sections of the Specifica- engineers , architects , attorneys , and other tions and the identifications of any Drawings shall not professionals and all court or arbitration or other ' control CONTRACTOR in dividing the Work among dispute resolution costs ) arising out of or relating to Subcontractors or Suppliers or delineating the Work to any infringement of patent rights or copyrights incident be performed by any specific trade . to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , G . All Work performed for CONTRACTOR by a design , process , product, or device not specified in the Subcontractor or Supplier will be pursuant to an Contract Documents . appropriate agreement between CONTRACTOR and ' the Subcontractor or Supplier which specifically binds 6 . 08 Permits the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the A. Unless otherwise provided in the Supple- benefit of OWNER and ENGINEER. Whenever any mentary Conditions , CONTRACTOR shall obtain and such agreement is with a Subcontractor or Supplier pay for all construction permits and licenses . OWNER who is listed as an additional insured on the property shall assist CONTRACTOR, when necessary, in insurance provided in paragraph 5.06, the agreement obtaining such permits and licenses . CONTRACTOR between the CONTRACTOR and the Subcontractor shall pay all governmental charges and inspection or Supplier will contain provisions whereby the fees necessary for the prosecution of the Work which Subcontractor or Supplier waives all rights against are applicable at the time of opening of Bids , or, if ' OWNER, CONTRACTOR, ENGINEER, ENGINEER's there are no Bids , on the Effective Date of the Consultants , and all other individuals or entities Agreement. CONTRACTOR shall pay all charges of identified in the Supplementary Conditions to be listed utility owners for connections to the Work , and as insureds or additional insureds (and the officers , OWNER shall pay all charges of such utility owners directors , partners , employees , agents , and other for capital costs related thereto , such as plant consultants and subcontractors of each and any of investment fees . them ) for all losses and damages caused by, arising out of, relating to , or resulting from any of the perils or 6 . 09 Laws and Regulations causes of loss covered by such policies and any other property insurance applicable to the Work . If the A. CONTRACTOR shall give all notices and insurers on any such policies require separate waiver comply with all Laws and Regulations applicable to the performance of the Work . Except where otherwise 00700-23 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc ' expressly required by applicable Laws and 2 . Should any claim be made by any Regulations , neither OWNER nor ENGINEER shall be such owner or occupant because of the ' responsible for monitoring CONTRACTOR's compli- performance of the Work , CONTRACTOR shall ance with any Laws or Regulations . promptly settle with such other party by negotiation or otherwise resolve the claim by ' B . If CONTRACTOR performs any Work know- arbitration or other dispute resolution ing or having reason to know that it is contrary to Laws proceeding or at law. or Regulations , CONTRACTOR shall bear all claims , costs , losses , and damages ( including but not limited 3 . To the fullest extent permitted by to all fees and charges of engineers , architects , Laws and Regulations , CONTRACTOR shall attorneys , and other professionals and all court or indemnify and hold harmless OWNER, arbitration or other dispute resolution costs ) arising out ENGINEER, ENGINEER's Consultant, and the of or relating to such Work ; however, it shall not be officers , directors , partners , employees , agents , ' CONTRACTOR's primary responsibility to make and other consultants of each and any of them certain that the Specifications and Drawings are in from and against all claims , costs , losses , and accordance with Laws and Regulations , but this shall damages (including but not limited to all fees not relieve CONTRACTOR of CONTRACTOR Is and charges of engineers , architects , attorneys , obligations under paragraph 3 . 03 . and other professionals and all court or arbitration or other dispute resolution costs) C . Changes in Laws or Regulations not known at arising out of or relating to any claim or action , the time of opening of Bids (or, on the Effective Date legal or equitable , brought by any such owner of the Agreement if there were no Bids ) having an or occupant against OWNER, ENGINEER, or effect on the cost or time of performance of the Work any other party indemnified hereunder to the may be the subject of an adjustment in Contract Price extent caused by or based upon or Contract Times , If OWNER and CONTRACTOR CONTRACTOR's performance of the Work. are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a B . Removal of Debris During Performance of the Claim may made therefor as provided in paragraph Work: During the progress of the Work CONTRAC- 10 .05 . TOR shall keep the Site and other areas free from accumulations of waste materials , rubbish , and other 6 . 10 Taxes debris . Removal and disposal of such waste materi- als , rubbish , and other debris shall conform to applica- A. CONTRACTOR shall pay all sales , consum - ble Laws and Regulations . er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and C . Cleaning: Prior to Substantial Completion of Regulations of the place of the Project which are the Work CONTRACTOR shall clean the Site and applicable during the performance of the Work . make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from 6 . 11 Use of Site and Other Areas the Site all tools , appliances , construction equipment and machinery, and surplus materials and shall A. Limitation on Use of Site and Other Areas restore to original condition all property not designated for alteration by the Contract Documents . 1 . CONTRACTOR shall confine construction equipment, the storage of D . Loading Structures: CONTRACTOR shall not ' materials and equipment, and the operations of load nor permit any part of any structure to be loaded workers to the Site and other areas permitted in any manner that will endanger the structure, nor by Laws and Regulations , and shall not shall CONTRACTOR subject any part of the Work or unreasonably encumber the Site and other adjacent property to stresses or pressures that will areas with construction equipment or other endanger it. materials or equipment. CONTRACTOR shall assume full responsibility for any damage to 6 . 12 Record Documents any such land or area , or to the owner or occupant thereof, or of any adjacent land or A. CONTRACTOR shall maintain in a safe place areas resulting from the performance of the at the Site one record copy of all Drawings , Specifica- Work . tions , Addenda , Written Amendments , Change Orders , Work Change Directives , Field Orders , and 00700-24 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc order indirectly, in whole or in part, to the fault or negligence written interpretations and clarifications in good Supplier, or and annotated to show changes mo e during h other indivof vidual or ntity directly or indirectly employed ' construction . These record documents9with of them ) . CONTRACTOR's duties and all approved Samples and a counterpart of all by an Y approved Shop Drawings will be available to ENGI- Work shalltc these record documents , Samples , ontinue until s ies for safety ch time as all the Work s ' NEER for reference . Upon completion of nd Shp completed and ENGINEER has issued a notice to NER nd or nce with Drawings will be delivered to ENGINEER for OWNER. paragraph ar g apha 4 .07 gN thatC the in ithe accept acceptable ' 6 . 13 Safety and Protection (except as otherwise expressly provided in connection with Substantial Completion) , A. CONTRACTOR shall be solely responsible' 61 4 Safety Representative for initiating , maintaining and supervising all safety precautions and programs in connection with the A. CONTRACTOR shall designate a qualified Work . CONTRACTOR shall take all necessary and precautions for the safety of, and shall provide loss whosed uties a and feresponsibilitiestivtS theshall he the ' necessary protection to prevent damage , injury prevention of accidents and the maintaining and to : supervising of safety precautions and programs . ' 1 , all persons on the Site or who may 6 . 15 Hazard Communication Programs be affected by the Work; 2 . all the Work and materials and equip- A. CONTRACTOR shall be responsible for ment to be incorporated therein , whether in sheets or other hazard exchangecoordinating any communication information f Site h storage on or off the ; and 9 required to be made available to or exchanged be- at the Site or adjacent be- tween or among employers at the Site in accordance ' 3 , other property thereto , including trees , shrubs , lawns , walks , with Laws or Regulations , pavements , roadways , structures , utilities , and Underground Facilities not designated for 6 . 16 Emergencies ' removal , relocation , or replacement in the A. In emergencies affecting the safety or protec- course of construction . tion of persons or the Work or property at the Site or B . CONTRACTOR shall comply with all applica- adjacent thereto, CONTRACTOR is obligatedprevent acct so ble Laws and Regulations relating to the safety of prevent threatened damage , injury,prompt written persons or property, or to the protection of persons or CONTRACTOR shall give ENGINEER anysignificant property from damage , injury, or loss ; and shall erect noticechangif CnO T Work or RAC believes liations from he ICont act ' and maintain all necessary safeguards for such safety ments have been caused thereby or are and protection . CONTRACTOR shall notify owners of D a result thereof. if ENGINEER determines that a adjacent property and of Underground Faents is in the cilities andother utility owners when prosecution i h themhe in nnay the causes of he action taken uby CONTRACTORinn affect them , and shall cooperatech an protection , removal , relocation , and replacement any D rpon a or Change Order�wilgl be ssued .Work Change their property. All damage , Injury, or loss' property referred to in paragraph 6 . 13 .A.2 or 6 . 13 .A.3 6 17 Shop Drawings and Samples caused , directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any A. CONTRACTOR shall submit Shop Drawings other individual or entity directly or indirectly employed approval in accordance ' by any of them to perform any of the hbe liable ,o shall one be withto the acceptable ptable schedule oER for review and Shop Drawings and for whose acts any o Yle submittals . All submittals will be identified as remedied by CONTRACTOR (except damage or loss Sample re uire and in the number of copies attributable to the fault of Drawings or Specifications ENGINEER may q or to the acts or omissions of OWNER or ENGINEER specified in the GeneDrawings �a�ReSu;INre betcomplete data or ENGINEER's Consultant, or anyone employed by shown on the Shop g specified perfor- any of them , or anyone f t whose a attributable , any directly themcts of respect mance tand design to lcriteria , materials , and similar data may be liable , and not 00700-25 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' to show ENGINEER the services , materials , and 2 . Each submittal shall bear a stamp or equipment CONTRACTOR proposes to provide and specific written indication that CONTRACTOR ' to enable ENGINEER to review the information for the has satisfied CONTRACTOR's obligations limited purposes required by paragraph 6 . 17 . E . under the Contract Documents with respect to CONTRACTOR's review and approval of that B . CONTRACTOR shall also submit Samples to submittal . - ENGINEER for review and approval in accordance with the acceptable . schedule of Shop Drawings and 3 . At the time of each submittal , CON Sample submittals . Each Sample will be identified TRACTOR shall give ENGINEER specific ' clearly as to material , Supplier, pertinent data such as written notice of such variations , if any, that the catalog numbers , and the use for which intended and Shop Drawing or Sample submitted may have otherwise as ENGINEER may require to enable ENGI- from the requirements of the Contract NEER to review the submittal for the limited purposes Documents , such notice to be in a written com- ' required by paragraph 6 . 17 . E . The numbers of each munication separate from the submittal ; and , in Sample to be submitted will be as specified in the addition , shall cause a specific notation to be Specifications . made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of C . Where a Shop Drawing or Sample is required each such variation . by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- E . ENGINEER 's Review NEER as required by paragraph 2 .07 , any related Work performed prior to ENGINEER's review and 1 . ENGINEER will timely review and approval of the pertinent submittal will be at the sole approve Shop Drawings and Samples in expense and responsibility of CONTRACTOR. accordance with the schedule of Shop Drawings and Sample submittals acceptable to D . Submittal Procedures ENGINEER. ENGINEER's review and approval will be only to determine if the items ' 1 . Before submitting each Shop covered by the submittals will , after installation Drawing or Sample , CONTRACTOR shall have or incorporation in the Work , conform to the determined and verified : information given in the Contract Documents ' and be compatible with the design concept of a . all field measurements , quantities , the completed Project as a functioning whole as dimensions , specified performance criteria , indicated by the Contract Documents . installation requirements , materials , catalog numbers , and similar information with 2 . ENGINEER's review and approval respect thereto ; will not extend to means , methods , techniques , sequences , or procedures of construction ' b , all materials with respect to intended (except where a particular means , method , use , fabrication , shipping , handling , storage , technique, sequence , or procedure of con- assembly, and installation pertaining to the struction is specifically and expressly called for performance of the Work; by the Contract Documents) or to safety precautions or programs incident thereto . The c. all information relative to means , review and approval of a separate item as such methods , techniques , sequences , and will not indicate approval of the assembly in procedures of construction and safety which the item functions . precautions and programs incident thereto ; and 3 . ENGINEER's review and approval of Shop Drawings or Samples shall not relieve ' d . CONTRACTOR shall also have CONTRACTOR from responsibility for any reviewed and coordinated each Shop variation from the requirements of the Contract Drawing or Sample with other Shop Documents unless CONTRACTOR has in Drawings. and Samples and with the writing called ENGINEER's attention to each ' requirements of the Work and the Contract such variation at the time of each submittal as Documents . required by paragraph 6 . 17 . D .3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof 00700-26 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions . doc incorporated in or accompanying the Shop 2 , recommendation by ENGINEER or Drawing or Sample approval ; nor will any a ment by OWNER of any progress or final approval by ENGINEER relieve CON - pay ay ent; TRACTOR from responsibility for complying P Ym with the requirements of paragraph 6 . 17 . D . 1 . 3 , the issuance of a certificate of Sub- F . Resubmittal Procedures stantial Completion by ENGINEER or any payment related thereto by OWNER; ' 1 . CONTRACTOR shall make correc- 4 , use or occupancy of the Work or any tions required by ENGINEER and shall return art thereof by OWNER; the required number of corrected copies of P Shop Drawings and submit as required new 5 , any acceptance by OWNER or any ' Samples for review and approval . CON- failure to do so; TRACTOR shall direct specific attention in writing to revisions other than the corrections 6 . any review and approval of a Shop called for by ENGINEER on previous Drawing or Sample submittal or the issuance of submittals . a notice of acceptability by ENGINEER; 6 . 18 Continuing the Work 7 , any inspection , test, or approval by ' A. CONTRACTOR shall carry on the Work and others ; or adhere to the progress schedule during all disputes or 8 , any correction of defective Work by ' disagreements with OWNER. No Work shall be OWNER, delayed or postponed pending resolution of any disputes or disagreements , except as permitted by paragraph 15 .04 or as OWNER and CONTRACTOR 6 .20 Indemnification may otherwise agree in writing . A, To the fullest extent permitted by Laws and OR shall indemnify and hold 6 . 19 CONTRACTOR 'S General Warranty and hargmlessOWNER,ns , CTENGINEER, ENGINEERs ' Guarantee Consultants , and the officers , directors , partners , ther ants and A. CONTRACTOR warrants and 's arantees to Consultants subcontractors gof teach nand oany of them t from and OWNER , ENGINEER, and ENGINEERs Co losses , and damages that all Work will be in accordance with the Contract agciudin ainsalbut Inot limitedtto all fees and charges of ' Documents and will not be defective . (including and other architects , attorneys , CONTRACTOR's warranty and guarantee hereunder engineers , professionals and all court or arbitration or other excludes defects or damage caused by: dispute resolution costs) arising out of or relating to abuse , modification , or improper the performance of the Work , provided that any such maintenance or operation by persons ontracto er claim , cost, loss , or damage : than CONTRACTOR, 1 . is attributable to bodily injury, Suppliers , or any other individual or entity for sickness , disease , or death , or to injury to or whom CONTRACTOR is responsible ; or destruction of tangible property (other than the ' 2 . normal wear and tear under normal Work itself) , including the loss of use resulting therefrom ; and usage . 2 , is caused in whole or in part by any ' B . CONTRACTOR's obligation to perform and negligent act or omission of CONTRACTOR, complete the Work in accordance with the Contract acttractor, any Supplier, or any Documents shall be absolute . None of the following individual or entity directly or indirectly will constitute an acceptance of Work that is not in employedalb an entity them to perform any of the ' accordance with the Contract Documents or a release Work or anyone for whose acts any of them of CONTRACTOR' s obligation to perform the Work in may be liable , regardless of whether or not accordance with the Contract Documents : caused in part by any negligence or omission of observations by ENGINEER; an individual or entity indemnified hereunder or 00700-27 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' whether liability is imposed upon such indemni- amount or extent, if any, of any adjustment in fied party by Laws and Regulations regardless the Contract Price or Contract Times that ' of the negligence of any such individual or should be allowed as a result of such other entity. work , a Claim may be made therefor as provided in paragraph 10 .05 . B . In any and all claims against OWNER or ' ENGINEER or any of their respective consultants , B . CONTRACTOR shall afford each other agents , officers , directors , partners , or employees by contractor who is a party to such a direct contract and any employee (or the survivor or personal each utility owner (and OWNER, if OWNER is per- representative of such employee) of CONTRACTOR, forming the other work with OWNER's employees) any Subcontractor, any Supplier, or any individual or proper and safe access to the Site and a reasonable entity directly or indirectly employed by any of them to opportunity for the introduction and storage of perform any of the Work, or anyone for whose acts materials and equipment and the execution of such ' any of them may be liable , the indemnification other work and shall properly coordinate the Work with obligation under paragraph 6 .20 .A shall not be limited theirs . Unless otherwise provided in the Contract in any way by any limitation on the amount or type of Documents , CONTRACTOR shall do all cutting , damages , compensation , or benefits payable by or for fitting , and patching of the Work that may be required CONTRACTOR or any such Subcontractor, Supplier, to properly connect or otherwise make its several or other individual or entity under workers' compen- parts come together and properly integrate with such sation acts , disability benefit acts , or other employee other work . CONTRACTOR shall not endanger any benefit acts . work of others by cutting , excavating , or otherwise altering their work and will only cut or alter their work C . The indemnification obligations of CON- with the written consent of ENGINEER and the others ' TRACTOR under paragraph 6 .20 .A shall not extend to whose work will be affected . The duties and the liability of ENGINEER and ENGINEER's responsibilities of CONTRACTOR under this Consultants or to the officers , directors , partners , paragraph are for the benefit of such utility owners and employees , agents , and other consultants and other contractors to the extent that there are ' subcontractors of each and any of them arising out of: comparable provisions for the benefit of CONTRACTOR in said direct contracts between 1 . the preparation or approval of, or the OWNER and such utility owners and other ' failure to prepare or approve , maps , Drawings , contractors . opinions , reports , surveys , Change Orders , designs , or Specifications ; or C . If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- 2 . giving directions or instructions , or formed by others under this Article 7 , CONTRACTOR failing to give them , if that is the primary cause shall inspect such other work and promptly report to of the injury or damage . ENGINEER in writing any delays , defects , or deficien- cies in such other work that render it unavailable or ' unsuitable for the proper execution and results of ARTICLE 7 - OTHER WORK CONTRACTOR's Work . CONTRACTOR's failure to so report will constitute an acceptance of such other ' work as fit and proper for integration with 7 .01 Related Work at Site CONTRACTOR's Work except for latent defects and deficiencies in such other work . ' A. OWNER may perform other work related to the Project at the Site by OWNER's employees , or let 7 . 02 Coordination other direct contracts therefor, or have other work performed by utility owners . If such other work is not A. If OWNER intends to contract with others for ' noted in the Contract Documents , then : the performance of other work on the Project at the Site , the following will be set forth in Supplementary 1 . written notice thereof will be given to Conditions : CONTRACTOR prior to starting any such other work; and 1 . the individual or entity who will have authority and responsibility for coordination of 2 . if OWNER and CONTRACTOR are the activities among the various contractors will unable to agree on entitlement to or on the be identified ; 00700-28 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc 8 . 06 Insurance 2 , the specific matters to be covered by such authority and responsibility will be A. OWNER's responsibilities , if any, in respect to itemized ; and purchasing and maintaining liability and property insur- ance are set forth in Article 5 . ' 3 , the extent of such authority and 8 , 07 Change Orders responsibilities will be provided . B . Unless otherwise provided in the A. OWNER is obligated to execute Change ' Supplementary Conditions , OWNER shall have sole Orders as indicated in paragraph 10 .03 . authority and responsibility for such coordination . 8 ,08 Inspections, Tests, and Approvals ' ARTICLE 8 - OWNER' S RESPONSIBILITIES A. OWNER's responsibility in respect to certain inspections , tests , and approvals is set forth in paragraph 13 . 03 . B . ' 8 .01 Communications to Contractor 8 .09 Limitations on OWNER 's Responsibilities A. Except as otherwise provided in these direct General Conditions , OWNER shall issue all communi- A. The OWNER shall n' authority over, nor be responsible for,cations to CONTRACTOR through ENGINEER . CONTRACTOR's techniq ues , se- 8 .02 Replacement of ENGINEER quences , or procedures of construction , or the safety precautions and programs incident thereto , or for any A. In case of termination of the employment of failure of CONTRACTOR to comply with Laws and ENGINEER, OWNER shall ' int an engineer Regulations applicable to the rmance f whom CONTRACTOR makesreasonable WorOR willnobe responsible for ilure to perform objection , whose status theformer ENGINEER. accordance CONTRACTOR'oaOtheaContract Documents .he Work In Documents shall be that ofhe ' 8 . 03 Furnish Data 8 . 10 Undisclosed Hazardous Environmental Condition A. OWNER shall promptly furnish the data A. OWNER's responsibility in respect to an required of OWNER under the Contract Documents . undisclosed Hazardous Environmental Condition is 8 . 04 Pay Promptly When Due set forth in paragraph 4 . 06 . ' A. OWNER shall make payments to CONTRAC- 8 . 11 Evidence of Financial Arrangements TOR promptly when they are due as provided in A. If and to the extent OWNER has agreed to paragraphs 14 . 02 . 0 and 14 .07 . C . furnish CONTRACTOR reasonable evidence that ' 8 .05 Lands and Easements; Reports and Tests financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents , A. OWNER's duties in respect of providing lands OWNER's responsibility in respect thereof will be as ' and easements and providing engineering surveys to set forth in the Supplementary Conditions , establish reference points are set forth in paragraphs 4 .01 and 4 .05 . Paragraph 4 .02 refers to OWNER's ' ARTICLE 9 - ENGINEER' S STATUS DURING identifying and making available to CONTRACTOR copies of reports of explorations and tests of CONSTRUCTION subsurface conditions and drawings of physical conditions in or relating to existing surface or ' subsurface structures at or contiguous to the Site that 9 . 01 OWNER 'S Representative have been utilized by ENGINEER in preparing the A. ENGINEER will be OWNER's representative Contract Documents . during the construction period . The duties and responsibilities and the limitations of authority of 00700-29 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ENGINEER as OWNER' s representative during such other individual or entity will be as provided in the construction are set forth in the Contract Documents Supplementary Conditions , and will not be changed without written consent of 9 ,04 Clarifications and Interpretations OWNER and ENGINEER . A. ENGINEER will issue with reasonable ' 9 .02 Visits to Site promptness such written clarifications or interpreta- A. ENGINEER will make visits to the Site at tions of the e- as ENGINEER may require dee,mine necnts of the essaryDocuments which shall intervals appropriate to the various stages of construreasonably tion as ENGINEER deems necessary in ordesi observe as an experienced and qualified 9to referable consistent the ltContract h the ntent of d Documents Such written tions and ll be binding on professional the progress that has been made and the OWNER and CONTRACTOR. if I If OWNER and CON- quality of the various aspects of CONTRACTOR'srititlement to on executed Work . Based on informENGINEER,ation nfor t e amounnted TRACTOR aorr extent, f any, of any a re unable to agree on e during such visits and obstract djustment inrthe ervations , or both that shou the benefit of OWNER, .will dete mine with the Conin general , benallowed l as aCesultcofla written clarification or the Work is proceeding interpretation , a Claim may be made therefor as tract Documents . ENGINEER will not be required to rov ded in paragraph 10 .05 . make exhaustive or continuous inspections on the p Site to check the quality or quantity of the Work . 9 05 Authorized Variations in Work ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the A. ENGINEER may authorize minor variations in completed Work will conform generally to the Contract the Work rom he uirements of the ' Documents . On the basis of such visits reformed Documents which whichtdo not involve an adjustment Contract nrthe observations , ENGINEER will keep OWNER Price or the Contract Times and are of the progress of the Work and will endeavor to guard blenwitht he design concept of the completed Project ' OWNER against defective Work . as a functioning whole as indicated by the Contract B . ENGINEER's visits and observations Ordernand will hese may be be binding oncOWNIER andyalsoField on subject to all the limitations on ENGINE 9 10 , and CONTRACTOR, who shall perform the Work Involved and responsibility set forth in paragraph particularly, but without limitation , during or as a result promptly. If OWNER and CONTRACTOR are unable of ENGINEER's visits or observations i s ne If any of ane on ytitaed ent to ustment ron the in the Contract oPrice or CONTRACTOR's Work ENGINEER will Contract Times , or both ield supervise , direct, control , or have authority over or be , as a result of a rove Order, p responsible for CONTRACTOR's means , methods , a Claim may be made therefor as provided in techniques , sequences , or procedures of construction , paragraph 10 .05 . ' or the safety precautions and programs incident thereto , or for any failure of CONTRACTOR to comply 9 .06 Rejecting Defective Work with Laws and Regulations applicable to the A. ENGINEER will have authority to disapprove performance of the Work . or reject Work which ENGINEER believes to be 9 . 03 Project Representative defective , or that ENGINEER believes will not produce a completed Project that conforms to the Contract A. If OWNER and ENGINEER agree , ENGI - Documents or that will prejudice the integrity of the ' NEER will furnish a Resident Project Representative design nniconcept whole f athe ind sated completed PheeCCoas a ct to assist ENGINEER in providing more extensive also have observation of the Work . The responsibilities Resident Documents . a special inspection orlltesting of the authority as authority and limitations thereon of any such provided in paragraph 13 .04 , whether or not the Work Project Representative and assistants will be as s fabricated , installed , or completed . provided in paragraph 9 . 10 and in the Supplementary ' Conditions . If OWNER designates another represen- tative or agent to represent OWNER at th e Site wwho s Paymen shop Drawings, Change Orders and not ENGINEER's Consultant, agent or p y e responsibilities and authority and limitations thereon of 00700-30 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc A. In connection with ENGINEER's authority as 9 . 10 Limitations on ENGINEER 's Authority and to Shop Drawings and Samples , see paragraph 6 . 17 . Responsibilities ' B . In connection with ENGINEER's authority as A. Neither ENGINEER's authority or respon- to Change Orders , see Articles 101 11 , and 12 , sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ' C . In connection with ENGINEER's authority as ENGINEER in good faith either to exercise or not to Applications for Payment, see Article 14 , exercise such authority or responsibility or the undertaking , exercise , or performance of any authority ' 9 . 08 Determinations for Unit Price Work or responsibility by ENGINEER shall create , impose , or give rise to any duty in contract, tort, or otherwise A. ENGINEER will determine the actual quanti- owed by ENGINEER to CONTRACTOR , any Subcon- ties and classifications of Unit Price Work performed tractor, any Supplier, any other individual or entity, or by CONTRACTOR. ENGINEER will review with to any surety for or employee or agent of any of them . CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a B . ENGINEER will not supervise, direct, control , written decision thereon (by recommendation of an or have authority over or be responsible for Application for Payment or otherwise) . ENGINEER's CONTRACTOR's means , methods , techniques , se- written decision thereon will be final and binding quences , or procedures of construction , or the safety (except as modified by ENGINEER to reflect changed precautions and programs incident thereto, or for any factual conditions or more accurate data) upon failure of CONTRACTOR to comply with Laws and OWNER and CONTRACTOR, subject to the Regulations applicable to the performance of the provisions of paragraph 10 .05 . Work . ENGINEER will not be responsible for ' CONTRACTOR's failure to perform the Work in 9 . 09 Decisions on Requirements of Contract accordance with the Contract Documents . Documents and Acceptability of Work C . ENGINEER will not be responsible for the ' A. ENGINEER will be the initial interpreter of the acts or omissions of CONTRACTOR or of any requirements of the Contract Documents and judge of Subcontractor, any Supplier, or of any other individual the acceptability of the Work thereunder. Claims , or entity performing any of the Work . ' disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit D . ENGINEER's review of the final Application Price Work, the interpretation of the requirements of for Payment and accompanying documentation and all the Contract Documents pertaining to the maintenance and operating instructions , schedules , ' performance of the Work , and Claims seeking guarantees , Bonds , certificates of inspection , tests changes in the Contract Price or Contract Times will and approvals , and other documentation required to be referred initially to ENGINEER in writing , in be delivered by paragraph 14 . 07 .A will only be to ' accordance with the provisions of paragraph 10 . 05 , determine generally that their content complies with with a request for a formal decision . the requirements of, and in the case of certificates of inspections , tests , and approvals that the results B . When functioning as interpreter and judge certified indicate compliance with , the Contract ' under this paragraph 9 . 09 , ENGINEER will not show Documents . partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or E . The limitations upon authority and responsibil- ' decision rendered in good faith in such capacity. The ity set forth in this paragraph 9 . 10 shall also apply to rendering of a decision by ENGINEER pursuant to this ENGINEER's Consultants , Resident Project Repre- paragraph 9 . 09 with respect to any such Claim , sentative , and assistants . dispute , or other matter (except any which have been ' waived by the making or acceptance of final payment ARTICLE 10 - CHANGES IN THE WORK; CLAIMS as provided in paragraph 14 . 07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or 10 . 01 Authorized Changes in the Work by Laws or Regulations in respect of any such Claim , dispute , or other matter. A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time 00700-31 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc t or from time to time , order additions , deletions , or CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in ' revisions in the Work by a Written Amendment, a h 6 . 18 .A. Change Order, or a Work Change Directive , Upon paragraph 9 P receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be 10 .04 Notification to Surety performed under the applicable conditions of the A. If notice of any change affecting the general Contract Documents (except as otherwise specifically scope of the Work or the provisions of the Contract provided ) . Documents (including , but not limited to , Contract is required y the ' B . If OWNER and CONTRACTOR are unable xtenttf oflce or Contract any Bond to be gven) to a surety, the givingvoflons any agree on entitlement to, or on the amount ore , ' any, of an adjustment in the Contract Price or Contract such notice will be CONTco RACBOR's responsibility. d will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive , a Claim may be made therefor as provided in paragraph 10 .05 . 10 . 05 Claims and Disputes 10 .02 Unauthorized Changes in the Work A. Notice: Written notice stating the general ntitled to an nature of each Claim , dispute , or other matter shall be A. CONTRACTOR shall not be e f the d increase in the Contract Price or an extension oalivet dthe Contract promptlybt in no event later Contract and the other ' Times with respect to any work performed P 30 da s after the start of the event giving rise that is not required by the Contract Documents as thanY amended , modified , or supplemented as providedc dispute , Notice withnsupportng data shallbe paragraph 3 .04 , except in the case of an emergency to the ENGINEER to the as provided in paragraph 6 . 16 or in the case of Contracdeliveret within 60 days after thestartof such vent uncovering Work as provided in paragraph 13 .04 . B . (unless ENGINEER allows additional time for claimant ' to submit additional or more accurate data in support 10 . 03 Execution of Change Orders of such Claim , dispute, or other matter) . A Claim for in A. OWNER and CONTRACTOR shall execute accorrdancean ent in Contract with the provisions of paPrice ll be agraph prepared20 .6 appropriate Change Orders recommended by ENG A Claim for an adjustment in Contract Time shall be NEER (or Written Amendments) covering : prepared in accordance with the provisions of 1 . changes in the Work which are: (i) paragraph 12 .02 . 6 . Each Claim shall be accom - ordered by OWNER pursuant to paragraph panied by claimant's written statement that the adjust- 10 .01 .A, (ii) required because of acceptance o� claimant believes t s entitled ment claimed is the entire adjustment to which the as a result of said event defective Work under paragraph 13 .08 .A a shall submit any response to OWNER's correction of defective Work under The opposing party paragraph 13 .09 , or (iii) agreed to by the ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless parties; ENGINEER allows additional time) . ' 2 , changes in the Contract Price or B ENGINEER's Decision: ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after ' undisputed sum or parties , including any P ant or the last amount of time for Work actually performed in receipt of the last submittal of the f any. ENGINEER's of the opposing party, Y• accordance with a Work Change Directive; and written decision on such Claim , dispute, or other 3, changes in the Contract' Priceor matter will of CONTRACTOR finale and binding upon OWNER and Contract Times which embody the substance any written decision rendered by ENGINEER 1 . an appeal from ENGINEER's pursuant to paragraph 10 .05; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an ' appeal may be taken from any such decision in accordance with the dispute resolution pp procedures set forth in Article 16; or accordance with the provisions of the Contract P Documents and applicable Laws and Regula- tions , but during any such appeal , 00700-32 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc 2 . if no such dispute resolution classifications on agreed u b OWNER and 9 P Y procedures have been set forth in Article 16 , a CONTRACTOR. Such employees shall include ' written notice of intention to appeal from without limitation superintendents , foremen , ENGINEER's written decision is delivered by and other personnel employed full time at the OWNER or CONTRACTOR to the other and to Site . Payroll costs for employees not employed ENGINEER within 30 days after the date of full time on the Work shall be apportioned on such decision , and a formal proceeding is the basis of their time spent on the Work . instituted by the appealing party in a forum of Payroll costs shall include , but not be limited to , competent jurisdiction within 60 days after the salaries and wages plus the cost of fringe date of such decision or within 60 days after benefits , which shall include social security Substantial Completion , whichever is later contributions , unemployment, excise, and (unless otherwise agreed in writing by OWNER payroll taxes , workers' compensation , health and CONTRACTOR) , to exercise such rights or and retirement benefits , bonuses , sick leave , ' remedies as the appealing party may have with vacation and holiday pay applicable thereto . respect to such Claim , dispute, or other matter The expenses of performing Work outside of in accordance with applicable Laws and regular working hours , on Saturday, Sunday, or ' Regulations . legal holidays , shall be included in the above to the extent authorized by OWNER . C . If ENGINEER does not render a formal decision in writing within the time stated in paragraph 2 . Cost of all materials and equipment 10 . 05 . 6 , a decision denying the Claim in its entirety furnished and incorporated in the Work, includ- shall be deemed to have been issued 31 days after ing costs of transportation and storage thereof, receipt of the last submittal of the claimant or the last and Suppliers' field services required in submittal of the opposing party, if any. connection therewith . All cash discounts shall accrue to CONTRACTOR unless OWNER D . No Claim for an adjustment in Contract Price deposits funds with CONTRACTOR with which or Contract Times (or Milestones) will be valid if not to make payments , in which case the cash submitted in accordance with this paragraph 10 .05 . discounts shall accrue to OWNER. All trade discounts , rebates and refunds and returns from sale of surplus materials and equipment ARTICLE 11 - COST OF THE WORK; CASH shall accrue to OWNER , and CONTRACTOR ALLOWANCES ; UNIT PRICE WORK shall make provisions so that they may be obtained . 11 . 01 Cost of the Work 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by A. Costs Included: The term Cost of the Work Subcontractors . If required by OWNER, CON- means the sum of all costs necessarily incurred and TRACTOR shall obtain competitive bids from paid by CONTRACTOR in the proper performance of subcontractors acceptable to OWNER and the Work. When the value of any Work covered by a CONTRACTOR and shall deliver such bids to Change Order or when a Claim for an adjustment in OWNER, who will then determine , with the ' Contract Price is determined on the basis of Cost of advice of ENGINEER, which bids , if any, will be the Work, the costs to be reimbursed to acceptable . If any subcontract provides that the CONTRACTOR will be only those additional or Subcontractor is to be paid on the basis of Cost incremental costs required because of the change in of the Work plus a fee, the Subcontractor's ' the Work or because of the event giving rise to the Cost of the Work and fee shall be determined Claim . Except as otherwise may be agreed to in in the same manner as CONTRACTOR's Cost writing by OWNER, such costs shall be in amounts no of the Work and fee as provided in this para- higher than those prevailing in the locality of the graph 11 .01 . Project, shall include only the following items , and shall not include any of the costs itemized in para- 4 . Costs of special consultants graph 11 .01 . 6 . (including but not limited to engineers , ' architects , testing laboratories , surveyors , 1 . Payroll costs for employees in the attorneys , and accountants) employed for direct employ of CONTRACTOR in the perfor- services specifically related to the Work . mance of the Work under schedules of job 00700-33 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc 5 . Supplemental costs including the include settlements made with the written consent and approval of OWNER. No such following : losses , damages , and expenses shall be a . The proportion of necessary trans- included in the Cost of the Work for the portation , travel , and subsistence expenses of purpose of determining CONTRACTOR's fee . ' CONTRACTOR's employees incurred in dis- g _ The cost of utilities, fuel , and sanitary charge of duties connected with the Work . facilities at the Site . b . Cost, including transportation and h . Minor expenses such as telegrams , maintenance , of all materials , supplies , equip- Ion distance telephone calls , telephone service ment, machinery, appliances , office, and g at the Site , expressage , and similar petty cash temporary facilities at the Site , and hand tools items in connection with the Work. not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work , and cost, less market value , of such items used but not con- sumed which remain the property of CON - determine the value of a Change Order or of a ' Claim , the cost of premiums for additional TRACTOR. Bonds and insurance required because of the Rentals of all construction equip- changes in the Work or caused by the event C, giving rise to the Claim . ment and machinery, and the parts thereof 9 9 whether rented from CONTRACTOR or others When all the Work is performed on in accordance with rental agreements approved the basis of cost-plus , the costs of premiums by OWNER with the advice of ENGINEER, and for all Bonds and insurance CONTRACTOR is the costs of transportation , loading , unloading , required by the Contract Documents to assembly, dismantling , and removal thereof. urchase and maintain . All such costs shall be in accordance with the P terms of said rental agreements . The rental of B Costs Excluded: The term Cost of the Work any such equipment, machinery, or parts shall shall not include any of the following items : cease when the use thereof is no longer necessary for the Work . 1 . Payroll costs and other compensation d . Sales , consumer, use , and other of CONTRACTOR's officers , executives , princi- similar taxes related to the Work, and for which pals (of partnerships and sole proprietorships) , general managers , engineers , architects , ' CONTRACTOR is liable , imposed by Laws and estimators , attorneys , auditors , accountants ? Regulations , purchasing and contracting agents , expediters , e . Deposits lost for causes other than timekeepers , clerks , and other personnel negligence of CONTRACTOR, any Sub- employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch contractor, or anyone directly or indirectly employed by any of them or for whose a cts any office for general administration of the Work ayments and not specifically included in the agreed upon of them may liable , and royalty p Ym schedule of job classifications referred to in and fees for permits and licenses . paragraph 11 .01 .A. 1 or specifically covered by f. Losses and damages (and related paragraph 11 .01 .A.4 , all of which are to be considered administrative costs covered by the ' expenses) caused by damage to the Work , not CONTRACTOR's fee . compensated by insurance or otherwise , sus- tained by CONTRACTOR in connection with 2 Expenses of CONTRACTOR's princi- ' the performance of the Work (except losses al and branch offices other than and damages within the deductible amounts of CONTRACTOR's office at the Site . property insurance established in accordance with paragraph 5 .06 . D ) , provided such losses 3 . Any part of CONTRACTOR's capital and damages have resulted from causes other expenses , 9 includin interest on than the negligence of CONTRACTOR, any CONTRACTOR'S capital employed for the Subcontractor, or anyone directly or indirectly Work and charges against CONTRACTOR for employed by any of them or for whose acts any delinquent payments . of them may be liable . Such losses shall q 00700-34 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc r r B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON- Order will be issued as recommended by ENGINEER TRACTOR, any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on Con- directly or indirectly employed by any of them or account of Work covered by allowances , and the on- ' for whose acts any of them may adjusted . including but not limited to , thee c be liable ,correction of tract Price shall be co defective Work , disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property . A. Where the Contract Documents provide that Other overhead or general expense all or part of the Work is to be Unit Price Work, initially 5 . O the Contract Price will be deemed to include for all costs of any kind and the costs Ofinany itemcludedd not Unit Price Work an amount equal to the sum of the expressly unit price for each separately identified item of Unit specifically and exp Y paragraphs 11 .01 .A and 11 .01 . 6 . Price Work times the estimated quantity of each item all the Work isas indicated in the Agreement. The estimated C . CONTRACTOR 's Fee: When h are not guaran- CONTRACTOR's quantities of items of Unit Price Work f comparison of performed on the basis of cost-plus , Agreement* teed and are solely for the purpose fee shall be determined as set forth in the Aa Change Bids and determining an initial Contract Price . Deter- When the value of any Work covered by minations of the actual quantitieCONTnd cRACTORIons of will be s a Order or when a Claim for an adjustment in Contract Unit Price Work performed by revisions of Price is determined on the basis to Cost of the Work, made by ENGINEER subject to the p CONTRACTOR' s fee shall be determined as set forth paragraph 9 .08 . in paragraph 12 .01 . C . , C, Whenever the Cost of the B . Each unit price will be deemed to include an D . Documentation : amount considered by CONTRACTOR to be ade- Work for any purpose is to be determined pursuant to uate to cover CONTRACTOR's overhead and profit for each separately identified item . paragraphs 11 .01 .A and 11 .01 .8 , CONTRACTOR will q nce establish and maintain records thereof i with generally accepted accounting practicesandC OWNER or CONTRACTOR may make a ' submit in a form acceptable to ENGINEER an Claim for an adjustment in the Contract Price in accor- itemized cost breakdown together with supporting h 10 .05 if: dance with paragraph data . 1 , the quantity of any item of Unit Price r 11 . 02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimate A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work there is no corresponding adjustment so covered to be performed for such aG NEER sumEN . as may be 2 acceptable to OWNER with respect any other item of Work; and r CONTRACTOR agrees that: 3 , if CONTRACTOR believes that 1 , the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred ' discounts) of materials and equipment required additional expense or OWNER believes that to be delivered at the Site , OWNER is entitled to a decrease in Contract by the allowances and all applicable taxes; and Price and the parties are unable to agree as to 2 . CONTRACTOR's costs for unloading the amount of any such increase or decrease . and handling on the Site , labor , installation ' costs , overhead , profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances , and no demand for additional payment on account of any of the foregoing will be valid . 00700-35 0386- 00700 - General Conditions \Ca ital Projects\0386-Pelican Island Upland Restoration\0386-Pelican island -Contract Docs\0386- 00700 - General F :\Engineering P rmnriitions .doc ' ARTICLE 12 - CHANGE OF CONTRACT PRICE ; b . for costs incurred under paragraph CHANGE OF CONTRACT TIMES 11 . 01 .A.3 , the CONTRACTOR's fee shall be five percent; 12 . 01 Change of Contract Price c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work A. The Contract Price may only be changed by a plus a fee and no fixed fee is agreed upon , Change Order or by a Written Amendment. Any the intent of paragraph 12 .01 . C .2 . a is that Claim for an adjustment in the Contract Price shall be the Subcontractor who actually performs based on written notice submitted by the party making the Work, at whatever tier, will be paid a fee the Claim to the ENGINEER and the other parry to the of 15 percent of the costs incurred by such Contract in accordance with the provisions of para- Subcontractor under paragraphs 11 . 01 .A. 1 graph 10 .05 . and 11 .01 .A.2 and that any higher tier ' Subcontractor and CONTRACTOR will B . The value of any Work covered by a Change each be paid a fee of five percent of the Order or of any Claim for an adjustment in the amount paid to the next lower tier Subcon- ' Contract Price will be determined as follows : tractor; 1 . where the Work involved is covered d . no fee shall be payable on the by unit prices contained in the Contract basis of costs itemized under paragraphs Documents , by application of such unit prices to 11 .01 .AA9 11 . 01 .A. 5, and 11 . 01 . 13 ; the quantities of the items involved (subject to the provisions of paragraph 11 .03 ); or e. the amount of credit to be allowed by CONTRACTOR to OWNER for any 2 . where the Work involved is not cov- change which results in a net decrease in ered by unit prices contained in the Contract cost will be the amount of the actual net Documents , by a mutually agreed lump sum decrease in cost plus a deduction in (which may include an allowance for overhead CONTRACTOR's fee by an amount equal and profit not necessarily in accordance with to five percent of such net decrease; and paragraph 12 .01 . C .2); or. ' f, when both additions and credits are 3 . where the Work involved is not cov- involved in any one change, the adjustment ered by unit prices contained in the Contract in CONTRACTOR's fee shall be computed Documents and agreement to a lump sum is on the basis of the net change in not reached under paragraph 12 . 01 . 13 .2 , on the accordance with paragraphs 12 .01 . C .2 . a basis of the Cost of the Work (determined as through 12 .01 . C .2 .e , inclusive . provided in paragraph 11 .01 ) plus a CONTRACTOR's fee for overhead and profit 12 . 02 Change of Contract Times (determined as provided in paragraph 12 .01 . C). A. The Contract Times (or Milestones) may only C . CONTRACTOR 's Fee: The be changed by a Change Order or by a Written CONTRACTOR's fee for overhead and profit shall be Amendment. Any Claim for an adjustment in the determined as follows : Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 1 . a mutually acceptable fixed fee ; or to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10 .05 . 2 , if a fixed fee is not agreed upon , then a fee based on the following percentages of the B . Any adjustment of the Contract Times (or ' various portions of the Cost of the Work : Milestones ) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or a , for costs incurred under para- Milestones ) will be determined in accordance with the graphs 11 . 01 .A. 1 and 11 .01 .A.2 , the provisions of this Article 12 . ' CONTRACTOR's fee shall be 15 percent; 12 . 03 Delays Beyond CONTRACTOR 's Control ' 00700-36 0386- 00700 - General Conditions ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc A. Where CONTRACTOR is prevented from compensate CONTRACTOR due to delay, completing any part of the Work within the Contract interference, or disruption directly attributable to Times (or Milestones) due to delay beyond the control actions or inactions of OWNER or anyone for whom of CONTRACTOR, the Contract Times (or OWNER is responsible . Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor ' as provided in paragraph 12 . 02 .A. Delays beyond the ARTICLE 13 - TESTS AND INSPECTIONS ; control of CONTRACTOR shall include, but not be CORRECTION , REMOVAL OR ACCEPTANCE OF limited to , acts or neglect by OWNER, acts or neglect DEFECTIVE WORK of utility owners or other contractors performing other ' work as contemplated by Article 7 , fires , floods , epidemics , abnormal weather conditions , or acts of 13 . 01 Notice of Defects God . ' A. Prompt notice of all defective Work of which 12 . 04 Delays Within CONTRACTOR 's Control OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be ' A. The Contract Times (or Milestones) will not be rejected , corrected , or accepted as provided in this extended due to delays within the control of Article 13 . CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be 13 . 02 Access to Work ' deemed to be delays within the control of CONTRAC- TOR. A. OWNER, ENGINEER, ENGINEER's Con- sultants , other representatives and personnel of ' 12 . 05 Delays Beyond OWNER 's and OWNER, independent testing laboratories , and CONTRACTOR 's Control governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable A. Where CONTRACTOR is prevented from times for their observation , inspecting , and testing . completing any part of the Work within the Contract CONTRACTOR shall provide them proper and safe Times (or Milestones ) due to delay beyond the control conditions for such access and advise them of of both OWNER and CONTRACTOR, an extension of CONTRACTOR's Site safety procedures and the Contract Times (or Milestones ) in an amount programs so that they may comply therewith as equal to the time lost due to such delay shall be applicable . CONTRACTOR's sole and exclusive remedy for such delay. 13 . 03 Tests and Inspections 12 . 06 Delay Damages A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required A. In no event shall OWNER or ENGINEER be inspections , tests , or approvals and shall cooperate ' liable to CONTRACTOR, any Subcontractor, any with inspection and testing personnel to facilitate Supplier, or any other person or organization , or to any required inspections or tests . surety for or employee or agent of any of them , for ' damages arising out of or resulting from : B . OWNER shall employ and pay for the services of an independent testing laboratory to 1 . delays caused by or within the control perform all inspections , tests , or approvals required by of CONTRACTOR; or the Contract Documents except: 2 . delays beyond the control of both 1 . for inspections , tests , or approvals OWNER and CONTRACTOR including but not covered by paragraphs 13 . 03 . 0 and 13 . 03 . D limited to fires , floods , epidemics , abnormal below; weather conditions , acts of God , or acts or neglect by utility owners or other contractors 2 , that costs incurred in connection with performing other work as contemplated by tests or inspections conducted pursuant to ' Article 7 . paragraph 13 .04 . B shall be paid as provided in said paragraph 13 .04 . 6 ; and B . Nothing in this paragraph 12 .06 bars a ' change in Contract Price pursuant to this Article 12 to 00700-37 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' 3 . as otherwise specifically provided in attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out the Contract Documents . ' of or relating to such uncovering , exposure , observa- tion , inspection , and testing , and of satisfactory C . If Laws or Regulations of any public bod Y replacement or reconstruction (including but not ' having jurisdiction require any Work (or part thereof) limited to all costs of repair or replacement of work of specifically to be inspected , tested , or approved by an others) ; and OWNER shall be entitled to an employee or other representative of such public body, aro riate decrease in the Contract Price . If the CONTRACTOR shall assume full responsibility for arties are unable to agree as to the amount thereof, ' arranging and obtaining such inspections , tests , or OWNER may make a Claim therefor as provided in approvals , pay all costs in connection therewith , and ara rah 10 .05 . If, however, such Work is not found furnish ENGINEER the required certificates of inspec- to be defective , CONTRACTOR shall be allowed an ' tion or approval . increase in the Contract Price or an extension of the Contract Times (or Milestones) , or both , directly D . CONTRACTOR shall be responsible for ts in attributable to such uncovering , exposure , arranging and obtaining and shall pay all cosovaIs observation , inspection , testing , replacement, and connection with any inspections , tests , or app reconstruction . If the parties are unable to agree as to required for OWNER's and ENGINEER's acceptance the amount or extent thereof, CONTRACTOR may of materials or equipment to be incorporated in the make a Claim therefor as provided in paragraph Work; or acceptance of materials , mix designs , or 10 .05 , equipment submitted for approval prior to CONTRACTOR' s purchase thereof for incorporationovals 13 .05 OWNER May Stop the Work in the Work . Such inspections , tests , or app ' shall be performed by organizations acceptable to A. If the Work is defective , or CONTRACTOR OWNER and ENGINEER . fails to supply sufficient skilled workers or suitable E . If any Work (or the work of others) that is to materials or equipment, or fails to perform the Work in N be inspected , tested , or approved is covered by CO - such a way that the completed Work will conform to the Contract Documents , OWNER may order CON- TRACTOR without written concurrence of nco TRACTOR to stop the Work, or any portion thereof, NEER, it must, if requested by ENGINEER, be uncov- until the cause for such order has been eliminated ; ' ered for observation . however, this right of OWNER to stop the Work shall F . Uncovering Work as provided in paragraph not give rise to any duty on the part of OWNER to Supplier, any other individual 13 . 03 . E shall be at CO any expense unless exercise this right for the benefit of CONTRACTOR, CONTRACTOR has given ENGINEER timely notice any Subcontractor, any Supp of CONTRACTOR's intention to cover the same and or entity, or any surety for, or employee or agent o ENGINEER has not acted with reasonable prompt- any of them . ' ness in response to such notice . 13 . 06 Correction or Removal of Defective Work 13 . 04 Uncovering Work A. CONTRACTOR shall correct all defective ' Work is covered contrary to the written Work, whether or not fabricated , installed , or A. If any completed , or, if the Work has been rejected by request of ENGINEER, it must, if requested by ENGI- NEER, remove it from the Project and replace it with NEER, be uncovered for ENGINEER' s observation Work that is not defective . CONTRACTOR shall pay rand replaced at CONTRACTOR's expense . all Claims , costs , losses , and damages (including but B . If ENGINEER considers it necessary or not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all advisable that covered Work be observed by ENGI- court or arbitration or other dispute resolution costs) ' NEER or inspected or tested by others , CONTRAC- arising out of or relating to such correction or removal TOR, at ENGINEER's request, shall uncover, expose , Including but not limited to all costs of repair or ' or otherwise make available for observation , inspec- re lading of work of others) .tion , or testing as ENGINEER may require , that P portion of the Work in question , furnishing all neces- 13 . 07 Correction Period sary labor, material , and equipment. If it is found that year after the date of Substantial such Work is defective , CONTRACTOR shall pay all A. If within one y ' Claims , costs , losses , o ses , and damages charges of engineers ,(including llularchitects ,but oCompletion or such longer period of time as may be limited to all fees I 00700-38 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General r.nnditions .doc prescribed by Laws or Regulations or by the terms of A. If, instead of requiring correction or removal any applicable special guarantee required by the and replacement of defective Work , OWNER (and , ' Contract Documents or by any specific provision of the prior to ENGINEER 9s recommendation of final pay- Contract Documents , any Work is found to be ment, ENGINEER) prefers to accept it, OWNER may defective , or if the repair of any damages to the land do so . CONTRACTOR shall pay all Claims , costs , or areas made available for CONTRACTOR's use by losses , and damages ( including but not limited to all ' OWNER or permitted by Laws and Regulations as fees and charges of engineers , architects , attorneys , contemplated in paragraph 6 . 11 .A is found to be and other professionals and all court or arbitration or defective , CONTRACTOR shall promptly, without cost other dispute resolution costs) attributable to to OWNER and in accordance with OWNER 9s written OWNER's evaluation of and determination to accept instructions : ( i ) repair such defective land or areas , or such defective Work (such costs to be approved by (ii) correct such defective Work or, if the defective ENGINEER as to reasonableness ) and the diminished Work has been rejected by OWNER, remove it from value of the Work to the extent not otherwise paid by ' the Project and replace it with Work that is not CONTRACTOR pursuant to this sentence . If any defective , and (iii ) satisfactorily correct or repair or such acceptance occurs prior to ENGINEER's recom- remove and replace any damage to other Work , to the mendation of final payment, a Change Order will be work of others or other land or areas resulting there- issued incorporating the necessary revisions in the from . If CONTRACTOR does not promptly comply Contract Documents with respect to the Work, and with the terms of such instructions , or in an OWNER shall be entitled to an appropriate decrease emergency where delay would cause serious risk of in the Contract Price, reflecting the diminished value of loss or damage , OWNER may have the defective Work so accepted . If the parties are unable to agree Work corrected or repaired or may have the rejected as to the amount thereof, OWNER may make a Claim Work removed and replaced , and all Claims , costs , therefor as provided in paragraph 10 .05 . If the ' losses , and damages ( including but not limited to all acceptance occurs after such recommendation , an fees and charges of engineers , architects , attorneys , appropriate amount will be paid by CONTRACTOR to and other professionals and all court or arbitration or OWNER. other dispute resolution costs) arising out of or relating ' to such correction or repair or such removal and 13 . 09 OWNER May Correct Defective Work replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by A. If CONTRACTOR fails within a reasonable CONTRACTOR. time after written notice from ENGINEER to correct defective Work or to remove and replace rejected B . In special circumstances where a particular Work as required by ENGINEER in accordance with item of equipment is placed in continuous service paragraph 13 . 06 .A, or if CONTRACTOR fails to ' before Substantial Completion of all the Work, the perform the Work in accordance with the Contract correction period for that item may start to run from an Documents , or if CONTRACTOR fails to comply with earlier date if so provided in the Specifications or by any other provision of the Contract Documents , Written Amendment. OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such C . Where defective Work (and damage to other deficiency. Work resulting therefrom ) has been corrected or ' removed and replaced under this paragraph 13 . 07 , B . In exercising the rights and remedies under the correction period hereunder with respect to such this paragraph , OWNER shall proceed expeditiously. Work will be extended for an additional period of one In connection with such corrective and remedial ' year after such correction or removal and replacement action , OWNER may exclude CONTRACTOR from all has been satisfactorily completed . or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related D . CONTRACTOR's obligations under this thereto , take possession of CONTRACTOR's tools , paragraph 13 . 07 are in addition to any other obligation appliances , construction equipment and machinery at or warranty. The provisions of this paragraph 13 .07 the Site , and incorporate in the Work all materials and shall not be construed as a substitute for or a waiver equipment stored at the Site or for which OWNER has of the provisions of any applicable statute of limitation paid CONTRACTOR but which are stored elsewhere . or repose . CONTRACTOR shall allow OWNER, OWNER's representatives , agents and employees , OWNER's 13 . 08 Acceptance of Defective Work other contractors , and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to 00700-39 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc exercise the rights and remedies under this Documents . If payment is requested on the paragraph . basis of materials and equipment not incorporated in the Work but delivered and C . All Claims , costs , losses , and damages suitably stored at the Site or at another location ( including but not limited to all fees and charges of agreed to in writing , the Application for Payment engineers , architects , attorneys , and other shall also be accompanied by a bill of sale , ' professionals and all court or arbitration or other invoice , or other documentation warranting that dispute resolution costs ) incurred or sustained by OWNER has received the materials and equip- OWNER in exercising the rights and remedies under ment free and clear of all Liens and evidence this paragraph 13 . 09 will be charged against CON - that the materials and equipment are covered TRACTOR, and a Change Order will be issued by appropriate property insurance or other incorporating the necessary revisions in the Contract arrangements to protect OWNER's interest Documents with respect to the Work; and OWNER therein , all of which must be satisfactory to ' shall be entitled to an appropriate decrease in the OWNER . Contract Price . If the parties are unable to agree as to the amount of the adjustment, OWNER may make a 2 . Beginning with the second Claim therefor as provided in paragraph 10 .05 . Such Application for Payment, each Application shall claims , costs , losses and damages will include but not include an affidavit of CONTRACTOR stating be limited to all costs of repair, or replacement of work that all previous progress payments received of others destroyed or damaged by correction , on account of the Work have been applied on ' removal , or replacement of CONTRACTOR's account to discharge CONTRACTOR's defective Work , legitimate obligations associated with prior Applications for Payment. ' D . CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) 3 . The amount of retainage with respect because of any delay in the performance of the Work to progress payments will be as stipulated in attributable to the exercise by OWNER of OWNER's the Agreement. rights and remedies under this paragraph 13 . 09 . B . Review of Applications ARTICLE 14 - PAYMENTS TO CONTRACTOR AND 1 . ENGINEER will , within 10 days after COMPLETION receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to ' 14 . 01 Schedule of Values OWNER or return the Application to CONTRACTOR indicating in writing A. The schedule of values established as provid- ENGINEER's reasons for refusing to ed in paragraph 2 . 07 .A will serve as the basis for recommend payment. In the latter case, CON- progress payments and will be incorporated into a TRACTOR may make the necessary form of Application for Payment acceptable to ENGI- corrections and resubmit the Application . NEER. Progress payments on account of Unit Price Work will be based on the number of units completed . 2 . ENGINEER's recommendation of any payment requested in an Application for 14 . 02 Progress Payments Payment will constitute a representation by ' ENGINEER to OWNER, based on A. Applications for Payments ENGINEER's observations on the Site of the executed Work as an experienced and qualified 1 . At least 20 days before the date design professional and on ENGINEER's ' established for each progress payment (but not review of the Application for Payment and the more often than once a month ), accompanying data and schedules , that to the CONTRACTOR shall submit to ENGINEER for best of ENGINEER's knowledge , information review an Application for Payment filled out and and belief: ' signed by CONTRACTOR covering the Work completed as of the date of the Application and a . the Work has progressed to the point accompanied by such supporting indicated ; documentation as is required by the Contract 00700-40 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions . doc b . the quality of the Work is generally in in ENGINEER's opinion , it would be incorrect to accordance with the Contract Documents make the representations to OWNER referred (subject to an evaluation of the Work as a to in paragraph 14 .02 . B .2 . ENGINEER may prior to or upon functioning whole also refuse to recommend any such payment Substantial Completion , to the results of any or, because of subsequently discovered ' evidence or the results of subsequent subsequent tests called for in the Contract Documents ; to a final determination of inspections or tests , revise or revoke any such classifications for Unit Price payment recommendation previously made , to quantities and such extent as may be necessary in Work under paragraph 9 .08, and to any ' ENGINEER's opinion to protect OWNER from other qualifications stated in the loss because : recommendation) ; and ' c. the conditions precedent to a . the Work is defective , or completed quiring Work has been damaged , re CONTRACTOR's being entitled to such correction or replacement; payment appear to have been fulfilled in so I far as it is ENGINEER's responsibility to b . the Contract Price has been reduced observe the Work. by Written Amendment or Change Orders; ' 3 . By recommending any such c. OWNER has been required to correct payment ENGINEER will not thereby be defective Work or complete Work in accor- deemed to have represented that: (i) inspec- dance with paragraph 13 . 09 ; or tions made to check the quality or the quantity ' of the Work as it has been performed have d , ENGINEER has actual knowledge of been exhaustive , extended to every aspect of the occurrence of any of the events enumer- the Work in progress , or involved detailed ated in paragraph 15 . 02 .A. inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may C . Payment Becomes Due not be other matters or issues between the 1 Ten days after presentation of the ' parties that might entitle CONTRACTOR to be Application for Payment to OWNER with paid additionally by OWNER or entitle OWNER ENGINEER's recommendation , the amount to withhold payment to CONTRACTOR , recommended will (subject to the provisions of 4 . Neither ENGINEER's review of paragraph 14 .02 . D ) become due , and when ' CONTRACTOR's Work for the purposes of due will be paid by OWNER to CONTRACTOR, recommending payments nor ENGINEER 9s recommendation of any payment, including final D . Reduction in Payment ' payment, will impose responsibility on 1 , OWNER may refuse to make ENGINEER to supervise , direct, or control the payment of the full amount recommended by Work or for the means , methods , techniques , ' ENGINEER because : sequences , or procedures of construction , or the safety precautions and programs incident a , claims have been made against thereto , or for CONTRACTOR's failure to OWNER on account of CONTRACTOR's comply with Laws and Regulations applicable to' erformance or furnishing of the Work;CONTRACTOR's performance of the Work. P Additionally, said review or recommendation will b . Liens have been filed in connection not impose responsibility on ENGINEER to with the Work, except where ' make any examination to ascertain how or for CONTRACTOR has delivered a specific what purposes CONTRACTOR has used the Bond satisfactory to OWNER to secure the moneys paid on account of the Contract Price , satisfaction and discharge of such Liens ; or to determine that title to any of the Work , ' materials , or equipment has passed to c, there are other items entitling OWN - OWNER free and clear of any Liens . ER to a set-off against the amount ' S . ENGINEER may refuse to recom- recommended ; or mend the whole or any part of any payment if, 00700-41 ' 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' d . OWNER has actual knowledge of the provisions of the certificate or attached list. If, after occurrence of any of the events enumerated considering such objections , ENGINEER concludes 1 in paragraphs 14 .02 . B . 5 .a through that the Work is not substantially complete , 14 . 02 . B . 5 .c or paragraph 15 . 02 .A. ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR ' 2 . If OWNER refuses to make payment in writing , stating the reasons therefor. If, after of the full amount recommended by consideration of OWNER's objections , ENGINEER ENGINEER, . OWNER must give considers the Work substantially complete, CONTRACTOR immediate written notice (with ENGINEER will within said 14 days execute and ' a copy to ENGINEER) stating the reasons for deliver to OWNER and CONTRACTOR a definitive such action and promptly pay CONTRACTOR certificate of Substantial Completion (with a revised any amount remaining after deduction of the tentative list of items to be completed or corrected ) amount so withheld . OWNER shall promptly reflecting such changes from the tentative certificate pay CONTRACTOR the amount so withheld , or as ENGINEER believes justified after consideration of any adjustment thereto agreed to by OWNER any objections from OWNER. At the time of delivery and CONTRACTOR, when CONTRACTOR of the tentative certificate of Substantial Completion ' corrects to OWNER's satisfaction the reasons ENGINEER will deliver to OWNER and CONTRAC- for such action . TOR a written recommendation as to division of responsibilities pending final payment between 3 . If it is subsequently determined that OWNER and CONTRACTOR with respect to security, OWNER's refusal of payment was not justified , operation , safety, and protection of the Work , the amount wrongfully withheld shall be treated maintenance , heat, utilities , insurance , and warranties as an amount due as determined by paragraph and guarantees . Unless OWNER and ' 14 .02 . C . 1 . CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's 14 . 03 CONTRACTOR 's Warranty of Title issuing the definitive certificate of Substantial Comple- tion , ENGINEER's aforesaid recommendation will be ' A. CONTRACTOR warrants and guarantees binding on OWNER and CONTRACTOR until final that title to all Work, materials , and equipment covered payment , by any Application for Payment, whether incorporated ' in the Project or not, will pass to OWNER no later than B . OWNER shall have the right to exclude the time of payment free and clear of all Liens . CONTRACTOR from the Site after the date of Substantial Completion , but OWNER shall allow CON- 14 . 04 Substantial Completion TRACTOR reasonable access to complete or correct ' A. When CONTRACTOR considers the entire items on the tentative list. Work ready for its intended use CONTRACTOR shall 14 . 05 Partial Utilization ' notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A. Use by OWNER at OWNER's option of any specifically listed by CONTRACTOR as incomplete) substantially completed part of the Work which has and request that ENGINEER issue a certificate of specifically been identified in the Contract Documents , Substantial Completion . Promptly thereafter, or which OWNER, ENGINEER, and CONTRACTOR OWNER, CONTRACTOR, and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the part of the Work that can be used by OWNER for its ' status of completion . If ENGINEER does not consider intended purpose without significant interference with the Work substantially complete , ENGINEER will CONTRACTOR's performance of the remainder of notify CONTRACTOR in writing giving the reasons the Work, may be accomplished prior to Substantial therefor. If ENGINEER considers the Work Completion of all the Work subject to the following ' substantially complete, ENGINEER will prepare and conditions . deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial 1 . OWNER at any time may request Completion . There shall be attached to the certificate CONTRACTOR in writing to permit OWNER to ' a tentative list of items to be completed or corrected use any such part of the Work which OWNER before final payment . OWNER shall have seven days believes to be ready for its intended use and after receipt of the tentative certificate during which to substantially complete . If CONTRACTOR ' make written objection to ENGINEER as to any agrees that such part of the Work is 00700-42 0386- 00700 - General Conditions F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc substantially complete , CONTRACTOR will insurance certificates of inspection , marked-up certify to OWNER and ENGINEER that such record documents (as provided in paragraph ' 6 . 12) , and other documents , CONTRACTOR part of the Work is substantially complete and may) make application for final payment follow- request ENGINEER to issue a certificate of ing the procedure for progress payments . Substantial Completion for that part of the ' Work . CONTRACTOR at any time may notify 2 The final Application for Payment OWNER and ENGINEER in writing that shall be accompanied (except as previously CONTRACTOR considers any such part of the delivered ) by: (i) all documentation called for in Work ready for its intended use and substan - t the Contract tially complete and request ENGINEER to issue t Documents , including but not limited to the evidence of insurance required by a certificate of Substantial Completion for that subparagraph 5 .04 . B .7 ; (ii) consent of the part of the Work . Within a reasonable time surety, any, to final payment; and (iii) ' OWNER after either such request, CONTRACTOR, and ENGINEER shall make complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien an inspection of that part of the Work to' determine its status of completion . If rights h the Work .arising out of or Liens filed in connection ENGINEER does not consider that part of the Work to be substantially complete , ENGINEER 3 , In lieu of the releases or waivers of will notify OWNER and CONTRACTOR in Liens specified in paragraph 14 . 07 .A.2 and as ' writing giving the reasons therefor. If approved b OWNER, CONTRACTOR may ENGINEER considers that part of the Work to furnish receipts or releases in full and an be substantially complete , the provisions of paragraph 14 . 04 will apply with respect to affidavit of CONTRACTOR that: (i) the releases ' and receipts include all labor, services , certification of Substantial Completion of that part of the Work and the division of material , and equipment for which a Lien could responsibility in respect thereof and access be filed ; and (ii) all payrolls , material and ' thereto . equipment bills , and other indebtedness connected with the Work for which OWNER or 2 . No occupancy or separate operation OWNER's property might in any way be ' of part of the Work may occur prior to responsible have been paid or otherwise satis- compliance with the requirements of paragraph fled . If any Subcontractor or Supplier fails to furnish such a release or receipt in full , CON- 5 . 10 regarding property insurance . TRACTOR may furnish a Bond or other 14 .06 Final Inspection collateral satisfactory to OWNER to indemnify OWNER against any Lien . A. Upon written notice from CONTRACTOR that B Review of Application and Acceptance ' the entire Work or an agreed portion thereof is complete , ENGINEER will promptly make a final 1 If, on the basis of ENGINEER'S inspection with OWNER and CONTRACTOR and will observation of the Work during construction notify CONTRACTOR in writing of all particulars in and final inspection , and ENGINEER's review ' which this inspection reveals that the Work is of the final Application for Payment and incomplete or defective . CONTRACTOR shall accompanying documentation as required by immediately take such measures as are necessary to the Contract Documents , ENGINEER is complete such Work or remedy such deficiencies . satisfied that the Work has been completed 14 . 07 Final Payment and CONTRACTOR's other obligations under the Contract Documents have been fulfilled , A. Application for Payment ENGINEER will , within ten days after receipt of ' the final Application for Payment, indicate in 1 . After CONTRACTOR has , in the writing ENGINEER's recommendation of opinion of ENGINEER, satisfactorily completed payment and present the Application for all corrections identified during the final Payment to OWNER for payment. At the same ' inspection and has delivered , in accordance time ENGINEER will also give written notice to with the Contract Documents , all maintenance OWNER and CONTRACTOR that the Work is and operating instructions , schedules , guaran- acceptable subject to the provisions of tees , Bonds , certificates or other evidence of paragraph 14 .09 . Otherwise , ENGINEER will 00700-43 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc ' return the Application for Payment to previously made in writing which are still CONTRACTOR, indicating in writing the unsettled . ' reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit ARTICLE 15 - SUSPENSION OF WORK AND ' the Application for Payment. TERMINATION C . Payment Becomes Due ' 1 . Thirty days after the presentation to 15 . 01 OWNER May Suspend Work OWNER of the Application for Payment and A. At any time and without cause , OWNER may accompanying documentation , the amount suspend the Work or any portion thereof for a period recommended by ENGINEER will become due of not more than 90 consecutive days by notice in and , when due , will be paid by OWNER to writing to CONTRACTOR and ENGINEER which will CONTRACTOR , fix the date on which Work will be resumed . CON- TRACTOR shall resume the Work on the date so 14 . 08 Final Completion Delayed fixed . CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract A. If, through no fault of CONTRACTOR, final Times , or both , directly attributable to any such ' completion of the Work is significantly delayed , and if suspension if CONTRACTOR makes a Claim therefor ENGINEER so confirms , OWNER shall , upon receipt as provided in paragraph 10 .05 . of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- 15 . 02 OWNER May Terminate for Cause ing the Agreement, make payment of the balance due for that portion of the Work fully completed and A. The occurrence of any one or more of the accepted . If the remaining balance to be held by following events will justify termination for cause : OWNER for Work not fully completed or corrected is ' less than the retainage stipulated in the Agreement, 1 . CONTRACTOR's persistent failure and if Bonds have been furnished as required in to perform the Work in accordance with the paragraph 5 .01 , the written consent of the surety to Contract Documents (including , but not limited ' the payment of the balance due for that portion of the to , failure to supply sufficient skilled workers or Work fully completed and accepted shall be submitted suitable materials or equipment or failure to by CONTRACTOR to ENGINEER with the Application adhere to the progress schedule established for such payment. Such payment shall be made under paragraph 2 .07 as adjusted from time to ' under the terms and conditions governing final time pursuant to paragraph 6 . 04); payment, except that it shall not constitute a waiver of Claims . 2 . CONTRACTOR's disregard of Laws ' or Regulations of any public body having 14 . 09 Waiver of Claims jurisdiction ; A. The making and acceptance of final payment 3 . CONTRACTOR's disregard of the ' will constitute : authority of ENGINEER; or 1 . a waiver of all Claims by OWNER 4 . CONTRACTOR's violation in any against CONTRACTOR, except Claims arising substantial way of any provisions of the from unsettled Liens , from defective Work Contract Documents , appearing after final inspection pursuant to paragraph 14 .06 , from failure to comply with the B . If one or more of the events identified in ' Contract Documents or the terms of any special paragraph 15 . 02 .A occur, OWNER may, after giving guarantees specified therein , or from CONTRACTOR (and the surety, if any) seven days CONTRACTOR's continuing obligations under written notice, terminate the services of the Contract Documents ; and CONTRACTOR, exclude CONTRACTOR from the ' Site, and take possession of the Work and of all 2 . a waiver of all Claims by CONTRAC- CONTRACTOR's tools , appliances , construction TOR against OWNER other than those equipment, and machinery at the Site, and use the same to the full extent they could be used by 00700-44 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc CONTRACTOR (without liability to CONTRACTOR for 3 . for all claims , costs , losses , and trespass or conversion ) , incorporate in the Work all damages (including but not limited to all fees materials and equipment stored at the Site or for and charges of engineers , architects , attorneys , which OWNER has paid CONTRACTOR but which and other professionals and all court or are stored elsewhere, and finish the Work as OWNER arbitration or other dispute resolution costs ) in- may deem expedient. In such case , CONTRACTOR curred in settlement of terminated contracts shall not be entitled to receive any further payment with Subcontractors , Suppliers , and others ; and until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and 4 , for reasonable expenses directly damages (including but not limited to all fees and attributable to termination . charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other B . CONTRACTOR shall not be paid on account dispute resolution costs ) sustained by OWNER arising of loss of anticipated profits or revenue or other eco- out of or relating to completing the Work, such excess nomic loss arising out of or resulting from such will be paid to CONTRACTOR. If such claims , costs , termination . losses , and damages exceed such unpaid balance , CONTRACTOR shall pay the difference to OWNER. 15 . 04 CONTRACTOR May Stop Work or Such claims , costs , losses , and damages incurred by Terminate OWNER will be reviewed by ENGINEER as to their reasonableness and , when so approved by A. If, through no act or fault of CONTRACTOR, ENGINEER, incorporated in a Change Order. When the Work is suspended for more than 90 consecutive exercising any rights or remedies under this days by OWNER or under an order of court or other paragraph OWNER shall not be required to obtain the public authority, or ENGINEER fails to act on any ' lowest price for the Work performed . Application for Payment within 30 days after it is submitted , or OWNER fails for 30 days to pay CON- C . Where CONTRACTOR's services have been TRACTOR any sum finally determined to be due, then so terminated by OWNER, the termination will not CONTRACTOR may, upon seven days written notice affect any rights or remedies of OWNER against to OWNER and ENGINEER, and provided OWNER CONTRACTOR then existing or which may thereafter or ENGINEER do not remedy such suspension or accrue . Any retention or payment of moneys due failure within that time , terminate the Contract and CONTRACTOR by OWNER will not release CON - recover from OWNER payment on the same terms as TRACTOR from liability. provided in paragraph 15 . 03 . In lieu of terminating the Contract and without prejudice to any other right or 15 .03 OWNER May Terminate For Convenience remedy, if ENGINEER has failed to act on an ' Application for Payment within 30 days after it is A. Upon seven days written notice to CON - submitted , or OWNER has failed for 30 days to pay TRACTOR and ENGINEER, OWNER may, without CONTRACTOR any sum finally determined to be due , cause and without prejudice to any other right or CONTRACTOR may, seven days after written notice remedy of OWNER, elect to terminate the Contract. to OWNER and ENGINEER, stop the Work until In such case, CONTRACTOR shall be paid (without payment is made of all such amounts due duplication of any items) : CONTRACTOR, including interest thereon . The ' provisions of this paragraph 15 .04 are not intended to 1 . for completed and acceptable Work preclude CONTRACTOR from making a Claim under executed in accordance with the Contract paragraph 10 .05 for an adjustment in Contract Price Documents prior to the effective date of or Contract Times or otherwise for expenses or termination , including fair and reasonable sums damage directly attributable to CONTRACTOR's for overhead and profit on such Work; stopping the Work as permitted by this paragraph . 2 . for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials , or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses ; 00700-45 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc ' SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number ' Introduction SC - 1 . 00 Defined Terms SC — 1 . 01 ' Before Starting in 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 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Permits - SC — 6 ,W00' �g Taxes SC — 6 . 10 ' Test and Inspections SC — 13 . 03 ' Progress Payments SC — 14 . 02 Mediation SC —16 . 02 iArbitration SC — 16 . 03 Liens SC — 17 . 06 ' 0386-00800 - Supplementary Conditions 00800 i F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Condilions.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 . 01 Defined Terms SC- 1 . 01 . A. 20 . Add the following language at the end of GC- 1 . 01 . A . 20: ENGINEER' s Consultant: Brad Smith Associates , Inc. 301 W Hibiscus Blvd . , Suite 112 Melbourne , Florida 32901 Phone : ( 321 )724- 1036 FAX : 321 -724-9429 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 Preconstruction 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 preconstruction 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 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 . 0386-00800 - Supplementary Conditions 008001 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Condibons.doc Rev. 05/01 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. Incase of discrepancy , the governing order of the documents shall be as follows : 1 Written Interpretations ' 2 . Addenda 3 . Specifications ons to the General Conditions 4 , Supplementary Conditi 5 . General Conditions ' 6 . Approved Shop Drawings 7 . Drawings g , Referenced Standards . B . Written/computed dimensions shall govern over scaled dimensions . rSC -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 ,of explorations andrtests of ENGINEER' s Consultants relied upon the following reports subsurface conditions at the Site : r 1 . Report dated 10- 17-2000 , prepared eerbn DServeces foe Jungle Trail/ Pel can lburgr Engineering Ing Inc. , entitled : Geotechnical Engin g Island Wildlife Refuge , Indian River County , Florida , consisting of ' 27 pages . D . Copies of reports and drawings itemized in SC-4 • lndian Rivet County nd SC-4 . 0 . D that re not included with Bidding Documents may be examined at Works Department, Engineering Division during regular business hours . These "technical data" reports and drawings are not part of the Contract DOeoy as identso entified ut and established ' contained therein upon which CONTRACT Y above are incorporated therein by reference . isfact E . The CONTRACTOR shall be responsiblehe nature having loermcation of the workned to , theconformation ' prior to the submission of his bid , and and quantity of of the ground , the character and quality of the substrata , the types materials to be encountered , the natueo a ground exlecution of the work , character of equipment and facilities needed preliminaryond during the the general and location conditions and stabl sh d for the wother matters which ork to be donw Ilcan in any way eeflect the work under this contract. The price e tall costs pertaining to the work, insofar as twiork done the Eng neer) and drawings tion is reasonaby e from an inspection of the site , explanatory and specifications included in the oldpackage ,rations made) neer and owner by the CONTRACTOR no responsibility for any conclusions P based on information made available by the Engineer. 0386-00800 - supplementary Conditions 008002 - F •\Fno;neerine\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 Supplementary ' 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 . In lieu of the Performance and Payment Bonds , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check, cashier's check , irrevocable letter of credit or a security as t listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise ' required . The determination of the value of an alternative form of security shall be made by the OWNER . 3 , Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 4 , 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 . SC -5 . 03 Certificates of Insurance ' SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in 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 ' 0386-00800 - Supplementary Conditions 008003 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Conditions.doc Rev. 05/01 ' d . Independent Contractors . 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 . d . Explosion e . Collapse ' f. Underground . 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 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 . " Board of County Commissioners , Indian River County Florida " will t 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 9s 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 . D . Additional Insureds : ' 1 . The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies : a . USFWS b . FDEP ' c. SC -5 . 05 OWNER' s Liability Insurance ' SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5 . 06 Property Insurance ' 0386-00800 - Supplementary Conditions 00800 4 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Conditions.doc Rev. 05/01 ' SC-5 . 06 Delete paragraph GC-5. 06.A in its entirety and insert the following paragraph in its place: ' 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 , falsework , 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 ' 7 . 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 . USFWS b . FDEP C, tSC -5 . 07 Waiver of Rights ' 0386-00800 - Supplementary Conditions 008005 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-13elican Island -Contract Docs\0386-00800 - Supplementary Conditions.doc Rev. 05/01 SC-5 . 07 Delete GC-5. 07 (paragraphs A, B, and C) in its entirety. ' SC -5 .08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. ' SC -6 . 02 Labor ; Working Hours ' SC-6 . 02 . . Add the following paragraphs immediately after paragraph GC-6. 02. 8 : 8 � . Regular working hours are defined as Monday through Friday , excluding County 1 Holidays , from 7 a . m . to 5 p . m , Good Friday , Memorial Day , Thanksgiving Day , Friday after 2 County Holidays are : New Year' s Day , Day , on these days will Independence Day , Labor Day , Working Thanksgiving , Christmas Eve and Christmas Day , royal from the Engineer. not be permitted without prior written permission compensation for overtime work , 3 The CONTRACTOR shall receive no additional calendar day or 40 hours in any one i . e . , work in excess of eight hours in any rk may be required under ' calendar week , even though such overtime ENGINEER in writing . emergency conditions and may be ordered by overtime work by the emerg performed during 4 All costs of inspection and testing p TRACTOR , which is allowed solely forthe a credit given to the ' CON the CONTRA partial CONTRACTOR, shall be borne by County to deduct the costs of all such ins ection and testing from any of ' payments otherwise due the CONTRA m . except in case 5 No work shall commence beof the ENGINEER,aftere 7 a . m . or continue 7 p emergency upon specific permission ' Concerning Subcontractors , Suppliers , and Others SC -6 . 06 -6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. 0 individual or ' SC Supplier , or other in furnish to any such Subcontractor , OWNER or ENGINEER may aid to CONTRACTOR on entity , to the extent practicable , information ab outaa particular Subcontractor , Supplier , or account of Work performed for CONTRACTOR by other individual or entity . SC -6 . 08 Permits mediately after paragraph GC- 6. 08 . A : SC6 . 08 Add the following paragraphs im ' ies of these permits are The OWNER has obtained the following permits (cop B . contained in Appendix " A" ) Management District ERP & Wetland Mitigation ' � St. John' s River Water Permit 2 • Florida Department of Environmental Protection Domestic Water ' Distribution Protection Sanitary Sewer 3 , Florida Department of Environmental Collection Engineers 4 , United States Army Corps of 5 • Indian River County Stormwater Permit a for all other required permits and C , The CONTRACTOR shall obtain and pay permits to the licenses . The CONTRACTOR shall provide copies 0386-0000 - suppiementary conditions 008006 Supplementary 10nnd Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - 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 . 10 Taxes ' SC-6 . 10 . A Delete paragraph GC- 6. 10. A in its entirety and insert the following in its place: OWNER qualifies for state and local sales tax exemption in the purchase of all material and ' equipment 14 . 02 Progress Payments SC- 14 . 02 . 6 . 5 . Delete paragraph GC44. 023. 5. d in its entirety and insert the following paragraph ' in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 .A; or SC- 14 . 02 . 6 . 5 . Add the following sentences at the end of paragraph GC- 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 . t ' 0386-00800 - supplementary Conditions 00800 7 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary t 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 - 16 DISPUTE RESOLUTION ' SC - 16 . 02 Mediation ' SC- 16 Add the following new paragraph immediately after paragraph GC46. 01 , SC- 16 . 02 Mediation ' A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to ' mediation by a certified mediator of the 191h Judicial Circuit in Indian River County [prior to either of them initiating against the other a demand for arbitration pursuant to paragraph SC- 16 . 03 , unless delay in initiating arbitration would irrevocably ' prejudice one of the parties . The 30 day time limit within which to file a demand for arbitration as provided in paragraphs SC- 16 . 03 . 13 and 16 . 03 . 0 shall be suspended with respect to a dispute submitted to mediation within that time limit and shall ' remain suspended until 10 days after the termination of the mediation . ] The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . 1 ' 0386-00800 - Supplementary Conditions 008008 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Conditions .doc tSC -17 Miscellaneous ' Add the following new paragraphs immediately after paragraph GC17. 05: 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 1 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 quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . 1 ' SC -17 . 08 Equal Employment Opportunity A. The CONTRACTOR shall comply with Executive Order 11246 of September 24 , ' 1965 , entitled " Equal Employment Opportunity , " as amended by Executive Order 11375 of October 13 , 1967 , and as supplemented in Department of Labor regulations (41 CFR Chapter 60 ) . SC - 17 . 09 Compliance With the Copeland "Anti =Kickback" Act A. The CONTRACTOR shall comply with the Copeland "Anti- Kickback" Act ( 18 ' U . S . C . 874 ) as supplemented in Department of Labor regulations (29 CFR Part 3 ) . ' SC - 17 . 10 Compliance With the Contract Work Hours and Safety Standards Act A. The CONTRACTOR shall comply with Sections 103 and 107 of the Contract ' Work Hours and Safety Standards Act (40 U . S . C . 327-330 ) as supplemented by Department of Labor regulations (29 CFR Part 5 ) . ' SC -17 . 11 Access to Books , Documents, and Papers A. The CONTRACTOR shall maintain books , records , documents and other ' 0386-00800 - Supplementary Conditions 008009 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Conditions.doc ' t to performance on EPA funded word cine anis evidence directly pence P ted accounting p P Contract in accordance with generally accepted licable , In effect practices consistently applied , and 40 CFR , Part 30 or 31 , as app shall also on the date of execution of this Contract . The CONTRACTOR r support � negotiated contract or maintain the financial information nde 0 CFR 31 , 36 for any g tiatedico . Agency the cost submission req the United States change order. The OWNER , 'ral of theeUnitedroStates ,al P Protection (EPA) , the Comptroller General the Florida Department of Environmental Pro ' Department of Labor , of their authorized representatives , shall have (FDEP ) and the State , or any ess to all such books , records , documents and mai r bus Hess for hours * The acc in during ' of inspection , audit and copy 9 CONTRACTOR will provide facilities for such access and in e Paragraphs A through G of this clause are applicable to all negotiated Chang B . Orders and Contract amendments affecting the Contract Price , provision shall be in accordance with generally ' C Audits conducted under this p rocedures and guidelines of accepted auditing standards and with established p the reviewing or audit agency(ies) . CONTRACTOR agrees to disclose all informationtovisionnd reports o any of the resulting from D , The CO A and B of p access to records under paragraphs agencies referred to in paragraph A. ined by the Records under paragraphs A and B above s all be dainty under this Contract E performance on applicable . In CONTRACTOR during p under an EPA for the time periods specified in 40 CFR, Part 30 or 31 , arlsmg addition , those records which relate to any controversy audit exception has been taken sitio nce agreement, litigation , the settlement of claims arising out of such as specified in 40 performance or to costs he I shall be maintained by CONTRACTOR for the time periods licable . CFR , Part 30 or 31 , as app periods .tion The authorized ' F . Access to records is not limited to the required esignated in rthisen clause shall have access to representative reasonable time for as long as the records are maintained . ' records at any to all lies to financial records pertaining G . This right of access clause app competitively awarded , fixed price e orders regardless of the type of agreement. agreements (except formally advertised , comp to all agreements , ' agreements) and all contract change to all records pertaining In addition , this right of access applies toamendments : a) to the extent the agreement change orders and agreementperformance ; b) if there is any indication ' records pertain directly to agreement p If the that fraud , gross abuse or corrupt practices may be involved ; or c) agreement is terminated for default or for convenience * Requirements Compliance With Applicable Standards , Orders , or Req SCwVA2 applicable standards , orders , or The CONTRACTOR shall comply with all A' nts issued under Section 306 of the Clean Air Act (42 U . S . C . 1857 (h )) , requirements Executive Order 11738 , Section 508 of the Clean Water Hct (33 U % , latio ns �(40 CFR Part 15) . and U . S . Environmental P supplementary conditions 0386-00800 - 0080010 lern tary _ _ ..., .,"A t tnland Restoration\0386-Pelican Island -contract Docs\0386-00800 - Supp SC - 17 = 13 Energy Efficiency A. The CONTRACTOR shall comply with all applicable standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Pub . L . 94- 163 , 89 Stat. 871 ) . i + + END OF SUPPLEMENTARY CONDITIONS + + i 1 1 r 0386-00800 - Supplementary Conditions 0080011 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-00800 - Supplementary Conditions.doc GENERAL ENERAL RE DIVISION 1 Q ' TITLE SECTION NO . ' SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 ' FIELD ENGINEERING AND LAYOUT 01050 ' REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 ' AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 RECORD DOCUMENTS AND ELECTRONIC AS - BUILTS 01720 POST FINAL INSPECTION 01820 ' 0386-DIVISION t GENERAL REQUIREMENTS - 1 - F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-DIVISION 1 GENERAL REQUIREMENTS .doc SECTION 01009 ' SPECIAL PROVISIONS ' 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or ' governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions . 1 . Failure to comply with the requirements of the ENGINEER under this provision shall be grounds for determination by the ENGINEER that the CONTRACTOR is not prosecuting the work with such diligence as will insure completion within the time specified . Upon such determination , the ENGINEER may recommend to the OWNER to seek such legal remedy as is deemed necessary to protect the OWNER' s interest . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall ' be delivered to the OWNER at the following location : at the CONTRACTOR ' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR's expense . ' D . Requirements of Permits or Grants : In addition to these Specifications , all work shall comply with the requirements of local permitting agencies , St . Johns River Water Management District , Florida Department of Environmental Protection , Florida Department of Transportation , and all other state or federal agencies ' permit or grant requirements . If there is a conflict between the Specifications and any permit or grant requirement , then the most stringent specification or requirement shall ' govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . ' E . Other Specifications and Requirements : In some instances , the Specifications Last revised 12/10/02 01009- 1 PROJECT ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01009 - Special Provisions .doc specifications (such as FDOT' s contained he may refer to other requirements or sp I f there is a conflict erenced specification or requirement , thee Standard S ecifications for Road and Brid a Construction t th between the Specifications and any event , most stringent specification or requirement peci ica on orarelquirementlgoverns , and the thetermine ecifica ENGINEER shall neon shall be finals p ENGINEER' s ' iof intention to begin construction . F . Notify all permitting agencies Give proper notification within the time frame required by the agency . G . Give the ENGINEER ten ( 10 ) days minimum notice before beginning work on the Project , an test . H . Give the ENGINEER a minimum of 48 hours notice before performing Y secure performing any work outside the designated limit cable ows of the ner ,site , sec in t I Before pert anysaid any necessary permits and authorization from the applicable writing that such has been previously obtained . Follow all requirements owner term ( 10 ) days permits or authorization . Give the ENGINEER and app commencing construction operations outside the designated minimum notice before limits of the work site . o so by OWNER . If overtime is • Do not work overtime unless authorized to the ENGINEER ,required , provide 48 hours minim work on holidays or weekends that requires inspecermissioon by n K . Do not perform any the OW NER' s written p ENGINEER or OWNER , without first obtaining prawings , or shown d in the Specifications and not shown in the Anything mentioned mentioned in the Specifications , shall be of like effect as if in the Drawings and shown or mentioned in both . proceed in the sequence listed in Section The items of work on this project are top operable within the time frame ' M operations" and shall be op work that involves 01014 , " Maintenance of Op until written approval and authorization has been stated from the date of the Notice to Proceed . Do not start any approval modification to existing facilities , u OWNER a minimum of 48 hours ' d from the OWNER or his designated representative . After written p ' receive give th and authorizationnoteefore starting any g . e has an work that involves modifications to existing advance notice facilities . + + END OF SECTION + + 01009-2 PROJECT ecial Last revised 716101 land Restoration\0386-Pelican Island -Contract Docs\0386-01009 - p FAEngineering\Capital Projects\0386-Pelican Island Up ' Provisions .doc ' SECTION 01024 rFORCE ACCOUNT ' 1 . 1 General ' CONTRACTOR shall furnish all labor, materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . r + + END OF SECTION + + 0386-01024 - Force Account 01024- 1 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01024 - Force ' Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERALristruction staking for the project . All A . The CONTRACTOR will furnish all supervis onof a Florida Registered Land staking from control will be under Surveyor piling and make all detail surveys and mee stakesnbatterboards , p g ded for B . Develop but not limited to , slop construction including nt on the site at all times and a skilled layouts and all other working lines , elevations and cutsheets . ' Y rostrum C . Keep a transit and leveling ever necessary for layout of the Work , instrument man available for benchmarks ,en ontrol points , batter boards , D , provide all material required t grade stakes , andother riteor locations , dimensions and e el . No data other E . Be solely responsible he than written orders of the ENGINEER pEEhR�aawings ep marks made dimensions and levels require Y Safeguard all points , stakes , grademarl , monuments if distudrbed benchmarks all F . or established p not protecting or or established on the ed because of not maintaining , stakes , marks and ' Work improperly install pints , removing without authorization such established passistance as monuments .' the ENGINEER , provide such facilities and pints placed by t G , When requested b for the ENGINEER to check line and grade p may be necessary leted CTOR . Do no excavation or embankment has belenl comp the CONTRACTOR , for determining pay quantities cross- sectioning the ENGINEER . and checked by sneering and layout work described above shall be Hi . The cost of performsn en g g tract unit prices for the various items in work ngineeringit ss ' included in the con 1ent will be made for sure y g incidental . No separate pay SURVEY WORK AND QUALIFICATIONS OF SURVEYOR s to the 1 . 2 S himself a for to commencing work , the CONTRACTOR shall satisfy A • pr and existing site information as indicated sof any error sct ' accuracy of all survey the ENGINEER upon discovery of the data . The commencing of any Documents . Immediately notify inaccuracies or omissions in the survey d accurate ' without any ' work by the CONTRACTOR shall be held as the CONTRACTOR' s acceptance that all survey or existing site information is correct an reasonably inferable errors , inaccuracies or omissions . 01050 Field Engineering 01050 - 1 nn \Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01050 - Field Engineering.doc F :\Enginee 9 B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , ' reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the ' CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR' s work shall be replaced by a Florida Registered Land Sur- ` veyor and Mapper, at the CONTRACTOR' s expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be ' deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. ' D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. + + END OF SECTION + + 01050-2 01050 Field Engineering F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01050 - Field Engineering.doc SECTION 01215 ' GENERAL QUALITY CONTROL ' 1 DESCRIPTION OF REQUIREMENTS k are indicated 1 . ' ns : Specific quality control requirements ments of this section are the wor A . Defmitio p throughout the Contract rfo mance oft e wuments . The re ork beyond the furnishing sI not f primarily related to thep term " � test ng and adeu Control" inc manufactured products . The tirements , sociaterq ' necessarily limited to , inspection an tion does not specify or modify the OWNER and ENGINEER duties This sec re and Contract surveil ancee relating to quality r ' FOR INSPECTIONS AND TESTS 1 . 2 RESPONSIBILITY ploy and pay for the A . Residual OWNER Responsibility : b rratohe W E perform lose required R will em services of independent testing la inspections and tests . whether B . CON ' TRACTORS General Responsibility : No failure, test agen engaged by the OWNER or CONTRACTOR , erfo m adequate enspections results , shall relive the of tests or to properly analyze or repo ' TOR of responsibility for the fulfillment of einsrequirements and testing CONTRACTOR Contract Documents . It is recognized that the requiredli ' program is intended to assist the CONTRACTOR , OW probable compliance with ENGINEER , and p ER governing authorities in the nominal determination of pr ents of work , The ram is not intended requirements for certain crucial CTOR in Slee ular quality control program , as needed ' to limit the l assurance of compliance * for gene ' 1 . 3 QUALITY ASSURANCE uirement that each category of A . General Workmanship Standards : it is a r be pre-qualified , to the extent of being tradesman or installer performing the ' ' r with the applicable and recognized quality itose standards� ry o familia Complying work , and being capable of workmanship ' 1 . 4 PRODUCT DELIVERY- STOR1 11AGE-HANDLING din fabricated components , by Handle , store and protect materials and products , inclu 9 losses (and which will prevent damage , deterioration and ce of the work suiting methods and means y performance term delays) , thereby ensuring highest quality results as the p long - ' storage resses . Control delivery schedules so as to minimize unnecessary storage at the project site prior to installation , + + END OF SECTION + + 01215 General Quality control 01215- 1 ' \Ca ital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01215 - General Quality.doc F :\Engineering\Capital SECTION 01310 ' CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS ' A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . ' B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and ' complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised ( updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . ' B . Show changes occurring since the previous submission listing : 9 9 1 . Major changes in scope . ' 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . ' narrative report as needed to define : C . Provide a p ' 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES ' On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If ' required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for ' payment . 01310 Construction Schedule 01310- 1 F :1Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01310 Construction Schedule .doc DISTRIBUTION TRIBUTION OF THE CONSTRUCTION SCHEDULES 1 . 4 After receiving approval by the ENGINEER , distribute copies of the ' A (updated ) to : approved initial schedule and all reviewed revisions (up 1 , Job site file , ' 2 , Subcontractors . 3 , Other concerned parties . 4 . OWNER (two copies) . 5 , ENGINEER romptly to the B * In the cover letter , instruct recipientsblems anticipated by the projections ' CONTRACTOR , in writing , any p shown in the schedules, + + END OF SECTION + + 01310 Construction Schedule 01310-2 F :\Eng ineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01310 Construction Schedule .doc ' SECTION 01541 PROTECTION OF THE WORK AND PROPERTY ' 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all autWork andiding public ' all programs , and taking all actions necessary protect theand private property and facilities from damage as specified in the General Conditions and herein . ' B , In order to prevent damage , injury or loss , CONTRACTOR' S actions shall include , but not be limited to , the following : and equipment in an orderly , safe ' 1 . Store apparatus , materials , supplies , manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials ,otherwise , Y exposure are subject to injury ' b to weather , theft , breakage , o 3 . Place upon the Work or any part thereof, only such loads as are consistent ' with the safety of that portion of the Work . d debris caused 4 , Clean up frequently all refuse , rubbish , scraps e materials , site a the Work presents ' by construction operations , so that atall times , ime appearance .a safe , orderly , and workmanlike or 5 . Provide barricades and guard rails around enielevated walkwafor gsf and temporary stairs and ramps , around excavations , other hazardous areas . C . Except after written consent fromper matea aiesq ls or equipment , except on o not enter or occupy privately-owned land with men , tools , easements provided herein . D . Assume full responsibility for the preservation of all pu t damage is done by or or andffacility on or adjacent to the site . If any direct o on account of any act , omission , neglect or duct ln the execution CONTRACTOR �at is ' Work by the CONTRACTOf the R , it shall be restored by the expense , to a condition equal to or better than that existing before the damage ' was done . 1 . 2 BARRICADES AND WARNING SIGNALS ' , Where Work is performed on or adjacent to any roadway , or public dright-of-way , signals , and place , provide barricades , fences , lights , warning signs , persons or watchmen , and take other precautionary measures he are visible atr the tnightf From sunset ' property and of the Work . Paint barricadesone li ht at each barricade . Erect sufficient to sunrise , furnish and maintain at least 9 barricades to keep vehicles from being driven on t tone Wo krkCONTRACTOR' s construction , Furnish watchmen in sufficient numbers to protect 01541 Protection of Work ' 01541 - 1 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01541 Protection of Property.doc ' responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs' and in a on or a nst u1nnecessary cuttingabreacent to the site tht raking or shown or designated to remain p 9 skinning of trunk , branches , bark or roots . ' B . Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas ' subject to traffic . D , Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . cont nuously F . Cover all exposed roots with burlap' ands ep ble . itProteict root systems fromwet , Cover atl exposed roots with earth as soon as po mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . ' G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and ' replace them with a specimen of equal or better quality . I . Coordinate Work in this Section with requirements of other sections herein . P ROTECTION OF IRRIGATION 1 . 4 The CONTRACTOR shall be responsible fo maintaining nt could din good amaged condition all irrigation systems within the easements , which by construction activities . The CONTRACTOR shall repair any irrigation systems ' damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of Kings Highway and all intersecting side streets within project limits may be cut off and capped or connected to same system to ' maintain functionality . The CONTRACTOR he sl stem l be responsible t should fallnouitsideiog the functionality of the remaining portion o Y the right-of-way . 1 . 5 PROTECTION OF EXISTING STRUCTURES 01541 Protection of Work ' 01541 -2 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01541 Protection of Property.doc Structures :q , Underground but not be limited to , all 11 , Underground structures are dei i ng, Land manholes , chambers , electrical al sewer , water , gas , and of p p conduits , tunnels and other existing subsurface work located within 1 cent to the limits of the Work . 2 . All underground structures known to ENn I telephone are sshown , This connections for water , sewer , electric , a in ' information is shown for the assistance of CONTRACTOR to be correct oe with the best information available , but is the guaranteed ngs are complete . The he existing utilities shown on the ContracERrat tihe time the ated according to the information have according been independently verifble to t ied by the ' Drawings were prepared and ha tee is OWNER or the ENGINEER . Guarannot of hose shown are underground utilities are shown or that the ng purposes only . Finding the accurate . The locations showutiliities is theare for iCONTRACTOR' s responsibility actual location of any existing work in the vicinitys and shall be done before it commences any CONTRACTOR failure to e the CONTRACTOR shall be fully respRAible for any and all Furthermore , the CONT damages , which might be occasioned all underground utilities . The OWNER exactly locate and preserve any damages sustained or costs or ENGINEER will assume no liability for anydamages in the vicinity of incurred because of the CONTRA or tem operations and shoring of existing utilities or structures , nor for temporary utilit contact the utility same . If it is necessary to shore , brace , or swing a Y or department affected and obtain their permission regarding the company p method to use for such work .companies which may have buried or aerial 3 , Contact the various utility comp work , utility companies prior to beginning utilities within or near the construction all before commencing i Provide 48 hours minimum notice t construction . existing utilities in order to minimize 4 , Schedule and a ue tion of services .te all work existing such interruption is ' necessary interruption the ENGINEER and the necessary for completion of the work , notify ction of the appropriate utility . appropriate utility at least 48 hours i in avance . Perform all work o pp repair/restore utility service to the sa tion , and Include all costs related to service item in the Contract ,up restoration in the appropriate house business services , ' 5 , Where it is necessary to temporarily interrupt oboth before the the owner or occupant , the CONTRACTOR shall notify and again immediately before service is interruption (24 -hour minimum ) , nd pipes or cables , the CONTRACTOR resumed . Before disconnecting iaowner , or shall make suitable shall obtain permission their owner . arrangement for their disconnection by prevent of trenching and excavation work and uncover all obstructing i 6 . Explore aheadto determine their location , to p underground structures sufficiently vent interruption of the services which such damage to them and to p structures provide . If CONTRACTOR damages a under ground structure , res condition at CONTRACT restore it to original 01541 Protection of work ' 01541 -3 'ects\0386-Pelican Island Upland Restoration\0386-Pelican is -Contract Docs\0386-01541 Protection of F :\Engineering\Capital Prol i ' 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface ' facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the ' General Conditions . B . Surface Structures : ' 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited ' to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before ' proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR' S expense . 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES ' A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has ' been prepared from the most reliable data available to the Engineer. This 01541 Protection of Work 01541 -4 F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01541 Protection of Property.doc 1 ' information is not guaranteed , however , and it shall be this CONTRACTOR Is responsibility to determine the location , character and depth of any existing r to utilities . He shall assist the utility companne shall be exercised o sed ery meanso autio ssible eliminate any determine said locations . Extreme c possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES ' A . All existing utility castings , including valve boxes , junction construction thataare to s ' pull boxes , inlets and similar structures in the areas remain in service shall be adjusted by the CONTRACTOR to bring them flush ' with the surface of the finished work . struction B . The CONTRACTOR shall coordinate the utilities to ensure survey reference r con cmarkers to rsequencing . CONTRACTOR shall make available the various utility companies , r r r + + END OF SECTION + + r r r r r r r 01541 Protection of work r 01541 -5 F :\Engineering\Capital Projects\0386-Pelican Island upland Restoration\0386-Pelican Island -Contract Docs\0386-01541 Protection of PrODertv.doc r 1 SECTION 01550 ' ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 1 . 1 GENERAL rA . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain ' temporary roads and parking areas so they are fully usable in all weather conditions . r Be Prevent interference with traffic and the OWNER' s operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR' s operations over these roads . rC . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or rENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and rreturn the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of r inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. r 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS ' A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets rcleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . rBe All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which the r01550 Access Roads 01550- 1 F:\Public Works\Capital ProjectsTourth Street-Old Dixie-US11CONTRACT DOCUMENTS101550 Access Roads .doc r r ' CONTRACTOR shall pay a fine of $ 50 per uncovered truck to sh shwner all be the when invoked by the Owner to Owner' s Engineer . All cleanup responsibility of the CONTRACTOR . ' ui ment shall have backup warning horns in proper worrkingking C , All o/der while Movingxon the job site . + + END OF SECTION + + ' 01550 Access Roads 01550-2 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENT S\01550 Access Roads .doc SECTION 01610 ' TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling tlth li g of equipment and materials required for prosecution and completion o l be delivered ' B . Shipments of materials to CONTRACTOR or Subcontractors h b ments shall be laddressed and to the site only during regular working hours , of Project , street number and city . ' consigned to the proper party giving Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and snd equipment constructioni CONTRACTOR shall move or cause to moved materials without any additional compensation . ' 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation , B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . ' 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER' S use of premises . ' C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . ' D . Do not have products delivered to site until required storage facilities have been provided . ' E . Have products delivered l unopened , labeled containers . Keep ENGINEER m EER infoedfof delivery ofallequipment to be ' incorporated in the Work . early marked to F . Partial deliveries of component parts of equipment at on of Iparts ,l be land to facilitate ' identify the equipment , to permit easy accu assembly . 0386-01610 Transportation & Handling Materials & Equip. ' 01610- 1 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01610 Transportation & Handling Materials & Equip . .doc L ' G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . ' 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . ' 1 . 3 PRODUCTANDLING H ' A . Provide equipment and personnelnecessary �ent soiling or damageuhandle products , tdong methods to those provided by OWNER , by pre ' products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that nodamage will occur to carry or use them . Do not drop , roll or skid products off delivery ' suitable materials handling equipment . + + END OF SECTION + + 0386-01610 Transportation & Handling Materials & Equip. ' 01610-2 F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01610 Transportation & Handling Materials & Equip . .doc SECTION 01611 ' STORAGE OF MATERIAL AND EQUIPMENT ' 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . rials B . Make all arrangements and' provisionma construction equipment s necessry for the storage of Band and equipment . Place all excavatedater als materials and equipment to be incorporated into the Work , so as not to Inure any part of the Work or existing facilities , and so that free access can be had at ' all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , tpublic travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . ' C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . ' D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme ' temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes ' without written permission of the OWNER or other person in possession or control of such premises . ' F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . ' G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . ' H . When appropriate store materials on wood blocking so there is no contact with the ground . ' + + END OF SECTION + + 01611 —Storage of Material 01611 - 1 ' FAEngineering\Capital Projects\0386-Pelican Island upland Restoration\0386-Pelican Island -Contract Docs\0386-01611 Storage of Materials .doc SECTION 01630 SUBSTITUTIONS 1 . 1 GENERAL ' A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall ' contain complete data substantiating compliance of the proposed substitution with the Contract Documents . ' 1 . 2 CONTRACTOR' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator, supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or ' manufacturer which is not specifically named . ' D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . ' E . Where more than one choice is available as a CONTRACTOR' s option , select product which is compatible with other products already selected or specified . ' 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . ' 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condi - ' tions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . ' 01630- 1 01630 Substitutions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01630 ' Substitutions .doc b . Manufacturers literature with product description , performance and ' test data , and reference standards . c . Samples , if appropriate . d . Name and address of similar projects on which product was used , ' and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method ' specified . C . In making Request for Substitution , CONTRACTOR represents that : ' 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents , 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that ! specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . ' G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 01630-2 01630 Substitutions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01630 Substitutions.doc 3 . If the substitution will not require a more extensive review , Engineer will ' proceed with the review without additional cost to CONTRACTOR . 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR' s expense additional data about the proposed substitute . ' H . Any redesign esi n of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The ' redesign shall be at the CONTRACTOR' s expense . Any redesign will require an extensive review by the Engineer . The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER' s hourly rate for review is $ 125 per hour . The ENGINEER' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to ' rescind the request . I . Engineer will be allowed a reasonable time within which to evaluate each r proposed substitution . Engineer will be judge ofacceptability CONTRACTOR shall II have the right to deny use of any proposed substtu shall not order, install , or utilize any substitution without either an executed Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR' s expense a special manufacturer' s performance guarantee (s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby . Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630-3 01630 Substitutions FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01630 Substitutions .doc 1 i DIVISION 2 TECHNICAL PROVISIONS Section No . Title ' I STANDARD SPECIFICATIONS 2 MAINTENANCE OF TRAFFIC ' 3 . EROSION AND WATER POLLUTION CONTROL r4 CLEARING AND GRUBBING 5 EXCAVATION 6 BACKFILL AND ROUGH GRADING r7 SITE CLEANUP AND RESTORATION ' $ LANDSCAPING r 1 r r r r r r r ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-DIVISION 2 TECHNICAL PROVISIONS .doc TECHNICAL PROVISIONS SECTION - 1 ' STANDARD SPECIFICATIONS 1 . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2000 , and Supplements thereto as noted in the Special ' Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the "Owner" , " Department" , "State of Florida Department of Transportation " , or words relating ' to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word " Owner' s Engineer" , " District Engineer" , " Engineer" , " Project Engineer" , etc . , it shall be taken to mean the ' Registered Professional Project Engineer of the firm of Brad Smith and Associates , Inc . , as an agent for Indian River County , Florida , acting directly or through duly authorized representatives . Wherever the word Resident Engineer ' appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and ' quality of the work . rMAINTENANCE OF TRAFFIC 2 , General : Work under this section consists of maintaining traffic within the limits of the project for the duration of construction in accordance with the U . S . Department of Transportation 's Manual On Uniform Traffic Control Devices ( MUTCD ) 2000 Edition , FDOT Index 600 Series and FDOT Standard Specification Section 102 . The purpose of the Traffic Control Plan , presented in the roadway construction plans , is to depict the concept of feasible construction ' sequencing and maintenance of traffic . The Contractor may submit to the Engineer an alternate plan for review and approval , one week prior to the preconstruction conference . The Traffic Control Plan indicates typical signing , marking and barricade locations and types . Additional details are found in the MUTCD , FDOT Index (600 Series ) and Standard Specifications . The Contractor shall install only new TCP signs and shall be Engineer grade . EROSION AND WATER POLLUTION CONTROL ' 3 . The contract shall install erosion and water pollution control methods in accordance with FDOT Index 100 , 102 , 103 and 104 , Standard Specifications Section 104 , and all permit requirements . The Contractor is responsible for TECHNICIAL PROVISIONS TP - 1 ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Provisions.doc meeting appropriate federal , state , and local regulations and water quality t standards , such as turbidity . All disturbed areas ill be replanted withgraagproved ed vegetation cover (either final or temporary) with days f fin ' A . Preconstruction Conference : at the preconstruction conference the Contractor shall present, in writtenform , of erosion plans and water pollules ution . onfor prevention , control , and abatement B . Ditches , Streams and Canals : staked and floating turbidity barriers shall be installed in all permanent water course in a manner so as not to act as a dam . Barriers shall be located at a distance of no greater than 25 feet downstream from the last point of construction . ' C . Silt Fences : Silt fences shall be installed to prevent silt and erosion from leaving the project limits particularly adjacent to wetlands , roadside ' ditches or existing bodies of water . m sewer system D , Storm sewer System : The' Contractor shall olt uct on This rmay include the from erosion and sedimentation duringns use of baled hay , silt fences or any other method approved by the Engineer . All such costs associated with colnstruct d item be damaged s shall be included in the it cost of storm sewer system . Should any ce the due to erosion or sedimentation , the Contractor w and existing (wherair or e called ' item with no additional compensation . for) storm sewer pipes shall be clean and free from silt prior to final ' acceptance . E . Non-Compliance : Should the Owner °nainga red in determine accordancewith the control within therosion e project is not being ' FDOT indexes and specifications , the contractor shall have until the end of the working day in which notification is given to take modification therective action . Owner shall have Should the contractor fail to make such ' the option to fine the contractor $400 per day until remedied . ' F . Compensation : All payment for the above items shall be made under item : Staked Turbidity Barrier — Per Linear Foot + + END OF SECTION ' TECHNICIAL PROVISIONS TP- 2 ' ro 'ects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Provisions.doc F :\Engineering\Capital P J 0386 -Technical Specifications CLEARING AND GRUBBING 1 . SCOPE A. The Contractor shall furnish all labor, materials and equipment, and all operations required to clear and grub the site as shown on the Plans and ' specified herein. 2 . GENERAL A . Clearing and grubbing shall consist of the complete removal and disposal of citrus trees, Brazilian pepper trees, their associated stumps and root ' structures , rubbish, concrete and other deleterious material and obstructions resting upon or protruding through the surface of the ground, including exposed citrus irrigation lines and pipes . Stumps , roots 3 " and over and similar obstructions shall be removed to a minimum depth of 2 feet below the existing ground. B . In clearing citrus tree areas , native plants and trees are to remain . Transplanting of trees is not included in this scope of work. If a mature native tree is encountered that interferes with the Contractor' s duties , the ' Contractor shall notify the County Representative . C . In the citrus tree area designated in the Plans for the Contractor to ' selectively clear, the Contractor shall contact the County Representative for instruction as to what citrus trees are to be removed. All Brazilian pepper trees in this area are to be removed. ' D . On the project site there are irrigation pipes protruding from the ground which are outside of designated clearing areas but within the areas to be planted. As noted in the Plans , Contractor shall remove the above- ground portions of these PVC pipes and valves to a minimum depth of 2 feet below the existing ground and dispose of them off site . Contractor is not ' responsible for removing buried, horizontal runs of these irrigation pipes except where they are uncovered in the excavation of the Aquatic Habitats ' and Ephemeral Ponds . E . Because the excavation areas for designated aquatic habitats and ephemeral ponds have already been cleared of citrus trees , separate grubbing and clearing operations will not be necessary. However, the Contractor shall separate foreign material such as irrigation pipes from the ' excavated soil. 0386-Technical Specifications - 1 — ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restora6on\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386 -Technical Specifications F . The Contractor shall clear and grub the areas described below : 1 , Citrus tree areas designated in the Plans . ' 3 , DISPOSAL A. BURNING 1 . Trees , stumps , brush, weeds and similar natural materials shall be piled in burn areas as designated in the Plans . The USFWS will ' burn the piled material and obtain the necessary permit to do so . B , OFF - SITE DISPOSAL 1 . Rubbish, concrete , irrigation lines , PVC pipe, metal, tires , drums , or any other material which does not burn or would cause air pollution if burned shall be hauled off-site by the Contractor for disposal in an approved manner. All related fees shall be paid by the Contractor. No such material shall be buried on-site . ' EXCAVATION SCOPE A, The Contractor shall furnish all necessary labor, equipment, and transportation to excavate and haul material in accordance with the Plans and Specifications . ' 2 , GENERAL A, The Contractor shall excavate for the aquatic shots and wn in the Plansand ' ponds and dispose of all materials excavated as specified herein. ' 3 , DISPOSAL A. In all areas where excavation atbe done , all earth, rock, muck separated from unsuitable material and' strippings shall be remove requiring off-site disposal as defined herein. B , The Contractor may, for his own convenience, elect to temporarily ted stockpile any portion' oerhfor later or disposals The stockpiled te location designated by the Own , 0386-Technical Specifications - 2 - F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386-Technical Specifications material shall be piled in an orderly manner so as not to endanger the work ' or obstruct roadways or drainage within the designated job site location. All excavated unsuitable material shall be disposed of off-site at the Contractor' s expense. All excavated suitable material that is not reused by ' the Contractor within the job site shall become the property of the Owner and shall be stockpiled in the area designated in the Plans . ' 4 , DEWATERING A. The Contractor shall choose the method(s) of excavation which he deems ' most appropriate . Dewatering is not required by the Owner, however if the Contractor chooses to dewater, then water from said dewatering shall be disposed of in a manner that will not result in violations of State water ' quality standards in receiving waters, nor cause injury to public health nor to public or private property, nor to the work completed or in progress . Any and all damage caused by dewatering shall be promptly repaired by ' the Contractor at no cost to the Owner. The receiving point for water from said operation shall be approved by the applicable regulatory agency and the Engineer. The Contractor is responsible for obtaining all required permits and any other approval necessary. ' 50 REMOVAL OF UNSUITABLE MATERIAL A* The excavated material to be stockpiled will be used by Owner in the future to backfill ditches . As such, the material may contain muck, rock, ' clay, marl, gravel, boulders , organic soils , strippings and other soils . Be Excavated_ material that will be used to backfill ditches and construct the ' new service road must meet specifications as defined in Section 02203 , Backfill and Rough Grading. ' C . Any "unforeseen obstacles" such as abandoned utilities, metal objects , concrete masses , rubbish, or any other debris encountered shall be removed and disposed of off-site by the contractor at his expense . Excavated or exposed irrigation pipes and lines shall also be removed and disposed of off- site by the Contractor at his expense . ' D . Excavated large roots , stumps , logs , buried trees , limbs and timbers shall be piled in burn areas as designated in the Plans . ' E . All "materials of excavation" and "unforeseen obstacles" will be considered as incidental to construction and no additional compensation ' will be allowed. ' 0386-Technical Specifications - 3 - F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386-Technical Specifications ' BACKFILL AND ROUGH GRADING ' 1 . SCOPE A. The Contractor shall furnish all of the labor, equipment, transportation and ' supervision necessary so as to complete the Work as shown on the Plans and specified herein. ' 2 . GENERAL A . Material to backfill ditches and construct the new section of service road ' shall be taken from suitable material excavated from the aquatic habitats and ephemeral ponds . Filled areas shall be rough graded with a dozer but not compacted otherwise . 3 . BACKFILL MATERIAL ' A. DITCH WITHIN AQUATIC HABITAT #2 For the portion of the central ditch within the boundaries of Aquatic ' Habitat #2 that is to be filled to the elevation noted in the Plans , the Contractor shall backfill the ditch using excavated material which is sand or subsoil, and free of organic top soil or strippings . ' Be NEW SERVICE ROAD ' For building the segment of new service road per the Plans, the Contractor shall use excavated material which is free from vegetable matter, wood, ' and other deleterious substances . C . OTHER DITCHES ' Excavated material to backfill the other ditches per the Plans shall conform to material that is to be stockpiled. As such it may contain muck, rock, clay, marl, gravel, boulders, organic soils , strippings and other soils . The material shall not contain any logs, stumps, large roots , limbs , trees , rubbish, concrete or other unsuitable material . ' 4 . COMPACTION ' A. No backfill or areas shall be compacted . ' 0386-Technical Specifications - 4 — t F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386 -Technical Specifications 5 , GRADING A. The new portion of service road and backfilled ditches shall be rough graded with a dozer by the Contractor B . The slopes of the excavated Aquatic Habitats and Ephemeral Ponds shall be rough graded and established to within f 0 . 1 ' of design grade . Slopes ' to the waterline shall be seeded with a seasonal mixture of brown-top millet in order to counter erosion until other vegetation becomes established. SITE CLEANUP & RESTORATION 1 , SCOPE A. The Contractor shall furnish all plants , labor, equipment, appliances and materials required or necessary to clean up the site after the construction is completed and to restore items disturbed or damaged due to his construction operation. 2 , GENERAL A. During the progress of the project, the work and the adjacent areas affected thereby shall be kept in a neat and orderly condition.construction equipment shall be removedrubbish, surplus materials , and unused All damage shall be repaired so that the public and private property owners will be inconvenienced as little as possible . B , Where material or debris has been deposited in watercourses, ditches , gutters, drains , or catch-basins as a result of the Contractor's operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels , drains, etc. , shall be kept clean . C . Before the completion of the project, the Contractor shall, unless ' otherwise especially directed or permitted in writing, tear down and remove all temporary buildings and structures which he builds ; remove all temporary works, tools , and machinery or other construction equipment furnished by him; remove, acceptably disinfect, and cover all organic matter and material containing organic matter in, under, and around privies , houses , and other buildings used by him; remove all rubbish from any grounds which he has occupied; and leave the roads , all parts of the premises and adjacent property affected by his operations , in a neat and satisfactory condition. 0386-Technical Specifications - 5 - FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386-Technical Specifications ' D . It shall be the responsibility of the Contractor to repair, rebuild, or restore to its former conditions , any and all portions of existing utilities , structures, equipment, appurtenances, trees and shrubs, or facilities, other than those to be paid for under the specifications , which may be disturbed or damaged due to his construction operations . ' E . The Contractor shall thoroughly clean all materials and equipment Installed by him and his subcontractors and on completion of the work shall deliver the facilities undamaged and in fresh and new- appearing condition. F . The Contractor shall remove and dispose off-site all silt fencing after the construction is completed, except for the silt fence immediately surrounding the excavated material stockpile area. Silt fence around the burn area shall be removed. LANDSCAPING PART 1 - GENERAL 1 . DESCRIPTION OF WORK A. Work included : This section is part of the entire set of contract documents and shall be coordinated with the applicable provisions of the other parts . B . The extent of the landscape development work is shown on the drawings and in schedules . Completion of the work shall mean full and exact compliance and conformity with the provisions expressed or implied in the drawings and specifications . C . The work under this section includes supplying and planting of trees , shrubs , ground covers, and aquatic plants in accordance with sound nursery practice and maintaining and watering them until final completion and acceptance , but not less than 30 days from installation, and any other work as called for on the plans and ' in these specifications . 2 . QUALITY ASSURANCE A. QUALIFICATIONS OF INSTALLERS : The Contractor shall have his labor crews controlled and directed by a landscape foreman well versed in plant ' materials , planting, reading blueprints and coordination between job and nursery, in order to execute installation rapidly and correctly. 0386-Technical Specifications - 6 - ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386 -Technical Specifications B . TREES AND SHRUBS : Provide trees and shrubs grown in a recognized nursery ' in accordance with good horticultural practice . (The only exception shall be native plant material collected from field locations . ) Provide healthy vigorous stock grown under climatic conditions similar to conditions in the locality of the ' project and free of disease , insects , eggs , larvae, and defects such as knots , sun- scald, injuries , abrasions , or disfigurements . All plant material shall be graded Florida No . 1 or better as outlined under Grades and Standards for Nursery Plants , ' State Plant Board of Florida. 3 . PRODUCT HANDLING A. DELIVERY AND STORAGE : The balls of B & B plants which cannot be planted immediately on delivery shall be covered with moist soil or mulch or ' other protection from drying wind and sun . All plants shall be watered as necessary until planted . B . PROTECTION 1 . Trees moved by winch or crane shall be thoroughly protected from chain marks , girdling, or other bark slippage by means of burlap , wood battens or other approved method . 2 . Container grown plants shall be carefully removed from the container so as not to disturb the root system . Spade shall not be used to cut containers . 4 . JOB CONDITIONS A. EXISTING CONDITIONS 1 . The contractor shall verify all site conditions prior to construction. 2 . The Contractor shall exercise care in digging and other work so as not to idamage existing work including underground pipes and cables, and the pipes and hydrants of functional watering systems . Should such overhead or ' underground obstructions be encountered which interfere with planting the location of plants shall be adjusted to clear such obstruction. 3 . Should any objectionable materials such as old concrete, bricks , or other ' debris be encountered during planting operations , they shall be removed from the site by the Contractor. 4 . There are 3 artesian wells on the project site and 1 artesian well south of the project site available for the Contractor to use as water sources for the watering of plants . Procurement and attachment of fittings , standpipes , or ' additional valves to facilitate discharge of water are the Contractor' s responsibility. 0386-Technical Specifications - 7 — ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386-Technical Specifications B . SCHEDULING 1 . In general the work shall proceed as rapidly as the site becomes available . 2 . The Contractor shall be responsible for coordinating his work with all other parties involved with the job in order to eliminate unnecessary complication during the installation of his work. ' 3 . Upon substantial completion of work, the Contractor shall request a walk- through by the County Representative to formulate a "punch list" . Contractor ' shall complete "punch list" items as quickly as possible, and request another walk-through to verify completion. Upon successful completion of the "punch list " items , the work will be accepted by the County Representative . C . The contractor is responsible for his own bathroom and drinking facilities . 5 . GUARANTEE A. Considering that the Contractor will be responsible for maintaining all plant materials through the guarantee period, the Contractor shall guarantee to replace all plant materials for a period of time after final acceptance as follows : 1 . Trees and shrubs — 1 year. 2 . Aquatic Plants — 90 days . ' B . Should any of the plant materials show 40% or more defoliation during the guarantee period due to the Contractor's use of improper materials or ' workmanship the Contractor, upon written notice, shall replace same within 15 days, without additional cost to the Owner. C . Specifically excluded from the guarantee are damages resulting from natural ' causes such as floods, lightning strikes , freezing or winds over 60 mph, damages from acts of negligence on the part of the Owner or others occupying the site, ' fires , vandalism and herbivorous animals . D . The Contractor ' s maintenance responsibilities of the plant materials during the ' guarantee period shall consist of the following : 1 . Watering of plants as needed or maintenance of the irrigation system if installed. ' 2 . Maintenance of staking materials if installed. 3 . Replanting of fallen or uprooted plants unless caused by Owner. E . Before the end of the guarantee period, Contractor shall remove and dispose off- 0386-Technical Specifications - 8 — ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386 -Technical Specifications site all plant staking and irrigation materials if either has been installed. ' PART 2 - PRODUCTS 1 . MATERIALS ' A. NOMENCLATURE : Conform to the names given in Standardized Plant Names , 1942 Edition, prepared by the American Joint Committee on Horticultural ' Nomenclature . Names of varieties not included therein, conform generally with names accepted in the nursery trade . B . MEASUREMENTS : Plants shall be measured when branches are in their normal position. Height and spread dimensions specified refer to main body of plant and not extreme branch tip to tip . The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. C . B & B PLANTS : No plant shall be accepted when the ball of earth surrounding its roots has been cracked or broken . The diameter of the ball must be sufficient ' to encompass the fibrous and feeding root system necessary for the maximum development of the plant . Root pruning shall have been done at a minimum of ' four (4) weeks before planting at the job . D . MATERIALS : Pot bound plant materials will be unacceptable. E . PALMS : Boots shall remain on all palms for their entire height. ' 2 . BACKFILL A . Excavated material from digging receiving holes for the plants shall be used as backfill material. Fertilizer or soil mixes shall not be used. PART 3 - EXECUTION 1 . PREPARATION ' A . PLANT PITS : Circular pits with vertical sides shall be excavated for all plants . Diameter of pits for trees , shrubs, and ground cover shall be at least two times ' greater than the diameter of the ball . ' 0386-Technical Specifications - 9 - ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386 -Technical Specifications ' 2 . INSTALLATION/APPLICATION/PERFORMANCE t A. All plants except as otherwise specified, shall be centered in pits and set on compacted top soil to such a depth that the finished grade level at the plant after settlement will be the same as that at which the plant was grown. No burlap shall ' be pulled out from under balls . Remove burlap from top 1 /3 of root ball. Roots shall be spread in their normal position. Container grown plants shall not be excessively root bound. All broken or frayed roots shall be cut off cleanly. Soil shall be placed and compacted thoroughly, avoiding injury and shall be settled by watering. No filling will be permitted around trunks . B . Form temporary earth saucers with six (6) inch high berm around all newly planted trees . Saucer diameter for trees four (4) inch caliper or less shall be approximately three (3 ) feet . Saucer diameter for trees greater than four (4) inch ' caliper shall be approximately six (6) feet. All trees shall be watered daily for the first month. ' C . New planting shall be so set that the final level of ground around the plants shall conform to surrounding grades , or as otherwise specified . ' D . Tree and shrub saucers shall be top -dressed with 3 " shredded cypress bark mulch (American Wood Products type "B " or equal) . E . The amount of pri unng on new plant material shall be limited to the minimum necessary to remove dead or injured branches to compensate for the loss of roots as a result of transplanting operations . Pruning shall be done in such a manner as not to change the natural habit or shape of a plant. All cuts over one-half ( 1 /2) inch diameter shall be treated with an approved tree paint . 3 . INSTRUCTIONS A. MAINTENANCE ' 1 . The Contractor shall maintain all plant materials in a first class condition from the beginning of landscape construction until the landscape work is accepted ' by the Owner, including proper watering. 2 . Maintenance shall include, but not be limited to watering of plants , cultivation, weeding, pruning, disease and pest control, replacement of ' dead or unacceptable materials , guy wire repair and tightening, wash- outs, and any other procedure consistent with good horticultural ' practice necessary to insure normal, vigorous and healthy growth of all work under this contract. ' 0386-Technical Specifications F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc 0386-Technical Specifications 3 . Although installation of a temporary irrigation system is not required, Contractor is responsible for watering of planted material for establishment and survival through the guarantee period, through a temporary irrigation system or other means of his choice . If Contractor chooses to install an ' irrigation system, he must remove it from the site before the end of the guarantee period. Such irrigation system must be buried at crossings with service roads . Service roads include the proposed service road, the future loop ' road, and the western boundary of the project site . 4 . Refer to Part 1 , Paragraph 5D of this technical specification for Contractor ' s ' maintenance responsibilities during the guarantee period. B . CLEANING 1 . The Contractor shall at all times keep the premises (grounds and pavements) free from accumulations of waste material or rubbish caused by his employees ' or work. 0386-Technical Specifications F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-Technical Specifications.doc ' SECTION 01720 - Record Documents (As -Builts ) ' 1 . GENERAL A . Maintain and provide the ENGINEER with record documents as specified below , except ' where otherwise specified or modified in Divisions 1 - 16 or the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain complete sets of record documents in CONTRACTOR's field office in clean , ' dry, legible condition . " Record Documents" include but are not limited to : Drawings (including Contract Drawings , Record Drawings , and electronic files of Record Drawings ) , Specifications , Addenda , approved Shop Drawings , samples , ' photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR'S Work . ' 2 . Provide files and racks for proper storage and easy access . File in accordance with filing format of Construction Specification Institute (CSI ) . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . ' D . Recording : 1 . Label each document " PROJECT RECORD " in 2-inch high printed letters . 2 . Keep record documents current. 3 . Do not permanently conceal any Work until required information has been recorded . ' 2 . RECORD DRAWINGS ' A . During the entire construction operation , maintain records of all deviations from the Drawings and Specifications and prepare therefrom , 'Record Drawings" showing correctly and accurately, all changes and deviations from the work made during construction , to ' reflect the work as it was actually constructed . B . Mark whichever drawing is most capable of showing the constructed condition fully and accurately; however, where shop drawings are used for mark-up , record a cross-reference at the corresponding location on the contract drawings . Mark-up new information that is recognized to be of importance to the OWNER but was not shown on either the contract drawings or shop drawings . Give particular attention to concealed work that would be difficult to measure and record at a later date . Note related change order numbers where applicable . ' C . Organize record drawing sheets into manageable sets , bind with durable paper cover sheets , and print suitable titles , date and other identification on the cover of each set. Include the following minimum information , as applicable : ' a . Depths of various elements of ponds in relation to datum . b . Horizontal and vertical location of permanent surface improvements . C , Field changes of dimensions and details . ' e . Changes made by Change Order or Field Order. f. Details not on the original Drawings . ' 0386-01720 - Record Documents 01720 - 1 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01720 - Record Documents.doc Rev. 05/01 ' 3 . CERTIFICATION OF PROJECT RECORD DRAWINGS A . OWNER will supply CONTRACTOR with Project Drawings in AutoCAD format on compact disc . Input Record Drawing information onto the AutoCAD files and return the files to the OWNER in accordance with Section 01810 — Project Closeout. B . CONTRACTOR and CONTRACTOR 's surveyor will each certify as to the accuracy of the Record Drawings and submit six (6 ) sets to the OWNER in accordance with Section 01810 ' — Project Closeout. The following certifications shall appear on each sheet of the Record Drawings : ' CONTRACTOR' S CERTIFICATION AS TO ACCURACY OF RECORD DRAWINGS : I HEREBY CERTIFY that to the best of my knowledge and belief, these Project Record Drawings ' are complete and accurate and correctly represent the constructed Work for this project. Contractor: Date : ' Contractor's License Number: ' SURVEYOR' S CERTIFICATION AS TO ACCURACY OF RECORD DRAWINGS : I HEREBY CERTIFY that to the best of my knowledge and belief, the land surveying information ' shown on these Project Record Drawings is complete and correctly represents the constructed Work for this project. I FURTHER CERTIFY that this survey work was performed by me personally or performed by individuals under my direct control and supervision . I ALSO CERTIFY that all the ' survey work for these Project Record Drawings meets all state laws and regulations regarding Land Surveyors and Mappers . ' Professional Surveyor and Mapper: Printed Name : ' Date : (SEAL) License Number: ' 4 . SPECIFICATIONS AND ADDENDA ' A. Legibly mark up each Section to record : a . Manufacturer, trade name , catalog number, and supplier of each product and item of equipment actually installed . ' b . Changes made by Change Order or Field Order. c . Other matters not originally specified . ' 5 . SUBMITTAL OF RECORD DOCUMENTS A. Deliver record documents to OWNER in accordance with the contract documents and ' plans . Final payment will not be made until ENGINEER receives satisfactory record documents . ' 0386-01720 - Record Documents 01720 - 2 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386-01720 - Record Documents.doc Rev. 05/01 ' B . Accompany submittal with transmittal letter containing : a . Date . ' b . Project title and number. c . CONTRACTOR'S name and address . d . Title and number of each record document. e . Certification that each document as submitted is complete and accurate . f. Signature of CONTRACTOR , or his authorized representative . 6 . RESPONSIBILITY FOR ACCURACY OF RECORD DOCUMENTS ' A . The CONTRACTOR will be held responsible for the accuracy of Record Document data and shall bear all costs incurred by the OWNER as a result of incorrect data furnished by the CONTRACTOR that is contained in the Record Documents . 7 . PAYMENT tA. Payment for Record Documents shall be made under the pay item for Record Documents . * * END OF SECTION ' 0386-01720 - Record Documents 01720 - 3 FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386.01720 - Record Documents.doc Rev. 05/01 Henry Dean, Executive Director 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) 329-4125 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finance) 329-4508 Yv SERVICE CENTERS NAGEMENT 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: tAZMA;h� O 1 STR i GT Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407.897-4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32935-8109 TDD 407-897-5960 904-730-6270 407-984-4940 407-752.3100 TDD 904-448-7900 TDD 407-722-5368 TDD 407-752-3102 May 10 , 2001 Indian River County 1840 25th ST ` ` MAY ' )AWA ay rrVero Beach , FL 32960 tri Er: SUBJECT: Permit Number 40-061 -68892 - 1 t1 � ` ' Jungle Trail Public Recreation Sites Dear Sir/Madam : Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on May 10 , 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 . Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties) of their rights to challenge the issuance of the general permit. If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party' s right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . In the event you sell your property , the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by ' 40C- 1 . 612 , F .A . C . Please assist us in this matter so as to maintain a valid permit for the new property owner. 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 Thank you for your cooperation , and if this office can be of any further assistance to you , please do not hestitate to contact us . 1 Sincerely , New IZA4Z4 Martha L Depalma Permit Data Technician 1 Division of Permit Data Services Enclosures : Permit with As-built Certification Form 1 Notice of Rights List of Newspapers for Publication cc : District Permit File Agent : Carter Associates , Inc . Consultant : Brad Smith Associates , Inc . i 1 1 1 1 1 1 1 1 1 ' ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 ' Palatka , Florida 32178-1429 ' PERMIT N0 . 40-061 -68892 - 1 DATE ISSUED : May 10 , 2001 PROJECT NAME : Jungle Trail Public Recreation Sites rA PERMIT AUTHORIZING : ' construction and operation of a new surface water management system to serve Jungle Trail Public Recreation Sites , a 4 . 04-acre project to be constructed as per plans received by the District on April 12 , 2001 . ' LOCATION : Section (s) : 3 Township (s) : 31 S Range (s) : 39E 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 May 10 , 2001 AUTHORIZED BY : St. Johns River Water Management District Department of Resource Management By : C40= -1 ' Se ice Center Director - Palm Bay) John E Juilianna i " EXHIBIT A " ' CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -68892=1 INDIAN RIVER COUNTY DATED MAY 109 2001 ' 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 ' activity and the conditions for undertaking that activity shall constitute a violation of this 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 violations of state water quality standards . ' 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment ' on -site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land ' Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988) , which are incorporated by reference , unless a project specific erosion and sediment control 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 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 . r40C-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. Be 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 maintenance documents must be received by the District when maintenance and operation of ' the system is accepted by the local governmental entity . Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by 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 (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 sufficient 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 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 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. ' 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 ears from the date of issuance . P P Y 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 . Theo operation and Maintenance entity shall submit inspection reports to the District two p tY P P ' 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 . 24 . The surface water management system must be constructed and operated as per ' plans received by the District on April 12 , 2001 1 Notice Of Rights 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 Sections120 . 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' n as an alternative hearingsuantto District Ruor may choose to pe 40C-ursue n1�. 1007 � remedy as described above . Pu 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 , dmin ive ing pursuant 3 . A substantially interested person has the' ridalStat tesf, wherght to a ormale there' sratdisputerbetween the to Section 120 . 569 and 120 . 57 ( 1 ) , Flo 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 . 3011 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 . 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) , ures to be followed re 7 . The right to an administrative' hearing Statutes , and Chapter r28-- 106 , Florida Admin staative governed by Chapter 120 , Florida Code and Section 40C- 1 . 1007 , Florida Administrative Code . Notice Of Rights 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 timely filed request for relief under Section 70 . 51 , 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) , t it time frame shall constitute a waiver of 10 . Failure to file a request for relief within he requisite im 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. ' 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 . Notice Of Rights 1 Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been 1 sent by U . S . Mail to : 1 Indian River County 1840 25th ST 1 Vero Beach , FL 32960 at 4 : 00 p . m . this 10th day of May , 2001 . Division of Permit Data S rvices Gloria Lewis , Director St. J g Johns River Water Management District 1 Post Office Box 1429 Palatka , FL 32178- 1429 (904) 329-4152 Permit Number: 40-061 -68892 - 1 1 i 1 1 1 1 1 00 M AY Ni Henry Dean, Executive Directi nor aEV34sa, � RECFElVED John R. Wehle, Assistant Executive Directs Q ENGNEER614113 c`�' 'GST OFFICE BOX 1429 PALATKA, FLORIDA 32178- 142! ®� `�' • TELEPHONE 904.329.4500 1 .800-451 -7106 SUNCOM 904860 4500 n TDD 904-329-4450 TDD SUNCOM 860-4450 � ' � �^! c ��^C� FAX (Executive) 329-4125 (Legal) 329.4485 (Permitting) 329-4315 (Administration/Finance) 329-450 � g T3 t A AGE 8'j SERVICE CENTERS DISTRICT" t ( 618 E.nd South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407.897-4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32935-8109 1 -877-228.1658 904-730-6270 407.984-4940 407.752-3100 FAX 407.697-4354 1 .800.852- 1563 1 .800-295-3264 TDD 407-752-3102 TDD 407-897.5960 FAX 904.730.6267 FAX 407.722.5357 TDD 904-448-7900 TDD 407-722-5368 ' Holders of General Permits Dear Permittee : Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the permit. If proper notice is given by ' publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party' s right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation within the affected area . A copy of the form of the notice and a list of newspapers of general circulation , usually used by the District, is attached for your use , however, you do not have to use only those newspapers listed. This publication need only occur once . Once the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District, submit this original affidavit of publication to : Gloria Lewis , Director Division of Permit Data Services P . O . Box 1429 Palatka , FL 32178 - 1429 Enclosed is a sample package used for newspaper noticing by the District. The package includes : " Page 2 - A copy of an example notice that District staff uses is included to provide guidance on the language to be used in the notice . This language satisfies the legal requirements for noticing. " Page 3 - A copy of a sample notice to be published is also included . Complete this form with your permit information and submit to a newspaper of general circulation . " Page 4 - The name , address , telephone number and facsimile for newspapers of general circulation are provided . This is the newspaper typically used by the District to advertise permits that are issued by the Governing Board . ' If I can be of further assistance , please contact me at ( 904) 329 -4235 or Mary McKinney at ( 904) 329 - 4400 . Sinc rely, Gloria Lewis , Director Division of Permit Data Services William Kerr, CHAIRMAN Ometrias D . Long , VICE =HAIRMAN Jeff K. Jennings . SECRETARY Duane Ottenstroer, TREASURER MELBOURNEBEACH APOPKA MAITLAND SWITZERLAND Dan Roach Revised SeptemberWiNDO M . Segal Oils Mason Clay Albright Reid Hughes FERNANDINABEACH H :/ pds/data/HOlders UE GLdAtTi;*NBerIDl [s ST, AUGUSTINE EAST LAKE WEIR DAYTONA BEACH - EXAMPLE FORM - NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on 11 /27/95 : ACME HOMES CO . , INC . , 1201 W . 15th Street , Palatka , FL 32177 , permit # 42 - 107- ' 0001 . The project is located in Putnam County Section 23 , Township 07 South , Range 34 East . The permit authorizes A SURFACE MANAGEMENT SYSTEM ON 20 ACRES TO SERVE A SINGLE - FAMILY RESIDENTIAL SUBDIVISION known as Blue Meadows . The receiving waterbody is ST . JOHNS RIVER . The file (s ) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m . to 5 : 00 p . m . at the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178 - 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57, Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement . The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28 - 106 , 111 and 28 - 106 . 401 - . 404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28 - 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka , FL 32177 . Petitions for administrative hearing on the above application (s ) must be filed within twenty- one (21 ) days of publication of this notice or within twenty- six ( 26 ) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of any right ( s ) such person (s ) may have to request an administrative determination ( hearing ) under sections 120 . 569 and 120 . 57 , F . S . , r concerning the subject permit . Petitions that are not filed in accordance with the above provisions are subject to dismissal . tBecause the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District ' s final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised September S. =000 H j'pds/data/ Holders of General Permits NOTICE OF AGENCY ACTION TAKEN BY THE ST , JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on ( Name and address of applicant) permit # . The project is located in County , Section , Township South , Range East . The permit authorizes A SURFACE WATER MANAGEMENT SYSTEM ON ACRES TO SERVE known as The receiving water body is ' The file (s ) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m . to 5 : 00 p . m . at the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178 - 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28 - 106 . 111 and 28 - 106 . 401 - . 404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28 - 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka , FL 32177 . Petitions for administrative hearing on the above application (s ) must be filed within twenty-one (21 ) days of publication of this notice or within twenty- six (26 ) days of the District depositing notice of this intent in the mail for those persons to whom the District. mails actual notice . Failure to file a petition within this time period ' shall constitute a waiver of any right ( s ) such person (s ) may have to request an administrative determination ( hearing ) under sections 120 . 569 and 120 . 57 , F . S . , concerning the subject permit . Petitions that are not filed in accordance with the ' above provisions are subject to dismissal . Because the administrative hearing process is designed to formulate final agency ' action , the filing of a petition means that the District' s final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to r petition to become a party to the proceeding , in accordance with the requirements set forth above . r r Revised September 3, '_000 H:/pds/data/Holders of General Permits NEWSPAPER osceoLA ADVERTISINGP . o . Box 2831 Little sentinel ALACHUA Daytona Beach , FL 32115 Legal Advertising ' The Alachua County Record 904-252- 1511 /fax 904-252-6735 P . 0 . Box 2833 Legal Advertising INDIAN RIVER Orlando , FL 32802 Vero Beach Press Journal ' P . O . Bax 806 Legal Advertising 407-420-5160/fax 407-420-5011 Gainesville , FL 32603 P . O . Box 1268 POLK 352-377-2444/fax 352-338 - 1986 Lakeland Ledger Publishing Co . Vero Beach , FL 32960 BAKER Legal Advertising Baker County Press 561 -562-2611 /fax 561 -978-2366 P . 0 . Box 408 Legal Advertising LAKE Lakeland , FL 33802 P . 0 . Box 598 Daily Commercial PUTNAM Legal Advertising ' Maclenny, FL 32063 Palatka Daily News 904-259-2499/fax 904-259-6502 P . 0 . Drawer 7 Legal Advertising BRADFORD Leesburg, FL 34748 P . 0 . Box 777 Bradford County Telegraph 352-787-0902/fax 352-365- 1951 Palatka, FL 32178 Legal Advertising MARION 904-312-5200/fax 904-312-6664 ' P . O . Drawer A Ocala Star Banner, Legal Advertising ST. JOHNS Box 490 Starke, FL 32901 P . 0 . St, Augustine Record 904-964-6305/fax 904-964-8628Ocala, FL 32670 Legal Advertising BREVARD 352-867-4010/fax 352-867-4126 P . 0. Box 1603 Florida Today, Legal Advertising NASSAU St. Augustine, FL 32084 News -Leader, Legal Advertising P . O . Box 363000 904-829-6566/fax 904-829-6664 Melbourne , FL 32936 511 Ash Street Fernandina Beach , FL 32034 SEMINOLE 407-242-3500/fax 407-242-6618 Sanford Herald CLAY 904-261 -3696/fax 904-261 -3698 Legal Advertising ' Clay Today , Legal Advertising OKEECHOBEE 300 North French Avenue Okeechobee News P . 0. Box 1209 Sanford , FL 32711 Legal Advertising Orange Park , FL 32073 407-322-2611 /fax 407-323 -9408 904-269-6033/fax 904-242-6618 P . 0 . Box 638 VOLUSIA Okeechobee, FL 33472 DUVAL News Journal Corporation ' Florida Times Union ORANGE Legal Advertising Sentinel Communications Legal Advertising P . O . Box 2831 Legal Advertising P . O . Box 1494-4 Daytona Beach , FL 32120 P . 0 . Box 2833 Jacksonville, FL 32231 904-252- 1511 /fax 504-255-6735 Orlando , FL 32802 904-359-4321 /fax 904-359-4180 ' 407-420-5160/fax 407-420-5011 FLAGLER Flagier Tribune , c/o News Journal Revised September S . =000 4 H :/pds/data/Holders of General Permits BOARD OF COUNTY COMMISSIONERS ' 1840 25th Street, Vero Beach, Florida 32960-3365 Telephone: ( 561 ) 567- 8000 ' APPLICANT : ' MICHELLE GENTILE IRC ENGINEERING DIVISION 1840 25TH ST VERO BEACH, FL 32960 INDIAN RIVER COUNTY TREE REMOVAL PERMIT PROJECT/ APPLIC . NO . : 2000110077 / 25480 PROJECT NAME : GENTILE, MICHELLE ' PROJECT DESCRIPTION : WETLANDS RESOURCE PERMIT LANDITREE CLEARING PROPERTY OWNER' S NAME : TIIFSTATE OF FLORIDA (1/2) LOCATION OF ACTIVITY : JUNGLE TRAIL PARCEL NUMBER : 26-31-3940000-0100-00001. 0 ' 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 . SPECIFIC CONDITIONS : 1 . This tree removal permit authorizes the removal of protected trees in conjunction with the approved site plan . ' 2 . Protected tree that are to remain are required to have temporary barriers placed at the root zone/drip line of the tree (s) prior to construction . These barriers are to remain in place until a Certificate of Occupancy or Certificate ' of Completion is issued . Tree wells may be required if the viability of any saved protected tree is threatened by fill . 1 DATE OF PER 1IT ISSUANCE : 10/10/01 rDATE OF PERMIT EXPIRATION : ONE YEAR from date of permit issuance (or expiration concurrent with the approved site plan/L . D . P . , as applicable) r SIGNATURE OF AUTHORIZATION : 1 Brian Poole Environmental Planner Indian River County r tree. letter Proj ./Appl . x2000110077/25480 1 r r r r r r r r BOARD OF COUNTY COMMISSIONERS ' 1840 25th Street, Vero Beach, Florida 32960-3365 �� co r 4 � Telephone: ( 561 ) 567-8000 ' 101' 10/01 APPLICANT : MICHELLE GENTILE IRC ENGINEERING DIVISION ' 1840 25TH ST VERO BEACH , FL 32960 INDIAN RIVER COUNTY LAND CLEARING PERMIT ' PROJECT NO ./PER-MIT NO . 2000110077 / 25479 PROJECT NAME : GENTILE, MICHELLE PROJECT DESCRIPTION : WETLANDS RESOURCE PERVIT LAND/TREE CLEARING PROPERTY OWNER' S NAME : TIIFSTATE OF FLORIDA (1/2) LOCATION OF ACTIVITY : JUNGLE TRAIL PARCEL NUMBER: 26-31-3940000-0100-00001. 0 THIS LAND CLEARING PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Ccde . The above named applicant is hereby authorized to perform the herein described activity in accordance with the specifications sta:_d ' herein and provided for in Chapter 927 . This permit does not absolve the applicant andlor property owner from the responsibilir, :o 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 Palm Bay office of the SJRWMD at phone number (321 ) 9844940 . 2 . LAND CLEARING ASSOCLXTED 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 land clearing shall arrange afield 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 . 4 . The applicant shall notify county environmental planning staff upon completion of the activity , who shall inspect the property tc ' confirm compliance which applicable county regulations . 5 . Debris resulting from the land clearing activity shall be disposed of at an approved disposal facility within 60 days of clearing completion, or burned with an air curtain incinerator burn permit from the County Fire Division (or State Division of Forestry , as ' applicable) , in accordance with County Code Chapter 925 . 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 a:-- d 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 ( 56 1 ) 567-8000, ext : 288 to ensure that the land clearer has required licensing. ' OTHER CONDITIONS , 1 . This permit authorizes land clearing in conjunction with the approved site plan . Best management practices are to be used to teliminate 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, unless authorized by an issued County Wetland Resource Permit. ' 1 . This permit 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 : 10/ 10/01 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 . : 2000110077/25479 lclr. letter 1 Department of FLOR A - � $* Environmental Protection ' Jeb Bush David B. Struhs Governor Secretary ' St. Sebastian River State Buffer Preserve 1000 Buffer Preserve Drive ' Fellsmere, Florida 32948 Phone : (321 )953 -5004 Fax :(321 )953 -5006 ' August 2, 2001 Mr. Jack Gaskins ' Department of Community Affairs ,l 2555 Shumard Oak Boulevard ' ? Tallahassee, Florida 32399-2100 =' of Ror ; da �'• .` v3rr ; gi n c � Dear Mr. Gaskins : Enclosed find 15 copies of a Draft Environmental Assessment for a restoration project being proposed on lands managed by the U. S . Fish and Wildlife Service at Pelican Island National Wildlife Refuge . The restoration project is part of a joint effort between the U. S . Fish and ' Wildlife Service and the Florida Department of.Environmental. Protection to restore habitat along the Indian River Lagoon. Please accept these copies for the state clearinghouse review process. ' If you have any questions or require any additional information, please contact me. ' Sincerely, Ce- M4 q J,4�0 ' Keith Fisher Preserve Manager ' "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recyded paper. r DRAFT ENVIRONMENTAL ASSESSMENT 1 RESTORATION OF UPLAND AND WETLAND HABITATS ON PELICAN ISLAND NATIONAL WILDLIFE REFUGE INDIAN RIVER COUNTY , FLORIDA ' July 31 , 2001 Contacts : Keith Fisher ' Florida Department of Environmental Protection St. Sebastian Buffer Preserve 1000 Buffer Preserve Drive ' Fellsmere , FL 32948 Phone ( 321 ) 953-5004 Fax (321 ) 953- 5006 Paul Tritaik , Refuge Manager ' U . S . Fish and Wildlife Service Pelican Island National Wildlife Refuge 1339 20th Street Vero Beach , FL 32960- 3559 Phone ( 561 ) 562 - 3909 , ext . 244 Fax ( 561 ) 564-7393 1 TABLE OF CONTENTS 1 . 0 Purpose and Need for Action ' 1 . 1 Introduction 1 . 2 Purpose of the Proposed Action 1 . 3 Need for the Proposed Action 1 . 4 Decision That Must be Made 1 . 5 Issues and Concerns 1 . 6 Coordination and Consultation ' 2 . 0 Alternatives Including the Proposed Action 2 . 1 Alternative 1 : No Action , 2 . 2 Alternative 2 : The Proposed Action . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks , palm hammocks , freshwater ' wetlands , and tidal wetlands . 2 . 3 Alternative 3 : Partial Restoration . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks and palm hammocks . No wetlands would be restored . 3 . 0 Affected Environment ' 3 . 1 Physical Environment 36 1 , 1 Geology and Soils 3 . 1 . 1 . 1 Contaminants Survey 3 . 1 . 2 Surface Waters ' 3 . 2 Biological Environment 3 . 2 . 1 Vegetation ' 3 . 2 . 2 Wildlife 3 . 2 . 3 Fish 3 . 3 Socioeconomic Conditions 3 . 4 Cultural Resources 4 . 0 Environmental Consequences 4 . 1 Alternative 1 : No Action . ' 4 . 2 Alternative 2 : The Proposed Action . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks , palm hammocks , freshwater wetlands , and tidal wetlands . 4 . 3 Alternative 3 : Partial Restoration . Restore native habitats by removing exotic plants , including citrus groves , ' and converting to maritime hammocks and palm hammocks . No wetlands would be restored . 5 . 0 List of Preparers ' 6 . 0 Literature Cited 7 . 0 Appendix : Figures 1 ' 1 . 0 PURPOSE AND NEED FOR ACTION The Florida Department of Environmental Protection ( DEP ) and the U . S . Fish and ' Wildlife Service ( FWS , the Service) propose to restore 158 acres of land on Pelican Island National Wildlife Refuge ( NWR) from current and former citrus groves back to ' native vegetation habitats , including upland freshwater habitats , and tidal wetland habitats . ' The purpose of this proposal is to : ( 1 ) provide a buffer of native habitats for the wildlife utilizing Pelican Island ; (2 ) restore natural community habitats for the direct benefit of wildlife ; ( 3 ) restore the upland water table to historic , natural conditions ; (4) restore the ' flow and function of tidal wetlands ; (5 ) contribute to providing a natural community link between Pelican Island NWR and Archie Carr NWR ; and (6 ) enhance educational and recreational opportunities . 1 . 1 Introduction Pelican Island NWR is located on the east coast of Florida , and is part of the Indian River Lagoon ecosystem ( Figure 1 ) . As our country's first national wildlife refuge , ' Pelican Island started as a 5 . 5 acre island , set aside " as a preserve and breeding ground for native birds " by executive order of President Theodore Roosevelt on March 14 , 1903 . The Refuge has since grown to over 5 , 200 acres through a long and ' complicated acquisition history ( Figure 2 ) . These acquisitions have been realized through the cooperative effort of many individuals , groups , organizations , and levels of government . Although approximately 5 , 236 acres are managed by the Service as the ' wildlife refuge , only about 211 acres are directly owned by FWS . The remaining land has various ownerships whereby FWS manages the lands through leases , easements , and agreements . A majority of the area being proposed for the restoration project is federal ) owned 1 Y 9P P P 1 Y ( Figure 3) , however some lands within and adjacent to the project area are owned by others or have been donated to the government ( Figure 4) . These partnerships have resulted in a net financial cost to the other organizations . Following is a brief acquisition history of the proposed restoration project area and some of the adjacent properties . Falling predominantly within the proposed restoration area are 37 . 5 acres that the Bureau of Land Management ( BLM ) withdrew for 40 years to be managed by FWS (on ' September 12 , 1979) . In its first acquisition from a private landowner (Thomas Kennedy , et al . ) the FWS acquired 6 . 92 acres on December 21 , 1990 . On March 21 , 1991 , FWS acquired 6 . 96 acres from Josephine Leiser. The Service obtained 10 acres ' from Mary Van Anderson Surman (agreement to purchase signed February 13 , 1992 ) , The Trust for Public Land sold 19 . 69 acres that were formerly owned by Mary Surman to FWS on January 11 , 1994 . On October 17 , 1995 , the Trust for Public Land sold 36 . 35 acres that they had acquired from Ken Kennedy . FWS bought 12 . 21 acres and Indian River County purchased the remaining 24 . 14 acres for $ 100 , 000 . Indian River 2 County then granted a conservation easement to FWS for the 24 . 14 acres ( Figure 4 ) . Indian River County also entered into a management agreement with FWS on July 22 , ' 1997 for 122 . 48 acres that the county had purchased from the Trust for Public Land and which had formerly been owned by Amile Korangy ( Figure 4) . Another tract ( 9 acres) that is part of Archie Carr NWR is leased from the State of Florida . The tract formerly belonged to Amile Korangy and was purchased by Florida via the Trust for Public Land in 1998 ( Figure 4 ) . In July 1998 , FWS purchased 20 . 833 acres of citrus groves (formerly owned by Ken Kennedy) from the Trust for Public Land . On March 12 , 1999 , the Conservation Fund sold 38 . 8 acres to FWS (former lands of Ken Kennedy) . A tract of 12 . 09 acres was purchased from Samuel Pryor by the Conservation Fund and was transferred to FWS on August 11 , 2000 . The Conservation Fund , through an anonymous donor, contributed $ 900 , 000 and FWS paid $ 300 , 000 . The Pryor tract is within the proposed restoration boundary ( Figure 4 ) . A small portion of the land (2 . 3 acres ) in the southwest corner of the proposed restoration project area is leased from ' the State of Florida as well . The State claimed title to those lands on September 24 , 1970 under the Swamp and Overflow Lands Act of 1850 . The acquisition of properties has been for the purpose of facilitating the mission of the Refuge . The mission of Pelican Island NWR is : ♦ to protect the historic rookery on Pelican Island " as a preserve and breeding ground ' for native birds " ; ♦ to protect , enhance , restore , and manage Refuge lands within the Indian River Lagoon ecosystem for the benefit of all threatened and endangered species , ' migratory birds , and a diversity of native plants and animals ; ♦ to protect Pelican Island as a National Historic Landmark and manage it as a National Wilderness Area and a Wetland of International Importance ; ♦ to protect the significant cultural resources within the Refuge ; ♦ to increase public understanding through environmental education and outreach ; and ♦ to provide compatible outdoor recreational opportunities . Refuge management is coordinated with a variety of partners at various landscape ' scales (e . g . , Indian River Lagoon partners and U . S . Shorebird Conservation Plan partners) to address long term habitat management and restoration . Through this planning process , FWS delineated the need to restore and manage Refuge habitats to benefit native species (e . g . , remove exotics and replant with native vegetation ; manage impoundments for specific wildlife benefits , especially for wood storks ; and restore citrus groves to freshwater marsh and maritime hammock) ; restore and manage Refuge ' habitats to aid in the recovery of threatened and endangered species (e . g . , sea turtles , manatees , and wood storks ) ; develop and implement monitoring programs ; restore and manage shorebird nesting habitat; and protect important foraging , loafing , and fish spawning sites . Of the 5 , 236 acres that make up Pelican Island NWR , most of the area is lagoonal waters (4 , 199 acres ) . The importance of the Refuge lands surrounding Pelican Island i 1 3 ' to act as a buffer and provide native habitat is thereby magnified . The proposed restoration area is north of Pelican Island and encompasses 158 acres ( Figure 3) . 1 There are 67 acres of active citrus groves in the restoration area ( Figure 5) . The lease for the operator using the groves expired April 30 , 2001 . Another 60 acres are former citrus groves in early successional stages following citrus tree removal . Also within the ' restoration area are 9 acres of land that has been fallow following Brazilian pepper removal . There is still a 6-acre tract of Brazilian pepper and Australian pines in the restoration area . Marsh habitat in the restoration area covers about 9 acres . There is 1 also an old field tract of about 7 acres ( Figure 5 ) . Annually , the Service removes up to 10 acres of exotics from the Refuge , but sufficient 1 funding has not been available to replant these areas in native vegetation . Consequently , regrowth continues . An exotic species control project along Jungle Trail involved the South Florida Ecosystem Team with a team of FWS employees from i several south Florida refuges and with equipment provided by Caterpillar Company . This project removed Australian pine from 2 acres and replanted the area with native vegetation (e . g . $ live oak , red bay , and gumbo limbo) . Through the Pelican Island 1 Preservation Society and the Pelican Island Audubon Society , volunteer moon vine removal has been conducted as a special attack project on an as needed basis . Volunteer Brazilian pepper busting activities have been coordinated with the Marine Resources Council , Pelican Island Preservation Society , and the Environmental Learning Center. Pepper piles still exist from past efforts and require burning . Discretionary funds from the Chief of Refuges in fiscal year 2000 enabled the Refuge to 1 remove Brazilian pepper and Australian pine from much of the former citrus groves and impoundments , and fund contracts to replant in native vegetation on a small area along Jungle Trail ( 3 acres) . 1 . 2 Purpose of the Proposed Action The primary purpose of the proposed habitat restoration is to increase the protection of the historic rookery on Pelican Island by providing a buffer of native habitats on lands surrounding the island . The land for which restoration is being proposed has already been acquired , but is covered with existing and former citrus groves . Restoring the land to native habitats would benefit wildlife utilizing Pelican Island , and other wildlife as well . Freshwater lakes and ponds would provide opportunity for wading birds to feed freshwater fish to their young (i . e . wood storks and white ibis) . Restored maritime hammock would provide valuable habitat for Neotropical migratory birds . The enhancement of aquatic wetlands with water-level controls will enable the restoration of the upland water table to historic , natural conditions . Restoring the water table level should contribute to the health of the restored hammock and marsh communities . The proposed land restoration will also contribute to providing a natural community link between Pelican Island NWR and Archie Carr NWR . Contiguous habitat on larger scales has biological value over small fragmented patches , and is critical for species such as woodrats and bobcats . The restoration of the proposed land will also enhance 4 ' the educational and recreational opportunities for the public . Though not covered by this environmental assessment , future plans are to provide public- use facilities in this area which include wildlife viewing trails , a wildlife viewing drive , and a boardwalk with ' an observation tower (for viewing Pelican Island ) . The presence of natural habitats with wetlands on these lands is requisite for the public- use plans . 1 . 3 Need for the Proposed Action FWS has recently acquired most of the lands proposed for the restoration , and is discontinuing the cultivation of the citrus groves on these lands . If the lands are simply allowed to go fallow , exotic plants such as Brazilian pepper and Australian pines will continue to become established . A window of opportunity exists upon ceasing citrus operations , to convert the land to native habitats and thereby prevent further infestation by exotic plants . 1 . 4 Decision that Must be Made DEP and FWS must decide to what extent the native habitats will be restored on the subject lands of Pelican Island NWR . 1 . 5 Issues and Concerns Issues concerning the restoration of the citrus grove lands on Pelican Island NWR have E concerned the habitat types that should be restored and the extent to which wetlands should be restored or enhanced . Discussions have included the possibility of creating habitat types that were not historically found on the coastal barrier island in this area such as pine flatwoods . Although inclusion of pine flatwoods would increase the diversity of the landscape , the decision was made to restore native habitats that were historically found in this location such as maritime forests . Maritime forest is diminishing and becoming increasingly threatened . Expansion and restoration of maritime hammock habitat would provide for resident wildlife including bobcats , woodrats , and Neotropical migratory birds . The extent to which the wetlands should be restored or enhanced has also been discussed . Conversion of the ditches into more functional freshwater habitats would increase foraging opportunities for wading birds and shorebirds . Restoration of the historical tidal habitats could re-establish mangrove swamp , salt marsh , mud flat , and sea grass bed habitats . 1 . 6 Coordination and Consultation 5 DEP and the Service have coordinated and consulted with the U . S . Army Corps of Engineers , the Florida Inland Navigation District , the Indian River County Board of Commissioners , Indian River County Environmental Planning , Indian River Lagoon Program - St . Johns River Water Management District , The Conservation Fund , Pelican Island Preservation Society , Brad Smith Associates , and Lewis Environmental Services . ' Various publications have provided the public with information concerning the proposed habitat restoration and subsequent plans for providing public-use facilities . Such newspaper articles have appeared in the Vero Beach Press Journal on July 12 , August 5 , and December 11 , 2000 . The Pelican Island NWR Progress Report was published in December 2000 . On March 5 , 2001 , the Refuge manager was the guest on a Community Focus Show held on WQCS radio in Fort Pierce . The proposed habitat restoration was presented along with other Refuge topics . As part of the public scoping phase of the Comprehensive Conservation Plan for Pelican Island NWR , 5 public meetings were held in which the conceptual phase of the proposed habitat restoration project was discussed . Three neighborhood meetings were held : May 3 , 2000 Immaculate Conception Catholic Church , Melbourne Beach ; May 25 , 2000 Environmental Learning Center, Wabasso Island ; and June 1 , 2000 Chapel by the Sea , Melbourne Beach . There were also two countywide meetings : June 14 , 2000 Sebastian River High School , Sebastian , and June 15 , 2000 Florida Institute of Technology , Melbourne . Numerous presentations and discussions have been held at meetings of public groups : ' Oct. 26 , 2000 Meeting of the Subcommittee on Managed Marshes , Sebastian Nov . 15 , 2000 Meeting of the Sebastian Historical Society Dec. 11 , 2000 Meeting of the Environmental Learning Center' s Volunteers , Wabasso Island Jan . 15 , 2001 Meeting of the Pelican Island Audubon Society , Vero Beach Jan . 22 , 2001 Meeting of the Pelican Island Preservation Society , Wabasso Island March 5 , 2001 Meeting of the Board Members of the Pelican Island Audubon Society , Vero Beach March 14 , 2001 Meeting of the Indian River Lagoon Scenic Highway Advocacy Group , Indialantic March 24 , 2001 National Audubon Society Workshop , Wabasso Island 6 rMarch 30 , 2001 Vero Beach Rotary Club , Vero Beach April 6 , 2001 Meeting of the Marine Resources Council , Grant April 23 , 2001 Meeting of the Pelican Island Preservation Society , Wabasso May 12 , 2001 Field trip for North Beach Civic Association and Oslo ' Riverfront Conservation Area volunteers May 16 , 2001 Meeting of the Sebastian Exchange Club 2 . 0 ALTERNATIVES INCLUDING PROPOSED ACTION 2 . 1 Alternative 1 : No Action . No action would leave existing lands as citrus groves and cleared citrus groves . Cleared citrus groves would be subject to succession and be susceptible to invasion by exotic plant species . Subject lands are already being managed as part of the Refuge , and the agreement for the former grove owner to continue operation of the citrus groves has expired . 2 . 2 Alternative 2 : The Proposed Action . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks , palm hammocks , freshwater wetlands , and tidal wetlands . DEP and the Service propose to restore native habitats in the 158-acre area largely west of Jungle Trail and southeast of Bird ' s and Pete ' s impoundments ( Figure 3) . Exotic plants such as Australian pines , Brazilian pepper, and torpedo grass would be removed and controlled . Citrus trees , which cover 67 acres of the proposed restoration area , would either be removed totally or grinded down to the ground and the chips left in place . Where excavation work or grading is planned (e . g . , for reconfiguring freshwater wetlands) , trees and roots would be removed . Where excavation is not ' needed , citrus tree roots would remain in the ground , thereby reducing ground disturbance and discouraging the opportunistic invasion of those exotic plants which establish readily on disturbed soils . Three freshwater lakes (~ 16 acres total ) and about 6 ephemeral freshwater ponds (~2 acres total) would be reconfigured on upland locations in place of existing ditches . The freshwater lakes would have perimeter berms and flashboard risers to allow water-level control . If, needed , water would be pumped from ditches and existing irrigation wells to initially fill the lakes . If outside the rainy season , the existing irrigation system would be used to water newly planted native vegetation for a 3 to 6 month period . Over time , drawing of ground water should be minimal , and would stay below the water amount as ' permitted by the St. Johns River Water Management District. Excavated soils from these freshwater lakes and ponds would be used to fill 3 east-west drainage ditches 7 and 1 north -south drainage ditch in the citrus groves . Where needed to re-establish a more naturally draining topography , mounds and furrows which run north -south in the citrus groves would be leveled . Along the southern boundary of the restoration area , bordering the Indian River Lagoon , the tidal marsh area would be restored and enhanced through excavation . Excavated soils would be used to fill ditches . Restored salt-water habitats would be sea grass , mud flat , tidal marsh , and mangrove swamp communities . Some tidal connections between brackish -water ditches and the Lagoon would be improved or re-established . Native plants would be planted in the restoration area , appropriate for the targeted community type and hydric properties of the soils . Anticipated community types include : maritime hammocks , palm hammocks , forested lake communities , herbaceous lake communities , ephemeral pond communities , mangrove swamps , and tidal marsh . A partial list of anticipated species to be planted include : live oak , wax myrtle , cabbage palm , Florida red bay , yaupon holly , red maple , willow, saw palmetto , Florida privet , sand cordgrass , soft rush , bulrush , pickerel weed , lance- leaf arrowhead , fragrant waterlily , buttonbush , St. John ' s wort, coastal spikerush , red mangrove , black mangrove , smooth cordgrass , and black needlerush . In addition to the main restoration site described thus far, a 7 -acre site bounded by highway AM and the northern -most segment of Jungle Trail is to be improved and maintained as an old field community type for the benefit of the southeastern beach mouse ( Figure 6 ) . Upon completion of the restoration project , zones of proposed restored habitat types would be as follows : 7 acres of old field , 16 acres of tidal habitat , and 135 acres of freshwater wetland and upland communities ( including maritime hammock and palm hammock ; Figure 6 ) . Administration and Management . The proposed habitat restoration project work would be administered by a partnership with the Florida Department of Environmental Protection and Indian River County. FWS would continue to manage the land as part of the Refuge . ' 2 . 3 Alternative 3 : Partial Restoration . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks and palm hammocks . No wetlands would be restored . Like under alternative 2 , citrus trees and exotic vegetation would be removed from the proposed 158-acre site located predominantly between Jungle Trail and the impoundments ( Figure 3 ) . However, unlike alternative 2 , no freshwater or marsh wetlands would be restored . Because no fill would be produced by excavation for wetlands , grove ditches would not be filled . Native vegetation would be planted to restore maritime hammock and palm hammock habitats . The old field habitat would be selectively cleared as needed to keep it open and free of exotic plants . 8 3 . 0 AFFECTED ENVIRONMENT ' This section describes the environmental resources located within the Refuge and the proposed restoration area . The resources include the relevant physical , biological , socioeconomic, and cultural conditions that would be affected by implementing the proposed action . 3 . 1 Physical Environment 3 , 1 . 1 Geology and Soils The surface formations of the Pelican Island NWR area are of Pleistocene Glacial and Holocene ( Recent) origin . The Anastasia Formation underlies the barrier islands , the ' Indian River Lagoon , and the Atlantic coastal ridge . It consists of fine to medium sand , coquina , and sandy shell . rThe Soil Conservation Service Soil Survey of Indian River County, Florida indicated that the predominate shallow subsoil at the proposed restoration area of Pelican Island NWR is Captiva fine sand , hydrologic soil group B/D ( USDA , 1987) . Captiva fine sand ' is described as being located in narrow elongated sloughs between dune ridges and mangrove swamps . The soil is nearly level and poorly drained with low fertility (Wettstein et . al , 1987 ) . Soils near the Indian River Lagoon , at the south side of the proposed restoration area , were mapped as McKee mucky clay loam ( USDA , 1987) . McKee mucky clay loam is found at or near sea level in and adjacent to the Indian River Lagoon in mangrove islands and swamps . This soil is level and very poorly drained . Under natural conditions , this soil remains saturated (Wettstein et. al , 1987) . The site of the proposed tidal wetland restoration has McKee mucky clay loam soil , indicating that the area was once a tidal wetland in the past . r The average ground elevation for the uplands of the proposed restoration area and site of the proposed freshwater wetlands is estimated at 2 . 5 feet above mean sea level . ' Based on soil investigations in the proposed restoration area uplands , the average wet season water table is estimated to be at 1 . 8 feet above mean sea level ( Brad Smith Associates , Inc. , 2001 ) , 3 . 1 . 1 . 1 Contaminants Survey Because the proposed restoration land had been used for citrus farming , a survey for soil contaminants was conducted June 15- 17 , 1999 on the Kennedy tract , the Surman tract , and the Pryor tract. Soil samples from 9 sites were tested for organochlorine compounds and metal residues . Organochlorine compounds are long - lived in the environment , have a high potential to bioaccumulate up the food chain , and can cause reproductive failure in birds at very low environmental concentrations . No 1 1 9 organochlorine pesticide residues were detected in the soil samples (Salomon , 2000) . Four of the tested sites require (d ) consideration or action : Granular material on the Pryor tract . A granular material found on the property was tested . Based on the concentrations and presence of trace metals , the material was most likely fertilizer. A positive identification was not possible however, because it was not analyzed for nitrogen and phosphorus . The survey report stated that because zinc ' potentiates the effects of other metals , the concentrations of copper, mercury , and zinc in the material could be toxic to aquatic benthic organisms . The survey report recommended that the material should be removed from the tract . Status : The material was removed along with other debris such as paint cans in 2000 . No further action should be needed . 1 Unvegetated area on Pryor tract . Test results on the sample did not indicate the cause for the lack of vegetation on this area . The survey report recommended that if wetland restoration is planned for this area , that it may be advisable to conduct some sediment toxicity tests to ensure that potential harm to wildlife from this area would not occur. Contacting former property owners for additional insight and testing for petroleum hydrocarbons were additional suggestions , dependent on plans for the site ( Figure 7) . ' Status : Further investigation needed dependent on management activities . Pesticide mixing/storage area on Surman tract . Copper was high (523 ppm ) , indicating the use of a copper-related fungicide (e . g . copper sulfate) . This level was nearly twice the Effects Range Median (ERM ) of 270 ppm , which is an effect-based sediment guideline above which the concentration is frequently expected to be toxic to most aquatic benthic organisms . The sample copper concentration was also higher than Florida ' s residential soil clean - up level of 110 ppm for hazardous waste sites , but well below the commercial/industrial soil clean - up level of 76 , 000 ppm . Zinc and magnesium concentrations were also high , but toxicity from these metals is not expected ( Eisler, 1993) . No action was recommended if there will be little potential for ' wildlife to be exposed to soils in the area . However, the survey report recommended not to reconfigure a wetland in this area without further delineation of the contaminant to determine the potential for deleterious effects on wildlife exposed to this site ( Figure ' 7) . Status : As of the writing of this assessment , plans are to excavate a freshwater lake in this area . Further investigation needed and possible remedy, if excavation of sediment does not completely remove the contaminant. rIsolated white mangrove swamp on Surman tract. Copper concentration of 289 ppm was slightly higher than the ERM , indicating a potential toxicity to benthic invertebrates at this site . Copper does not generally accumulate in the food chain , but the copper concentration could reduce food availability in this area . Zinc , magnesium , and boron were also elevated but not believed to pose any threat to wildlife . The survey report recommended further evaluating contamination at this site ( Figure 7) . Status : Further 10 1 investigation needed . 3 . 1 . 2 Surface Waters Pelican Island NWR is located in the Indian River Lagoon , a narrow estuarine lagoon that extends 155 miles along Florida ' s east-central coast . The most proximate watershed is the St . Sebastian River (which includes the C-54 canal ) . The lagoon ' s ' natural drainage extends from the western edge of the barrier island westward to the Atlantic coastal sand ridge . The St . Sebastian River watershed extends west of the sand ridge and contributes fresh water to the brackish lagoon . The C-54 canal extends into the St . John ' s River Upper Basin beyond the natural watershed , and contributes fresh water periodically . The Sebastian Inlet is almost directly east of the mouth of the St. Sebastian River. The mixing of these waters creates a true estuary . Historical ) the Indian River Lagoon was predominately a freshwaters stem due to the Y � 9 p Y Y limited number and inconsistent character of natural ocean inlets . Evidence of this is rapparent from the testimony of early pioneers and from the presence of abundant oyster shell mounds that once dominated the shorelines . Today , the more saline tolerant clams have displaced oysters as the predominant shellfish in the system . Under § 303 (d ) of the Clean Water Act, the U . S . Environmental Protection Agency ' ( EPA) has identified parameters of concern for impaired waterways ( U . S . Environmental Protection Agency , 2000a , 2000b) . At the confluence of Sebastian Inlet and the St . Sebastian River, the Indian River Lagoon has several identified parameters of concern : cadmium , lead , mercury , nutrients , selenium , silver, thallium , and dissolved oxygen ( U . S . Environmental Protection Agency , 2000b) . Where the St. Sebastian River meets the Indian River Lagoon , nutrients and dissolved oxygen are identified by the EPA as parameters of concern ( U . S . Environmental Protection Agency , 2000b) . Water quality in the Indian River Lagoon varies depending on tides , weather, and the extent of shoreline development. In general , the water quality in the Refuge is good to excellent because of the absence of point source pollution and the relatively undeveloped , vegetated shoreline . The Florida Department of Environmental ' Protection identifies the waters within the Refuge as Class II waters , which indicates that the water quality is sufficient for shellfish harvesting . On the west side of the proposed restoration project area are Bird ' s and Pete ' s Impoundments . These mosquito impoundments are each connected to the Indian River Lagoon via one 24- inch and five 30-inch diameter culverts with flap gate risers . The water quality in the impoundments was evaluated in 1996 in response to elevated coliform levels found in the vicinity of Pete ' s Impoundment ( IRC 3 ) . O ' Bryan and Carlson ( 1996) found coliform levels to be lower in the interior of the impoundments than along the shoreline , and concluded that the impoundments were not the source of the elevated coliform levels found near shellfish leases . 11 In the citrus groves of the proposed restoration area , a network of mounds , furrows , and drainage ditches were excavated at one time to control the water table elevations within the groves . Rows of mounds and furrows run north -south . Runoff flows north and south to 3 east-west drainage ditches which flow west into a freshwater ditch on the western boundary of the proposed restoration area . This western ditch is connected to ' the Indian River Lagoon via a 24- inch diameter culvert with a tidal flap gate . There is also a north -south freshwater drainage ditch just west of Jungle Trail which connects to the Indian River Lagoon on the south . On the southern portion of the proposed restoration area , there exists about 10 acres of marsh . Historically the tidal marsh area would have been larger, but ditching and draining of the area for citrus grove operations exposed the land . 3 . 2 Biological Environment Considered the most productive estuary in the United States , the Indian River Lagoon and its associated wetlands provide cover, foraging areas , and key life history habitat in ' support of hundreds of species of wildlife and plants in habitats that cover the gradient of aquatic, transitional , and upland . Pelican Island NWR lies within the zone of overlap between the temperate Carolinian and the tropical Caribbean , and thus supports plants ' and animals from both zones . r3 . 2 . 1 Vegetation The Indian River Lagoon area includes a variety of habitat types and over 1 , 350 plant tspecies . Aquatic communities of the lagoon include exposed bottoms , drift algae , and sea grasses , as well as freshwater, riverine , estuarine , and subtidal areas . Transitional communities of the lagoon include high salt marshes , mangrove swamps , and impoundments . Coastal hammocks , coastal strand , lagoonal islands , spoil islands , hardwood hammocks , and pine flatwoods form the upland communities of the area ' around the lagoon . The sea grass beds of the Indian River Lagoon and the Refuge are important to a variety of wildlife (e . g . , West Indian manatees and juvenile green sea turtles) and are indicators of the health of the lagoon system . Key habitats in the lagoon region , including beach dune , coastal strand , maritime hammock , swamps , mangroves , sea grasses , and pine flatwoods support the high native diversity of the area , which includes a variety of threatened and endangered species . • Beach Dune - generally consists of the upper beach and foredune and is primarily a herbaceous community of wide ranging coastal specialists . • Coastal Strand - is the most common community located behind the dune zone and is generally a dense , flat-topped , evergreen shrub community with a mix of tropical species in the more southern areas of the State of Florida . • Maritime Hammock - consists of shorter forests with a monotonous canopy of sabal 12 ' palms , maritime live oak , and red bay with a structurally diverse understory of woody species . • Mangroves - include red , white , and black mangroves , as well as buttonwoods ; trap and stabilize intertidal sediments ; provide erosion protection ; provide aquatic habitats with the root structures ; and provide opportunities for nesting and roosting ' in the branches . • Sea grasses - serve key habitat needs and are submerged vascular plants that can form dense vegetative communities in shallow water estuaries . • Hydric Pine Flatwoods - include a pine overstory with a wetland plant understory . ( Not currently found in the Refuge . ) • Mesic Pine Flatwoods - consist of an emergent tree layer of pines with a ground layer of low vegetation . ( Not currently found in the Refuge . ) U . S . Fish and Wildlife Service , 1999 ' The most pervasive exotics within the Refuge are Australian pine and Brazilian pepper, which are scattered throughout the Refuge on natural and spoil islands , along impoundments , and in upland areas . Other exotics occurring or expected to occur on the Refuge include : torpedo grass , Bermuda grass , assorted crabgrasses , bahia grass and its relatives , barnyard and related grasses , Indian goosegrass , centipede grass , exotic Lantana camara and its hybrids , burrnut (Jamaican feverplant) , carrotwood , papayas , and air potato . Aquatic exotics have not been studied within the Refuge . ' Within the proposed restoration area , Australian pines and Brazilian pepper are present. Citrus trees (grapefruit) are the dominant vegetation within the restoration project area . r 3 . 2 . 2 Wildlife rHundreds of animal species utilize the Indian River Lagoon region . Pelican Island NWR provides habitat for 13 federally threatened and endangered wildlife species : West Indian manatee , southeastern beach mouse , green sea turtle , hawksbill sea turtle , Kemp ' s ridley sea turtle , loggerhead sea turtle , leatherback sea turtle , Atlantic salt marsh snake , eastern indigo snake , American alligator, wood stork , piping plover , and bald eagle . At least 51 wildlife species (excluding fish — see section 3 . 2 . 3) occur on the Refuge that are listed or under consideration by at least one of the following : Federal , State of Florida , Florida Committee on Rare and Endangered Plants and ' Animals , Florida Natural Areas Inventory , and Audubon Watch List for Florida . Surveys have documented the presence of the federally threatened southeastern beach mouse on the 7-acre old -field site east of Jungle Trail ( Figure 5 ) . Trapping success has varied from 1 to 4 mice in previous years , but only one mouse was trapped in 2000 . 1 Juvenile green sea turtles , manatees , and bottlenose dolphins , wading birds , and diving r r 13 rbirds utilize sea grass beds of the Indian River Lagoon as feeding grounds . Juvenile green sea turtles are relatively abundant in the Indian River Lagoon , while sub-adult ' loggerhead turtles are present , but at a lesser density . Pelican Island serves as a breeding ground for: wood storks , brown pelicans , white ibises , great blue herons , little blue herons , tricolored herons , green -backed herons , black-crowned night-herons , great egrets , snowy egrets , reddish egrets , cattle egrets , double-crested cormorants , anhingas , common moorhens , ospreys , and American oystercatchers . Other species that utilize Pelican Island for roosting , feeding , or loafing include : white pelicans , roseate spoonbills , magnificent frigatebirds , laughing gulls , ring - billed gulls , herring gulls , great black-backed gulls , royal terns , Caspian terns , Forster' s terns , least terns , sandwich terns , black skimmers , sanderlings , willets , western sandpipers , short-billed dowitchers , greater yellowlegs , ruddy turnstones , black- bellied plovers , mottled ducks , blue-winged teal , red- breasted mergansers , common loons , ' American coots , black vultures , turkey vultures , belted kingfishers , red -winged blackbirds , and fish crows . The federally endangered wood stork is of special interest. Wood stork populations have declined sharply in Florida , from 60 , 000 in the 1930 's to 5 , 000 nesting pairs recently . Wood storks have been nesting on Pelican Island since 1950 . The Pelican Island colony has been one of the most consistently active rookeries in the state ( Rodgers et al . , 1987) . Currently about 90- 150 pairs of wood storks nest on Pelican Island each year. In 1991 , a study to compare wading bird responses to different management regimes in nearby Bird ' s and Pete 's Impoundments was initiated . Wood storks exhibited an opportunistic response in 1993 to a spring drawdown when their freshwater feeding grounds in the St . John River Upper Basin were flooded . Wood storks exhibited the highest level of usage per occurrence among all the wading birds identified ( O ' Bryan and Carlson , 1993) . Although adult wood storks (and white ibis) feed in fresh water, brackish water, and saline environments , their breeding success is dependent upon access to freshwater food sources for their young . 3 . 2 . 3 Fish ' The fish of the Indian River Lagoon and its tributaries comprise a diverse assemblage of tropical , temperate , inshore , offshore , and freshwater species . The Harbor Branch Oceanographic Institution has identified 682 species of fish throughout the lagoon , including popular sportfish such as snook , red drum , spotted seatrout, and tarpon . The richness of this fishery appears to be directly related to the wide variations in water temperature and salinity , which are attributed to the area ' s transitional location between the tropic and temperate zones . At least 15 fish species occur on the Refuge that are listed or under consideration by at least one of the following : State of Florida , Florida Committee on Rare and Endangered Plants and Animals , and Florida Natural Areas Inventory . Included on these lists are the mangrove rivulus and the common snook , which are species of 14 special concern on the Florida list . 3 . 3 Socioeconomic Conditions ' Lands within the proposed restoration area were once active citrus9 roves . The purchase of these tracts most likely resulted in a net decrease in farming in the immediate barrier island area . However, as land prices increase , the trend has been that citrus farms are sold to residential developers . Recent development of lands has been at an especially high rate on the barrier island . ' Refuge habitats daily face the impacts of human development , including pollution , runoff, increased nutrients , increased sedimentation in waterways , lost adjacent habitat , feral animals , free roaming pets , litter, increased road kills , and increased demands for mosquito spraying . Additional impacts result from increased use of the Indian River Lagoon for recreational and commercial uses . ' 3 . 4 Cultural Resources Several archaeological surveys have been conducted on Pelican Island NWR lands over the years ( Rudolph and Braley , 1981 ; Eck et . al , 1998a , 1998b ; Kanaski , 2000 , 2001 ) . The most recent surveys have included the Surman tract, the Pryor tract, and the Kennedy tract . Of 8 archaeological sites identified in the general area , 4 of them occur either wholly or partially within the proposed restoration project area . In addition , Kanaski (2001 ) found one locus that warranted further investigation to determine its nature and extent . The activities of the proposed restoration shall not disturb these sites , including a 15-meter buffer area around them . In the event that a previously undetected archeological site is uncovered by this project , activity must stop and the Refuge must notify the Office of the Regional Archaeologist immediately for a site assessment. After the assessment and consultation with the State Historic Preservation Office , work will either resume or a 15-meter buffer placed around the site , dependent on its eligibility for the National Register of Historic Places ' ( Kanaski , 2001 ) . 4 . 0 ENVIRONMENTAL CONSEQUENCES 4 . 1 Alternative 1 : No Action . No action would mean no active restoration efforts would occur on the proposed restoration area . The lands are already owned by FWS , BLM , and the State . The 67 acres of active citrus groves would remain covered in grapefruit trees . Ditches would remain and therefor' erefor the water table would remain lowered in the area . Citrus groves 15 that have been cleared would continue to experience a slow natural succession . ' Sparsely dispersed cabbage palms have been growing on the already cleared Surman tract. However, exotic plants such as Brazilian pepper and Australian pine have proven to be very invasive . If no action is taken , the plant communities would most likely ' contain large numbers of these exotic plants unless aggressive control was continued such as spraying and clearing . Citrus groves are of limited value to most wildlife , however, ground doves , marsh rabbits , cotton rats , rat snakes and hawks do utilize them . The benefits to wildlife and the ecosystem from restoring and enhancing natural communities , tidal wetlands and freshwater wetlands would not be realized . A potential economic gain to the community could be lost if no restoration occurred and public- use ' facilities were installed without habitat to support wildlife that could be viewed by visitors , and therefore no net gain to local tourism occurred based on Refuge visitation . 4 . 2 Alternative 2 : The Proposed Action . ' Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks , palm hammocks , freshwater wetlands , and tidal wetlands . Under this alternative , citrus trees and exotic vegetation would be removed from the proposed 158-acre site located predominantly between Jungle Trail and the impoundments ( Figure 3 ) . Ditches would be reconfigured into freshwater lakes and freshwater ephemeral ponds by excavation . Some citrus grove ditches would be Tilled . The water table should be raised to a more historic , natural level with the aid of the level ' controls on the lakes and the filling of the ditches . The tidal marsh area would be restored by excavation . Native vegetation would be planted in each of the restored habitats : maritime hammock , palm hammock , freshwater wetlands , and tidal wetlands . The old field habitat would be selectively cleared as needed to keep it open and free of exotic plants ( Figure 6 ) . It would be impracticable to plant all vegetative species that ultimately occur in a natural plant community . However, by planting a variety of primary and secondary species , colonization by other plant members is facilitated by various means . One of these is by ' animals which inadvertently transport seed from other locations . These animals might not frequent a citrus grove , but would appear in a tract that had the cover of a maritime hammock community . Shade-tolerant species whose seed might be dispersed into a sunny citrus grove may not be able to grow, but in the shade of oak and palm overstory may be able to take root . Hence , restoration plantings would not only accelerate natural succession , but self-colonization of desirable plants would be facilitated as well . ' In stark contrast to citrus groves , natural habitats support a huge array of plant and animal species . Maritime hammocks are dominated by live oaks and cabbage palms , and include an understory with a diverse assemblage of tropical and temperate plants . Key wildlife species are Neotropical migratory birds , woodrats , eastern indigo snakes , 16 ' land crabs , and bobcats . Freshwater lakes with water control structures that ultimately connect to the Lagoon could allow anadromous fish migration , benefitting pipefish , ' snook , and gobies . This could result in the recruitment of 10 fish species unique to this area . Seasonally fluctuating ponds would benefit frogs , salamanders , crayfish , land crabs , Rivulus, red -bellied sliders , mud turtles and snapping turtles . The freshwater ' wetlands would provide foraging grounds for nesting and wintering birds . The old field habitat would benefit southeastern beach mice , ground doves , gopher tortoises , and migrants such as bobolinks and loggerhead shrikes . In the proposed tidal restoration , mud flats , sea grass beds , salt marsh , and mangrove swamp communities are planned . Exposed mud flats (or exposed bottoms) lack rooted plants , but support algae communities . Oyster bars are another important component of this community . They provide cover for invertebrates and small fish , which in turn provide a forage base for animals along the food chain . Key species for mud flats are ' segmented worms , brittle stars , clams , oysters , stingrays , and flounders . Sea grass beds are submerged and play a prominent role as a nursery . In grass meadows , 214 fish species have been identified , of which 87 % were juveniles . Key species include ' manatees , juvenile green sea turtles , redfish , spotted sea trout , sea horses , blue crabs , clams , shrimp , sea urchins , and wading and diving birds . Salt marshes are areas of salt tolerant wetland vegetation , often containing ponds , natural depressions , and ' creeks that are utilized by fish , crabs , and shrimp . Other key species include diamond - back terrapins , fiddler crabs , marsh rabbits , Atlantic salt marsh snakes , piping plovers , clapper rails , and wood storks . In mangrove swamps and fringes , mangroves trap and ' collect sediment to help stabilize shorelines and reduce flood damage . Over 100 fish species and shellfish are dependent on mangroves . Key animal species are mangrove water snakes , river otters , racoons , mangrove crabs , snook , pelicans , wood storks , herons , egrets , shorebirds , periwinkle snails , conch , and juvenile and predatory fish . The restoration of the proposed area to natural communities would : ( 1 ) increase the protection of the historic rookery on Pelican Island by providing a buffer of native habitats on lands surrounding the island ; (2 ) restore natural communities for the benefit of wildlife ; (3) restore the water table to higher, natural conditions ; (4) restore the flow and function of tidal wetlands ; (5) contribute to providing a natural community link between Pelican Island NWR and Archie Carr NWR ; and (6 ) enhance educational and ' recreational opportunities . 4 . 3 Alternative 3 : Partial Restoration . Restore native habitats by removing exotic plants , including citrus groves , and converting to maritime hammocks and palm hammocks . No wetlands would be ' restored . Like under alternative 2 , citrus trees and exotic vegetation would be removed from the proposed 158-acre site located predominantly between Jungle Trail and the impoundments ( Figure 3 ) . However, unlike alternative 2 , no freshwater or marsh 17 wetlands would be restored . Because no fill would be produced by excavation for wetlands , grove ditches would not be filled . Native vegetation would be planted on ' about 135 acres of uplands to restore maritime hammock and palm hammock habitats . The 7-acre old field habitat would be selectively cleared as needed to keep it open and free of exotic plants . The hammock communities would be dominated by live oaks and cabbage palms with a diverse understory of tropical and temperate plants . Key wildlife species that would tbenefit include Neotropical migratory birds , woodrats , eastern indigo snakes , land crabs , and bobcats . The old field habitat would potentially benefit southeastern beach mice , ground doves , gopher tortoises , and migrants such as bobolinks and loggerhead shrikes . However, with no wetland habitat being restored or enhanced , none of the benefits ' expected under alternative 2 from freshwater or brackish-water habitats would be realized . Because the water table would not be raised to a more historic , natural level , the restored hammocks would be more xeric than with a higher water table . The drier soils could affect the ultimate plant community composition compared to a more mesic to hydric community that would exist with a higher water table . ' The partial restoration to hammock communities would increase educational and recreational opportunities compared to leaving the area in citrus groves . However , ' public wildlife viewing and educational opportunities would be less than that expected under alternative 2 with increased wetland habitats . ' The partial restoration of the proposed area to hammock communities would provide some of the benefits of a complete restoration as proposed under alternative 2 . It would : 1 ) increase the protection of the historic rookery on Pelican Island by providing a buffer of native habitats on lands surrounding the island ; (2 ) restore natural communities for the benefit of wildlife ; (3 ) contribute to providing a natural community link between Pelican Island NWR and Archie Carr NWR ; and (4) enhance educational ' and recreational opportunities . The partial restoration would not : ( 1 ) restore the water table to higher, natural conditions ; or (2) restore the flow and function of tidal wetlands . However, although a limited restoration (alternative 3 ) would provide some of the same benefits as a complete restoration (alternative 2 ) , it would not meet those goals to the same extent , function , or quality . 5 . 0 LIST OF PREPARERS ' Mark Graham U . S . Fish and Wildlife Service Paul Tritaik Pelican Island National Wildlife Refuge 1339 20" Street Vero Beach , FL 32960- 3559 18 Keith Fisher Florida Department of Environmental Protection St . Sebastian Buffer Preserve ' 1000 Buffer Preserve Drive Fellsmere , FL 32948 19 ' 6 . 0 LITERATURE CITED ' Brad Smith Associates , Inc . 2001 . Environmental Resource Permit Application to St . John ' s River Water Management District for USFWS at Pelican Island National ' Wildlife Refuge , Eck , C . , K . Webster, and S . P . Lewis . 1998a . Archaeological Resource Assessment ' Survey of the Kennedy East and West Tracts , Pelican Island National Wildlife Refuge , Orchid Island , Indian River County , Florida . ' Eck , C . , K. Webster , and S . P . Lewis . 1998b . Archaeological Resource Assessment Survey of the Surman Tract . Pelican Island National Wildlife Refuge , Orchid Island , Indian River County , Florida . Eisler , R . 1993 . Zinc hazards to fish , wildlife , and invertebrates : a synoptic review. U . S . Fish and Wildlife Service , Washington , D . C . Biological Report 10 . 106 pp . ' Kanaski , R . S . 2001 . Archaeological Survey of the Kennedy Tract-West , Pelican Island National Wildlife Refuge , Indian River County , Florida . USFWS . 55pp . Kanaski , R . S . 2000 , Archaeological Survey of a Proposed Wetland Restoration Project , Pelican Island National Wildlife Refuge , Indian River County , Florida . USFWS . 18pp . O ' Bryan , P . and D . Carlson . 1996 . A Study to Evaluate Levels of Fecal Coliform in Indian River Lagoon and Indian River County Impoundment #3 Waters . O ' Bryan , P . and D . Carlson . 1993 , Aerial Bird Surveys at Birds ( IRC #2 ) and Pete 's ( IRC #3 ) Impoundments - Year 3 , Final Report . Rodgers , J . A . , Jr. , A . S . Wenner, and S . T. Schwikert. 1987 . Population Dynamics of Wood Storks in North and Central Florida , USA. Colonial Waterbirds , Vol . 10 , No . 2 . Rudolph , T . P . and C . O . Braley , 1981 . Cultural Resources Survey , Pelican Island National Wildlife Refuge , Florida . Contract A-51309 (81 ) . Archeological Services ' Division , National Park Service . 75pp , Salomon , K . 2000 . Pelican Island Land Acquisition Investigation . USFWS . 7pp . ' U . S . Environmental Protection Agency. 2000a . Atlas of America 's Polluted Waters , EPA 840- 13-00-002 . Office of Water (4503F) , U . S . Environmental Protection ' Agency . Washington , DC . 58 pp . ' U . S . Environmental Protection Agency. 2000b . Total Maximum Daily Load (TMDL) 20 Program . < http : //www. epa , gov/owow/tmdl/index. html > , ' < http : //www. epa . gov/iwi/303d/03080202_303d . html > (Cape Canaveral area ) , and < http ://www. epa . gov/iwi/303d/03080203_303d . html > (Vero Beach area ) . Office of Water, U . S . Environmental Protection Agency. Washington , DC . U . S . Fish and Wildlife Service . 1999 , South Florida Multi-species Recovery Plan . Atlanta , Georgia . 2 , 172 pp . Wettstein , Carol A . , Chris V. Noble , and James D . Slabaugh . 1987 . Soil Survey of Indian River County, Florida . Soil Conservation Service , U . S . Department of Agriculture in cooperation with the Institute of Food and Agricultural Sciences and Soil Science Department, University of Florida and with the Florida Department of Agriculture and Consumer Services . Washington , DC . 262 pp . 1 1 z , 1 1 1 1 70 APPENDIX : FIGURES Figure 1 . Location of Pelican Island NWR , FL . l i Pelican Island NWR r i nw rwW1m r�m+�s N 0 50 100 150 Miles W E Data Source: s Pelican Island NWR State of Florida Counties - US Census Bureau, 1990 Restoration EA July 2001 • " Sebastian Inlet db' a ^ r ; Ai till . F lz T .y;,'�r 4r ' x � )1 S - } Pelican r �W XI Ali rlf° r � f J` Island �% r t Lh p r f gg � N i is - \ j ft f '" -5 \> ] 'e 9 +"'%.1.. ` � � yra r.�W.}� ..Y .a.. .�1, y, ts, q :.✓��, x z.. � f� ch`T+9 "**��x�ff }y (��My�V .qa .y , ea , ar �� •R phi, ,,�`,- ��.+-t-. i p rq F . . 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Jungle= TraibPelican Island Wildlife Refuge Indian River County,: Florida L Project No. 0041893 dP Lti .v Prepared For: Indian River County 1840 - 25th Street t Vero Beach, Florida 32960 Prepared By; .. Dunkelberger Engineering & Testing, Inc. 523A Northwest Enterprise Drive Port St. Lucie, Florida 33496 6 Indian River County Page 2 Project-No . 0041 - 893 r - The height and construction type of the observation tower was not provided to us . We ' presume that the tower's platform will be supported by either timber or concrete columns with a shallow foundation, system, or may be pile supported, depending on the subsoil conditions . Generally, ' our work involved subsurface exploration, field permeability testing, laboratory review and testing, engineering analysis and- preparation of this report which presents the factual information obtained and our geotechnical recommendations related to design , of the project components . ' SITE CONDITIONS The site settings -are mostly citrus grove with . open grassed areas, and densely wooded vegetation at the Pelican - Island and Cairns Site respectively . Reference to. the . S . G. S . Quadrangle . Map Sebastian, Fla. (dated 1949, photo revised 1970) shows both Pelican Island . and the - Cairns Site to be relatively flat and at an elevation of approximately +3 feet NGVD . Per Indian River County requirements, the . minimum; elevation of the road surface will be at +5 . feet (i . e . , about .2 feet of filling will be needed) : At Pelican Island north- o s uth an . d . east-west trending drainage ditches transect the area. These were presumably excavated . at some prior time tocontrol water table elevations within the citrus grove . The . Soil Survey of IndianRiver County, Florida (SCS) published by the U. S . Department of Agriculture in January 1987 maps the , pre dominant shallow subsoils - within both Pelican Island and the Cairns Site as Captiva sands. Soils at. the southern end of Pelican Island along the Indian River Lagoon are mapped as McKee mucky clay loam. Captiva sand is described ' as a, nearly level, poorly drained soil that is found in ,narrow, - elongated sloughs that are between low, dunelike ridges and mangrove swamps . Typically, these areas are mantled by about 1 /2 foot of very - dark gray fine sand mixed with about 2 percent shell fragments . The ' underlying soil to a . de th of 6- 1 /2 feet or 'more is described as a fine sand mixed with p gray about 2 to 15 percent shell fragments . . McKee mucky clay loam is described as level; very poorly drained soil that is found in mangrove islands and. swamps at, or near sea level, in, or adjacent to , the Indian River, Typically, the surface layer is very dark grayish brown mucky I loam about 1 inch in thickness. It is followed by dark 'gray clay loam, sandy clay, and sandy loam to a depth of,about 64 /2 feet or more . Under natural conditions; the SCS reports that the water table in areas of Captiva sand is between the depths of 10 and 40 inches for 6 to 9 months during most years; and at a depth of less than 10 inches' for 1 to 3 months during the wet season. However, standing water reportedly covers the soil for about 1 month in some years. According to the SCS , McKee ' mucky clay loam remains saturated throughout the year. Indian River County Page 4 Project No . 00- 11493 ' Detailed graphical profiles of the SPT boring results are presented on attached Sheet 2A, Auger Borings A total of 6 auger borings, all drilled at Pelican Island, were . completed for this study. Four were made to a depth of . 12 feet using truck-mounted equipment, . and 2 . to a depth of 6 feet using hand-turned augering equipment. The hand-auger borings were performed at locations that the . truck could not access . Grab samples of recovered soils were collected from the auger j equipment at intermittent depths, sealed in . moisture-proof . containers , . and taken to our laboratory where they were assigned a USCS group. symbol. Generally,Ahe auger boring .-found soils that are consistent with those reported by the SCS. . An approximately 1 /2' to 24 /2 foot thick surficial layer of dark-colored soil sli htl 'or anic to g Y g (topsoil) ) sand was found to mantle the areas . Below this, brown and gray fine sand containing trace' to slight amounts of silt-size fines and varying amounts of shell fragments was encountered to ' the limits of the borings : Detailed graphical profiles of the auger , boring results are presented on attached Sheet 2B : Permeability Testing One field boreholepermeability test was performed at the location of Auger Boring No. AB-3 using the methodology advocated by the South Florida Water Management District ' (SFWMD) . The borehole permeability, test set-up involved hand-angering an approximately 44 /2 inch diameter borehole to a depth of about 7- 1 /2 feet, inserting a 546ot length of 24nch diameter well screen into the borehole, and then constructing a filter pack in, the annular ' space of the borehole with uniformly graded sand . An approximately 3 -foot length of solid (riser), 2-inch diameter PVC pipe extended from the top of the well screen to a point about 1 /2-foot above the ground surface: The test was conducted by charging the hole with water and then * maintaining the water at a constant level while recording the volume- of water required to maintain , that level at . fixed time intervals . Upon completion of the constant-head test, a falling-head test was . conducted by re-filling the pipe and then recording the water , level drop over a measured time period: Complete test data, including subsurface and" 'hydraulic conditions, are given on the Field -PermeabilityTest sheet provided in Appendix. A. Reference . to the results shows that a . coefficient of permeability of 34 feet per day. (fpd) was determined based on an, average of the constant. and falling-head test results . . Review of the subsoil stratigraphy at 'the test location suggests that the measured permeability is indicative of the horizontal movement of the water through the sand layer. ` Indian River County Page 6 Project No . 00- 11 - 893 ' j Boring Approximate Soil Description (USCS) Test Results Designation Sample Moisture Percent finer than U.S. Organic f Depth, feet Content Standard No. 200 Sieve Content . . % % fines % TB- 1 3 Light gray to gray or light brown to 21 . 8 3 . 3 - - brown fine - SAND ; trace silt, with few sand-sized shell fragments (SP) TB - 1 15 Light gray to gray. clayey fine SAND 28 . 5 18 . 1 ' - -with few shell fragments (SC TB-4 . -1. . 5 Gray fine SAND, trace silt (SP) 21 . 6 4 .2 1 . 1 HA- 1 1 : 5 . Light brown fine SAND ; trace silt, with 29 . 8 1 .3 - - - sand-sized shell fragments (SP AB- 1 1 .0 Brown fine SAND; trace silt, with few 9 .7 2 :9 1 .0 ' sand-size shell fragments SP AB-2 0 . 5 Dark gray to- black fine SAND; slightly 29 .0: 8 . 1 6 .7 . . silty, slightly organic with few to some 1 roots (Topsoil) AB-2 10 Gray slightly silty fine to medium 133 9 . 0 - - - SAND, with shell fragments SP-SM AB4 1 . 5 Dark. brown to dark -gray slightly silty 24.6 5: 1 2 .6 fine SAND (SP-SM HA-2 1 :0 Gray slight silty fine fine SAND SP-SM 30 . 8 5 .7 2. 7 EVALUATION AND RECOMMENDATIONS ' Results of this study . indicate -' that the evaluated site areas are suitable for the planned construction when viewed from .a geotechnical engineering perspective . Subsurface j conditions at the site . are not expected ,. to - impose severe constraints or limitations on the I construction from a soil mechanics and earthwork viewpoint. Except for a thin layer of topsoil thatblanketsmost of 'the site area, we did not encountersignificant deposits . of organic -sails 'or other unsuitable materials within the borings that were drilled We anticipate that the planned restrooms may be supported -on shallow spread footings - and use conventional slabs-on-grade for- the ground floors . . Depending on the loading conditions, we expect that . the proposed observation tower maybe supported by either a shallow or deep (pile) foundation system. Conventional earthwork construction should be appropriate for the proposed . " Geoweb " and " gravelpave " parking and driveway areas. provided that the site is properly prepared for the construction and the site grading fill is composed of relatively clean sands (i . e . , USCS SP . and SP SM soil types) . - Ip ` Indian River County Page 8 Project No . 00- 11493 . ' Foundations designed . and constructed in accordance with these recommendations are expected to sustain tolerable total and differential settlements . r Observation Tower 4 Provided that the structure loads of the observation tower do not exceed those stated for the restroom buildings , the observation tower may be supported on shallow foundations designed for an allowable bearing pressure of 2 , 500 psf ' and constructed in accordance with the I previous recommendations for the restroom 'buildings. The allowable bearing pressure refers to dead and live loads and - reflects a net increase in pressure over and above that exerted by the overburden soils. Consequently, the weight - of the foundation concrete and soil backfill may be neglected in the sizing _ x g g computations. A 25 percent increase in the allowable bearing pressure is permissible for total loads, including those due to wind forces . Foundations subject to lateral forces arising from wind loads will - resist those forces through a combination of base shearing resistance and earth pressure, that acts on the vertical foundation faces located opposite . and at right angles, to the direction of thrust. Base ." shear resistance . should be determined using a friction factor of 0A Earth pressure resistance provided by well-compacted submerged granular soil (below the water table) should be computedbased on an equivalent fluid pressure of. 180 ' pounds per square , foot per foot of depth. . Lateral i resistance determined in accordance with the above should be considered an ultimate value and appropriately factored for safety.. We recommend using a safety factor of at least 1 . 5 , For shallow foundations, resistance to uplift forces will be provided by the dead weight .of the structure , the foundations and the soil overlying the foundations. For design purposes, the unit_ weight of moist soil backfill maybe taken as 110 pounds per cubic foot (pcf) . A lower i unit weight of 60 pcf should" be used for submerged soil backfill. Preliminary allowable capacities for a driven, 20-foot long concrete ' or timber . . pile are provided below for evaluation , of a deep foundation system for support of the observation tower. Pile Type, and Size . Allowable Capaefties. tons Compressive II lit Lateral 14 " square, prestressed, precast concrete 30 13 1 . 5 ` Timber with minimum tip diameter of 6" and minimum butt 12 6 0 .5 diameter of 12 " * Resisting force acts at pile head 4 Indian River County Page 10 Project No . 00- 11 - 893 We appreciate the opportunity to be service . If you have any questions concerning the report t or need additional information, please call . iSincerely, . DUNKELB GER ENGINEERING & TESTING, INC. CqeDunkelberger, P . .en Vident I FL Registration No . 4993 MS/CED/pg / 8931tr1 I Attachments : Sheets IA' through 1D - Boring Location Plan Sheets 2A through 2B - Subsurface Profiles Appendices: A- - Field Permeability Tests Result I B - Particle- Size Distribution Plots Mr. Dorn Whitmore ( 1 ) (via US Mil cc . . . a ) ' . U :S . ' Fish & Wildlife Service P . O.. Box 65.04 i Titusville, FL 32782 Brad Smith .& AssociatesInc . ( 1 ) (via FEDEX) Inc - - . . 1800 W. Hibiscus Blvd. , Suite 112 Melbourne, FL 32901 f .er L i I t �_-__..- - - - - TB - 1 12 Mangle Trail LEGEND HA- 1 HAND-AUGER BORING LOCATION TB-1 STANDARD PENETRATION TEST ( SPT) BORING LOCATION I � SOURCE : Brad Smith Associates , Inc . FWAM Y9 BORING LOCATION PLAN Overall Soil Sample Layout Plan MEMO CIM JUNGLE TRAII /PELICAN ISLAND Jungle Trail - Pelican Island APPRWM cn INDIAN RIVER COUNY, FLORIDA I (Dated: 8 - 7 -00) SKE � I' c ISO �� L..Y-/ �� F...I4 -iY!. A L'(' 'r�iiS R'S .. �lErY•tiFT 4r::.+*Mb" 0011899S1A( 10 -9 - 00) 0 °E io_s-oo xa 00- 11-e03 ` IA o 0 r 0 m w v1 r w r 0 i co 0 0 � l 4 tnr -n AT` O � � � f=rl m0 1 moo r -az 0M � AKA z m ;\ � � CIO go am ogom � 00 rn c g. po 9D co p m m 4 M N pfi A w ;d p t t'' 0 0 n m ti004 x 0LnP,>w �± m p y o n x fe � O A z P /,�_� r 90 o �n ll - W ry mPoo tj 9 � r j � Z i I: TB-2 - — / r/ !I Jungle Trail �j I fP iso SOURCE : LEGEND Brad Smith Associates, Ina HSA-2 AUGER BORING LOCATION T13. 3 Overall Soil Sample Layout Plan Jungle Trail - Pelican Island wA STANDARD PENETRATION " BORING LOCATION PLAN f (Dated: 8-7 -00 ) -2 TEST (SPT) BORING LOCATION aim CEO HA-2 CID 7UNGLE TRAM/PELICAN ISLAND ePw+aum�. }g�]��\/ INDIAN RIVER COUNY, FLORIDA soAE 1• = loon EL/ ERP 6UNKE? ERGER ENGMEERIHG & 7ESTINtUs MC. WE PRW 0011893S1C( 10-9 - 00) xansm Gw. --�� 1 • c:o"s ;t.wklW . ewe • t , ;Mora 10-9-00 No.. 00- 11 -899 �T iC r J Jungle Trail - r LEGEND STANDARD ` �►� \ , BORING • r SOURCE : F BORING , . LOCATION , : . SmithCHEM « : Soil JUNGLE r r Sample Location APPRM « :a. INDIAN • UNY, FLORIDA Jungle . . . . Area 1 i Cairns 0011893S11)( 10- 9 -00 • • d 1 -9-00 PMM 00093 BORING NO . TB - 1 TB - 2 TB - 3 TB - 4 Ii 0 N . . . . N N N 1 1 .5 , i 3. 1 ' f O 3.0 i O 9-25-00 9-25-00 9-22-00 9-22-00 22 2=2O :. . :.. .v: I' 717. 164. 0 10 10 s Ld Ld W Z 15 _-. I s _ 15 z 0 — M Ld w 20 - - - - 20 O 1 25 -- - :. : 25 , I 30 SOIL LEGEND ._ . 30 NOTES 1 Dark gray to black fine SAND; slightly silt , ® O GENERAL LEGEND (1 ) Borings were drilled on September 22 and 25, slightly organic with few to some roots. ( Topsoil ) 2000' using a Central Mine Equipment (CME 55) TB - 1 — Standard Penetration Test ( SPT) N — Standard Penetration Resistance in drilling rig . O Gray to dark ggrayy or dark brown slightly silty Boring and Number blows per foot (ASTM D 1586) fine SAND , ( SP— SM ) SP — Unified Soil Classification System (2) "N" indicates the number of blows of a 140 3. 1 ' T — Depth of groundwater ( feet) Group Symbol (ASTM D 2487) pound hammer, to falling a distance of 30 O3 light gray to gray or light brown to brown fine & date measured inches, required to drive a 2— inch diameter SAND ; trace slit, soTe with few sand— size 9-22- WOH — Indicates sampler advanced 18" sampler 12 inches, shell fragments . ( SP� under weight of rods and hammer (3) Strata boundaries are approximate and represent Light gray to gray or light brown to brown fine soil strata at each test hole location only. Soil O o edium SAND; trace silt, with shell fragments. MWN JD transitions may be more gradual than Implied . Sp � SUBSURFACE PROFILES ' . ( 4) Groundwater depths shown on the boringCHWXM CED Jungle Trail /Pelican Island profiles represent groundwater surfaces Light gray to gray slightly silty fine to medium n the O dates shown . Groundwater level fluctuations SAND, with shell fragments. (SP — SM ) AwrRarm CED INDIAN RIVER COUNTY, FLORIDA should be anticipated throughout the year. © Light gray to ray clayey fine SAND with shell SM E 1 "= 5' V fragments. (SC� �� ,r ,:r.. •n.-�l r�, F5 a.'c ,:Uns rrs; e rurr; � ?rYaci 0011893S2A(10- 4-00) ® Oj Tan cemented sand and shell fragments. `� 10- 5— 00 �0 � sHEEr (coquina rock) a �• ' 00- 11 - 693 2A i I BORING NO . HA - 1 AB - 1 HA - 2 AB - 2 AB - 3 AB - 4 0 1 O O 1 . 5 ' r t .z 2_3 ' T O3 2. 5 �• ' 9-25-00 O 2__� 9-25-00 , O {. O s--2�s009-25-00 5 O -25-00 9- - 0 2 Ld Li I, LJ ® 4 Z Z Lj 10 ; 15 _ ff 15 I, I NOTES SOIL LEGEND GENERAL LEGEND (1 ) Borings were drilled on September 25, 2000 ® O Dark gray to black fine SAND; slightly silty( T, AB - 1 — Auger Boring and Number using hand—turned and truck— mounted ougering slightly organic with few to some roots. opsoil ) Iequipment. HA - 1 — Hand— Auger Boring O Gray to dark gray, or dark brown slightly silty and Number (2) Strata boundaries are approximate and represent fine SAND . (SP— S ) soil strata at each test hole location only. Soil 3- V VDepth of groundwater ( feet) transitions may be more gradual than implied. Li O3 Lt gray to gray or light brown to brown fine 9-22=00 & ; date measured 3 Groundwater de the shown on the borin SANighD ; trace silt, so a with few sand— size O p 9 shell frogments. ( SP� — profiles represent groundwater surfaces on the SP Unified Soil Classification System ' dates shown . Groundwater level fluctuations Light gray to gray or light brown to brown fine Group Symbol ( ASTM D 2487) should be anticipated throughout the year. ®� O4 SPrnedium SAND; trace silt, with shell fragments. ' O Light gray to gray slightly silty fine to medium SAND , with shell fragments. ( SP— SM ) ® Light gray to ray clayey fine SAND with shell orawN JD SUBSURFACE PROFILES fragments. ( SC CHEWM CED Jungle Trail /Pelican Island ® O Tan cemented sand and shell fragments. i ( coquina rock) ,woo CED INDIAN RIVER COUNTY, FLORIDA SClJ.E 1 "= 5' V1 l 'VM1i: � -1 na. � ht` .3 •t �Rii''ft' 7 r " hlC N jREVM 0011893S28(10- 4- 00) °A� 10- 5— DO � 00- 11 - 893 sNo r 2B APPENDIX A FIELD PERMEABILITY TEST RESULT r r r r i APPENDIX B PARTICLE-SIZE DISTRIBUTION PLOTS i i 1 1 1 1 1 i 1 ' U. S. STANDARD SIEVE SIZE �'yC C A N Z 2 100 80 w M 60 0: FFLU z U. ' z w 40 U, a D g 20 U 0 1 � T 100 10 1 0. 1 0.01 0.001 PARTICLE SIZE IN MILLIMETERS GRAVEL SAND SILT and CLAY Coarse Fine Coarse Medltm Fne U.S. SIEVE NO. SIEVE SIZE, MM % PASSING 3.1/2 Inch 90.0 SAMPLE 2frich 50•0 IDENTIFICATION OTHER LABORATORY TEST RESULTS 1-1n inch 37.5 TB- 1 1Inch 25.0 S-7 Moisture Content: 28 . 5 % ' 15 . 0 ' 3/4 inch 19.0 1/2 inch 125 SAMPLE DESCRIPTION ale Inch 9'5 Light gray to gray clayey fine SAND No. 4 4.75 100 with few shell fragments (SC) No. 6 2.36 No. 10 2.00 99 No. 16 1 .18 No. 20 0.850 98 No. 30 0.600 No. 40 0.425 74 PARTICLE4SIZE DISTRIBUTION No. 50 0.300 Jungle Trail/Pelican Island No. 60 025047 Indian River County, Florida No. 80 0.180 D C &T DUNKELBERGER ENGINEERING 6 TESTING, INC No. 100 0.150 33 G No. 120 0,125 Geotechnical-Mmedals TutlngAnspection•Ernironmentsl DRAWN DATE PROJ. No. 140 0.106 PG 10.11 -00 �' 00. 11 -893 No. 200 0.075 16. 1 CHECKED APPROVED SHEET CD CD li-2 893ss4a r =, ' U . S. STANDARD SIEVE SIZE cc C V 00 N R m C C A N .- V) Z Z Z Z Z Z Z 100 80 C9 W ' m 60 w Z_ LL LU 0 40 w g D 20 rJ 0 100 10 1 0. 1 0.01 0.001 PARTICLE SIZE IN MILLIMETERS ' GRAVEL SAND SILT and CLAY Coarse Fine Coarse Medium Fine U.S. SIEVE NO. SIEVE SIZE, MM 96 PASSING 3.12 inch 90.0 SAMPLE 2irKil 50.0 IDENTIFICATION OTHER LABORATORY TEST .RESULTS 1-12 inch 37.5 HA- 1 1 inch 25.0 S- 1 Moisture Content: 29 . 8 % 1 5 ' Organic Content: 2.7% 3/4 inch 19.0 12 Inch 12.5 SAMPLE DESCRIPTION 318 inch 9.5 Light brown fine SAND, trace silt, with No. 4 4.75 100 few sand-sized shell fragments (SP) No. 8 2.36 No. 10 2.00 99 No, 16 1 .18 No. 20 0.85D 99 No. 30 0.600 No. 40 0.425 99 PARTICLESIZE DISTRIBUTION No. 50 0.300 Jungle Trail/Pelican Island No. 60 0.250 Indian River County, Florida B6 No. 80 0.160 DE C &T DUNKEL13ERGER ENGINEERING R TESTING, INC No. 100 0.150 16 G Geotechnical-MMeriels T@xft/1nspec1ion-Emtr0mmente1 No. 120 0.125 '- DRAWN DATE PROJ. No. 140 0.106 PG 10-11 -00 NO. 00.11 -893 No. 200 0.075 1 ,3 CHECKED APPROVED SHEET CD' CD B-4 893ss7 U. S . STANDARD SIEVE SIZE C6 pp aj N �- cat Z Z z z z z Z 100 ` 80 C9 Lu la 60 0: LU z LL w C.) 40 LU 20 U 0 100 10 1 0. 1 _ 0. 01 0.001 PARTICLE SIZE IN MILLIMETERS GRAVEL SAND Coarse Fine Coarse Medun Fes , SILT and CLAY U.S. SIEVE N0. gIEV e E SIZE, MM 6 PASSING 3-1/2 irxh 9p p SAMPLE 2Ineh 150'0 IDENTIFICATION OTHER LABORATORY TEST RESULTS 1-1@ inch 37.5 HA-2 Moisture Content: 30 . 8 % 1 Ina' 25.0 S-2 Organic Content: 2 . 7 % 1 . 0 ' 314 Inch 19.0 1rz Kiat 125 100 SAMPLE DESCRIPTION 3/8 inch 9.5 Gray slightly silty fine SAND (SP-SM) No. 4 4.75 99 No. 8 2.36 No. 10 2.00 99 No. 16 1 .18 No. 20 0.850 99 No. 30 0.600 '. No. 40 0.425 99 PARTICLE-SIZE DISTRIBUTION No. 5o 0.300 Jungle TraillPelican Island No. 60 025092 Indian RiverCounty, Florida No. SO 0.180D C &T DUNKELBERGER ENGINEERING d. TESTING, INC No. 100 0.150 53 G No. 120 0.125 GeotaNmlml-Materials TuHnpAnspeeNon-ErMronmental DRAWN DATE PROD. No. 140 0.106 PG 10-11 -00 NO, 00.11 -893 No. 200 0.075 5,7 CHECKED APPROVED SHEET ' CD CD ${ 993ss11 U . S . STANDARD SIEVE SIZE o o C C C Y N ® O N cod ai N ' ; � Z Z Z Z 2 2 ti 100 Z 80 uJ fn m 60 uj Z rL 40 u1 a F _2 20 U L ' 0 100 10 1 0. 1 0.01 0.001 PARTICLE SIZE IN MILLIMETERS r ft�GRAVEL SAND Coarse Fro Coarse MediumSILT and CLAY Fine U.S. SIEVE NO. SIEVE SIZE MM % PASSING 3-12 inch 90. 0 'I SAMPLE 2 " ch 50.0 IDENTIFICATION OTHER LABORATORY TEST RESULTS 1-12 Ind, 37.5 AB-2 1 trach 25.0 S-7 Moisture Content 13.3 % 314 inch19.0 10. 0 ' 12 hch 125 100 SAMPLE DESCRIPTION 318 Inch 9.5 ' No. 4 4.75 sa Gray slightly silty fine to medium No. 8 SAND, with shell fragments (SP-SM) 2 � No. 10 2.00 90 No. 16 1 .18 No. 20 0.850 73 No. 30 0.600 No. 40 0.425 61 PARTICLE41ZE DISTRIBUTION No, 5o 0.300 Jungle Trail/Pelican Island No. 60 0.250 35 Indian River County, Florida No. 8o 0.180 D G1ef &T DUNKELBERGER ENGINEERING 3 TESTING, INC No. 100 0.150 23 ' No. 1200.125 Geoteehniaal•Meteriala TeetlngMspeeHorrEnvkonnbnht No. 140 0.106 DRAWN DATE PROD. No. 2000075 PG 10-11 -00 No. 00.11 -893 . 9.0 CHECKED APPROVED CD SHEET CD B-8 893ss10