The URL can be used to link to this page

Home My WebLink About2004-018B SNI `1N3W39dNdW '8 AJOlONH0310311ddd COOZ jaqojao UVIPUJ mol i . vd . SJOPaS JOA � 0 SjunoalaAl1 ioj suoijualpaadS puou sluauinao (ti • Indian River County giVE�P Purchasing Division A z 2625 19th Avenue z y Vero Beach , FL 32960 -3335 , Phone (772) 567-8000 Fax (772 ) 770-5140 ADDENDUM NO , 1 Date : November 17, 2003 Project Name : Indian River County Mitigation Reef Project, Shoreline Sectors 1 & 2 (Ambersand Beach) Bid Number : 6031 Bid Opening Date : Dec. 10 , 2003 at 2 : 00 pm This Addendum is for clarification only and does not change the bid opening date. The time for the Pre-Bid conference was omitted from the DemandStar posting. The Pre-Bid conference will be held on November 19 , 2003 at 2 : 00 P .M. * * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * All Bids must be received in the Purchasing Division office located at 2625 19th Avenue, Vero Beach, FL 3, 2960 -3335 Prior to the Date and Time shown above . Late bids will be returned unopened . Company Name Name : Title : (Type / Printed) Authorized Signature : Date : Telephone : Fax : Page 1 of I BOARD OF COUNTY COMMISSIONERS I � CO �LORIO�' November 26, 2003 VIA STANDARD MAIL AND FAX SUBJECT : BID ADDENDUM TO INDIAN RIVER COUNTY BID N0 . 6031 INDIAN RIVER COUNTY MITIGATION REEF PROJECT SHORELINE SECTORS 1 &2 Dear Bidder: Enclosed please find bid Addendum No . 2 to the above referenced bid. Addendum No . 2 acknowledges that the bid opening date has been changed to December 17, 2003 . Bid opening time will still remain at 2 : 00 pm. Addendum No . 2 also addresses the technical questions resulting from the pre-bid meeting November 19, 2003 . The bidder is also advised that Addendum No . 3 is in preparation to address whether construction will be limited to daylight hours and will be issued within the first week of December. Please give me a call at (772) 567- 8000 x1344 with any questions. Sincerely, ames D . Gray, Coastal Engineer t ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM NO. 2 INDIAN RIVER COUNTY, FLORIDA Indian River County Mitigation Reef Design for Sectors 1 &2 Date of Issuance : November 26 , 2003 PROJECT NAME : Indian River County Mitigation Reef Design for Sectors 1 &2 BID NUMBER : 6031 The undersigned acknowledges receipt of Addendum on November , 2003 . It is required that this Addendum Number 1 be signed in the acknowledgment of receipt below, and attached to the bid and becomes part of the bid and contract documents. ACKNOWLEDGMENT OF RECEIPT: Signature Name (type or print) Company Please fax acknowledgment to Indian River County. at 772 =778=9391 or mail to : Indian River County Coastal Engineering Division 1840 25" Street Vero Beach , FL 32960 CADocuments and SettingsygWLocel SettingsWemporery Internet FileMOLMAIRC Bid Addendum #1 Acknowledgement frnm .doc Addendum No. 2 INDIAN RIVER COUNTY, FLORIDA Indian River County Mitigation Reef Design for Sectors 1 &2 Date of Issuance of Contract Documents : October 2003 PROJECT NAME : Indian River County Mitigation Reef Design for Sectors 1 &2 BID NUMBER: 6031 This Addendum No . 2 to the Contract Documents, Specifications and Drawings for the Indian River County Mitigation Reef Design for Sectors 1 &2, Indian River County, Florida, dated October 2003 , is hereby issued and declared a part of the original Contract Documents, Specifications and Drawings. Addendum No . 3 will be released the first week of December to address additional items resulting from the Pre-Bid Meeting that was held in Indian River County on November 19, 2003 . Addendum 3 will address whether construction will be limited to daylight hours. ADVERTISEMENT FOR BIDS Amend Text on Page AB4 OF SECTION I ADVERTISEMENT FOR BIDS from: "Sealed bids will be received by Indian River County (OWNER) until 2 : 00 PM, December 10, 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the BIDDER on the outside and the words INDIAN RIVER COUNTY MITIGATION REEF PROJECT- SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH). All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, 32960 where they will be opened publicly and read aloud at 2 : 00 PM, December 10 , 2003 All bids received after 2 : 00 P .M., of the day specified above, will be returned unopened. " to read : "Sealed bids will be received by Indian River County (OWNER) until 2 : 00 PM, December 17, 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the BIDDER on the outside and the words INDIAN RIVER COUNTY MITIGATION REEF PROJECT- SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH). All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, 32960 where they will be opened publicly and read aloud at 2 : 00 PM, December 17, 2003 All bids received after 2 : 00 P . M. , of the day specified above, will be returned unopened. " r Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #2 Page 2 of 5 INTRODUCTION TO BIDDER Amend Text on Page IB-2 of Section H Introduction to Bidder under 2 . ENGINEER from: "ENGINEER: Applied Technology & Management, Inc. 400 S . Australian Avenue, Suite 855 West Palm Beach, FL 33401 -5045 Michael R. Barnett, P.E. (561 ) 659-0041 Ext, 15 Fax: (561 ) 659-3733 " to read : "ENGINEER: Applied Technology & Management, Inc. 400 S. Australian Avenue, Suite 855 West Palm Beach, FL 33401 -5045 Wendy L. Smith, P . E. (561 ) 659-0041 Fax: (561 ) 659-3733" TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS Add to the end of Section 12. 1 Contract Material, under Section 12 MATERIALS REQUIRED on Page TS-7 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS : "Foreign sources of limestone will be permitted for use in this project provided all of the specifications in the contract documents are met including the requirements for material integrity, quality, size, and method of material quantity certification. All necessary legal expenses associated with the importation of material will be the responsibility of the contractor. " Amend Text on Pages TS-7 through TS -8 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS, Section 13 . 1 PRIMARY EQUIPMENT REQUIRED, Tug, barge(s), and crew from: "The tug, barge, and all other equipment used must feature sufficiently shallow drafts to avoid any contact whatsoever with exposed and/or Ephemeral Hardbottom in the Project 2 Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #2 Page 3 of 5 Area, regardless of tides and sea conditions. Furthermore, in order to protect the exposed and/or Ephemeral Hardbottom features, any anchoring must be made utilizing floating polypropylene mooring lines of sufficient length and strength, and in such a manner to entirely eliminate any contact between the mooring lines and the exposed and/or Ephemeral Hardbottom. All cable shall be kept in good condition at all times during vessel operations, including transiting and particularly during approach to and operation within the Mitigation Area. Any and all breaks and other damage of any nature whatsoever shall be promptly repaired to avoid vessel and/or equipment drift and subsequent potential damage to adjacent resources, endangered species, or fiber optic cables. Adequate floating cable scope shall be provided to allow maneuverability in the work area, and all cable shall be of the type that will float unaided and shall be capable of withstanding the forces of the sea- states to which they shall be exposed during approach, staging, placement and transiting as deemed necessary by CONTRACTOR to ensure safe and efficient operations." to read: "The tug, barge, and all other equipment used must feature sufficiently shallow drafts to avoid any contact whatsoever with exposed and/or Ephemeral Hardbottom in the Project Area, regardless of tides and sea conditions. Furthermore, in order to protect the exposed and/or Ephemeral 'Hardbottom features, floating tow lines must be made utilizing floating polypropylene of sufficient length and strength, and in such a manner to entirely eliminate any contact between the floating, tow lines and the exposed and/or Ephemeral Hardbottom. Non-floating mooring lines are not restricted as it is required that all mooring take place outside of the area of exposed or eohemeral hardbottom. All cable shall be kept in good condition at all times during vessel operations, including transiting and particularly during approach to and operation within the Mitigation Area. Any and all breaks and other damage of any nature whatsoever shall be promptly repaired to avoid vessel and/or equipment drift and subsequent potential damage to adjacent resources, endangered species, or fiber optic cables. Adequate floating cable scope shall be provided to allow maneuverability in the work area, and all tow cable shall be of the type that will float unaided and all cable shall be capable of withstanding the forces of the sea-states to which they shall be exposed during approach, staging, placement and transiting as deemed necessary by CONTRACTOR to ensure safe and efficient operations. Pin piles (or I-beam type piles) may be used in mooring vessels within the Work Area. Pilings are not to be located within 250 feet of the cable buffer area, the beach , or any exposed or Ephemeral Sardbottom. No pile may be driven into hardbottom, whether emergent or buried. All 3 Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #2 Page 4 of 5 pilings must be COMPLETELY removed (not merely the exposed section) before final acceptance will be granted." Add to the end of Section 18 MATERIAL PLACEMENT Page TS- 15 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS . "Rock material may encroach into the designated sandy area located outside of the designated 120400t x 50400t reef units, but no more than 50% of any individual stone may be placed outside the reef unit . " Amend Text on Page TS49 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS, Section 22 .2 Partial Payments from: "When the Proposal includes separate pay item for mobilization, partial payments will be made in accordance with the following : Percent of Approved Percent of Lump Sum Price for Construction Completed Mobilization/Demobilization 10 25 50 90 * * 40% Held for Demobilization. Payment for demobilization shall be made as a lump sum equal to 10% of the contract bid amount for mobilization/demobilization and shall be issued upon acceptance of the demobilization conditions by the COUNTY. " to read: "When the Proposal includes separate pay item for mobilization, partial payments will be made in accordance with the following. Percent of Approved Percent of Total Mobilization/ Construction Completed Demobilization Lump Sum Price Payable 10 25 50 90 * * - 10% Held for Demobilization. Payment for demobilization shall be made as a lump sum equal to 10% of the contract bid amount for mobilization/demobilization and shall be made with the Tnal payment after the ENGINER has determined the work to be complete and acceptable as per Section 14. 13 Final Payment and Acceptance on Pape GC26 of the GENERAL CONDITIONS. " 4 Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #2 Page 5 of 5 Amend Text on Page TS- 19 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS, Section 23 , Navigation and Obstruction of Channels, Paragraph 2 , 1st sentence from: "Construction operations will occur between April 1 , 2004 and December 31 , 2004 offshore of Indian River County as necessary to complete construction. " to read : "Construction operations will occur between receipt of Notice to Proceed and October 31 . 2004 offshore of Indian River County as necessary to complete construction. " Add to the end of Section 25. 1 Letter of Appointment, under Section 25 SAFETY OFFICER Page TS-20 OF THE TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS . "The Safety Officer(s) may also hold other positions on the job provided their ability to perform effectively as safety officer is not compromised. " 5 IL Addendum No. 3 INDIAN RIVER COUNTY, FLORIDA Indian River County Mitigation Reef Design for Sectors 1 &2 Date of Issuance of Contract Documents : October 2003 PROJECT NAME : Indian River County Mitigation Reef Design for Sectors 1 &2 BID NUMBER: 6031 This Addendum No . 3 to the Contract Documents for the Indian River County Mitigation Reef Design for Sectors 1 &2, Indian River County, Florida, dated October 2003 , is hereby issued and declared a part of the original Contract Documents, Specifications and Drawings. CONTRACT DOCUMENTS — TABLE OF CONTENTS Amend the Table of Contents for the Contract Documents from: " Section Il . . . Equipment Schedule 1 : Dredge Based Equipment I4 Equipment Schedule 2 : Land Based Equipment I5 Statement of License Certificate 16 Trench Safety Act Compliance 17" to read : "Section II . . . . Equipment Schedule 1 : Barge and Equipment I4 Statement of License Certificate I5 Trench Safety Act Compliance I7" Please note there is no page I6. DECEMBER 4 . 2003 r Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 2 of 7 TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS Add to the end of the Table of Contents : "31 . POST-CONSTRUCTION BATHYMETRIC SURVEY , . " , , , , , , , , , 25 " C:1Documents and Set ingsyonathang\Locel Settings\Tanpormy Intemet Files\OLK2MSectors 1_2 Mitigation Reef Bid Addendum #3.doc Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 3 of 7 ALTERNATE BID Indian River County, as OWNER, requests that all BIDDERS complete both the Base Bid (Bid Form as provided on page BP4 of the issued Documents and clarified below) and the Alternate Bid Form herein attached and made part of this Addendum. BIDDER understands and acknowledges, by completion of both Bid and Alternate Bid Forms, that OWNER may, at the sole discretion of the OWNER, award a contract to the lowest responsive, responsible BIDDER on the basis of either the Total Base Bid or the Total Alternate Bid. The Base Bid shall require operation from dawn to dusk only with all offshore construction activity suspended during nighttime hours. The Alternate Bid shall allow for 24 hour operation with staging and construction activity occurring continuously throughout the night time hours. CONTRACTOR understands that any and all lighting used during nighttime hours shall be shielded as detailed in the applicable permits. Additionally, equipment shall be properly maintained to reduce noise. All conditions specified in Section 13d of FDEP Permit No . 0166929-001 -JC and those outlined in the Contract Documents shall be fully and completely adhered to for the duration of the project (including during mobilization and demobilization) . In addition, from March 1 through October 31 , stationary lighting on in-water equipment shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the nesting beach and water. CONTRACTOR shall understand that FWC staff or designated personnel will conduct a lighting inspection prior to any mitigation work. This inspection shall occur from the beach once any vessels or work platforms have been positioned and are operating adjacent to shore . If the inspection documents lights that could interfere with adult or hatchling marine turtles on the nesting beach, the CONTRACTOR shall, at their expense, modify the problem lights to resolve any such interference. Such modifications shall include, but not be limited to , shielding, changing light sources or bulb types, focusing the lights, or lowering the lights as approved by FWC and DEP staff. C Documents and Settings%jonathang%ocat SettingATemponvy Internet FileAOLUDSectors 12Id itigation Reef Bid Addendum #3.doc Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 4 of 7 The following section is called to the attention of the BIDDER as requiring modification as pertaining only to the Alternate Bid. All other sections and provisions of the Contract Documents and Specifications as written and issued remain unaltered : For Alternate Bid : Amend Section 19. 1, Technical and Environmental Specifications, Environmental Protection Plan , Page TS45 from: " 19. 1 Avoidance of Protected Species. The CONTRACTOR shall avoid direct and indirect impacts to any threatened or endangered species, including manatees, sea turtles, and other marine mammals . Furthermore, the CONTRACTOR shall avoid direct and indirect impacts to existing artificial and natural reefs. Reef construction shall be limited to daylight hours only. Vessels, barges, and equipment shall be operated in a manner to avoid manatees and other endangered species. Operations shall immediately cease when endangered species are observed in the vicinity of operations within the Project Area; at this time, the movements of the animals are to be continuously observed and documented by the CONTRACTOR. Operations shall not resume until the animals have moved a safe distance (a minimum of 200 feet) from the Work Area. The CONTRACTOR shall instruct all personnel associated with construction of the project about the presence of manatees in the vicinity of the staging area and the need to avoid collisions with these animals . Any collision with, or injury to, a manatee must be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) at ( 1 - 888 -404-FWCC) and the COUNTY at (772-5674000, EXT. 1568) . All personnel should be advised there are civil and criminal penalties for harming, harassing, or killing endangered species or damaging reefs. " to read: "19. 1 Avoidance of Protected Species. The CONTRACTOR shall avoid direct and indirect impacts to any threatened or endangered species, including manatees, sea turtles, and other marine mammals . Furthermore, the CONTRACTOR shall avoid direct and indirect impacts to existing artificial and natural reefs. Reef eenstmetion shall be limited- 1.1-0 daylig . Vessels, barges, and equipment shall be operated in a manner to avoid manatees and other endangered species. Operations shall immediately cease when endangered species are observed in the vicinity of operations within the Project Area; at this time, the movements of the animals are to be continuously observed and documented by the CONTRACTOR Operations shall not resume until the animals have moved a safe distance (a minimum of 200 feet) from the Work Area. The CONTRACTOR shall instruct all personnel associated with construction of the project about the presence of manatees in the vicinity of the staging area and the need to avoid collisions with these animals . Any collision with, or injury to, a manatee must be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) at ( 1488404-17WCC) and the COUNTY at (772-5674000, EXT. 1568). C.Moenment8 and Settmga\jonathengUcal Settings\Temporary Intranet Files\OLKME ectm I_2 Mitigation Reef Bid Addendum!l3.doc Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 5 of 7 All personnel should be advised there are civil and criminal penalties for harming, harassing, or killing endangered species or damaging reefs. " Mocuments and Settings\jonathangU ocW Settings\Temporary Intemet Filcs\OLK2E\Sectors 12 Mitigation Reef Bid Addendum #3.doc Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 6 of 7 Replace existing BID FORM on page BP 44 of the Contract Documents with the following BASE BID FORM and ALTERNATE BID FORM. INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) BASE BID FORM (For project assuming daylight (dawn to dusk) construction operation only) Item Quantity Units Unit Price Total 1 . Mobilization for Reef 1 LS Placement 2 . Staging Area 1 LS Operations 3 . Reef Placement 50,000 Tons 4 . Turbidity Monitoring 1 LS 5 . Site Restoration 1 LS 6 . Bathymetric Surveys 1 LS 7. Demobilization 1 LS TOTAL BID $ C.\Documents and SettingsyonathangV ocal SettingsWemporary IntemetgileAOLK2MSectors 12 Mitigation Reef Bid Addendum #3.doc Indian River County Mitigation Reef Design for Sectors 1 &2 Addendum #3 Page 7 of 7 INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) ALTERNATE BID FORM (For project assuming 244our construction) Item Quantity Units Unit Price Total 1 . Mobilization for Reef 1 LS Placement 2 . Staging Area 1 LS Operations 3 . Reef Placement 509000 Tons 4 . Turbidity Monitoring 1 LS 5 . Site Restoration 1 LS 6. Bathymetric Surveys 1 LS 7 Demobilization 1 LS TOTAL BID $ CADocuments and Settingsyanathang\Local Settings\Temponuy IntemetFiles\OLK2B1SwAws 1.2 Mtigation Reef Bid Addendum #3.doc ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM NO. 3 INDIAN RIVER COUNTY, FLORIDA Indian River County Mitigation Reef Design for Sectors 1 & 2 Date of Issuance : December 4, 2003 PROJECT NAME : Indian River County Mitigation Reef Design for Sectors 1 &2 BID NUMBER : 6031 The undersigned acknowledges receipt of Addendum on December ., 2003 . It is required that this Addendum Number 3 be signed in the acknowledgment of receipt below, and attached to the bid and becomes part of the bid and contract documents . ACKNOWLEDGMENT OF RECEIPT : Signature Name (type or print) Company Please fax acknowledgment to Indian River County. at 772 -778-9391 or mail to : Indian River County Coastal Engineering Division 1840 26" Street Vero Beach , FL 32960 CADocuments and Settings) onaftng\Local SettingslTenporary Wenet Files10LKMIRC Bid Addendun #3 Acknowledgement form.doc S � �\ 1 � ♦ f r � ; 1 ;. cam'• ARC � � s* Indian s kwooe 0 U11 n, t Mitigation - - roject Shoreline (AmbersandBeach ) Contract Document and Specifications For Indian River County, Fold Mitigation Reef Project — Shoreline Sectors I & (A.m ersndBeach) IRC Bid No . 6031 Prepared For: Indian River County, Florida Board of County Commissioners Prepared by: Department of Public Works Coastal Engineering Division 1840 25th Street Vero Beach, Florida 32960 And Applied Technology & Management, Inc . 400 S . Australian Avenue , Suite 855 West Palm Beach, Florida 33406 October 2003 TABLE OF CONTENTS SECTION PAGES Section I Advertisement to Bid AB 1 -2 Section II Bid Information : Introduction to Bidder IR 1 -3 Instructions to Bidders IB 1 -8 Bid Proposal BP 1 -4 Bid Bond BB 1 -2 Statement of Public Entity Crimes SI -3 Sworn Statement Under Section 105 . 08 , Indian River County Code, on Disclosure of Relationships SSI -2 Information Required of Bidders — General Information 11 -2 List of Subcontractors 13 Equipment Schedule l : Dredge Based Equipment 14 Equipment Schedule 2 : Land Based Equipment 15 Statement of License Certificate 16 Trench Safety Act Compliance Statement 17 Section III Contract Forms Agreement A 1 - 5 Performance Bond PE 1 - 5 Payment Bond PA 1 -4 Application for Payment AP 1 Final Payment FP 1 Section IV General Conditions GC 1 -33 Section V Supplementary Conditions SC 1 - 10 Section VI Technical & Environmental Specifications TS 1 -51 APPENDICES Appendix A Florida Department of Environmental Protection Joint Coastal Permit 0166929 and Permit Modification. Appendix B U. S . Army Corps of Engineers Permit No . 200001872(IP -IS) Appendix C Site Investigation Data • BID PACKAGE THIS PACKAGE CONTAINS : SECTION TITLE PAGE NUMBER Advertisement for Bids AB 1 -2 Introduction to BIDDERS IR 1 -3 Instructions to Bidders 1131 - 8 Bid Forms BP 1 -4 Bid Bond BB 1 -2 Statement of Public Entity Crimes S 1 -3 Sworn Statement — Disclosure of Relationships SSI -2 Information Required of Bidders 11 - 7 SUBMIT THIS PACKAGE WITH YOUR BID ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County (OWNER) until 2 : 00 PM, December 10, 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the BIDDER on the outside and the words INDIAN RIVER COUNTY MITIGATION REEF PROJECT- SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) . All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, 32960 where they will be opened publicly and read aloud at 2 : 00 PM, December 10, 2003 All bids received after 2 : 00 P .M. , of the day specified above, will be returned unopened. INDIAN RIVER COUNTY PROJECT NO. 03102 INDIAN RIVER COUNTY BID # 6031 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 Coastal Engineering Division of the Indian River ColMly Public Works Department, 1840 25th Street ffljiLd floor Vero Beach, Florida 32960 fL7Q 567-8000, ext. 1568 or 1379 . 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 ($ 120 . 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 . BID SECURITY must accompany each bid, and may be in the form of a BID BOND properly executed by the BIDDER and by a qualified surety, or certified check or cashier's check on any national bank or 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, The BIDDER will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond. If The BIDDER fails to do so , he shall forfeit the said Bid Security as liquidated damages . The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. BIDDER is hereby notified that funding of the Shoreline Sectors 1 &2 (Ambersand) Beach Project comes , in whole or in part, from a grant provided by the Florida Department of Environmental Protection . A copy of the Grant Agreement is included as Appendix H of the Contract Documents , and the attention of the BIDDER is directed to the requirements of the grant . AB - 1 ADVERTISEMENT FOR BIDS A Pre-Bid Conference meeting will be held on November 19, 2003 at 2 : 00 PM, in the first floor conference room (B) of the Indian River County Administration Building located at 1840 25th Street, Vero Beach, Florida 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED, INDIAN RIVER COUNTY By: Fran Boynton Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date(s) : November 5 , 2003 November 11 , 2003 ------------------------------------------------------------------- For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1840 25th Street Vero Beach, FL 32960 AB -2 ADVERTISEMENT FOR BIDS INTRODUCTION TO BIDDER 1 . Project De scri tion Indian River County proposes to create a total of 5 .2 acres of artificial reef habitat (including one acre of sandy area as required by FDEP Permit 0166929-001 -JC) . The placement of material shall be consistent with the Florida Department of Environmental Protection (F'DEP)/U. S • Army Corps of Engineers (USACE) Joint Coastal Permit Number 0166929-001 -JC and USACE Permit Number 20001872 (IP-IS) . Additional authorizations and specific conditions relating to the construction and protection of marine resources in the project area are provided in the Appendices to the contract documents . All BIDDERs shall be familiar with the terms and conditions set forth in the contract documents . The configuration of the mitigation reef shall consist of the placement of limestone boulders deployed in rectangular units as described in the Technical and Environmental Specifications and as shown on the project drawings . 2 . Location of Project The area offshore of the southern portion of Indian River County (offshore of FDEP monument R-91 +715 feet to R-93 +700 feet) has been designated as the reef placement area. A location map is provided on the project drawing cover sheet. A control monument tabulation provided as the basis for horizontal and vertical control can be found in the project drawings . The staging area shall be provided by the contractor and is proposed to be at Fort Pierce Inlet . Time of Completion Proper placement of all material shall be completed before SEPTEMBER 30, 2004 . In no instance shall the construction be authorized to continue beyond this date. 4. Key Contacts 1 • OWNER Indian River County Coastal Engineering Division 1840 25th Street Vero Beach, FL 32960 Primary Contact: Dr. Jonathan Gorham (772) 567-8000 , ext. 1568 Fax : (772) 794-7447 Secondary Contacts : Mr. James Davis, P . E . Public Works Director (772) 567 -8000 , ext. 1245 INSTRUCTION TO BIDDERS IB - 1 (772) 778 -9391 Mr. James Gray, Jr. (772) 567-8000 ext.xl344 Fax : (772) 794-7447 2 , ENGINEER: Applied Technology & Management, Inc . 400 S . Australian Avenue, Suite 855 West Palm Beach, FL 33401 -5045 Michael R. Barnett, P.E . (561 ) 659-0041 Ext. 15 Fax : (561 ) 659-3733 3 , Regulatory Contacts : Florida Department of Environmental Protection Bureau of Beaches and Wetland Resources Marjory Stoneman Douglas Building 3900 Commonwealth Blvd . Mail Station 300 Tallahassee, FL , 32399-3000 Martin W. Seeling (850) 487- 1262, ext. 104 Fax : (850) 488-5257 Florida Fish & Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, FL 32999- 1600 Dr. Robbin Trindell (850) 9224330 Fax : (850) 921 -4369 U. S . Army Corps of Engineers Merritt Island Regulatory Office 2460 N. Courtenay Parkway, Suite 216 Merritt Island, FL 32953 Irene Sadowski (321 ) 453 -7655 Fax : (321 ) 453 -5220 INSTRUCTION TO BIDDERS IB - 2 INSTRUCTIONS TO BIDDERS 1 . Defined Terms Terms used in these Instructions to Bidders, which are defined in the General Conditions, Section 00700, have the meanings assigned to them in the General Conditions . The term " Successful Bidder" means the lowest, qualified, responsible Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. 2 . Copies of Bidding Documents 2 . 1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from OWNER (unless another issuing office is designated in the Advertisement or Invitation to Bid) . 2 .2 . Complete sets of Bidding Documents shall be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 3 . OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3 . Qualifications of Bidders 3 . 1 To demonstrate qualifications to perform the Work, all BIDDERS shall submit with the completed Bid Forms, an audited financial statement, a list of major pieces of construction equipment and vessels owned by the BIDDER, and documentation demonstrating the BIDDER' S compliance with the qualifications listed below: 3 . 1 . 1 BIDDER must have at least five (5 ) years of experience in the construction of similar projects of this size and larger. 3 . 1 . 2 BIDDER must have successfully constructed, as prime CONTRACTOR, a project similar in scope to this project. 3 . 1 . 3 BIDDER must have good recommendations from at least three (3 ) clients similar to the OWNER. 3 . 1 . 4 The BIDDER ' S superintendent and assistants must be qualified and experienced in similar projects in all categories . 3 . 1 . 5 BIDDER must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . INSTRUCTION TO BIDDERS IB - 3 3 .2 The OWNER reserves the right to reject Bids from BIDDERs that are unable to meet the listed required qualifications . 4 . Examination of Contract Documents and Site 4. 1 . Before submitting a Bid, each BIDDER must (a) examine the Contract Documents thoroughly; (b) visit the Project Site to familiarize himself/herself with local conditions that may in any manner affect cost, progress or performance of the Work ; c) familiarize himself with federal, state and local laws , ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; (d) study and carefully correlate BIDDER'S observations with the Contract Documents ; and, (e) promptly notify the ENGINEER of all conflicts, errors, ambiguities or discrepancies which the BIDDER has discovered in or between the Contract Documents and other related documents . Before submitting his Bid each BIDDER will, at his/her own expense, make additional investigations and tests, if necessary, as the BIDDER may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents . 4 . 2 . On request, OWNER will provide each BIDDER access to the site to conduct such investigations and tests as each BIDDER deems necessary for submission of his Bid. 4. 3 . The lands upon which the Work is to be performed, for access thereto and other lands designated for use by Contractor in performing the Work shall be carefully coordinated by the awarded BIDDER and OWNER/ENGINEER. 4 .4 . The submission of a Bid will constitute an incontrovertible representation by the BIDDER that he/she has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5 , Interpretations All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER (Applied Technology and Management, Inc . ) in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect . INSTRUCTION TO BIDDERS IB - 4 6 . Bid Securi 6 . 1 . Bid Securityshall be made payable to OWNER, in the amount specified in the Bid Form and in the form of a certified check or cashier's check of any national or state bank or a Bid Bond (on the form attached) issued by a Surety meeting the requirements of Paragraph 5 . 1 of the General Conditions . 6 . 2 . The Bid Security of the Successful BIDDER will be retained until such BIDDER has executed the Agreement and furnished the required Contract Security, where- upon it will be returned. If the successful BIDDER fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that BIDDER will be forfeited. The Bid Security of any BIDDER whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the " effective date of the Agreement" (which term is defined in the General Conditions) and the required Contract Security is furnished, or the sixty-first day after the Bid opening. Bid Security of other BIDDERS will be returned within seven days of the Bid opening. 7 . Contract Time The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. 8 . Li uidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement . 9 . Substitute Material and Equipment The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items . Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal " item of material or equipment may be furnished or used by Contractor if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the " effective date of the Agreement " . The procedure for submittal of any such application by Contractor and consideration by ENGINEER is set forth in Paragraph 6 . 1 of the General Conditions . 10 . Subcontractors, etc . 10 . 1 . The BIDDER must submit with the bid a list of the names and addresses of the BIDDER ' S major subcontractors together with the services they will supply. INSTRUCTION TO BIDDERS I13 - 5 These subcontractors will be subject to review as to their competency by the OWNER prior to award of Contract and shall be one of the considerations in determining the lowest responsible and responsive BIDDER as defined hereinafter. After award of Contract, no change in subcontractors shall be made unless approved by the OWNER after a request for such a change has been submitted in writing by the CONTRACTOR which shall include the reasons for such request . Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person and organization if requested by OWNER. If OWNER or ENGINEER after due investigation have reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, the contract shall not be awarded to such BIDDER, but his/her declining to make any such substitution will not constitute grounds for retention of the BIDDER ' S Bid Security. Any Subcontractor, other person or organization so listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER. 10 . 2 . In contracts where the Contract Price is on the basis of Cost-of-the-Work plus a fee, the apparent Successful BIDDER, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER'S written consent. 10 . 3 . No Contractor shall be required to employ any Subcontractor, other person, or organization against whom he/she has reasonable objection. 11 . Bid Form 11 . 1 . The Bid Form is attached hereto ; additional copies may be obtained from ENGINEER. 11 . 2 . Bid Forms must be completed in ink or by typewriter. The Bid price of each item on the form must be stated in words and numerals . 11 . 3 . Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . INSTRUCTION TO BIDDERS 113 - 6 11 .4 . Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11 . 5 . All names must be typed or printed below the signature. 11 . 6 . The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form) . 11 . 7 . The address to which communications regarding the Bid are to be directed must be shown. 11 . 8 . All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. 12 . Submission of Bids 12 . 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the BIDDER and accompanied by a completed Section 00411 , Statement on Public Entity Crimes , a completed Section 00412 , Sworn Statement Under the Florida Trench Safety Act, sworn statement under Section 105 . 08 , Indian River County Codes, the Bid Security and other required documents which are included in the Contract Documents . If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED " on the face thereof. 12 . 2 The successful BIDDER will be responsible for compliance with all applicable safety-related Federal and State statutes and regulations, including, but not limited to , the OSHA excavation safety standards, 20 C .F .R. , Part 1926 , Subpart P- Excavations , Trenching and Shoring, which are adopted by reference of the Florida "Trench Safety Act" , Section 553 . 60 et. seq. , Florida Statutes . The BIDDER who will perform trench excavation work on a construction project with trench excavation(s) over 5 feet in depth must allocate and include in its bid the cost of compliance with trench safety standards and any special shoring requirements . The BIDDER must indicate in the sworn statement the method(s) he intends to use to achieve compliance with each item (i . e . , trench box , sheet piling, cribbing, wood shoring, or other method selected by BIDDER) . 13 . Disqualification of BIDDERS 13 . 1 One Proposal : Only one Proposal from an individual firm, partnership or corporation under the same or under different names will be considered . If it is believed that a BIDDER is interested in more than one proposal for the work involved, all Proposals in which such a BIDDER is interested will be rejected . INSTRUCTION TO BIDDERS IB - 7 13 . 2 Collusion Among Bidders : If there is evidence that collusion exists among the BIDDERS , the Proposals of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future Proposals for the same work. 14. Modification and Withdrawal of Bids Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids . 15 . Opening of Bids Bids will be opened publicly. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids . 16 . Bids to Remain Open All Bids shall remain open for sixty days after the day of the Bid opening, but OWNER may, at its sole discretion, release any Bid and return the Bid Security prior to that date. 17 . Award of Contract 17 . 1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, non-responsive or conditional Bids . Discrepancies between words and figures will be resolved in favor of words . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between the indicated extension of unit prices and the correct extension thereof will be resolved in favor of the correct extension. 17 . 2 In evaluating Bids, OWNER shall consider the qualifications of the BIDDERS , whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms . It is OWNER'S intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form , but OWNER may accept them in any order or combination . 17 . 3 OWNER may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions . Operating costs , INSTRUCTION TO BIDDERS 113 - 8 maintenance considerations, performance data and guarantees of materials and equipment may also be considered by OWNER. 17 . 4 OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the BIDDERS , proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 17 . 5 OWNER reserves the right to reject the Bid of any BIDDER who does not pass any such evaluation to OWNER'S satisfaction. 17 . 6 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible BIDDER on the basis of the Total Base Bid. 17 . 7 If the contract is to be awarded, OWNER will give the Successful BIDDER a Notice of Award within sixty (60) days after the day of the Bid opening. 18 . Performance and Other Bonds Paragraph 5 . 1 of the General Conditions sets forth OWNER'S requirements as to performance and other bonds . When the successful BIDDER delivers the executed Agreement to OWNER, the required Payment and Performance Bonds shall accompany the Agreement. 19 . Interpretation of the Approximate Quantities The BIDDER'S attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto . 20 . Execution of Contract The BIDDER to whom the Contract is awarded shall , within ten ( 10) days of the Notice of Award, execute and deliver five (5 ) copies of the following to the OWNER : a. Agreement b . Performance Bond (Recorded at County Courthouse) c . Payment Bond (Recorded at County Courthouse) d . Certificate of Insurance INSTRUCTION TO BIDDERS IB - 9 21 . Failure to Execute Contract Should BIDDER to whom the contract has been awarded refuse or fail to complete the requirements of Article 20 above within ten ( 10) days after Notice of Award, the additional time in calendar days required to CORRECTLY complete the documents will be deducted, in equal amount, from the Contract Time, or the County may elect to revoke the award : retain the Bid Bond of any BIDDER failing to execute the awarded Contract as liquidated damages ; and award the bid in the manner that best serves the interest of the County. INSTRUCTION TO BIDDERS IB - 10 BID PROPOSAL INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 • (AMBERSAND BEACH) COUNTY PROJECT # 03102 Proposal (BIDDER'S Name) (BIDDER'S Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents : TO : Purchasing Department Indian River County 2625 19th Avenue Vero Beach, FL 32960 Gentlemen : The undersigned BIDDER has carefully examined the Contract Documents and the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done, and the equipment, materials and labor required . The undersigned agrees to do all the work and furnish all materials called for by said plans and specifications, in the manner prescribed therein, in accordance with the Contract Documents and to the standards of quality and performance established by the County, for the unit prices stated in the spaces herein provided, for each of the items or combination of items stipulated . It is understood that certain quantities shown in the schedule are approximate only, subject to increase or decrease and for the purpose of bid comparisons for determination of low BIDDER. It is further understood that payment will be in accordance with quantities placed in the construction as more specifically provided in the Instruction to BIDDERS and Technical Specifications included as part of the Contract Documents . 1 ) To do any extra work, not covered by the above schedule of prices, which may be ordered by the County Coastal Engineer upon authorization by the County Commission, and to accept as full compensation therefore such prices as may be agreed upon in writing by the County ENGINEER and the Contractor in accordance with Supplementary Conditions , Paragraph N. 2 ) Within ten ( 10) days from the date of acceptance of this proposal , to execute the Contract and to furnish Indian River County a Performance Bond in an amount equal to 125 % of the contract price and a Payment Bond in an amount equal to 100% of the Contract price , BID PROPOSAL BP- 1 and an Insurance Certificate naming Indian River County as an additional insured in accordance with section 5 of General Conditions . Contractor shall provide two (2) separate bonds . A combined Payment and Performance Bond for 125 % of the contract price is not an acceptable substitute . 3 ) To begin work within ten ( 10) calendar days after the date of receipt by him/her of Notice-to-Proceed, and to complete the work not later than the date specified in the Supplementary Conditions , Paragraph I. 4) To reimburse Indian River County, as liquidated damages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the contract work, the amount of Two Thousand dollars ($2 , 000 . 00) per calendar day. 5 ) The undersigned as BIDDER, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he/she proposes and agrees , if the proposal is accepted, that he/she will execute a contract with the OWNER in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit : It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison upon the basis of the actual quantities in the completed work, whether they be more or less than those shown ACCOMPANYING THIS PROPOSAL IS a certified check, cashier' s check or bid bond (five percent of the total bid price) payable to INDIAN RIVER COUNTY. The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the OWNER as liquidated damages in case this proposal is accepted by the OWNER and the undersigned fails to execute a contract with the OWNER as specified in the contract documents accompanied by the required labor and material and faithful performance bonds with sureties satisfactory to the OWNER, and accompanied by the required certificates of insurance coverage, including Builder ' s Risk Insurance . Should the OWNER be required to engage the services of an attorney in connection with the enforcement of this bid, BIDDER promises to pay OWNER'S reasonable attorneys' fees incurred with or without suit. The names of all persons interested in the foregoing proposals as principals are as follows : (NOTICE) - If BIDDER or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a partnership , state true name of firm, also names of all individual co-partners composing firm ; if BIDDER or their interested person is an individual, state first and last names in full . ) BIDDER hereby certifies that it has all license and permits required by Federal , State and local statutes , regulations and ordinances . BID PROPOSAL BP-2 Contractor's License No : BIDDER hereby acknowledges receipt of the following addenda: No . date No . date No . date No . date No . date No . date No . date NOTE : If BIDDER is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation and corporate seal ; if BIDDER is a co-partnership , the true name of the firm shall be set forth below, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership ; and if the BIDDER is an individual, his/her signature shall be placed below; if a special partnership , the names of the general partners and special partners . Signature of BIDDER: BID PROPOSAL BP-3 INDIAN RIVER COUNTY MITIGATION REEF PROJECT = SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) BID FORM Item Quantity Units Unit Price Total 1 . Mobilization for Reef 1 LS Placement 2 . Staging Area Operations 1 LS 3 . Reef Placement 501000 Tons 4 , Turbidity Monitoring 1 LS 5 . Site Restoration 1 LS 6. Bathymetric Surveys 1 LS 7 , Demobilization 1 LS TOTAL BID $ BID PROPOSAL BP-4 BID BOND KNOW ALL MEN BY THESE PRESENTS , that we as Principal, and as Surety, a corporation duly organized under the Laws of the State of Florida with its principal offices in the City of 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 ($ ) 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 . The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated , 2003 for the construction of MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) NOW, THEREFORE, if the Principal shall not withdraw said bid within the period of time set forth in the contract documents, and shall within ten ( 10) calendar days after the prescribed forms are presented to him for signature enter into a written contract with the OWNER in accordance with the bid as accepted, and if the Principal shall give the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and material men, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract, and give such bonds within the time specified, if the Principal shall within sixty (60) days after request by the OWNER pay to the OWNER the difference between the amount specified in said bid and the amount for which the OWNER may procure the required work if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. It is further agreed that if the OWNER is required to initiate legal proceedings to recover on this bond, it may also recover its costs relating thereto including a reasonable amount for attorneys' fees . IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 2003 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. WITNESSES (if individual) PRINCIPAL By Title : BID BOND BB- 1 ATTEST (if corporation) Title Corporate Seal : SURETY By: Title Corporate Seal : Any claims under this bond may be addressed to : Name and address of Surety Name and address of agent or representative in Florida if different from above Telephone number of Surety and agent or representative in Florida ATTEST Title Corporate Seal BID BOND BB-2 STATEMENT OF PUBLIC ENTITY CRIMES This form is a sworn statement under Section 287. 133 (3 )(a), Florida Statutes, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer oaths . 1 ) This sworn statement is submitted with Bid No . 6031 for MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) 2) This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement : 3 ) My name is (please print name of individual signing) and my relationship to the entity named above is 4) I understand that a 'Public Entity Crime" as defined in Paragraph 287 . 133 ( 1 )(g), Florida Statutes, means : a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other State or with the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5) I understand that "convicted" or "conviction" as defined in Paragraph 286 . 133 ( 1 )(b) Florida Statutes , means : a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1 , 1989 , as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6) I understand that an " affiliate" as defined in Paragraph 287 . 133 ( 1 )(a) , Florida Statutes , means : a . A predecessor or successor of a person convicted of a public entity crime ; or b . An entity under the control of a natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term " affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of an affiliate . STATEMENT OF PUBLIC ENTITY CRIMES S- 1 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 thirty-six (36) months shall be considered an affiliate. 7) I understand that a "person" as defined in Paragraph 287 . 133 ( 1 )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders , employees, members, and agents who are active in management of an entity. 8) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement . (Please indicate which statement applies .) Neither the entity submitting this sworn statement, nor any officers, directors , executives, partners , shareholders , employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1 , 1989 . The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members , or agent who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1 , 1989 , AND (Please indicate which additional statement applies . ) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list . There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list . (Please attach a copy of the final order.) There person or affiliate has not been placed on the convicted vendor list . (Please describe any action taken by or pending with the Department of General Services . ) STATEMENT OF PUBLIC ENTITY CRIMES S-2 (signature) (date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this day of 2003 . NOTARY PUBLIC My commission expires : STATEMENT OF PUBLIC ENTITY CRIMES S-3 SWORN STATEMENT UNDER SECTION 105. 08 INDIAN RIVER COUNTY CODE ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . This sworn statement is submitted with Bid, Proposal or Contract No . 6031 for INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS I & 2 (AMBERSAND BEACH) 1 . This sworn statement is submitted by (Name of entity submitting sworn statement) whose business address is : and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 2 . My name is (Please print name of individual signing) 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 "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in -law, mother-in -law, daughter-in-law, son- in -law, brother-in-law, sister-in -law, stepfather, stepmother, stepson, stepdaughter, step- brother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies . ] Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in DISCLOSURE OF RELATIONSHIPS SS- 1 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 submittingthis sworn statement or one or more e of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or Entity or employee (signature) (date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of prod who is personally known to me or who has produceedd identification . as NOTARY PUBLIC sign : print : State of Florida at Large My Commissioner Expires : (Seal) DISCLOSURE OF RELATIONSHIPS SS-2 INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED , FAILURE TO COMPLY WITH THIS REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A BIDDER, ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED , 1 , Contractor ' s Name/Address 2 , Contractor ' s Telephone Number: 3 , Contractor' s License : 4 . Number of years as a Contractor in construction work of the type involved in this contract : 5 . What is the last project of this nature that you have completed? 6 . Have you ever failed to complete work awarded to you? If so, where and why: 7 . Are you or your company currently the subject of litigation? If so , please explain the circumstances . 8 . List the names and titles of all officers of Contractor' s firm : 9 . Provide the names of three references and contact information for whom you have performed work if of a similar nature to the proposed project . 10 . Name of person who inspected site or proposed work for your firm : Name : Date of Inspection : Do you have a complete understanding of the project as presented ? INFORMATION REQUIRED OF BIDDERS I- 1 11 . Have you ever sought additional or extra payment beyond the contract bid amount? If so , please provide details for the two most recent projects . 12 . Describe BIDDER' S proposed method of completing the work being bid herein and a time schedule for implementing the components of the work involved (include attachments as necessary) . 13 . List other current commitments including dollar value thereof, name of owner and estimated date of completion. 14 . List equipment you will purchase or rent to complete this project. 15 . Who will you designate to supervise work at the construction site if you are awarded the contract for this project? 16 . Describe at least (3 ) projects completed by BIDDER most similar to the work being bid . Provide a brief description of each project including the project name, dollar value (unit cost, mobilization/demobilization and total project cost) , the year in which the work was performed, the type of project, and owner name, address and telephone number. Said descriptions may be provided in any format convenient to BIDDER. NOTE : If requested by the County, the BIDDER shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition . (BIDDER) INFORMATION REQUIRED OF BIDDERS I-2 LIST OF SUB-CONTRACTORS The BIDDER SHALL list below the name and address of each Sub-Contractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Sub-Contractor. After the opening of Proposals, changes 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. Sub-Contractors must be properly licensed and hold a valid Certificate of Competency. Work to be Performed Sub-Contractor' s Name/Address I 2 3 4 5 6 7 Note : Attached additional sheets if required. INFORMATION REQUIRED OF BIDDERS I-3 EQUIPMENT SCHEDULE 1 : BARGE AND EQUIPMENT FORM TO BE SUBMITTED WITH THE BID This schedule shall include equipment owned and/or operated by the BIDDER and by any Subcontractor responsible for more than five percent (5 %) of the total work . Indicate on the form below if the equipment is owned or operated by the BIDDER or Subcontractor. Attach additional sheets if necessary. OWN OPERATOR NO , TYPE CAPACITY MANUFACTURER AGE & CONDITION LOCATION NOTES : In preparing the above tabulation, the BIDDER shall insert the following information under the appropriate heading, using a separate line for each major item and additional pages, if necessary. A . Number: Name of vessel or identifying number. B . Type : Under this heading, give descriptions . Include minimum and maximum working draft. C . Electronic Monitoring (Positioning) Equipment: State the manufacturer's name, description of equipment, and methods of interfacing (if required) and accuracy. D . List and describe any other equipment that will be used aboard barges and vessels for this project, such as backhoes, cranes, forklifts, front-end loaders, etc. INFORMATION REQUIRED OF BIDDERS I-4 STATEMENT OF LICENSE CERTIFICATE EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING: This is to certify that has satisfactorily met the certification requirements of , and is currently certified by the State of Florida. The Contractor's certificate number and date of certification shall appear on the sealed envelope containing the bid . Failure to so include the certification number and date will be cause to reject the bid, was issued Certificate No . on 2003 , by the Industry Licensing Board Construction. BIDDER : Print ora name of typ entity By: Signature Print or type name Print or type title Date INFORMATION REQUIRED OF BIDDERS I-5 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name : Mitigation Reef — Shoreline Sectors 1 &2 Project Number: 03102 Project Location : Indian River County, Florida Instructions : Florida Statutes Section 553 .60 through 553 . 64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C .F .R. s . 1926 . 650 Subpart P . All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public or other officer authorized to administer oaths . Certification 1 . I understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 C.F.R. s . 1926 . 650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2 . The estimated cost imposed by compliance with The Trench Safety Act will be : Dollars $ per linear foot of trench to be excavated . 0 . The estimated cost imposed by compliance with the Trench Safety Act will be : Dollars $ per square foot of special shoring used. 4. The amount listed above has been included within the Base Bid. Certified : (Contractor) By : (Signature) (Typed or Printed Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003 by of who is personally known to me or has produced as identification and who did (did not) take an oath. Notary Public (affix sea] ) My Commission Expires : INFORMATION REQUIRED OF BIDDERS I-7 CONTRACT FORMS SECTION TITLE PAGE NUMBER Agreement A 1 - 5 Performance Bond PE 1 -5 Payment Bond PA 1 -4 Application for Payment AP 1 -2 Final Payment FP 1 AGREEMENT INDIAN RIVER COUNTY, FLORIDA MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) THIS AGREEMENT made and entered into on the day of , 2003 , by and between (Name and Address) herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the COUNTY, or OWNER. WITNESSETH.• That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as follows : Article 1 . SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled : INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents . Payment shall be made in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2 . COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES : As time is of the essence, the Contractor will be required to commence work under this contract within ten ( 10) calendar days after receipt of the notice-to-proceed and shall complete the project by September 30, 2004 as specified in the Supplementary Conditions, Paragraph I. The CONTRACTOR agrees to reimburse Indian River County, Florida for liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of $2 ,000. 00 per calendar day in accordance with the schedule of damages listed in Article 840 . 2 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2002 edition. Liquidated damages are hereby fixed and agreed upon between the parties , recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by OWNER as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above- stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given . The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above- stated liquidated damages from the monies due to CONTRACTOR for the Work under this Contract as the OWNER deems just and reasonable . In addition to the above- stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER AGREEMENT A- 1 to third party consultants including, without limiting the generality of the foregoing, any ENGINEER in administering the construction of the Project beyond the Substantial Completion date as specified in the Contract or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. Article 3 . THE CONTRACT SUM : The COUNTY will pay the CONTRACTOR for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows : Numerical Amount $ Written Amount Article 4 . PAYMENT AND RETAINAGE : 4 . 0 . Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request at not less than monthly intervals . The request must be made through the ENGINEER on an approved estimate showing the component breakdown of the work for each item completed at the time of the request. Except as may be modified herein, ten percent ( 10%) of all amounts earned will be retained by the COUNTY until final completion and acceptance of the Contact. CONTRACTOR shall allow adequate processing time for County Commission final acceptance and approval for final payment. The CONTRACTOR shall make the following certification (Affidavit) on each Request for Payment : "I hereby certify that the labor and materials listed on this Request for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below : 4 . 1 Notice of Non-Payment. If one or more "Notice of Non-Payment " or "Notice to OWNER" is received by the OWNER, no further payments will be approved until non-payment(s) have been satisfied and a "Lien Waiver" for each "Notice" has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the COUNTY against any claims, receive payment for work for which there is an outstanding Notice of Non-Payment or Notice to OWNER. Article 5 . ACCEPTANCE AND FINAL PAYMENT : 5 . 0 Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final completion certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him/her under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 5 . 1 Before issuance of a final completion certificate, the contractor shall submit evidence satisfactory to the COUNTY Coastal Engineer that all payrolls , material bills , and other indebtedness connected with the work have been paid . An affidavit must be submitted by the AGREEMENT A_2 CONTRACTOR to the OWNER stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contractor, will bear the firm's seal, and will be notarized and attested by two witnesses . A Waiver-of--Lien form signed by a duly authorized officer of all Subcontractors, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. 5 . 2 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his/her sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . Article 6 . INDEMNIFICATION: CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, employees , elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. This indemnification and hold harmless provision shall survive the termination or expiration of this Contract. The parties expressly recognize that the relationship between the COUNTY and CONTRACTOR is that of OWNER and independent contractor, and that neither the CONTRACTOR nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the COUNTY. Article 7 . PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND : 7 . 0 The CONTRACTOR shall furnish the COUNTY immediately upon execution of this Contract a Performance Bond in an amount equal to 125 % of the contract price and a Payment Bond in an amount equal to 100% of the contract price with good and sufficient sureties, conditioned upon the performance of this Contract by the CONTRACTOR in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obliga- tion that such CONTRACTOR shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said CONTRACTOR in the prosecution of the work provided for in this Contract . 7 . 1 The CONTRACTOR shall record the Payment and Performance Bond with the Public Record Section of the Indian River Courthouse located at 2000 16th Avenue, Vero Beach, Florida, 32960 . The recorded bonds will be forwarded to the Purchasing Division within one week . 7 . 2 The CONTRACTOR shall provide two separate bonds ; a combined Payment and Performance Bond for 125 % of the contract price is not an acceptable substitute . 7 . 3 Pledge of Credit : The CONTRACTOR shall not pledge the COUNTY ' S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of the Agreement . AGREEMENT A-3 Article 8 . REMEDIES AND CHOICE OF LAW : This Agreement shall be governed by the laws of the State of Florida. Any legal actions instituted under this Agreement that are justiciable in state court shall be instituted in Indian River County. Any legal actions instituted under this Agreement that are justiciable in federal court shall be instituted in the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Article 9 . MISCELLANEOUS . 9 . 0 Counterparts : This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement . 9 . 1 Public Records : The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119 , Florida Statutes (Public Records Law) in connection with this Agreement. 9 . 2 Notices : All notices, requests, demands, approvals, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger; delivered by commercial overnight courier service; sent by facsimile/telecopier; or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to : As to COUNTY : Jonathan C . Gorham Department : Indian River County Public Works Dept. Address : 1840 25 `h Street Vero Beach, FL 32960 With a required copy to : Mr. Jim Davis, P .E. (address as above) As to CONTRACTOR: or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered and effective on the date of hand delivery, or on the second day after the date of deposit of notice with an overnight courier service, or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above . (CONTRACTOR) AGREEMENT A-4 Signed and sealed by the CONTRACTOR in the presence of. INDIAN RIVER COUNTY (OWNER) By Attest Kenneth R. Macht, Chairman Jeffrey K. Barton, Clerk (Seal) APPROVED James E . Chandler, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins H, County Attorney AGREEMENT A-5 INDIAN RIVER COUNTY, FLORIDA MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That we as Principal, and as Surety, are held and firmly bound unto the County of Indian River in the sum of Dollars ($ I amounting to 125 % of the total bid price, for the payment of said sum we bind ourselves , our executors , administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the of 2003 , entered into between the Principal and the County of Indian River, Florida, for: A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and his obligations thereunder, including all of the Contract Documents, therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages , injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of said Principal, his agents or employees , in the execution or performance of said Contract, including errors in the Drawings furnished by said Principal, and further, if the Principal shall promptly make payments to all who supply him, with labor and/or materials , used directly or indirectly by the Principal in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said work, by Contract or otherwise, and any damages, whether direct, indirect, or consequential, which the County of Indian River may incur as a result of the failure of the said Principal to properly execute all of the provisions of said Contract . AND , the said Principal and Surety hereby further bind themselves , their successors, executors , administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts , damages , costs and judgments which may be recovered against or which the OWNER may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . PERFORMANCE BOND PE- 1 AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications and Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications and Drawings . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the coverages and limitations of this Bond. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed, sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Address PERFORMANCE BOND PB_2 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed, sealed and delivered in the presence of: Witness Name of Firm Address Signature of Individual Witness Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner (Seal) Printed Name of Partner Witness Address PERFORMANCE BOND PE-3 WHEN THE PRINCIPAL IS A CORPORATION : Attest : Secretary Name of Corporation By: (Affix Corporate Seal) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his/her signature, and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY : Attest : Secretary Corporate Surety Business Address Telephone : By: (Affix Corporate Seal) Attorney-In-Fact Name of Local Agency PERFORMANCE BOND PE-4 Business Address Telephone : STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 2003 . ' Notary Public My Commission Expires PERFORMANCE BOND PE-5 INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : That we , as Principal, and as Surety, are held and firmly bound unto the County of Indian River in the sum of Dollars ($ ), amounting to 100% of the total bid price, for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the day of 2003 , entered into between the Principal and the County of Indian River, Florida, for: A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions : A. A claimant is defined as any person applying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 713 . 01 of the Florida Statutes . B . The provisions of Section 255 . 05 Florida Statutes shall apply. The above named Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The COUNTY shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant : 1 . Unless claimant, other than one having a direct contract with the Principal , shall within forty- five (45 ) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this bond for protection. 2 . Unless claimant, or other than one having a direct contract with the Principal , shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies , deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. PAYMENT BOND PA- 1 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials and supplies ; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4 . Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere . The Principal and the Surety jointly and severally, shall repay the County of Indian River any sum which it may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications . IN WITNESS WHEREOF, the above bounded parties executed this instrument under their Several Seals this day of , 2003 , the name and corporate seal each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL IS AN INDIVIDUAL : Witness Signature of Individual Address Printed Name of Individual Witness Address PAYMENT BOND PA_2 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed, sealed and delivered in the presence of: Witness Name of Firm Address Signature of Individual Witness Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner (Seal) Printed Name of Partner Witness Address WHEN THE PRINCIPAL IS A CORPORATION : Attest: Secretary Name of Corporation By: (Affix Corporate Seal) Printed Name Official Title PAYMENT BOND PA-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his/her signature, and his/her signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest : Secretary Corporate Surety Business Address Telephone : By: (Affix Corporate Seal) Attorney-In-Fact Name of Local Agency Business Address Telephone : STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney-in- fact for the and that he/she has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 2003 . Notary Public My Commission Expires PAYMENT BOND PA-4 APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION This standard form is intended as a guide only. Many projects require a much more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by ENGINEER or CONTRACTOR at the time CONTRACTOR' S Schedule of Values is finalized. Note also that the format for retainage must be changed if the Agreement permits (or the Law provides), and CONTRACTOR elects , the deposit of securities in lieu of retainage . Refer to Article 14 of the General Conditions for provisions concerning payments of CONTRACTOR. Be COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2 . 6 . 3 and 2 . 9 of the General Conditions, should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and equipment is often listed separately from the cost of their installation. All Change Orders affecting the Contract Price should be identified and include such supplemental Schedules of Values as required for progress payments . The form is suitable for use in the final Application for Payment as well as for Progress Payments ; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form . C. ENGINEER' S REVIEW ENGINEER must review all Applications for Payment with care to avoid recommending any payments not yet earned by CONTRACTOR. APPLICATION FOR PAYMENT AP- 1 APPLICATION FOR PAYMENT NO. To (OWNER) Contract for OWNER' S Contract No . ENGINEER' s Project No . For Work accomplished through the date of CONTRACTOR' S Schedule of Values Work Completed ITEM Unit Price Quantity Amount Quantity Amount Total (Orig. Contract) C.O. No. 1 C. O. No . 2 Accompanying Documentation: GROSS AMOUNT DUE LESS % RETAINAGE $ AMOUNT DUE TO DATE $ LESS PREVIOUS PAYMENTS $ AMOUNT DUE THIS APPLICATION $ CONTRACTOR' S Certification: 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 to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; (2 ) title to 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, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumbrances) ; and (3 ) all Work covered by this Application for payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents . Dated 92004 CONTRACTOR By: (Authorized Signature) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated , 2004 ENGINEER By: (Authorized Signature) EJCDC No. 1910-8-E ( 1990) Edition ) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America . APPLICATION FOR PAYMENT AP-2 FINAL PAYMENT STATE OF FLORIDA COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says : That he/she is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of , 2003 enter into a contract for the performance of certain work, more particularly described as follows : MITIGATION REEF PROJECT - SHORELINE SECTORS 1 & 2 (AMBERSAND BEACH) INDIAN RIVER COUNTY PROJECT #03102 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 by Subcontractors, persons or organizations who have either contracted directly with or who are directly employed by such contractor have been paid in full EXCEPT : Name Description/Amount who have not been paid and who are due the amount set forth. WITNESS (Corporate Seal) (CONTRACTOR) By: Subscribed and sworn to before me this day of 2003 . My Commission Expires : (Notary Seal) Name of Notary typed or printed I herewith acknowledge receipt of Final Payment on above and do hereby certify that I have no claims against the owner of said property. (CONTRACTOR) FINAL PAYMENT FP- 1 GENERAL CONDITIONS GENERAL CONDITIONS of the Construction Contract Revised From Engineers ' Joint Contract Documents Committee of National Society of Professional Engineers American Consulting Engineers Council American Society of Civil Engineers Construction Specifications Institute TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page 1 DEFINITIONS GC1 2 PRELIMINARY MATTERS GC3 3 CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE GC4 4 AVAILABILITY OF LANDS ; PHYSICAL CONDITIONS ; REFERENCE POINTS GC6 5 BONDS AND INSURANCE GC8 6 CONTRACTOR' S RESPONSIBILITIES GC9 7 OTHER WORK GC15 8 OWNER' S RESPONSIBILITIES GC16 9 ENGINEER' S STATUS DURING CONSTRUCTION GC16 10 CHANGES IN THE WORK GC18 11 CHANGE OF CONTRACT PRICE GC 19 12 CHANGE OF CONTRACT TIME GC20 13 WARRANTY & GUARANTEE; TESTS & INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK GC20 14 PAYMENTS TO CONTRACTOR AND COMPLETION GC22 15 SUSPENSION OF WORK AND TERMINATION GC26 16 MEDIATION GC28 17 MISCELLANEOUS GC29 INDEX TO GENERAL CONDITIONS S_ ubiect Article A Access to the Work 4. 1 , 7.2 Addenda-Definition of (See Definition of Specifications) I Agreement-Definition of I "All Risk" Insurance 5 .3 Amendment, Written 1 ,3 .4 . 1 , 10 . 1 - 10.4, 6. 10 Application for Payment-Definition of I Application for Payment, Final 14 . 12 Application for Progress Payment Review of 14 . 2 Authorized Variations in Work 9 . 5 Availability of Lands 4 . 1 B Before Starting Construction 2 , 5 -2 , 7 Bid-Definition of I Bonds and Insurance-In General 5 Bonds-Definition of 1 Bonds, Deliver of 2 . 1 , 5 . 1 Bond 5 . 175 . 2 C Calendar Day, Definition of I Cash Allowances 11 .4 Change Order-Definition of 1 Change Orders-To be Executed 10.4 Changes in the Work 10 Claims, Waiver of-On Final Payment 14. 8- 14.9, 14. 12, 14. 14 Clarifications and Interpretations 9 .4 Cleaning 6.20 Completion 14 Completion, Substantial 14 . 8- 14 .9 Conference, Preconstruction 2 . 8 Conflict, Error, Discrepancy-Contractor to Report 2 . 573 .3 Continuing Work 6. 33 Contract Documents-Amending and Supplementing 3 .4-3 .5 Contract Documents-Definition of I Contract Documents-Intent 3 . 1 -3 .3 Contract Documents-Interpretation of 6 . 35 Contract Documents-Reuse of 3 .6 Contract Price, Change of 11910. 1 - 10 . 5 Contract Price-Definition of I Contract Time, Change of 12 Contract Time, Commencement of 23 Contract Time-Definition of I Contractor-Definition of I Contractor May Stop Work or Terminate 15 .5 Contractor' s "All Risk" Insurance 5 .3 Contractor' s Continuing Obligation 14 . 14 Contractor' s Duty to Report Discrepancy in Documents 2 .5 3 .3 Contractor' s Insurance Requirements 5 . 3 Contractor' s Liability Insurance 5 . 3 Contractor' s Property Insurance 5 . 3 Contractor' s Responsibilities-In General 6 Contractor' s Warranty of Title 14 .3 Contractors-Other Work 7 Contractual Liability Insurance 5 . 3 Copies of Documents 2 . 2 Correction/Removal of Defective Work 13 . 10 Correction Period, One Year 13 . 11 Correction, Removal or Acceptance of Defective Work-In General 13 . 11 - 13 . 14 Cost-Net Decrease 11 .7 D Day-Defmition of I Defective-Definition of I Defective Work-In General 13 , 14 . 7114 . 11 Defective Work, Correction/Removal of 13 . 10, 13 . 13 Defective Work, Acceptance of 13 . 13 Defective Work, Rejecting 9 . 6 Definitions I Delivery of Bonds 2 . 1 Determination for Unit Prices 9 . 10 Disputes, Decisions by Engineer 9 . 11 -9 . 12 Documents , Copies of 2 . 2 Documents , Record 6 . 21 -6 . 22 Documents, Reuse 3 . 6 Drawings-Definition of I E Easements 4 . 1 Effective Date of Agreement-Definition of I Emergencies 6.25 Engineer-Definition of I Engineer' s Decisions 9 . 10-9 . 12 Engineer' s-Notice Work is Acceptable 14 . 13 Engineer' s Recommendation of Payment 14 .4 14 . 13 Engineer' s Responsibilities/Limitations 2 .929 . 1 Engineer' s Limitations on Responsibilities 9 . 12,9. 13-9. 16 Engineer' s Status During Construction-In General 9 Equipment, Labor, Materials and 6. 3 -6.5 Equivalent Materials and Equipment 6. 7 Explorations of Physical Conditions 4 ,2 F Fee, Contractor' s Costs Plus 11 . 6 Field Order-Definition of I Field Order-Issued by Engineer 3 . 5 . 139 . 5 Final Application for Payment 14 . 12 Final Inspection 14. 11 Final Payment and Acceptance 14 . 13 Final Payment, Recommendation of 14 . 13 - 14. 14 G General Provisions 17 .3- 17 .4 General Requirements-Definition of I General Requirements-Principal References to 2 . 694 . 10,6 .41 6. 6,6.28 Guarantee of Work-by Contractor 13 . 1 I Indemnification 6 . 34 Inspection, Final 14 . 11 Inspection, Tests and 13 .2- 13 . 6 Insurance, Bonds and-In General 5 Insurance, Certificates of 2 .715 Insurance, Contractor's "All Risk" 5 .3 Insurance, Contractor's Liability 5 . 3 Insurance, Contractor' s Property 5 . 3 Insurance, Contractual Liability 5 . 3 Intent of Contract Documents 3 . 1 -3 . 319 . 14 Interpretation of Contract Documents 6 . 35 Interpretations and Clarifications 9 .4 Investigations of Physical Conditions 4 . 2-4 . 3 L Labor, Materials and Equipment 6 . 3 -6 . 5 Laws and Regulations-Definition of I Laws and Regulations-General 6 . 15 -6. 16 Liability Insurance-Contractor' s 5 . 3 Liens -Definitions of 14 . 2 M Materials and Equipment-Furnished by Contractor 6 .3 -6 . 5 Materials and Equipment-Not Incorporated in Work 14 .2 Materials or Equipment-Equivalent 6. 7 Miscellaneous Provisions 17 Multi-Prime Contracts 7 N Notice, Giving of 17 . 1 Notice of Acceptability of Project 14 . 13 Notice of Award-Definition of I Notice of Proceed-Definition I Notice to Proceed-Giving of 2 . 3 O "Or-Equal" Items 6 . 7 Other Contractors 7 Other Work 7 Overtime Work-Prohibition of 6 . 3 Owner-Definition of I Owner May Correct Defective Work 13 . 13 Owner May Stop Work 13 . 9 Owner May Suspend or Terminate Work 15 . 1 - 15 .4 Owner' s Duty to Execute Change Orders 8 . 6 Owner' s Representative-Engineer to Serve as 9 . 1 Owner' s Responsibilities-In General g Owner' s Separate Representative at Site 9 . 3 P Partial Utilization 14 . 10 Partial Utilization-Definition of I Patent Fees and Royalties 6 . 14 Payments, Recommendations of 14 .4- 14 . 7, 14. 12- 14 . 13 Payments to Contractor-In General 14 Payments to Contractor-When Due 14 .4914 . 13 Payments to Contractor-Withholding 14 . 7 Physical Conditions 4 .2-4 .4 Physical Conditions-Engineer' s Review 4 . 3 Physical Conditions-Explorations and Reports 4 .2 Physical Conditions-Possible Document Change 4 . 3 Physical Conditions-Price and Time Adjustments 4 . 3 Physical Conditions-Report of Differing 4 . 3 Physical Conditions-Underground Facilities 4 .4 Preconstruction Conference 2 . 8 Preliminary Matters 2 Premises, Use of 6 . 19-6 . 20 Price, Change of Contract 11 Price-Contract-Definition of I Progress Payment, Applications for 14 . 2 Progress Payment, Retainage 14 .2 Progress Schedule 2 . 652 . 9 , 6 . 6 Project-Definition of I Project Representation-Provision for 9. 3 Project Representative, Resident - Definition of I Project, Starting the 2 .4 Property Insurance 5 . 3 Protection, Safety and 6. 23-6 . 24 Punch List 14. 11 R Recommendation of Payment 14 .4- 14 . 7 Record Documents 6.21 -6 .22 Reference Points 4 . 10 Regulations, Laws and 6. 15-6 . 16 Rejecting Defective Work 9 . 6 Related Work at Site 7 . 1 -7 . 3 Removal or Correction of Defective Work 13 . 11 Resident Project Representative - Definition of I Resident Project Representative - Provision for 9 .3 Responsibilities, Contractor' s-In General 6 Responsibilities, Engineer' s-In General 9 Responsibilities, Owner' s-In General 8 Retainage 14 .2 Reuse of Documents 3 .6 Rights-of-Way 4 . 1 Royalties, Patent Fees and 6 . 14 S Safety and Protection 6.23 -6.24 Samples 6 .28-6 . 32 Schedule of Progress 2 . 61 2. 8-2 .926. 6, 15 .2 .9 Schedule of Shop Drawing Submissions 2 . 61 2. 8-.2 .9,6.28 Schedule of Values 2 . 6 . 312 , 8-2 .9114. 1 Schedules, Finalizing 2 , 9 Shop Drawings and Samples 6.26-6.32 Shop Drawings-Definition of I Shop Drawings, Use to Approve Substitutions 6 . 7 Site, Visits to-By Engineer 9 ,2 Specifications-Definition of I Starting Construction, Before 2 .5 -2 , 8 Starting the Project 2 .4 Stopping Work-By Contractor 15 . 5 Stopping Work-By Owner 13 . 9 Subcontractor-Definition of I Subcontractors-In General 6 . 8-6. 13 Subcontracts-Required Provisions 6 . 13 Substantial Completion-Certification of 14 . 8 Substantial Completion-Definition of I Substitutes or "Or-Equal" Items 6 . 7 Subsurface Conditions 4 . 4 Supplemental Costs 11 . 7 Supplementary Conditions-Definition of I Supplementary Conditions-Principal References to 2 . 215 . 1 , 5 .356 . 1 5 , 6 . 28 , 7 .4 , 9 . 3 Supplementing Contract Documents 3 . 4-3 . 5 Supplier-Definition of I Supplier-Principal References to 3 . 616 . 516 . 8-6 . 13 , 9 . 13 ,9 . 16, 13 .4 , 14 . 12 Surety-Consent to Payment 14 . 12- 14 . 14 Surety-Engineer has no Duty to 9. 13 Surety-Notice to 10 . 1 , 10. 5915 .2 Surety-Qualification of 5 . 1 -5 .2 Suspending Work by Owner 15 . 1 Suspension of Work and Termination-In General 15 Superintendent-Contractor' s 6,2 Supervision and Superintendence 6. 1 -6. 2 T Taxes-Payment by Contractor 6. 17 Termination-By Contractor 15 . 5 Termination-by Owner 15 .2- 15 .4 Termination, Suspension of Work and- In General 15 Tests and Inspections 13 . 2- 13 . 6 Time, Change of Contract 12 Time, Computation of 17. 1 - 17 .2 Time, Contract-Definition of I U Uncovering Work 13 . 7- 13 .8 Underground Facilities-Definition of I Underground Facilities-Not Shown or Indicated 4 . 54 .9 Underground Facilities-Protection of 4.4 Underground Facilities-Shown or Indicated 4 .4 Unit Price Work-Definition of I Unit Price Work-General 11 .5- 11 .7 Unit Prices 11 .3 . 1 Unit Prices, Determinations for 9 . 10 Use of Premises 6. 18-6.20 Utilities 4. 5-4.9 Utility Owners 7 . 1 -7 .3 V Values, Schedule of 2 . 612 .9114 . 1 Variations in Work-Authorized 3 . 596.30-6 . 3136 .33 ,9. 5 Visits to Site-By Engineer 9 .2 W Warranty and Guarantee-By Contractor 13 . 1 Warranty of Title, Contractor' s 14 .3 Work, Access to 4 . 117 .2 Work-By Others 7 Work Continuing During Disputes 6.33 Work, Cost of 11 .4- 11 . 7 Work-Definition of 1 Work Directive Change-Definition of I Work Directive Change-Principal References to 3 .4 . 3110 . 1 - 10 . 2 Work, Stopping by Contractor 15 . 5 Work, Stopping by Owner 13 . 10, 15 . 1 - 15 .4 Written Amendment-Definition of I Written Amendment-Principal References to 3 . 4. 1 , 10 . 1 - 10 . 4, 11 . 2, 12 . 1 0 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Addenda - Written or graphic instructions issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents . Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents . Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, performance and payment bonds and other instruments of security. Calendar Day - Any day, including Saturdays, Sundays and holidays regardless of weather conditions. Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Contract Documents are defined as those listed in the Agreement and together, comprise the entire Agreement between OWNER and CONTRACTOR. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 .9 in the case of Unit Price Work.) Contract Time - The number of days (computed as provided in paragraphs 17.2 and 17 .3) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER' S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14. 8 or 14 . 9) . Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents . Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - The person, firm or corporation named as such in the Supplementary Conditions . GENERAL CONDITIONS GC1 Field Order - A written order issued by ENGINEER which orders minor changes in the work in accordance with paragraph 9 . 5 but which does not involve a change in the Contract Price or the Contract Time, General Requirements - Sections of Division 1 of the Specifications . Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders . Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR' S obligations under the Contract Documents . OWNER - The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents . Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawing - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto . Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site . Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER' S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14 . 13 . The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions . Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor. Underground Facilities - All pipelines, conduits , ducts, cables , wires, manholes, vaults , tanks , tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials ; electricity, gases , steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. GENERAL CONDITIONS GC2 Unit Price Work - Work to be paid for on the basis of unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, finishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4 . 3 or to emergencies under paragraph 6 . 25 . A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2 . Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS Delivery of Bonds : 2 . 1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 . 1 . Copies of Documents : 2 .2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed : 2 . 3 The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth (75) day after the day of Bid opening or the thirtieth (30) day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2 .4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction : 2 . 5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the CONTRACT Documents and check and verify pertinent figures shown thereon and all applicable field measurements . CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. GENERAL CONDITIONS GC3 2 . 6 Within ten ( 10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2 . 6 . 1 An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2 . 6. 2 A preliminary schedule of Shop Drawing submissions ; and 2 . 6.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work, which will be confirmed in writing by CONTRACTOR at the time of submission. 2 . 7 Ten ( 10) days prior to any work commencing, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Section 5 . Preconstruction Conference: 2 . 8 Within fifteen ( 15) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2 . 6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules : 2 . 9 At least ten ( 10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2 .6 . The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions . The finalized schedule of values will be acceptable to ENGINEER as to form and substance . ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE Intent: 3 . 1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3 .2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents . Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-know technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such GENERAL CONDITIONS GC4 reference be specific or by implications, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER' S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. 15 or 9. 16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4 . 3 .3 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have know thereof. Amending and Supplementing Contract Documents : 3 .4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways : 3 .4 . 1 A formal Written Amendment, 3 .4 .2 A Change Order (pursuant to paragraph 10 .4), or 3 .4 . 3 A Work Directive Change (pursuant to paragraph 10. 1 ) . As indicated in paragraphs 11 .2 and 12 . 1 , Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3 . 5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways : 3 . 5 . 1 A Field Order (pursuant to paragraph 9 . 5), 3 . 5 .2 ENGINEER' s review of a shop drawing or sample (pursuant to paragraphs 6.32 and 6 . 33), or 3 . 5 . 3 ENGINEER' s written interpretation or clarification (pursuant to paragraph 9 .4) . Reuse of Documents : 3 . 6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. GENERAL CONDITIONS GC5 ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands : 4 . 1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents . If CONTRACTOR believes that any delay in OWNER' S furnishing these lands, right-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12 . CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 . Contractor shall provide to the OWNER written evidence of authorization to use any private land for staging or storage of material and equipment on the private land. Such written evidence of authorization must be provided to the OWNER prior to use of that private land. Physical Conditions/Available Reports : 4 .2 Exploration and Reports ; Reference is made in Appendix A for identification of those reports of exploration and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents . Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents . 4. 3 Unforeseen Conditions : CONTRACTOR shall, before such conditions are disturbed, promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents . ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER fmds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions . Physical Conditions - Underground Facilities : 4 .4 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site are based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others . Unless it is otherwise expressly provided in the Supplementary Conditions : 4 .4 . 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4 .4 .2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6 . 23 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price . GENERAL CONDITIONS GC6 Utilities : 4 . 5 The word facility as used in this subsection titled "Utilities" includes any pipe conveying gases or liquids Y gg Q and appurtenances attached thereto; cables, conduits, wires, ducts and appurtenances ; poles and appurtenances ; any of which may be buried below grade or installed at or above grade level . A facility excludes irrigation pipes, service connections and traffic signal wiring. A service connection is a pipe (excluding irrigation pipes), cable, wire, duct or conduit that is intended to connect a facility with a user. The word Utility as used in this subsection titled "Utilities" refers to the entity having legal ownership of the facility, service connection, irrigation pipe, or traffic signal wiring. 4 . 6 The ENGINEER has endeavored to determine the existence of underground facilities at the site of the work from the records of the utilities with known facilities in the vicinity of the work. The position of these facilities as derived from such records are shown on the plans . Service connections, irrigation pipes, and traffic signal wiring may not be shown on the plans. The CONTRACTOR shall make his/her own investigations, including exploratory excavations and contact with Utilities, to determine the exact locations and type of existing facilities, service connections, irrigation pipes, and traffic signal wiring prior to commencing work in the area and shall be responsible for any damage thereto. 4 . 7 With regard to paragraph 6 .23 , damage, injury, or loss resulting in whole or in part from the CONTRACTOR' S failure to locate and preserve a facility, service connection, irrigation pipe, or traffic signal wiring shall under no circumstances be deemed attributable to the fault of the Drawings or Specifications or to the acts or omissions of the OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. 4. 8 With respect to underground facilities, no claim for a change in the contract price may be allowed unless the CONTRACTOR discovers an underground facility which is not indicated or referred to in the Contract Documents or which is in a position differing materially and significantly from that indicated or referred to in the Contract Documents . If such discovery is made, the CONTRACTOR shall promptly notify in writing the OWNER, ENGINEER and the Utility. The OWNER may make changes in the alignment and grade of the work in accordance with the section titled "Changes in the Work". CONTRACTOR' s failure to provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time. 4 . 9 At no additional cost to the OWNER, the CONTRACTOR shall replace, remove, relocate, protect, or temporarily maintain a facility which is not in a position differing materially and significantly from that indicated or referred to in the Contract Documents. At no additional cost to the OWNER, the CONTRACTOR shall adjust the top elevation of all valve boxes and manholes to match the finish grade or pavement surface and shall replace, remove, relocate, protect, or temporarily maintain all service connections, irrigation pipes, and traffic signal wiring. The work on the facility, service connection, irrigation pipe or traffic signal wiring shall be done in a manner satisfactory to the Utility, it being understood that the Utility has the option of doing such work with his/her own forces, or permitting the work to be done by the CONTRACTOR. Reference Points : 4 . 10 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel . GENERAL CONDITIONS GC7 ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds : 5 . 1 CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of the contract price and Payment Bond in an amount equal to 100 % of the contract price as security for the faithful performance and payment of all CONTRACTOR' S obligations under the Contract Documents. CONTRACTOR shall furnish the bond(s) on the form provided in these Contract Documents in accordance with this Article 5 . The Performance Bond shall remain in effect one ( 1 ) year after the date of final completion as set forth in the Certificate of Final Completion. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents . The surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. The CONTRACTOR shall require the attorney-in-fact, who executed the Payment Bond and the Performance 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 Agreement, the CONTRACTOR shall 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 . 5 .2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 . 1 , CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR' s Liability Insurance: 5 .3 Insurance - General: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required under this Section and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his/her subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all time thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13 . 12 . 5 . 3 . 1 Insurance Requirements : 5 .3 . 1 . 1 Worker' s Compensation: To meet statutory limits in compliance with the Worker' s Compensation Law of Florida. This policy must include Employer Liability with a limit $ 100,000 for each accident, $500,000 disease (policy limit) and $ 100,000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 5 .3 . 1 .2 Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: • Premises/Operations • Products/Completed Operations • Contractual Liability • Independent Contractors 5 . 3 . 1 .3 Business Auto Liability: Coverage shall provide minimum limits of liability of $ 1 , 000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : • Owner Autos GENERAL CONDITIONS GC8 • Hired Autos • Non-Owned Autos 5 .3 . 1 .4 CONTRACTOR' s Property Insurance : CONTRACTOR shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by law). This insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work, shall insure against the perils of fire, lightning and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of our resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals) . If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Contract shall contain a provision that the coverage afforded will not be canceled, materially changed or reduced until at least thirty (30) days ' prior written notice has been given to OWNER'S Risk Manager. 5 .3 . 1 .5 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his/her expense and provide properly completed and executed "Certificates of Insurance and insurance Endorsement" forms in the exact format and wording presented in these Contract Documents before starting work. 5 . 3 . 2 Special Requirements :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. The certificates shall provide for the following: "Board of County Commissioners, Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder' s Risk "All Risk" Insurance. The insurer must be authorized to do business and have an agent for service of process in Florida and have an "AA" policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best' s Rating. ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES Independent Contractor: 6 . 0 CONTRACTOR represents that it is fully experienced and property qualified to perform the Work under the Contract Documents and that it is properly licensed, equipped, organized and financed to perform such Work. CONTRACTOR shall act as an independent contractor and not as the agent of OWNER in performing the Work under the Contract Documents, maintaining complete control over its employees and all of its suppliers and subcontractors . Supervision and Superintendence: 6 . 1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents . CONTRACTOR shall be solely responsible for the means, methods , techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of specific means , methods , techniques, sequences or procedures of GENERAL CONDITIONS GC9 construction which is indicated in and required by the Contract Documents . CONTRACTOR shall be isresponsible to see that the finished Work complies accurately with the Contract Documents . 6 .2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR' s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6 . 3 CONTRACTOR shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents . CONTRACTOR shall at all times maintain good discipline and order at the site except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto. It is anticipated that this project will require work to be performed 24 hours a day, 7 days a week, including holidays. 6.4 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all material, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6 . 5 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents . If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents ; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER' s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9 . 15 or 9 . 16 . Adjusting Progress Schedule : 6 . 6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2 . 9) adjustments in the progress schedule to reflect the impact thereon of new developments ; these will conform generally to the progress then if effect and additionally will comply with any provisions of the General Requirements applicable thereto . Substitutes or "Or-Equal" Items : 6 . 7 The procedure for review and consideration of "Substitutions" or "Or-Equal" is outlined in the Supplementary Conditions Concerning Subcontractor, Suppliers and Others : 6 . 8 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER or ENGINEER as indicated in paragraph 6 . 10) , whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6 . 9 The Bidder must submit with the bid a list of the names of the Bidder ' s major Subcontractors together with the services they will supply. GENERAL CONDITIONS GC10 6 . 10 OWNER' s or ENGINEER' s acceptance (either in writing or by failing to make written objection thereto within ten ( 10) days of receipt of the list) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute. No acceptance by OWNER or ENGINEER or any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6. 11 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR ' s own acts and omissions . Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6. 12 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6 . 13 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5 .3 . Patent Fees and Royalties : 6. 14 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others . If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents . CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney ' s fees and court and mediation/arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connections with any alleged infringement of such rights . Laws and Regulations : 6 . 15 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations , neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR ' s compliance with any Laws or Regulations . 6. 16 If CONTRACTOR observes that the specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3 .4 . If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be GENERAL CONDITIONS GC11 CONTRACTOR' s primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes : 6. 17 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be ' paid by CONTRACTOR in accordance with the laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises : 6. 18 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall take all precautions to minimize inconvenience to residents living adjacent to the construction site by maintaining access to driveways and providing noise control devices for dewatering equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration, mediation, or at law. 6 . 19 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designed for alteration by the Contract Documents, 6.20 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents : 6.21 CONTRACTOR shall maintain in a safe place at the site one ( 1 ) record copy of all Drawings, Specifications, Addendas, Written Amendments, reviewed Shop Drawings, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9 .4) in good order and annotated to show all changes made during construction. These record documents together with all reviewed samples and counterpart of all reviewed Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents , samples and Shop Drawings will be delivered to ENGINEER for OWNER. Upon delivery of such documents to ENGINEER, the CONTRACTOR shall provide a written certification, signed and dated, that all documents accurately and completely reflect all deviations from or changes in the original Contract Documents made during construction of the project. 6 .22 These requirements also supplement those of Article 14. Record documents shall be up-to-date and available for review by the resident project representative prior to each application for progress payment. Payment will not be made for construction of items not shown on the record documents. GENERAL CONDITIONS GC 12 Safety and Protection : 6.23 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to : 6. 23 . 1 All employees on the Work and other persons and organizations who may be affected thereby; 6 . 23 .2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, specifically including OWNER furnished supplies, equipment or other items to be utilized in connection with, or incorporated in, the work, and; 6.23 .3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 6.23 .4. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.23 .2 or 6 . 23 .3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, and Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose . acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR' s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14 . 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) . 6.24 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR' s superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies : 6.25 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss CONTRACTOR shall give ENGINEER prompt written notice that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations . Shop Drawings and Samples : 6 . 26 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2 . 9), or for other appropriate action if so indicated in the Supplementary Conditions , five (5 ) copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written GENERAL CONDITIONS GC 13 indication that CONTRACTOR has satisfied CONTRACTOR' s responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6 .27 CONTRACTOR shall also submit to ENGINEER for review with such promptness as to cause no delay in Work, all samples required by the Contract Documents . All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR' s responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.28 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.29 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review of each such variation. 6 . 30 ENGINEER will review with reasonable promptness (a maximum of 14 days) Shop drawings and samples, but ENGINEER' s review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, methods, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto . The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6 . 31 ENGINEER' s review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER' s attention to each such variation at the time of submission as required by paragraph 6.29 and ENGINEER has given written review each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review; nor will any review by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.28 . 6 . 32 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER' s review of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6 . 33 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing . GENERAL CONDITIONS GC14 Indemnification : 6 . 34 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or any one for whose acts any of them may be liable, the indemnification obligation under the Contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under worker' s or workmen ' s compensation acts, disability benefit acts or other employee benefit acts. Interpretation of Contract Documents : 6 . 35 It is the duty of the CONTRACTOR to notify the ENGINEER, in writing, in the event of any doubt or question as to the true meaning of any provision in the Contract Documents . Annotated dimensions on drawings shall govern and work not dimensioned shall be as clarified by the ENGINEER. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Materials of work described in words which have a well-known technical or trade meaning shall be deemed to refer to such recognized standard. ARTICLE 7 - OTHER WORK Related Work at Site : 7 . 1 OWNER may perform other work related to the Project at the site by OWNER' s own forces, have other work performed by utility owners or let other direct contracts in connection with the Project. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or required additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 . 7 .2 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER' s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together property and integrate with such other work. CONTRACTOR shall not endanger any work of others by others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors . 7 . 3 If any part of CONTRACTOR' s Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results . CONTRACTOR' s failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR ' s Work except for latent or nonapparent defects and deficiencies in the other work. GENERAL CONDITIONS GC15 ARTICLE 8 - OWNER' S RESPONSIBILITIES 0 8 . 1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8 .2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8 . 3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14 .4 and 14 . 13 . 8 .4 OWNER' s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 . 1 and 4 . 10 . Paragraph 4 .2 refers to OWNER' s identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in preparing the Drawings and Specifications . ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION OWNER' s Representative: 9 . 1 ENGINEER will be OWNER' s representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER ' s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents . ENGINEER will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the Work. ENGINEER' s efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents . On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation : 9 .3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. Clarifications and Interpretations: 9 .4 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents . If CONTRACTOR believes that a written clarification or interpretations justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12 . GENERAL CONDITIONS GC 16 Authorized Variations in Work: 9 . 5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents . These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. However, if CONTRACTOR claims entitlement to additional time or money as a result of such minor variations in the Work, such entitlement is conditioned upon obtaining a Change Order authorized and executed by OWNER after making a Claim as provided in Articles 11 or 12 . Rejecting Defective Work: 9 . 6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13 . 8 , whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments : 9. 7 In connection with ENGINEER' s responsibility for Shop Drawings and samples, see paragraph 6 .28 through 6 .35 inclusive . 9 . 8 In connection with ENGINEER' s responsibilities as to Change Orders, see articles 10, 11 and 12 . 9 .9 In connection with ENGINEER' s responsibilities in respect of Applications for Payment, etc, see article 14 . Determinations for Unit Prices : 9 . 10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER' s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER' s written decisions thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon CONTRACTOR, subject to OWNER approval. Decisions on Disputes : 9 . 11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph which ENGINEER will render in writing within a reasonable time . Except as specifically provided in the Contract Documents, written notice of each such claim, dispute and other matters will be delivered by a claimant to ENGINEER and OWNER promptly, but in no event later than thirty (30) days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. Limitations on ENGINEER ' s Responsibilities : 9 . 13 Neither ENGINEER ' s authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. GENERAL CONDITIONS GC17 9 , 14 Whenever in the Contract Documents the terms as ordered", as directed", as required„ ”, as allowed", Is "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise) . The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. 15 or 9 . 16. 9 . 15 ENGINEER will not be responsible for CONTRACTOR' s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR' s failure to perform or furnish the Work in accordance with the Contract Documents. 9 . 16 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 - CHANGES IN THE WORK 10. 1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) . 10.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or Article 12 . 10 .3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 .4 and 3 .5 , except in the case of an emergency as provided in paragraph 6.25 and except in the case of uncovering Work as provided in paragraph 13 . 8 . 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering : 10 .4 . 1 Changes in the Work which are ordered by OWNER pursuant to paragraph 10 . 1 , are required because of acceptance of defective Work under paragraph 13 . 13 or correcting defective Work under paragraph 13 . 14 , or are agreed to by the parties ; 10.4 .2 Changes in the Contract Price or Contract Time which are agreed to by the parties ; and 10 . 5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR ' s responsibility, and the amount of each applicable Bond will be adjusted accordingly. GENERAL CONDITIONS GC18 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11 . 1 The contract price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his/her expense without change in the Contract Price. 11 .2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant ' s written statement that amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with the Contract Documents . 11 . 3 . The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways : 11 .3 . 1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved; 11 .3 .2 By mutual acceptance of a lump sum. Cash Allowances : HA It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER and OWNER. CONTRACTOR agrees that: 11 .4 . 1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes ; and 11 .4 .2 CONTRACTOR' s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances . No demand for additional payment on account of any thereof of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11 . 5 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each items as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price . Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 . 10 GENERAL CONDITIONS GC19 11 .6 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item. 11 . 7 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other items of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12 - CHANGE OF CONTRACT TIME — NO DAMAGES FOR DELAY 12 . 1 The provisions for Change of Contract Time and No Damages for Delay are contained in Section 46 of the Technical Specifications . CONTRACTOR shall not be entitled to any damages resulting from delays even delis beyond CONTRACTOR's control. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from delays. 12 .2 All time limits stated in the Contract Documents are of the essence of the Agreement. ARTICLE 13 - WARRANTY AND GUARANTEE ; TESTS AND INSPECTIONS • CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13 . 1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13 . Tests and Inspections : 13 . 2 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections or tests . 13 .3 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER ' s or ENGINEER' s acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR' s purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified) . 13 .4 All inspections, tests or approvals other than those required by laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified) . 13 . 5 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR' s expense unless CONTRACTOR has given ENGINEER GENERAL CONDITIONS GC20 timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice . 13 . 6 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR form CONTRACTOR' s obligations to perform the Work in accordance with the Contract Documents . Uncovering Work: 13 . 7 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER' s observation and replaced at CONTRACTOR' s expense . 13 . 8 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR. at ENGINEER' s request shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price . If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 . OWNER May Stop the Work: 13 .9 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13 . 10 If required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period : 13 . 11 If within one ( 1 ) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by an specific provisions of the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER ' s written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before GENERAL CONDITIONS GC21 Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13 . 12 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER' s recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER' s evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER' s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13 . 13 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 . 11 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) calendar days written notice to CONTRACTOR, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR' s services related thereto, take possession of CONTRACTOR' s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere . CONTRACTOR shall allow OWNER, access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and mediation costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR' s defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER' s rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values : 14 . 1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment : 14 . 2 At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents . If payment is GENERAL CONDITIONS GC22 requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER ' s interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR' s Warranty of Title : 14. 3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment, free and clear of all Liens . Review of Applications for Progress Payment : 14 .4 ENGINEER will, within ten ( 10) days after receipt of each application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, -or return the Application to CONTRACTOR indicating in writing ENGINEER' s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. The OWNER will pay progress payments to the CONTACTOR on the basis of the approved partial payment request in accordance with the provisions of the Florida Prompt Payment Act, Florida Statutes sections 218 . 70 et. seq. The OWNER reserves the right to decline to make payments to the CONTRACTOR for cause, whether or not the ENGINEER has certified the amount for payment. 14 . 5 ENGINEER' s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER' s on-site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER' s review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER' s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 . 10, and to any other qualifications stated in the recommendation) ; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14 . 6 ENGINEER' s recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR' s being entitled to final payment as set forth in paragraph 14. 13 have been fulfilled. 14 . 7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER' s opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER' s opinion to protect OWNER from loss because : 14 . 7 . 1 The Work is defective, or completed Work has been damaged requiring correction or replacement, GENERAL CONDITIONS GC23 14 . 7 .2 The Contract Price has been reduced by Written Amendment of Change Order, 14 . 7 .3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 . 13 , or 14 . 7 .4 Of ENGINEER' s actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 .2 . 1 through 15 .2 . 11 inclusive. 14 .7 .5 CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors, 14 .7 . 6 The Work for which payment is requested cannot be verified, 14 .7 . 7 Of persistent failure to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work, or 14 . 7 . 8 Of any other breach of, default under, or violation of, or failure to comply with, the provisions of the Contract Documents. The OWNER reserves the right to decline to make payments to the CONTRACTOR for cause, whether or not the ENGINEER has certified the amount for payment. Substantial Completion: 14 . 8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen ( 14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of OWNER' s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen ( 14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities insurance and warranties . Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER' s issuing the definitive certificate of Substantial Completion, ENGINEER ' s aforesaid recommendations will be binding on OWNER and CONTRACTOR until final payment. 14 . 9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. GENERAL CONDITIONS GC24 Partial Utilization : 14 . 10 Use by OWNER of any finished part of the Work; which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER without significant interference with CONTRACTOR' s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following : 14 . 10. 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14 . 8 and 14 .9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14 . 10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete . A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER, and CONTRACTOR together, with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for the part of the Work, which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER) . During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14 . 10. 3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 . 3 in respect of property insurance . Final Inspection : 14 . 11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies . GENERAL CONDITIONS GC25 Final Application for Payment : 14 . 12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents-all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full ; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER' s property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14 . 13 If, on the basis of ENGINEER' s observation of the Work during construction and final inspection, and ENGINEER' s review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten ( 10) days after receipt of the final Application for Payment, indicate in writing ENGINEER' s recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable . Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER' s recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. Contractor ' s Continuing Obligation : 14 . 14 CONTRACTOR' s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14. 13 , nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR' s obligation to perform the Work in accordance with the Contract Documents . ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION : OWNER May Suspend Work: 15 . 1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for such period of time as OWNER may determine by notice in writing to CONTRACTOR and ENGINEER. CONTRACTOR shall resume the Work on the date specified in writing by OWNER. CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract Time , or both, directly GENERAL CONDITIONS GC26 attributable to any suspension if CONTRACTOR makes a claim therefore as provided in Articles 11 and 12 . OWNER May Terminate: 15 . 2 Upon the occurrence of any one or more of the following events : 15 . 2 . 1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11 , United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15 . 2 .2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15 .2 .3 If CONTRACTOR makes a general assignment for the benefit of creditors, or if CONTRACTOR admits in writing an inability to pay its debts generally as they become due ; 15 . 2 .4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR' s creditors ; 15 .2 . 5 If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15 .2 .6 If CONTRACTOR refuses or fails to supply enough properly skilled workers or proper materials ; 15 .2 .7 If CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors ; 15 . 2 . 8 If CONTRACTOR performs Work that does not conform to Contract . Documents requirements ; 15 . 2 .9 If CONTRACTOR fails to meet the Contract schedule or fails to make progress on the Work so as to endanger performance of the Contract; 15 .2 . 10 If CONTRACTOR abandons or refuses to proceed with any or all work, or; 15 .2 . 11 If CONTRACTOR otherwise breaches or is in default of any provision of the Contract Documents . OWNER may, after giving CONTRACTOR and the suretyseven (7) calendar days written notice, at the OWNER' s sole option, declare the CONTRACTOR to be in default and make demand on the surety to perform, or terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR ' s tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion) , incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored GENERAL CONDITIONS GC27 elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15 .3 Where CONTRACTOR' s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue . Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15 . 3 . 1 CONTRACTOR and its Surety or Sureties shall be liable jointly and severally for all costs in excess of the Contract Price for such terminated Work reasonably and necessarily incurred in the completion of the Work as scheduled, including costs of administration of any contract awarded to others for completion and for Liquidated Damages. 15A Termination by the OWNER for Convenience . Notwithstanding any other provisions to the contrary in the Contract Documents, the OWNER reserves the right at any time and in its sole and absolute discretion to terminate the services of the CONTRACTOR with respect to the Work by giving written notice to the CONTRACTOR. In such event, the CONTACTOR shall be entitled to, and the OWNER shall reimburse the CONTRACTOR for, an equitable portion of the Contract Price based on the portion of Work completed prior to the effective date of termination and for any other reasonable costs attributable to such termination. Contractor May Stop Work or Terminate: 15 . 5 If, through no act or fault of CONTRACTOR, ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails to pay CONTRACTOR any sum finally determined to be due within the timeframes set forth in the Florida Prompt Payment Act, Florida Statutes sections 218 . 70 et. seq., then CONTRACTOR may, upon seven (7) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6 . 33 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16 — MEDIATION 16 . 1 In the event of any dispute or disagreement arising in connection with the Project or the Contract Documents that does not require immediate legal relief, the Project Manager for the OWNER and the Project Superintendent for the CONTRACTOR, together with any other parties as are necessary or desirable , agree to meet in a good faith attempt to resolve such dispute . If the parties conclude that amicable resolution through continued negotiation of the matter at issue does not appear likely, the parties may agree to try in good faith to settle the dispute by mediation by a certified mediator of the 19th Judicial Circuit of the State of Florida . No party is required to use mediation prior to beginning formal proceedings for the judicial resolution of any such dispute . GENERAL CONDITIONS GC28 ARTICLE 17 - MISCELLANEOUS Computation of Time : 17 . 1 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2 A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. General : 17 . 3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other part ' s employees or agents or others for a whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the fust observance of such injury or damage . The provisions of this paragraph 17 .4 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17 .4 All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. GENERAL CONDITIONS GC29 INDIAN RIVER COUNTY MITIGATION REEF PROJECT FOR SECTORS 1 &2 SECTION V -- SUPPLEMENTARY CONDITIONS SECTION PAGE A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . 0 . 0 . SC- 1 Be Definition of Terms " 1 0 # 064 0000 00 , 011 , 111 , 11 $ 11 , SC- 1 C . Substitute or "Or-Equal" Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 SC- 1 D . Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC-3 E . Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 SC-4 F . Commencement and Completion of Work . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . 00 . . . . . . . . . . . . . . . . . . . . . . . . SC-4 G. Interpretations of Plans and Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC-4 H . Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC-4 I. Protection of Public . . , , , , , , , . . . . . . . . . . . . SC-4 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS A. INTRODUCTION These Supplementary Conditions amend or supplement the General Conditions (GC) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect . B . DEFINITION OF TERMS : Where the following terms, or their pronouns, occur herein, the intent and meaning shall be as follows : OWNER: Indian River County Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 ENGINEER: Applied Technology & Management, Inc . 400 S . Australian Avenue, Suite 855 West Palm Beach, Florida 33401 -5045 BIDDER : Any person, firm, or corporation submitting a Bid Proposal for the project. CONTRACT : The agreement executed by the OWNER and Bidder given the Award for the Project, including all Contract Documents, also referenced as the Agreement. CONTRACT DOCUMENTS : Advertisement for Bids, Introduction to Bidders, Instructions to Bidders , Bid Proposal, Bid Bond, Statement of Public Entity Crimes, Sworn Statement on Disclosure of Relationships , Information Required of Bidders , Agreement, Performance Bond, Payment Bond, Certificate of Insurance, General Conditions, Supplementary Conditions , Technical Provisions , Drawings , Appendix , American Society for Testing and Materials Standards, together with all Addenda and Change Orders issued with respect thereto . APPROVED EQUAL : A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the ENGINEER. C . SUBSTITUTE OR " OR-EQUAL" ITEMS (These paragraphs supplement Article 6 , Paragraph 6 . 7 , of the GC . ) SUPPLEMENTARY CONDITIONS SC 1 1 . Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required and to establish a basis for bidding. Unless the name is followed by words indicating that no substitution is permitted, substitute materials or equipment may be reviewed by ENGINEER if sufficient information is supplied by CONTRACTOR to allow ENGINEER to evaluate the proposed substitution. The use of materials or equipment other than those named shall be considered a substitution, which will be considered only after a contract for the Work is awarded. 2 . If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for review thereof, certifying that the proposed substitute will perform the functions and achieve the results called for by the Contract Documents, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and review of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not review of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute . 3 . The procedure for review by ENGINEER will include the following : a) Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. b) Upon receipt of an application for review of a substitution, ENGINEER will determine whether the review will be more extensive than a normal shop drawing review for the specified item . c) If the substitution will not require a more extensive review, ENGINEER will proceed with the review without additional cost to CONTRACTOR. d) If the substitution requires a more extensive review, ENGINEER will proceed with the review only after CONTRACTOR has agreed to reimburse OWNER for the review cost . e) ENGINEER may require CONTRACTOR to furnish at CONTRACTOR' S expense additional data about the proposed substitute . SUPPLEMENTARY CONDITIONS SC 2 4 . If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents . The procedure or review by ENGINEER will be similar to that provided in paragraph G. l as applied by ENGINEER (and as may be supplemented in the General Requirements) . 5 . ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitution. ENGINEER will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install or utilize any substitution without either an executed Change Order or ENGINEER's notation on the reviewed shop drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute . 6 . Substitute materials or equipment may be proposed for acceptance in accordance with these paragraphs (F . 1 through F . 6). In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in 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. D . PERMITS The OWNER has obtained the following authorizations : 1 . FDEP Joint Coastal Permit 0166929- 001 -JC USACE Permit No . 20001872 (IP-IS) 2 . The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of these permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3 . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item with which the work is most closely associated . SUPPLEMENTARY CONDITIONS SC 3 E. TESTS AND INSPECTIONS (This paragraph supplements paragraphs 13 . 4 and 14 . 5 of the GC .) With regard to paragraph 13 .4 of the GC, notice is hereby given that the OWNER may at any time during placement of material extract samples for independent testing at expense of OWNER. All other tests required in the Contract Document shall be provided by the CONTRACTOR. F . COMMENCEMENT AND COMPLETION OF WORK (This paragraph supplements paragraph 2 .4 of the GC . ) The CONTRACTOR will be required to commence work under this Contract within ten ( 10) calendar days after the date of receipt by him of the Notice-to-Proceed, and to complete the work by September 30, 2004. The time stated for completion shall include final clean up of all access locations and premises . G. INTERPRETATIONS OF PLANS AND CONTRACT DOCUMENTS (This paragraph supplements paragraph 6 . 4 of the GC . ) The CONTRACTOR shall verify all dimensions, quantities, locations, materials and details shown on the Plans, Supplementary Drawings, schedules or other data received from the ENGINEER, and shall notify him of all errors, omissions, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall not relieve the CONTRACTOR of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at his own expense . He will not be allowed to take advantage of any error or omissions , as full instructions will be furnished by the Architect or ENGINEER, should any error or omissions be discovered. All schedules are given for the convenience of the ENGINEER and CONTRACTOR and are not guaranteed to be complete . H . LIENS This project is a "Public Work " under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice : Claims for labor, materials and supplies are not assessable against Indian River Count and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name) pursuant to section 255 . 05 of the Florida Statutes This paragraph shall be inserted in every sub-subcontract hereunder. " I. PROTECTION OF PUBLIC 1 . The CONTRACTOR shall erect and maintain barricades and sufficient safeguards around all excavation, embankments or obstructions ; he shall place sufficient amber lights at or near the work, keep the same burning from sunset to sunrise, employ watchmen and strictly obey all laws and ordinances controlling or limiting those engaged on similar work. All maintenance of traffic work shall comply with Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2002 edition . SUPPLEMENTARY CONDITIONS SC 4 2 . Where there are telephone, telegraph, light, or power poles , water main, conduits, pipe, or drains ; or other construction either public or private; in or on the streets or alleys ; the work shall be so conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given and all the facilities afforded the OWNERs of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. 3 . The CONTRACTOR will not be permitted to interfere with public travel and convenience by tearing up streets indiscriminately, but the work of conducting the various items of this Contract shall proceed in an orderly, systematic and progressive manner. SUPPLEMENTARY CONDITIONS SC 5 INDIAN RIVER COUNTY MITIGATION REEF PROJECT SECTORS 1 &2 PROJECT NUMBER 03102 IRC Bid No . 6031 TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 1 certify these Specifications are developed in accordance with applicable Sections of 626-41 , F.A. C . and Joint Coastal Permit Number 0166929-001 -JC . Michael R . Barnett, P . E . Date t UI�G INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS TABLE OF CONTENTS 1 . SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . CONSTRUCTION WINDOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 . TIME EXTENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 . CONFLICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 . DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 . SUBCONTRACTORS , . . , , , , " . , , , , . , , , , , , , . . . . . . . , , , , " , . . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 , LICENSES , PERMITS , CERTIFICATIONS AND EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 , CONTRACTOR EXPERIENCE , a I 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 . I I I I I 1 0 1 1 1 1 1 0 3 9 , PRE— CONSTRUCTION MEETING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 . REQUIRED SUBMISSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 . WORK PROGRESS SCHEDULE , " , , , , , , , , 5 12 . MATERIALS REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 . PRIMARY EQUIPMENT REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 . STAGING AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 . INSPECTION NOTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 . PERMITS . , , , , . 9 17 , MITIGATIVE REEF CONSTRUCTION — GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . 9 18 , MATERIAL PLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 . ENVIRONMENTAL PROTECTION PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 . DAILY REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 . PAYMENT . . . . . . . . me * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 . PAYMENT FOR MOBILIZATION / DEMOBILIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 23 . NAVIGATION AND OBSTRUCTION OF CHANNELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 24 . QUALITY ASSURANCE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 25 . SAFETY PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 26 . SUPERINTENDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 , MISPLACED MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 28 . PROTECTION OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 . STATUTES , LAWS AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 30 . WEATHER CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 TS —i . INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 1 . SCOPE The CONTRACTOR shall provide all materials , labor, and equipment necessary to construct the Indian River County mitigative reef structure as identified in the construction plans and as described in the associated State and Federal permits and as described in these Technical Specifications . Potential bidders are advised that the reef quantities may be adjusted by the COUNTY without re-negotiation of unit prices or terms . The mitigative reef structure shall be constructed offshore of the Indian River County shoreline approximately 12 miles north of Ft. Pierce Inlet as specified on Sheet 4 of the construction plans . 2 . CONSTRUCTION WINDOW In accordance with FEDP Permit No . 0166929-001 -JC if the CONTRACTOR plans to conduct any operations on , or stage any equipment across the beach , such activities must be limited to December 1 through March 1 to avoid sea turtle nesting season . Commencement, prosecution , and completion of the work are also addressed in Sections 12 and 14 of the General Conditions . The time stated for completion shall include final site restoration of all work areas including staging areas and beach accesses . 3 . TIME EXTENSIONS If the CONTRACTOR plans to conduct any operations on , or stage any equipment across the beach , all construction shall be stopped and all equipment must be removed from the beach prior to March 1st. Time extensions for delays due to weather or equipment failures/availability shall not be granted . 4. CONFLICTS To the extent that there is a conflict between the various sections of the Contract Documents , the following order of documents shall govern : a . FDEP and USACE Permits b . In order of the most recent document date : Contract Modifications , Change Orders and/or modifications to the Technical and Environmental Specifications or Plans authorized by the COUNTY c. Technical and Environmental Specifications d . Construction Plans e . General Conditions f. Proposal and Bonds TS- 1 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 5. DEFINITIONS 5 . 1 Cable Buffer — Fiber optic telephone cable easements set within the Project Area where materials and equipment are not permitted . It is the CONTRACTOR'S responsibility to remain outside the designated Cable Avoidance Buffer Area , as shown on the plans . Any damage to existing cables caused during work shall be the sole responsibility of the CONTRACTOR. 5.2 Demobilization - The removal of all equipment and material associated with this Contract from the Work Area and Staging Area location and doing so in a manner that leaves the Staging Area and Work Area in their original conditions or in a condition acceptable to the COUNTY. This item shall be performed at the expense of the CONTRACTOR. 5.3 Environmental Damage and/or Pollution - The presence of chemical , physical , or biological elements or agents which have the potential to adversely affect human health or welfare ; unfavorably alter ecological balance ; affect other species or degrade the utility of the environment for aesthetic, cultural , historical or recreational purposes . The control of environmental pollution requires consideration of water, air, and land . Pollutants include fuels and other hydrocarbons such as hydraulic fluid , paints and solvents , bilge water, solid wastes , and noise , as well as other pollutants . 5.4 Ephemeral Hardbottom - Underwater hardbottom habitats characterized by periodic covering and exposure due to natural movement of sand along the shore . 5. 5. Materials - Limestone or coquina boulders of appropriate size as specified herein , free of debris or other material . 5. 6 Mitigation Area — Area designated for placement of the construction materials as designated in these Technical and Environmental Specifications and in the Plans . 5 . 7 Mobilization - Mobilization includes , but is not limited to , those operations necessary for the movement of personnel , equipment, supplies and incidentals to the project site ; the establishment of temporary offices and/or buildings and the procurement of safety equipment , first aid supplies , sanitary and other facilities , as required by these Technical and Environmental Specifications and State , Federal and local laws and regulations . 5 . 8 Plans/Construction Plans - Blue line , AutoCAD drawings and any other drawings as specified in these Technical and Environmental Specifications or Contract Documents or plans . The term " Plans " is synonymous with the term "Construction Plans" and the term " Drawings" . 5 . 9 Project Area - The area defined by the drawings and Technical and Environmental Specifications , which includes the Mitigation Area , the Work Area , the Cable Avoidance Buffer Area , and any and all protected natural resource areas . 5 . 10 Natural Resource Areas — Areas of distinct environmental significance such as an area of hardbottom , etc . TS-2 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 5. 11 Work Area - The area within the Project Area where the CONTRACTOR is permitted to work ; this area includes the staging area , navigable waterways interior to Fort Pierce , and the open ocean between the Staging Area and the Mitigation Area . The Work Area does not include any Natural Resource Areas , areas of exposed and/or ephemeral hardbottom , or the Cable Avoidance Buffer Area , as the CONTRACTOR is not permitted to work in these areas . 6 . SUBCONTRACTORS Any Subcontractors required by the CONTRACTOR , in connection with the services to be provided in association with this Project, will be limited to such individuals or firms as are identified for specific components of work . Any substitution of Subcontractors will also be subject to the prior approval of the COUNTY. Subcontractors employed in the connection with the performance of work related to this Project are required to comply fully with the terms and conditions of the contract between the CONTRACTOR and the COUNTY. Subcontractors shall be held responsible for Subcontractor-induced violation of any and all requirements outlined in these documents . 7 . LICENSES , PERMITS , CERTIFICATIONS AND EASEMENTS The CONTRACTOR shall comply with all of the requirements of the permits , easements , and conditions of this contract including The Florida Department of Environmental Protection ( FDEP ) and U . S . Army Corps of Engineers ( USACE ) permits included in Appendices A and B respectively. The CONTRACTOR shall conspicuously post copies of these permits on the job site (loading dock and in all vessels ). Any other licenses or approvals required for the execution of this work shall be secured and paid for by the CONTRACTOR including , but not limited to, occupational licenses and ABS load-line barge certifications . The CONTRACTOR shall obtain any and all U . S . Coast Guard certifications and/or approvals . Copies of all required licenses , permits , approvals , and certifications shall be provided to the County at the Pre-Construction conference . 8 . CONTRACTOR EXPERIENCE The information required of the Bidders includes General Information and Plant and Equipment Schedule (Sheets 11 through 16 inclusive ) shall be completed by the CONTRACTOR and shall be submitted with the bid along with the Required Submissions listed in Section 10 of these Technical and Environmental Specifications . Contractors and all Subcontractors must have no active or pending environmental enforcement action ( Notice of Violation or official litigation ) from any county, state , or federal regulatory agency; must have a minimum of three (3 ) years experience in marine and offshore construction ; and must have experience working around environmentally sensitive areas such as seagrass beds , reefs and manatee zones . TS-3 i INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 9 . PRE-CONSTRUCTION MEETING The COUNTY shall notify the CONTRACTOR of the date and time for a Pre- Construction Meeting , The CONTRACTOR'S attendance at this meeting shall be mandatory. The pre-construction meeting may be audio taped . The purpose of the pre- construction meeting shall be to develop mutual understanding relative to details of the project , and shall include COUNTY review of the CONTRACTOR Plans and submissions identified in Section 10 of these Technical and Environmental Specifications . The pre construction meeting shall include a discussion between the COUNTY and the CONTRACTOR of the permit requirements , lines of contractual and administrative authority, daily reporting requirements , submittals , work progress schedule , construction methods and shall have the purpose of establishing the working relationship between the CONTRACTOR and the COUNTY including any consultant(s ) working for the COUNTY. The COUNTY shall write a letter of record documenting all items discussed at the meeting and a copy will be provided to the CONTRACTOR. Subsequent meetings may be scheduled to reconfirm mutual understanding immediately prior to the construction or at any time during construction . 10 . REQUIRED SUBMISSIONS At the Pre-Construction Meeting , the CONTRACTOR shall submit the following items for review and acceptance by the COUNTY: 10 . 1 Operations Plan . The Operations Plan shall describe the proposed equipment and construction methods including the following information : 10 . 1 . 1 Work Progress Schedule conforming to Section 11 of these Technical and Environmental Specifications . 10 . 1 .2 Letter of Appointment designating a Project Superintendent(s) , describing responsibilities , and providing qualifications in conformance with Section 26 of these Technical and Environmental Specifications , 10 . 1 . 3 Proposed Equipment List including equipment listed in Section 13 of these Technical and Environmental Specifications , 10 . 1 .4 Proposed Construction Methodology would include accessing the staging area , access to and deployment of materials at the Mitigation Area , and Project Area restoration . 10 . 1 . 5 Copies of all Licenses , Permits , and Certificates shall be provided by the CONTRACTOR in the performance of the work as outlined in the proposal . 10 . 1 . 6 Proposed Subcontractors and the segment of work for which they will be responsible . Each Subcontractor shall provide a list of a minimum of three (3 ) similar previously-conducted projects including the name of the project , the year(s ) of construction , project description , dollar amount of contract award , and TS-4 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS name and phone number of the Subcontractor's agent . The required forms referenced in Section 8 of these Technical and Environmental Specifications shall be prepared and submitted with the bid . The use of any Subcontractors must be approved by the COUNTY prior to the start of work by the Subcontractor. 10 .2 Quality Assurance (QA) Plan . The CONTRACTOR shall prepare a QA Plan designating a QA Officer and including , but not limited to , all QA activities specified in Section 24 of these Technical and Environmental Specifications . 10 . 3 Safety Plan . The Safety Plan shall include , but not be limited to , all of the requirements specified in Section 25 of these Technical and Environmental Specifications . 10 .4 Accident Prevention Plan , The Accident Prevention Plan shall include , but not be limited to , all of the requirements specified in Section 25 of these Technical and Environmental Specifications , 10 . 5 Worker's Compensation Coverage Affidavit. The CONTRACTOR shall submit an affidavit of worker's compensation coverage as specified in Section 29 . 1 of these Technical and Environmental Specifications , 10 . 6 U .S . Coast Guard Certifications . The CONTRACTOR shall obtain any and all U . S . Coast Guard certifications and/or approvals . Copies of all required U . S . Coast Guard certifications or approvals must be provided to the COUNTY at the Pre- Construction Meeting , 10 . 7 Environmental Protection Plan . The Environmental Plan shall include , but not be limited to , all of the requirements specified in Section 19 of these Technical and Environmental Specifications . 10 . 8 Vessel Operations Plan . The CONTRACTOR shall furnish a Vessel Operations Plan that details protocols and procedures for all water-based vessels , both motorized and non-powered , at the staging , transiting and work areas . This Plan shall also reference procedural means to be followed should mitigative reef materials become inadvertently displaced from the barge or vessel work surface prior to proper deployment in the Mitigation Area , should the crew encounter severe weather requiring anchoring of vessel (s ) in or near the Mitigation Area or adjacent nearshore waters , and intended procedures to be followed in the event that endangered species are noted in the Staging or Mitigation Areas . 10 . 9 Other Items as may be specified elsewhere in these Contract Documents . 11 . WORK PROGRESS SCHEDULE The Work Progress Schedule shall be in the form of a bar graph (Gantt Chart) showing the time allotted for each of the various work activities and the cumulative project . The TS-5 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS schedule shall show the various activities of work in sufficient detail to demonstrate that the CONTRACTOR has a reasonable and workable plan to complete the project within the contract period . The schedule shall show the order and interdependence of activities and the sequence in which the work is to be accomplished as planned by the CONTRACTOR. All activities shall be described so that the work is readily identifiable and the progress on each activity can be readily measured . Each activity shall show a beginning work date and the work duration . Activities shall include procurement time for materials and equipment, where they are appropriate and essential to the timely completion of the project. The list of activities shall include milestones , when required by the Plans or the Contract Documents , The Gantt chart shall also identify the beginning and end of Marine Turtle Nesting Season . The schedule will be reviewed by the COUNTY prior to the start of construction and will become part of the Contract Documents . If the schedule submitted is determined to be inadequate by the COUNTY, it will be returned to the CONTRACTOR for correction . The CONTRACTOR shall have five (5 ) calendar days from the date of transmittal of the document to the CONTRACTOR by the COUNTY to submit a corrected schedule . When accepted , this schedule will constitute the baseline against which progress will be measured . The CONTRACTOR shall submit an updated Work Progress Schedule when requested by the COUNTY. If revisions are required to the working schedule , the CONTRACTOR shall furnish revised bar graphs (Gantt Chart) and schedule within five (5 ) calendar days subsequent to notification by the COUNTY. Failure to finalize either the initial or a revised Work Progress Schedule in the time specified will result in the withholding of all contract payments until the Work Progress Schedule is accepted by the COUNTY. 12 . MATERIALS REQUIRED Two types of mitigation reef shall be constructed ; High Relief High Complexity (HRHC ) (Section 17 . 11 ) and Low Relief Low Complexity ( LRLC) (Section 17 . 12 ) . Materials to construct the High Relief High Complexity ( HRHC ) and the Low Relief Low Complexity ( LRLC ) reef shall consist of limestone or coquina boulders as shown in the Plans . Material should be inspected prior to loading onto trucks or work barges and should be clean , free of excessive soil , plant material , steel , or other pollutants or protruding material . If washing of material is necessary to remove excess debris from the limestone or coquina boulders , washing of material shall occur prior to material loading onto trucks for initial weighing . As needed , additional washing at the staging area shall take place prior to loading onto barges to ensure clean material . CONTRACTOR shall be responsible for retaining all wash water on -site per Section 19 . 5 . 1 . 12 . 1 Contract Material . All material shall consist of limestone or coquina boulders comprised of natural limestone or coquina . Material shall be hard , dense , and durable , and within specified limits of size . Material shall have a minimum unit weight of 135 Ibs/ft3. All material shall be roughly angular, free of cracks , soft seams , and other TS-6 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS structural defects . Each stone must have a minimum diameter of at least 2 . 5 feet and have a maximum diameter of no greater than 5 feet. Due to unavoidable damage from handling , a maximum of 5% of the boulder material can be less than these dimensions provided it is a minimum of 200 pounds . To ensure a minimum 6-foot navigation depth at low water, no boulder material greater than 6 feet in diameter will be acceptable . Material placement practices for the construction of the HRHC and LRLC reef structures are detailed in Section 17 of these Technical and Environmental Specifications , 12 .2 Contract Quantities . Potential bidders are advised that reef material quantities may be modified by the COUNTY. Payment for modified quantities shall be in accordance with Section 17 . 3 of these Technical and Environmental Specifications . 13 . PRIMARY EQUIPMENT REQUIRED 13 . 1 Tug , barge(s) , and crew. For all work offshore , the CONTRACTOR shall provide a tug and ABS load-line barge (s ) with current certificates of inspection capable of handling such wind , weather, and sea conditions that are typical for east coast of Florida . The tug , and/or the CONTRACTOR'S other support vessel (s) accompanying the tug , shall be equipped with an electronic depth sounder capable of measuring the height of the finished reef and the depth of the project site to an accuracy in accordance with USACE HYDROGRAPHIC SURVEYING document number EM 1110-2- 1003 dated October 1994 ( updated January 1 , 2003) and a real-time Differential Global Positioning System able to navigate to a specific site and record final locations of each load of materials placed . The project horizontal control shall be referenced to the North American Datum (NAD '27 ) , Florida State Plane , East Zone ; and the project vertical datum shall be referenced to the National Geodetic Vertical Datum ( NGVD '29) , unless referred to otherwise herein and on the plans . The barge (s ) shall be capable of spudding or anchoring for work in nearshore waters . The barge (s ) , tug , and the crew shall be licensed and approved by the U . S . Coast Guard for the scope of work required . The CONTRACTOR shall have an operational VHF radio or cell phone on the tug and/or other support vessel (s ) to maintain communication with COUNTY representatives during deployment operations . The tug , barge , and all other equipment used must feature sufficiently shallow drafts to avoid any contact whatsoever with exposed and/or Ephemeral Hardbottom in the Project Area , regardless of tides and sea conditions . Furthermore , in order to protect the exposed and/or Ephemeral Hardbottom features , any anchoring must be made utilizing floating polypropylene mooring lines of sufficient length and strength , and in such a manner to entirely eliminate any contact between the mooring lines and the exposed and/or Ephemeral Hardbottom . All cable shall be kept in good condition at all times during vessel operations , including transiting and particularly during approach to and operation within the Mitigation Area . Any and all breaks and other damage of any nature whatsoever shall be promptly repaired to avoid vessel and/or equipment drift and subsequent potential damage to TS-7 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS adjacent resources , endangered species , or fiber optic cables . Adequate floating cable scope shall be provided to allow maneuverability in the work area , and all cable shall be of the type that will float unaided and shall be capable of withstanding the forces of the sea-states to which they shall be exposed during approach , staging , placement and transiting as deemed necessary by CONTRACTOR to ensure safe and efficient operations . 13 .2 Heavy Equipment and Personnel . The CONTRACTOR shall provide all of the supervision , labor, and equipment necessary for loading and trucking the reef construction materials (except those otherwise specified ) from their respective source sites to the staging area , barging the materials to the Mitigation Area and off-loading and precise placement of materials to create the HRHC and LRLC mitigation reefs and rock enhancements as more fully described in these Technical and Environmental Specifications and in the Plans . 13 . 3 Divers . The nature of the construction of this Project, potentially limited visibility at the Mitigation Area , the need to complete the Project in a timely manner, and safety concerns require that any and all divers utilized by the CONTRACTOR shall be properly equipped and sufficiently familiar with directing heavy equipment and placement of materials from both the surface and underwater. Any and all divers must be equipped with impact helmets and functioning 2-way communication , and must be in constant verbal communication with the on-barge supervisor; this supervisor must have immediate communications and supervision over operations of the crane or any other equipment as necessary to ensure diver safety and successful project construction . Additionally, the immediate supervisor in charge of the divers shall be able to directly communicate to emergency services if necessary. 14 . STAGING AREA The CONTRACTOR shall provide a staging area of size , location , and accessibility suitable for use on the Project. The anticipated staging area , as identified in the construction plans , is the Port of Ft . Pierce (also known as Ft. Pierce Inlet) . The staging area shall be subject to prior approval by the COUNTY. Payment for all costs incurred by the CONTRACTOR for providing the staging area shall be included in the Lump Sum Bid Item — Staging Area . Permits and permissions for use of the CONTRACTOR-designated staging area shall be obtained by the CONTRACTOR and shall be available to the COUNTY for review. 15 . INSPECTION NOTIFICATION The CONTRACTOR shall notify the COUNTY, by telephone or electronic mail , regarding the time and date of the following events , a minimum of three (3 ) days prior to each event : a . Mobilization of equipment/material to the staging area ; b . Completion of rock placements in the Mitigation Area ; and c . Post-construction site survey. TS-8 INDIAN RIVER COUNTY MITIGATION REEF PROJECT 0 TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 16 . PERMITS Copies of Permits are provided in Appendices A and B of these Technical and Environmental Specifications . The CONTRACTOR shall abide by all notes , conditions , and specifications indicated in the Plans , Permits , and Specifications . If the CONTRACTOR violates any condition of any permit or work is stopped by the COUNTY or any regulatory entity at the staging area or on the water for any reason , including for conditions such as excessive noise , any additional costs incurred by the CONTRACTOR, including fines or litigation , shall be the responsibility of CONTRACTOR at no additional cost to the COUNTY. Any delay caused by such lawful stoppage shall not excuse the CONTRACTOR from liability for liquidated damages should such stoppage cause or contribute to the CONTRACTOR being declared delinquent or in default of the Contract. 17 . MITIGATIVE REEF CONSTRUCTION — GENERAL 17 . 1 Site Markers and Construction Area . Natural reefs (defined as exposed and/or Ephemeral Hardbottom ) lie exposed or beneath a shallow sand layer within close proximity to the construction site . All known areas of exposed and/or Ephemeral Hardbottom habitat are shown on the construction plans . Widespread exposed and/or Ephemeral Hardbottom is known to occur both north and south of the Mitigation Area . In addition , in some areas drifting sand may have exposed rock/hardbottom/natural reef structure that is not identified on these or other drawings . It is the responsibility of the CONTRACTOR to determine locations of the exposed and/or Ephemeral or shallow hardbottom within his/her work and anchoring areas , and to avoid damage to these features . Exposed , buried and/or Ephemeral hardbottom may limit available anchoring methods . In order to protect the rock/hardbottom/natural reef structure , no anchoring or spudding shall take place on existing rock that is exposed and/or buried under shallow sand . The CONTRACTOR shall remain outside of any areas of exposed and/or Ephemeral Hardbottom . The CONTRACTOR shall place and maintain a minimum of seven buoys along the southern terminus of the Cable Avoidance Buffer Area/Northern Limit of the Work Area , at the coordinate locations identified on the Plans , for the duration of Mitigation Area construction . No material shall be placed within the Cable Avoidance Buffer Area or outside of the designated limits of the Mitigation Area as specified in the Plans . The Mitigation Area Coordinate Table , presented on the Plans , identifies designated corner location coordinates for the mitigation area transition areas associated with the reef placement. At a minimum , the CONTRACTOR shall establish temporary buoys at these locations during deployment using Differential Global Positioning System ( DGPS ) with sub-meter accuracy. 17 .2 Sand on Barge . Only clean sand , as designated by the COUNTY, shall be used to protect the deck of the barge during construction and under no circumstances shall the sand be allowed to enter the water. Additionally , the CONTRACTOR shall be TS-9 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS responsible for misplaced material per Section 27 and Turbidity Control per Section 19 . 5 of these Technical Specifications . 17 .3 Modifications . Reef design and extent , as identified in the construction plans , may be field adjusted by the COUNTY. The CONTRACTOR shall be agreeable to design modifications , provided that the modifications do not substantially alter the forms of the Mitigation Area indicated in the Plans or change total placement tonnage by greater than 15% , all unit costs indicated on the bid form shall applicable to the altered placement tonnage . 17 .4 Drop Tests . Shore-based material drop tests will be required to ensure the structural integrity of the material being used in the construction of the mitigation site and to ensure that the material can withstand a drop onto a hard surface without substantial fracturing or cracking . Prior to the beginning of construction , a total of five (5 ) drop tests shall be performed either at the quarry stone source or at the staging area . Following the placement of 10 , 000 tons of stone , three (3 ) additional drop tests shall be preformed with an additional three (3) drop tests performed following the placement of each additional 10 , 000 tons of stone (that is , three tests each at the 20 , 000 ton and 30 , 000 ton placement interval ) . Each stone tested shall conform to the material requirements outlined in these Technical and Environmental Specifications . Stones shall be dropped from a minimum height of eight (8 ) feet onto a 1 -inch thick steel plate placed on a firm , level surface . Additional drop tests of specific stones may be requested by the ENGINEER. The ENGINEER and the COUNTY must be notified in writing at least 24 hours prior to the performance of each drop test , and either the ENGINEER or the COUNTY must be present for each such testing for visual inspection of the dropped units . The ENGINEER shall determine whether any resulting cracks or fragmentation is substantial enough to warrant rejection of the selected unit(s ) and/or whether additional tests on stones are necessary. The ENGINEER shall provide the CONTRACTOR with written approval or rejection of the stone based on the results of the tests . All required safety precautions shall be taken to ensure the safety of CONTRACTORS personnel and all ENGINEER and COUNTY personnel individuals within the drop test area . 17 . 5 Site Conditions , Hardbottom : Bottom elevations in the mitigation reef placement area range from - 13 feet NGVD (- 14 .44 feet MLW ) to - 18 feet NGVD (- 19 .44 feet MLW ) . Sand bars located offshore of the reef site may be present that are shallower than the reef site , and may limit access of deep draft vessels and barges . Natural reefs lie within close proximity to the construction site , especially north and south of the mitigation area . It is the responsibility of the CONTRACTOR to determine locations of exposed and/or Ephemeral Hardbottom within anchoring and Work Areas , and to avoid damage to these features . Exposed , Ephemeral and/or buried hardbottom may limit available options or locations for anchoring or positioning a barge to offload rock . No anchoring or spudding shall take place on existing or mitigative hardbottom . Due to the ephemeral nature of much of the hardbottom in the area , the CONTRACTOR must take care not to damage TS- 10 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS any recently exposed or Ephemeral Hardbottom not identified on the Plans . Any damage to the hardbottom during operations is the sole responsibility of the CONTRACTOR . 17 . 5 . 1 Cables : Several transcontinental fiber optic cables are present in the vicinity of the Work Area . A Cable Avoidance Buffer Area has been established around these cables to avoid damage to the cables by vessels , cable/anchor drags , or reef materials . The CONTRACTOR shall remain outside of this Cable Avoidance Buffer Area at all times and shall not allow vessels , equipment , materials , or anchors to encroach on this Area . Any damage to the cables during operations attributable to non-compliance by the CONTRACTOR is the sole responsibility of the CONTRACTOR . Any such damage shall be reported at once to COUNTY and ENGINEER , so that the appropriate parties can be notified . 17 . 6 Undersized Rock. Each stone must have a minimum diameter of at least 2. 5 feet and have a maximum diameter of no greater than 5 feet. Due to unavoidable damage from handling , a maximum of 5 % of the boulder material can be less than these dimensions , provided such material is a minimum of 200 pounds and is placed/secured within a given rock pile that would render it immoveable by wave action subsequent to placement . 17 .7 Notification . The CONTRACTOR shall notify the COUNTY at least 24 hours prior to the time of each departure of the barge and material to the reef placement sites ( Mitigation Area ) . 17 . 8 On -Site County Supervision . Under no circumstances shall rock be placed in the water without the on-site COUNTY representative 's acceptance of the barge 's final moored position . The CONTRACTOR shall receive a verbal authorization from the COUNTY prior to off-loading any rock and shall remain on-site until released by the COUNTY. Precise positioning of the barge is required in order to avoid any impacts from rock into existing artificial or natural reef structures . Off-loading of rock may be stopped at any time by the COUNTY in order to make an inspection dive to check placement of the rock or to require repositioning of the barge due to other factors . The COUNTY, the FDEP , the USACE and additional personnel shall be allowed access to the materials barge and work vessels , at the request of the COUNTY. All costs due to this supervision shall be included in the unit cost for material and placement. 17 . 9 Rock Deployment . The barge shall be appropriately stabilized , according to all applicable rules and standards , prior to the deployment of rock in the Mitigation Area . Material placement shall be observed by the CONTRACTOR ' S divers and monitored by the COUNTY to ensure correct placement to the satisfaction of the COUNTY, that the rock is placed as required . The CONTRACTOR shall ensure to the satisfaction of the COUNTY that the CONTRACTOR ' S method of deployment will ensure placement as shown in the plans . Wind and currents may change quickly offshore ; therefore , the deployment of rock may be stopped at any time , as often as required by the COUNTY, to confirm correct placement of the rock by the CONTRACTOR ' S diver, or by other means , as deemed suitable by the COUNTY under the prevailing conditions . No rock shall be placed without TS- 11 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS consent of the COUNTY'S representative . The CONTRACTOR shall not be paid for any material placed outside the designated locations or not in accordance with these Technical and Environmental Specifications . 17 . 10 Minimum Clearance . The top of placed rock shall not be above -6 feet relative to Mean Lower Low Water ( MLLW ) or —7 .65 ft NGVD , in accordance with conditions of the Permits . 17 . 11 High Relief High Complexity ( HRHC) . As indicated in the plans , the HRHC reef shall have a vertical relief of between 3 feet and 6 feet above the bottom and boulders will in some areas be stacked with overlapping for interlocking of individual stones. The Mitigation Area footprint will contain approximately 20% open sand surface , designated in the Plans and construction drawings as the 120-foot by 10-foot rectangular spaces located between the 120400t by 50-foot reef units . The boulders used in the construction of the HRHC reef shall be placed such that individual boulders have multiple points of contact with other stones , contacting all adjacent stones to the greatest degree possible . There shall be height variation across the structure . The most seaward and landward portions of each 120-foot by 50-foot reef rectangle ( i . e . , the complete outside perimeter of the combined HRHC rectangular reef structures ) shall have a high structure with the maximum allowed vertical from the bottom of the adjacent (sand ) bed . The seaward "crest" of the HRHC mitigation area shall be at least two stones in vertical relief for stability. The landward and seaward portions of the structure shall have a1 : 3 slope off of the bed for stability. The outside perimeter of the HRHC mitigation area shall have a high relief as compared to portions of the structure toward the center, which shall vary between the lowest acceptable vertical relief (34eet) and the highest acceptable vertical relief (6-feet) , and shall include portions where the vertical relief is between these limits . The center portion of the Mitigation Reef Area shall consist of one layer, two layers , and three layers of stones in an equal proportion within each individual 120-foot by 50-foot rectangle to create the desired complexity. If an equal proportion of high relief and low relief structure is not present within the reef units , such that the CONTRACTOR is found to be placing an unequal proportion of one layer rock or three layer rock , the COUNTY may require the CONTRACTOR to adjust the proportions of the placed rock vertical relief. Layered stones shall overlap and interlock with surrounding stones to the highest degree possible to ensure stability of the reef. A total of 4 . 96 acres of HRHC reef shall be constructed as shown in the Plans . Additionally , material shall be placed in accordance with Section 18 of these Technical and Environmental Specifications . TS- 12 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 17. 12 Low Relief Low Complexity ( LRLC) . As indicated in the plans , the LRLC reef shall be comprised of a single layer of stone . Boulders shall touch one another to the greatest degree possible but shall not be stacked on top of one another. The reef footprint will contain approximately 20% open sand surface , designated in the Plans and Construction Drawings as the 120400t by 10-foot rectangular spaces between the 120- foot by 50400t reef units . A total of 0 . 28 acres of LRLC reef shall be constructed as shown in the Plans . 17 . 13 Minimum Coverage . To ensure that the reefs are constructed and deployed as shown in the Plans and that sufficient rock is available to allow (at a minimum ) a single layer of rock (for the 0 . 28 acres of LRLC reef) with a vertical relief of 1 foot to 2 feet above the bed and 4 . 96 acres of HRHC reef with a vertical range to vary between 3 feet and 6 feet from the surface of the bed , the CONTRACTOR shall observe the following procedures : a . The CONTRACTOR shall place marker buoys at each end of the reefs to be constructed . The Mitigation Area Coordinate Table , identified on the construction Plans , has designated corner locations for transition areas associated with reef placement. The CONTRACTOR shall provide a means of precisely stabilizing the barge while the rock is off-loaded . At a minimum , the CONTRACTOR shall establish temporary buoys during deployment using DGPS with sub-meter accuracy. b . If the barge is to be moored , the CONTRACTOR 'S divers shall attach construction buoys , easily visible to the tug operator, at the marked locations and determine the suitability of the location to withstand the strain of the barge mooring lines . If the CONTRACTOR'S indicated point is not deemed suitable for attaching the mooring lines , the CONTRACTOR ' S divers shall select the nearest suitable alternate mooring point. 17 . 14 Turbidity Concerns . The CONTRACTOR shall use whatever special equipment or methodology is necessary to load the reef materials on the barge and place the materials at the site in a manner to avoid picking up quantities of sand or silts that may cause turbidity violations . The CONTRACTOR shall ensure that all employees involved in loading and placing rock in the water understand the causes of turbidity and the maximum level of turbidity allowed in the Project Area , A COUNTY and/or state representative may be on-site while rock is being placed in the water to measure turbidities and shall vigorously enforce this requirement . If the CONTRACTOR violates any condition of any Permit or work is stopped by any public entity, any additional costs incurred by the COUNTY, including any fines , shall be paid by the CONTRACTOR at no additional cost to the COUNTY. 18 . 17 Varied On -site Conditions . Precise placement of all materials is critical to the success of the project . Visibility at the site may be limited and tidal currents can be strong , complicating construction . The CONTRACTOR shall provide any and all personnel and equipment and employ whatever methodology necessary and acceptable TS- 13 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS by the COUNTY to construct the reef, as required , in a safe and environmentally sound manner. 18 . 17 Fiber Optic Cables . A cable avoidance buffer zone located north of the construction Mitigation Area has been established with the intent of prohibiting CONTRACTOR access in the area of all known AT&T fiber optic cables in the vicinity. The area is identified as Cable Avoidance Buffer Area on Sheets 1 , 2 and 4 of the Construction Plans . UNDER NO CIRCUMSTANCES shall the CONTRACTOR or Subcontractors work or anchor within the Cable Avoidance Buffer Area . Any damage done to fiber optic cables or any devices buried or unburied within this avoidance area by CONTRACTOR or Subcontractor equipment, materials or personnel shall be the sole responsibility of the CONTRACTOR . The COUNTY and the ENGINEER shall not be held liable in any way for damages to cables or devices within this area . All fines or fees incurred within or related to the Cable Avoidance Buffer Area shall be the sole responsibility of the CONTRACTOR . 17 . 17 Nearshore Exposed Hardbottom . In an effort to minimize the impacts to nearshore hardbottom , an area of known exposed hardbottom has been identified on Sheets 1 , 2 and 4 of the construction plans . The CONTRACTOR and all Subcontractors shall not work or anchor within these areas . Any applicable fines or fees resulting from CONTRACTOR activity within these areas shall be the sole responsibility of the contractor. Due to the ephemeral nature of the hardbottom in the area the CONTRACTOR must take care not to damage any recently exposed and/or Ephemeral Hardbottom not identified on the plans — this exposed and/or Ephemeral Hardbottom may be located anywhere within or adjacent to the Project Area . The CONTRACTOR shall be held responsible for damage done to the existing exposed and/or Ephemeral Hardbottom by the CONTRACTOR or Sub-contractors . 17 . 18 County Acceptance . Following reef construction , inspection and acceptance of the constructed Mitigation Area by the COUNTY, the CONTRACTOR shall remove any and all mooring lines and construction buoys . 18 . MATERIAL PLACEMENT The Contractor shall place individual material units consisting of limestone or coquina boulders of irregular shape as shown in the Plans . The total acreage of artificial reef is approximately 5 . 24 acres , which will simulate existing conditions of the reef areas that are being replaced by construction of the Mitigation Area . Reef material shall be placed such that 120-foot (length ) by 50-foot (width ) rectangles are constructed and such that the rectangles are oriented in the shore perpendicular position , as indicated in the Construction Plans . The spaces between each of the rectangles shall be 10 feet in width and 120 feet in length , also oriented in the shore perpendicular position . A total of 36 High Relief High Complexity rectangular units and 2 Low Relief Low Complexity rectangular units shall be constructed . Each individual material limestone or coquina boulder ( stone ) shall be placed with its long axis perpendicular to the shoreline for stability . Each individual material unit shall TS- 14 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS have multiple points of contact with other stones within the placement area , touching all adjacent neighbors to the highest degree possible . The High Relief High Complexity ( 120400t x 50-foot) reef units shall have a total vertical relief ranging between 3 feet and 6 feet, with no more than 10% of the total planform area extending above 5 feet above the bottom and not more than 30% of the plan area to be a single layer of stone . The Low Relief Low Complexity ( 120-foot x 50-foot) reef units shall have a total vertical relief ranging between 1 feet and 2 feet, with no more than 10% of the total planform area extending more than 3 feet above the bottom . 19 . ENVIRONMENTAL PROTECTION PLAN 19 . 1 Avoidance of Protected Species . The CONTRACTOR shall avoid direct and indirect impacts to any threatened or endangered species , including manatees , sea turtles , and other marine mammals . Furthermore , the CONTRACTOR shall avoid direct and indirect impacts to existing artificial and natural reefs . Reef construction shall be limited to daylight hours only. Vessels , barges , and equipment shall be operated in a manner to avoid manatees and other endangered species . Operations shall immediately cease when endangered species are observed in the vicinity of operations within the Project Area ; at this time , the movements of the animals are to be continuously observed and documented by the CONTRACTOR. Operations shall not resume until the animals have moved a safe distance (a minimum of 200 feet) from the Work Area . The CONTRACTOR shall instruct all personnel associated with construction of the project about the presence of manatees in the vicinity of the staging area and the need to avoid collisions with these animals . Any collision with , or injury to , a manatee must be reported immediately to the Florida Fish and Wildlife Conservation Commission ( FWC) at ( 1 -888- 404- FWCC) and the COUNTY at (772-567-8000 , EXT. 1568 ) . All personnel should be advised there are civil and criminal penalties for harming , harassing , or killing endangered species or damaging reefs . 19 .2 Sea Turtle Protection and Monitoring . Endangered and threatened species of sea turtles are known to occur, particularly during and around the time of their nesting season ( March 1 through October 31 ) , in the Work Area for this project. The CONTRACTOR shall comply with all conditions of the Endangered Species Act of 1973 . There are civil and criminal penalties for harming , harassing or killing sea turtles . All incidental takes of sea turtles during dredging or construction operations must be reported immediately to the Florida Fish and Wildlife Conservation Commission ( FWC) at ( 1 -888-404- FWCC) and the COUNTY ( 772-567-8000 , EXT. 1568 ) . Upon locating dead or injured sea turtles the COUNTY and FWC should be notified . 19 . 3 Reef Protection and Monitoring . Hardbottom biological communities in the vicinity of the Work Area are to be STRICTLY AVOIDED by the CONTRACTOR during all mobilization , demobilization , reef placement, transit activities and idle . Known reef areas are specified in the Plans , however, the reef is ephemeral in nature and reef not specified on the plans may become exposed periodically . The CONTRACTOR shall avoid direct and indirect impacts to all exposed and/or Ephemeral Hardbottom and reef areas during all phases of the project . The CONTRACTOR shall be liable for any non - TS- 15 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS compliance with the conditions of the permits , easements and terms of this contract attributable to their personnel or Subcontractors . 19 .4 Navigation Concerns . All vessels shall operate at minimum speeds necessary to maintain steerage while operating in shallow waters or channels where the draft of the vessel provides less than 3 feet clearance from the bottom . The CONTRACTOR shall immediately stop work and notify the COUNTY and Florida Fish and Wildlife Conservation Commission ( FWC) of any collision with , or injury to , manatees or other endangered species or reef. No equipment shall be towed within one mile of the Project Area , or in water depths less than 25 feet MLW — rather, the barge and all other equipment are to be brought to the project site " on the hip" or otherwise directly connected to the tug . 19 . 5 Turbidity Control . 19 . 5 . 1 Containment . The CONTRACTOR shall provide adequate turbidity containment and control to prevent any turbidity violations from occurring due to stormwater runoff during storage of rocks and other materials at the staging area , placement of rocks and other materials at the reef construction sites , and during all other project operations . Washing will be required for the material to be sufficiently clean to avoid creating turbidity problems , particularly any material that has been covered with dirt and vegetation . The CONTRACTOR shall clean the material at the source sites in order to avoid turbidity impacts at the staging area and reef construction sites . If it becomes necessary to re-wash any of the material at the staging area , the CONTRACTOR , upon receiving acceptance from the COUNTY, shall be responsible for retaining all washwater on-site . The CONTRACTOR is responsible for placing only clean limestone or coquina free of debris or other foreign matter, within the Mitigation Area . 19 . 5 .2 Monitoring . The CONTRACTOR shall be responsible for monitoring of and compliance with State and Federal Permits conditions regarding turbidity levels . If turbidity levels approach 29 NTUs above background , the construction operations or staging site operations shall be modified , at the CONTRACTOR'S expense , to maintain compliance . 19 . 5 .3 Turbidity Non -Compliance . In the event of any and all noncompliance , (29 NTUs above background ) , the CONTRACTOR SHALL IMMEDIATELY CEASE activities causing turbidity , notify the COUNTY , and repeat the sampling and analyses until the turbidity has returned to acceptance levels . All reporting to the Florida Department of Environmental Protection ( FDEP ) shall be provided by the COUNTY. The CONTRACTOR shall be liable for any non -compliance with the conditions of the Permits and terms of this Contract attributable to their personnel and/or Subcontractors . 19 . 5 . 4 Permits , Easements , and Contract Non -Compliance . The CONTRACTOR shall immediately notify the COUNTY of any non -compliance with the Permits , easements or terms and conditions of this Contract including the CONTRACTOR ' S Environmental Protection Plan . Any non -compliance noted TS- 16 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS by the COUNTY shall be brought to the attention of the CONTRACTOR and the appropriate regulatory agencies will be notified . The regulatory agency will determine the action to be taken and the COUNTY will notify the CONTRACTOR. Such actions may include discontinuing construction of the Project until the CONTRACTOR complies with the Environmental Protection Plan . The CONTRACTOR shall comply, and shall require all Subcontractors to comply, with all applicable Federal , State or local laws or regulations , Permits , easements and all elements of the Environmental Protection Plan . The CONTRACTOR shall be liable for any actions or delays resulting from any violation or non-compliance with the conditions of the Permits , easements and terms of this Contract attributable to their personnel and/or Subcontractors . 20 . DAILY REPORTS The CONTRACTOR shall prepare Daily Reports . The reports shall include all work activity, weather conditions , personnel , materials , and on-site equipment. The CONTRACTOR shall use a Daily Report Form that has been presented to and approved by the COUNTY in the Pre-Construction Meeting , The CONTRACTOR shall submit Daily Reports each day by 12 : 00 pm to the COUNTY in electronic format, with signed hard copies of the Daily Reports submitted to the COUNTY weekly. 21 . PAYMENT The Contract contains both Unit Price and Lump Sum items . As such , the intent of the Contract is to include all labor, materials , transportation equipment , fuel and all other items necessary to complete each item of work as detailed in the Plans and in these Technical and Environmental Specifications , in either the Unit Price or the Lump Sum bid for that item . All items incidental to or necessary for, completion of each bid item shall be included in the Unit Price or the Lump Sum price for that item . Payment for Mobilization / Demobilization is covered as a separate bid item under Section 22 . During the project, the CONTRACTOR shall prepare and submit to the COUNTY one original invoice and schedule of values worksheet for all work completed for one month periods to the extent of work days specified in the Contract. The CONTRACTOR may not submit more than one pay request per month . Unless otherwise specified , partial payments for Lump Sum items of work shall be based upon the percent of the items of work actually completed . The COUNTY shall pay the CONTRACTOR for all materials and labor according to the Unit Prices and Lump Sum prices indicated on the Bid Proposal . The COUNTY shall compute or verify all quantities of materials used in computing payments to the CONTRACTOR . Monthly progress payments shall be based on the tonnage of material placed at reef sites , according to the placement guidelines outlined in the plans and the Technical and Environmental Specifications , as estimated by the COUNTY. The COUNTY shall not compensate the CONTRACTOR for partial construction of a reef, i . e . , purchase and trucking of material to the staging site . Progress payments shall be subject to retainage as described in the General Conditions . TS- 17 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 21 . 1 Material Quantity Certification The CONTRACTOR shall be responsible for obtaining and submitting certified weight tickets for all truck-hauled material to be used in the construction of the mitigative reefs . Certified weight tickets shall be clear and legible and shall include empty and loaded truck weights . Certification shall be made by a certified , independent weighing station with weight measurements occurring not more than 100 miles apart. The CONTRACTOR shall be responsible for collecting all weight tickets and shall submit copies of the tickets , with the daily reports to the COUNTY. Separate copies of all weight tickets associated with each payment requests shall be submitted by the CONTRACTOR prior to payment by the COUNTY. Material deemed unacceptable by the COUNTY for project construction shall not be included in any payment request. 21 . 2 Completed Reef Certification As depicted in the plans , there are 36 HRHC and 2 LRLC reefs to be constructed . Certification of completion for each reef must be made by the COUNTY prior to payment request for completed work by the CONTRACTOR . Certification shall be in the form of a diver inspection approved by the COUNTY to meet project specifications . A summary of each certified complete reef section must be provided with each related payment request . Reef sections shall be referenced by CONTRACTOR as (e . g . ) HRHC1 , for the northern most High Relief High Complexity reef unit, with a numerical progression from north to south to " reference" each of the thirty-six (36 ) HRHC and two (2 ) LRLC units in subsequent pay requests . 21 .3 Material Unit Price The CONTRACTOR shall provide a unit price bid that is competitive with other unit cost projects similar in nature . Placed Material costs will be estimated on a cost per unit basis with Placed Material quantities not exceeding 50 , 000 tons total for the entire project area , including approved completion of all 36 HRHC and 2 LRLC units as specified in the Plans and these Technical and Environmental Specifications . Approved sections , following the requirements set forth in the Plans and these Technical and Environmental Specifications , shall be eligible for payment by the COUNTY. No payment shall be made for material placed in excess of 50 , 000 tons . 22 . PAYMENT FOR MOBILIZATION / DEMOBILIZATION 22 . 1 Description . The work specified in this Section for mobilization consists of the operations and preparatory work for mobilizing prior to beginning initial work on the project including , but not limited to , those operations necessary for the movement of personnel , equipment , supplies , preparation of material and equipment , and movement of incidentals to the project site , and for the establishment of traffic control , safety equipment and first aid supplies , sanitary and other facilities , as required by the Plans and Environmental and Technical Specifications , the Special Provisions , the General Conditions and State and local laws and regulations . TS- 18 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS The work specified in this Section for demobilization consists of the removal of all equipment, materials and other operational items , as well as the restoration of any areas used during mobilization and construction to their pre-project conditions . The COUNTY will determine whether the CONTRACTOR has fulfilled the demobilization obligations . The costs of bonds , any required insurance , and any other pre-construction expense necessary for the start of the work , excluding the cost of construction materials , shall also be included in this Section . 22 .2 Partial Payments . When the Proposal includes a separate pay item for mobilization , partial payments will be made in accordance with the following : Percent of Approved Percent of Lump Sum Price for Construction Completed Mobilization / Demobilization 10 25 50 90* - 10% Held for Demobilization . Payment for demobilization shall be made as a lump sum equal to 10% of the contract bid amount for mobilization / demobilization and shall be issued upon acceptance of the demobilization conditions by the COUNTY. 23 . NAVIGATION AND OBSTRUCTION OF CHANNELS The CONTRACTOR shall operate in full compliance with all pertinent U . S . Coast Guard regulations and conduct the work in a manner to minimize any obstruction to navigation within the Work Area . Construction operations will occur between April 1 , 2004 and December 31 , 2004 offshore of Indian River County as necessary to complete construction . Marine traffic related to construction operations will be frequently navigating between Ft . Pierce Inlet and up to 11 . 4 miles north and 0 . 5 miles offshore of the inlet during daytime operations . Mariners should contact Butch Horgal , Harbormaster of the Port of Ft . Pierce , at (772 ) 464- 1560 or (772 ) 971 -7045 (mobile ) , or Coast Guard Station Ft. Pierce on VHF Channel 16 for safety and maneuvering information . Mariners are advised to use extreme caution while transiting this area . The CONTRACTOR shall publish a Notice to Mariners upon securing the staging area and CONTRACTOR-intended transiting route for the mitigative reef units and water- based platforms utilized for material conveyance from the staging to placement area . CONTRACTOR shall indicate in the Notice to Mariners the anticipated start date and duration of the activities associated with the execution of this Project . 24 . QUALITY ASSURANCE PLAN The CONTRACTOR shall be responsible for Quality Assurance ( QA) and shall provide and maintain an effective Quality Assurance program . TS- 19 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 24 . 1 Inspection , The CONTRACTOR shall establish a Quality Assurance program to perform sufficient inspections and tests of all items of work , including that of any Subcontractors , and to ensure performance according to the Plans and applicable Specifications with respect to the materials , transportation , and construction . This control will be established for all construction except where the Contract Documents provide for specific COUNTY control by inspections , tests , or other means . 24.2 Compliance . The CONTRACTOR ' S Quality Assurance program shall provide the necessary data to assure the COUNTY that the construction complies with all requirements of the Contract Documents . The controls shall be adequate to cover all construction operations and shall be keyed to the proposed construction sequence . 24.3 Time of Submittal . Within twenty (20) days after receipt of the " Notice of Award" and no more than 10 days before the Pre-Construction Meeting , the CONTRACTOR shall furnish to the COUNTY a written Quality Assurance Plan that shall include the procedures for implementation of the QA plan and reporting . 24.4 Meeting . After the Contract is awarded and before construction operations begin , the CONTRACTOR shall meet with the COUNTY, at the COUNTY offices , to discuss Quality Assurance requirements . This shall be referred to as a Pre-Construction Meeting , as described in Section 9 of these Technical and Environmental Specifications . The meeting shall develop a mutual understanding relative to details of the program , including the interrelationship of the CONTRACTOR and the COUNTY. 24 . 5 Modification to Plan . If recurring deficiencies in an item or items indicate that the Quality Assurance system is not adequate , the CONTRACTOR shall undertake such corrective actions as directed by the COUNTY. 25 . SAFETY PLAN The CONTRACTOR shall specify all safety inspection procedures and designate personnel responsible for supervising accident prevention activities and insuring compliance with all safety measures . At the Pre-Construction Meeting , the CONTRACTOR shall submit to the COUNTY a Safety Plan , The Safety Plan shall include , but not be limited to , the following : 25 . 1 Letter of Appointment . Letter shall designate a Safety Officer(s ) , describing responsibilities , providing qualifications and delineating the line of authority and organizational reporting requirements of the Safety Officer(s ) . 25 . 2 OSHA Standards . The CONTRACTOR shall review the Corps of Engineers Manual, General Safety Requirements EM-385- 1 - 1 , dated 1996 and the latest Occupational Safety and Hazard Agency (OSHA) standards and become fully knowledgeable of the personal protective equipment that must be provided to and used by workers and the safety standards applicable to the prevention of accidents during construction of this project. The CONTRACTOR , Subcontractors and all crew shall comply with all applicable standards and provisions . TS-20 INDIAN RIVER COUNTY MITIGATION REEF PROJECT 0 TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 25. 3 Medical Emergencies . The criteria for designating a medical emergency and the procedures to be followed shall be specified by the CONTRACTOR. These procedures shall include local information relative to emergency treatment facilities and methods of transporting personnel if necessary. 25.4 Hurricanes and Severe Storms . The CONTRACTOR shall monitor the NOAA marine weather broadcasts and other local commercial weather forecasting services during construction operations . The CONTRACTOR shall notify the COUNTY, at the time , of any decision to move equipment in preparation for potential storms . The CONTRACTOR shall be responsible for identifying an appropriate safe harbor. The Port of Fort Pierce has been designated as the most proximate sheltered harbor. The Port of Fort Pierce is located approximately 12 nautical miles to the south from the center of the project area . The CONTRACTOR shall include the following information in the Hurricane and Severe Storm procedures section of the Safety Plan to be provided by the CONTRACTOR to the COUNTY: 25.4. 1 Weather Conditions for Terminating Operations . The CONTRACTOR shall provide a list of the equipment scheduled for use on this project and specify the conditions (e .g . wind speed , wave height, etc. ) under which operations will be terminated and equipment will be secured and the methods for securing this equipment. 25 .4.2 Prioritized Methods for Storm Preparations . The CONTRACTOR shall provide a prioritized list of actions to be taken in the event of a Severe Storm and the list of personnel assigned to each action . The CONTRACTOR shall specify how each piece of equipment will be secured in place or moved to a safe harbor including the details of all required equipment (e . g . tugs : size , capacity, number; work boats : size , capacity, number; storm anchors : type , size , number; chain or line : size , lengths , etc. ) . 25 .4.3 Personnel Evacuation . The CONTRACTOR shall provide a Plan for evacuation of personnel including responsibilities of individuals prior to evacuation , methods of transportation , alternate accommodations , etc. 25 .4.4 Emergency Response for Equipment Failure . The CONTRACTOR shall specify Emergency Operating Procedures to be implemented in the event of mooring equipment failures during sudden and severe adverse weather or any other conditions . These procedures shall include actions to be taken in response to loss of a spud (s ) , swing wires , anchors , or other mooring equipment or facilities . 25 . 5 Fire Extinguishers , The CONTRACTOR is specifically required to provide a Fire Extinguisher on all mobile construction equipment with a basic minimum extinguisher rating of 20-B : C ; which is equivalent to a 10- 15 pound dry chemical extinguisher, which is compatible to the potential fire hazard (s ) , including combustible materials , flammable liquids and materials used in areas remote to other fire extinguisher equipment . TS-21 INDIAN RIVER COUNTY MITIGATION REEF PROJECT is TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS 256 Accident Prevention Plan . The CONTRACTOR is required to submit to the COUNTY an Accident Prevention Plan ten ( 10 ) days after the Notice of Award and prior to the pre-construction meeting . The Accident Prevention Plan must be in accordance with all Federal safety standards as specified in EM 395- 1 - 1 , dated September 1996 , entitled " Safety and Health Requirements Manual . " Submission of the Plan does not constitute an endorsement on the part of the COUNTY or ENGINEER of the CONTRACTOR ' S Accident Prevention Plan . The Plan is intended to provide a method by which the CONTRACTOR demonstrates an awareness of Federal safety standards . 26 . SUPERINTENDENT The CONTRACTOR shall designate , in writing , to the COUNTY, qualified Superintendent(s ) to receive instructions from the COUNTY. The written designation of a Superintendent(s ) shall include all contact information necessary for the COUNTY to contact the Superintendent(s) 24 hours a day, including information regarding land-line phone numbers , cell phone numbers , pager numbers , e-mail addresses , and VHF radio call signs and working frequencies . Any and all instructions , advisements of non- compliance , or corrective actions relayed by the COUNTY, once received by the CONTRACTOR' S Superintendent(s) , shall be legally binding on the CONTRACTOR pursuant to the Contract Documents . At least one Superintendent of the CONTRACTOR shall be on-site and available to the COUNTY at all times during project construction . 27 . MISPLACED MATERIAL Should the CONTRACTOR, during the progress of the work, lose , dump , throw overboard , sink , or misplace any material or machinery, which in the opinion of the COUNTY should be removed , the CONTRACTOR shall recover and remove the same with utmost dispatch . The CONTRACTOR shall give immediate notice , with description and location of such obstructions , to the COUNTY. Should the COUNTY discover such obstruction , independent of the above provisions and notification requirements by the CONTRACTOR , the COUNTY shall mark or buoy the obstruction and notify the CONTRACTOR of its location . Removal of the obstruction shall be the responsibility of the CONTRACTOR and the cost of the removal shall be paid for by the CONTRACTOR at no additional cost to the COUNTY. Should the CONTRACTOR refuse , neglect, or delay compliance with the above requirements , such obstructions may be removed by the COUNTY and the cost of such removal shall be deducted from any payments due or to become due to the CONTRACTOR or may be recovered under the CONTRACTOR' S bond . 28 . PROTECTION OF WORK 28 . 1 Property Restoration , The CONTRACTOR shall support and protect all public and private property that may be encountered or endangered in the execution of the work herein contemplated , at its own cost and expense , at no additional cost to the COUNTY. The CONTRACTOR shall repair to its original condition and make good any damage caused to any such property by reason of the CONTRACTOR ' S or Subcontractor's TS -22 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS operation . The CONTRACTOR shall restore all areas disturbed as a result of construction , including , but not limited to, sidewalks , driveways , parking lots , fencing , stone revetment, bulkheads , vegetation and utilities . 28 .2 Sole Risk. The work , and everything pertaining thereto, shall be performed at the sole risk and cost of the CONTRACTOR from commencement until final payment by the COUNTY. Any specific references contained in these Contract Documents that the CONTRACTOR shall be responsible at its sole risk and cost for the work , or any part thereof, are not intended to be , nor shall they construed to be , an exclusive listing of the circumstances in which the CONTRACTOR bears the risk of loss , but rather they are intended only to be exemplary. 28 . 3 Loss or Damage . All loss or damage arising out of the nature of the work , or from the action of the elements , or from hurricanes , tropical storms , or from any unusual obstruction or difficulty, or any other natural or existing circumstances either known or unforeseen that may be encountered in the prosecution of the work , shall be sustained and borne by the CONTRACTOR at his/her own cost and expense at no additional cost to the COUNTY. 28 .4 No Claim . The CONTRACTOR shall have no claim against the COUNTY because of any damage or loss of the Work or CONTRACTOR' S personnel , materials , equipment or supplies , including loss or damage due to simultaneous work by others . 29 . STATUTES , LAWS AND REGULATIONS The CONTRACTOR hereby agrees and shall be solely responsible for ensuring that all project personnel of the CONTRACTOR and any Subcontractors make themselves fully aware of the requirements of any applicable ordinances , statutes , laws or regulations which may affect this Project or the CONTRACTOR'S/Subcontractor's work under this Project, including but not limited to safety regulations , minimum wage regulations , and others . The CONTRACTOR further agrees to be solely responsible for ensuring their personnel and Subcontractors are notified of any changes or modifications to any such applicable Permits , ordinances , laws , statutes , rules , or regulations . 30 . WEATHER CONDITIONS The Project area may be affected by tropical storms and hurricanes primarily from June through November, and by windy and/or rainy weather, including severe electrical storms , at any time during the year. The CONTRACTOR shall be responsible for obtaining information concerning rain , wind and wave conditions that could influence Project operations prior to submitting a bid . In addition to weather reports available on cable and local television and radio ( including NOAA weather radio ) , the following publications contain climatological and meteorological observations and data for the project area : 30 . 1 Local Climatological Data . The National Oceanic and Atmospheric Administration ( NOAA) , Asheville , NC publishes monthly summaries of local climatological data . TS-23 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS Subscription price and ordering information is available from the National Climatic Data Center, 151 Patton Ave . Customer Services Branch , Asheville , NC 22802 . This publication gives hourly wind speed and direction observations . The NOAA annual summary gives a summary of the observations for the period of record . Access to this information can be made through the NOAA website (www. ndbc. noaa . gov). 30 .2 United States Coast Pilot Atlantic Coast . Cape Henry to Key West - Published by NOAA. For sale by the National Ocean Service and its agents . 30 . 3 Summary of Synoptic Meteorological Observations . North American Coastal Marine Areas , Atlantic and Gulf Coasts - Produced by the Naval Weather Service , U . S . Department of Commerce . Distributed by the National Technical Information Service , U . S . Department of Commerce . 30 .4 Wave Hindcast Data. Wave Information Studies of U . S . Coastlines , Hindcast Wave Information for the U . S . Atlantic Coast is available at the Corps of Engineers , Jacksonville District Office , produced by the U . S . Army Corps of Engineers , Waterways Experiment Station , Coastal Engineering Research Center, Wave Information Study (WIS ) station 16 reflects twenty (20 ) years of computer modeled wave data (from 1975 to 1995 ) . The station is located approximately 22 miles east of Indian River County at 27 . 75 N 80 . 00 W in approximately 148 feet of water. It is noted that these data do not include the effects of tropical storms and hurricanes . Ref: Hindcast Wave Information for U. S. Atlantic Coast, WIS Report 30, U . S . Army Waterways Experiment Station , Vicksburg , Mississippi . 30 . 5 Daily marine weather forecast . May be obtained from the internet at: http ://www. nws . noaa . gov/om/marine/home . htm 30 . 6 Safe Refuge. The CONTRACTOR is responsible for seeking adequate shelter from adverse weather conditions . The nearest sheltered harbor is the Port of Fort Pierce (also referred to as Fort Pierce Inlet) which is located approximately 11 nautical miles south of the center of the Mitigation Area . 30 . 7 Weather delays . In addition to definitions for rain delays as specified by the FDOT Standard Specifications , weather delays are defined , for marine purposes , as any day in which the NOAA 10 : 30 AM daily forecast, issued by the official NOAA weather radio stations and the world wide web address given in Section 30 . 5 of these Technical and Environmental Specifications , includes a Small Craft Caution or Small Craft Warning or a forecast of seas 3 to 5 feet or greater. Small Craft Caution or Small Craft Warning or a forecast of seas 3 to 5 feet or greater shall be evaluated on a case- by-case basis by the CONTRACTOR and the COUNTY. The CONTRACTOR and the COUNTY shall jointly agree on the propriety of operations under any set of conditions with the CONTRACTOR recognizing the desire of the COUNTY to complete the project in a timely manner and the COUNTY recognizing the ultimate responsibility for the safe conduct of the CONTRACTOR ' S tug , barge (s) , and • crew at sea resting with the captain of the tug . Time extensions for delays due to inclement weather, including adverse sea conditions , shall be granted if the TS-24 INDIAN RIVER COUNTY MITIGATION REEF PROJECT Is TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS CONTRACTOR submits a written request within 30 days of the delay(s ) and the delay(s) is substantiated by the official NOAA weather reports as indicated above or by COUNTY lifeguard station weather logs or by observations recorded by staff. It shall be the responsibility of the CONTRACTOR to supply supporting weather data (official NOAA weather report) with the request for time extensions due to weather delays . 31 POST-CONSTRUCTION BATHYMETRIC SURVEY Following reef construction , and within 30 days following final completion inspection and approval by the COUNTY, the CONTRACTOR shall perform a bathymetric survey of the reef construction area . Bathymetric surveys shall extend in the cross shore direction from DEP reference monument R-91 south to DEP reference monument R-94 and shall be performed at 250-foot spacing . Cross-shore surveys shall commence (survey origin) approximately 600 feet from the survey baseline (at approximately the — 10 ft NGVD contour) and extend offshore from the survey origin approximately 600 ft (to approximately the —20 ft NGVD contour) . The bathymetric survey shall also include alongshore transect(s ) that will traverse roughly along the centerline (s ) of the HRHC and LRLC mitigative reef units . The alongshore transects shall commence at DEP Reference Monument R-91 and extend to R-94 , shall commence at approximately the —10 feet NGVD contour and shall be spaced at 50-foot intervals until the —20 foot NGVD contour is captured . Alongshore transects shall be taken such that two of the tracklines are located over the length of the constructed Mitigation Reef Area . All survey drawings shall be referenced to the project datum as specified in Section 13 . 1 and shall be at a scale acceptable to the COUNTY. Final plan view drawings shall be submitted both with and without contours . All data ( both discrete data points and contoured data ) shall be tide-corrected as specified in Section 31 . 2 . 31 . 1 Accuracy. Offshore survey elevations shall be measured to the nearest 0 . 1 foot referenced to NGVD . To ensure this accuracy is maintained , if a fathometer is used , the fathometer shall be calibrated at the start of each survey day, after every third profile line , at the end of each paper roll , and at the end of each day. Survey vessel settlement and squat must be determined at survey speeds and applied to correct the water depth measurements . Equipment and procedures must be in accordance with the methods specified in USACE Hydrographic Surveying EM 1110-2- 1003 dated October 1994 ( Updated January 1 , 2002 ) . A tolerance of no more than 30 feet either side of the azimuth on offshore segments of the profile line shall be allowed . Data points obtained offshore by bathymetric survey methods ( i . e . , fathometer) shall be taken at a spacing of not more than 20 feet . 31 .2 Tides . Average still water elevation (tides ) shall be measured for offshore beach profile surveys . Tides shall be measured by tide staff readings using a stilling well while conducting the offshore bathymetric surveys . The stilling well shall be located on each profile line during the offshore survey. 31 . 3 Deliverables . Deliverables to the COUNTY shall include processed survey data of date , range , station , and elevation from each of the FDEP and COUNTY and TS-25 INDIAN RIVER COUNTY MITIGATION REEF PROJECT TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS intermediate profile baseline monuments/stations in a hard copy form , 3 Yz' floppy disk or compact disc (CD) in FDEP "serpentine" format and AutoCAD electronic drawing files . Additional information to be provided to the COUNTY shall include tide curves and corrections and field notes , and a 1 " = 200' plan view plot showing proposed profile lines and surveyed tracklines. All drawings shall be submitted in an electronic format acceptable to the COUNTY. Survey lines shall be taken along the azimuth indicated in the Construction Plans . 31 .4 Oversight. Surveys shall be conducted by the CONTRACTOR or CONTRACTOR ' S Subcontractor with oversight by the COUNTY or its representative . The CONTRACTOR shall provide at minimum 24-hour notice to the COUNTY prior to conducting survey work . The COUNTY shall provide an observer for all surveying work unless the oversight requirement for a specific task and/or block of time is waived in writing by the COUNTY. 31 . 5 Qualifications . All surveys shall be in accordance with professional standards and practices , and all survey documents shall be signed and sealed by a Professional Surveyor and Mapper registered in the State of Florida . Said surveyor should carry Professional Liability Insurance . Hydrographic surveys shall be performed in accordance with USACE HYDROGRAPHIC SURVEYING document number EM 1110-2- 1003 dated October 1994 ( Updated January 1 , 2002) , 31 . 6 Documentation . Survey notes shall be reduced to elevations and shall include the date performed , weather conditions , bench marks and monuments used , name and title of each member of the survey party, and the name of any COUNTY or ENGINEER representative present. Survey notes lacking information , illegible , in error or not in accordance with accepted practices shall be returned to the CONTRACTOR for correction . Surveying instruments shall be checked for adjustment and such checks shall be recorded in survey notes and on the quality control sheet. TS-26 END OF TECHNICAL SPECIFICATIONS TS-27 Florida Department of Environmental Protection Permit No . 0166929 -00144 Department of Environmental Protection Madory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B . Struhs Governor Tallahassee, Florida 32399-3000 Secretary CONSOLIDATED JOINT COASTAL PERMIT AND INTENT TO GRANT SOVEREIGN SUBMERGED LANDS AUTHORIZATION PERMITTEE/AUTHORIZED ENTITY : Permit/Authorization No . : 0166929-001 -JC Indian River County Board of Commissioners Date of Issue : October 23 , 2002 184025 th Street Expiration Date of Construction Phase : Vero Beach, Florida, 32960 October 23 , 2007 County: Indian River Project : Indian River County Beach Restoration Project, Sectors 1 & 2 This permit is issued under the authority of Chapter 161 and Part IV of Chapter 373 , Florida Statutes (F . S .), and Title 62 and 40, Florida Administrative Code (F.A . C . ) . Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- 113 , F .A . C . , the Department is responsible for reviewing and taking final agency action on this activity. ACTIVITY DESCRIPTION : The project is to construct the Indian River County Beach Restoration Project, Sectors 1 & 2 , between FDEP reference monuments R3 . 5 and R17 . The proposed beach restoration involves transporting sand from an offshore borrow site by hopper dredge and placing the material along 2 . 5 miles of beach. The beach fill template consists of a design berm, which is intended to remain intact between nourishment events, and advance beach nourishment placed seaward of the design berm, which will erode away between nourishment events . The total construction volume is approximately 574, 000 cubic yards over the 13 ,296 feet of beach, or approximately 43 cubic yards per foot of beach length. In addition, a minimum of 5 . 0 acres of artificial reef will be constructed as mitigation to offset the expected burial of 3 . 8 acres of nearshore hardbottom . ACTIVITY LOCATION : The beach restoration activity is located along the ocean shore south of Sebastian Inlet, at Sebastian Inlet State Park and unincorporated Ambersand Beach, between FDEP reference monuments R3 . 5 and R17 . The borrow area is located on the Indian River Shoal between 7 , 000 and 1000 ft . offshore of the southern part of Indian River County, just north and directly offshore from Round Island Park (R- 118 ) , in Indian River County, the Atlantic Ocean, Class III Waters . This permit constitutes a finding of consistency with Florida ' s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act . This permit also constitutes certification of compliance with state water quality standards pursuant to Section 401 of Permittee : Indian River County Beach Restoration Permit No : 0166929=0014C Page 2 of 17 the Clean Water Act, 33 U. S . C. 1341 . In addition, the Department has determined, pursuant to Section 380 . 0651 (3 )(e), F . S . , that the facility is located so that it will not contribute to boat traffic in a manner that will adversely impact the manatee . This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253 . 002 and 253 . 77, F . S . The activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21 . 0051 , F.A . C . , and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- 113 , F.A. C . In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253 , F. S . , Chapter 18-21 , Section 62-343 . 075 , F .A.C. , and the policies of the Board of Trustees . As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the beach fill activity along the shoreline of Indian River County qualifies for a consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to Chapter 253 . 77, F. S . , to perform the activity on the specified sovereign submerged lands . As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the borrow site dredging requires a public easement for the use of those lands, pursuant to Chapter 253 . 77, F . S . The Department intends to issue the public easement, subject to the conditions in the previously issued Consolidated Intent to Issue . The final documents required to execute the public easement have been sent to the Division of State Lands , The Department intends to issue the public easement, upon satisfactory execution of those documents . You may not begin construction of this activity on state-owned, sovereign submerged lands until the public easement has been executed to the satisfaction of the Department. A copy of this authorization has been sent to the U. S . Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities . This authorization does not relieve you from the requirements to obtain all other required permits and authorizations . The above named permittee is hereby authorized to construct the work shown on the application and approved drawings , plans, and other documents attached hereto or on file with the Department and made a part hereof. This is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the General Conditions and Specific Conditions , which are a binding part of this permit. You are advised to read and Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 3 of 17 understand these drawings and conditions prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings . If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities . GENERAL CONDITIONS . 1 . The terms, conditions, requirements, limitations and restrictions set forth in this permit, are it conditions" and are binding and enforceable pursuant to Sections 403 . 141 , 403 . 727, or 403 . 859 through 403 . 861 , F. S . The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions . 2 . This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits . Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3 . As provided in subsections 403 . 087(6) and 403 . 722(5 ), F. S . , the issuance of this permit does not convey any vested rights or any exclusive privileges . Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. 4 . This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State . Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title . 5 . This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore ; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules , unless specifically authorized by an order from the Department. 6 . The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules . This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules . Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 4 of 17 7 . The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to : a. Have access to and copy any records that must be kept under conditions of the permit; b . Inspect the facility, equipment, practices, or operations regulated or required under this permit; and c . Sample or monitor any substances or parameters at any location reasonable necessary to assure compliance with this permit or Department rules . Reasonable time may depend on the nature of the concern being investigated. 8 . If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of noncompliance ; and b . The period of noncompliance, including dates and times ; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages, which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. 9 . In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403 . 111 and 403 . 73 , F. S . Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules . 10 . The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance ; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules . A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62 - 302 . 500 , F. A . C . , shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. Permittee : Indian River County Beach Restoration Permit No : 0166929401 -JC Page 5 of 17 11 . This permit is transferable only upon Department approval in accordance with Rules 62-4. 120 and 62-730 .300, F . A. C . , as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. 12 . This permit or a copy thereof shall be kept at the work site of the permitted activity. 13 . This permit also constitutes Certification of Compliance with State Water Quality Standards (Section 401 , PL 92-500) . 14 . The permittee shall comply with the following : a. Upon request, the permittee shall furnish all records and plans required under Department rules . During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. b . The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. c . Records of monitoring information shall include : 1 . the date, exact place, and time of sampling or measurements; 20 the person responsible for performing the sampling or measurements; 3 , the dates analyses were performed; 4 , the person responsible for performing the analyses ; 5e the analytical techniques or methods used; and 6 * the results of such analyses . 15 . When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS : 1 . The terms, conditions, and provisions of the required public easement (Instrument No . 40034, BOT File No . 310225713 ) for the borrow areas shall be met. Construction of this activity shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust Fund, until all Public Easement documents have been executed to the satisfaction of the Department . Permittee : Indian River County Beach Restoration Permit No : 01669294014C Page 6 of 17 2 . Pursuant to Chapter 161 . 141 , prior to construction of the beach restoration project, the board of trustees must establish the line of mean high water for the area to be restored to establish the boundary line between sovereignty lands of the state bordering on the Atlantic Ocean and the upland properties . No work shall commence until the Erosion Control Line has been executed to the satisfaction of the Department. 3 . No work shall be conducted until and unless the Department issues a Final Order of Variance (File No . 0166929-002-EV) from Rule 62-4. 244(5)(c), F.A. C . to establish a temporary mixing zone of 150 meters offshore and 1 ,000 meters downcurrent from the point of sand discharge onto the beach fill area. 4 . If historical or archaeological artifacts are discovered at any time within the project site, the permittee shall immediately stop all activities which disturb the soil and notify the Department ' s District Office and the Bureau of Historic Preservation, Division of Historical Resources, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 . 5 . At least 48 hours prior to commencement of work authorized by this permit, the permittee shall provide written notification of the date of the commencement and proposed schedule of construction. An individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when fill material is discharged on the beach. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit. The names and qualifications of those individuals performing these functions along with 24-hour contact information shall be submitted for approval in the Notice of commincement. 6 . All documents relating to the permit shall be sent to DEP 's Bureau of Beaches and Wetland Resources, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, telephone (850) 487-4471 and copies sent to the DEP Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, FL 32803 -3767, telephone (407) 894-7555 . 7 . The unavoidable burial of 3 . 8 acres of nearshore hardbottom that will result from the direct placement of fill and from the equilibration of the toe of fill (TOF) shall be mitigated by creating a minimum of 5 . 0 acres of artificial hard bottom substrate . If construction of the artificial hard bottom will be completed prior to or concurrent with the construction of beach fill, the mitigation area will be 5 . 0 acres . If the construction of artificial hard bottom will be completed after the construction of the beach fill, the mitigation area will be increased by 0 . 20 acres per year. All mitigation shall be completed no later than two years following the completion of beach construction. The artificial hard bottom mitigation shall include 4 . 74 acres of high relief substrate and 0 . 26 acres of low relief substrate for the 5 . 0-acre project. The areas of high relief to low relief shall increase proportionately if the mitigation project is completed after the beach fill construction and the acreage of mitigation increases . The mitigation area shall be monitored in accordance with the Mitigation Plan, as approved by the Department . Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 7 of 17 8 . The Permittee shall develop a Borrow Site Sediment Quality Control / Quality Assurance Plan, as required by Rule 62B41 . 008 ( l )(k)4.b . , F.A. C . Once approved by the Department, compliance with the Plan shall be a specific condition of this permit and must be incorporated in the relevant Terms and Conditions of construction contracts . The Plan shall include a project-specific sediment quality specification for grain size distribution, color, and carbonate composition to ensure that the sediment from the borrow site will meet the standard in Rule 62B -41 .007(2)(j ), F.A . C . The Plan shall provide quality control procedures for excavating sediment from within the authorized horizontal and vertical limits of the permitted borrow site ; for monitoring and reporting the quality of sediment as it is placed on the beach; and, for altering construction operations if the sediment does not comply with the project specific sediment quality specifications or stopping the dredging operation if the specifications cannot be attained. Further, the Plan shall provide procedures for testing the quality of the sediment after it is placed and methods for remediation of any areas of fill material that do not comply with the sediment quality specifications . 9 . At least 14 days prior to the planned commencement date of construction, the permittee shall schedule a pre-construction conference to review the specific conditions of this permit with the contractors , work crews, the Department ' s staff representatives, the Florida Fish & Wildlife Conservation Commission, and the marine turtle permit holder. The permittee shall provide a minimum of 7 days advance written notification to the following offices advising of the date, time, and location of the pre-construction conference : DEP Bureau of Beaches and Wetland Resources Mail Station 300 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 fax: (850) 488-5257 FWC Bureau of Protected Species Management Office of Environmental Services 620 South Meridian Street Tallahassee, Florida 323994600 fax : (850) 921 -4369 DEP Central District Office Submerged Lands and Environmental Resources Program 3319 Maguire Blvd. , Suite 232 Orlando, Florida 32803 -3767 fax: (407) 897-2966 10 . No work shall be conducted under this permit until the permittee has received a written Notice to Proceed from the Department . At least 60 days prior to the requested date of issuance of the notice to proceed, the permittee shall submit the following for review and approval by the Department : a. A detailed Mitigation Plan that addresses the timing of artificial hard bottom construction in relation to the beach fill construction, acreage of proposed artificial hard bottom (as required in Specific Condition No . 6) , proposed construction and monitoring Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 8 of 17 methods, the size and type of materials, depth of sand (above underlying rock), and other pertinent updates to the draft mitigation plan; b . A Borrow Site Sediment Quality Control / Quality Assurance Plan , as required by Rule 62B41 . 008( 1 )(k)4.b . , F .A. C. and Specific Condition No . 7 ; c . A detailed Physical Monitoring Plan , as described in Specific Condition No . 14 (Physical Monitoring section), indicating the project ' s predicted design life ; d. A detailed Biological Monitoring Plan , as described in Specific Conditions No. 15 & 12 (Biological Monitoring section) ; e . A Monitoring Plan for In-water Sea Turtle Distribution and Abundance as described in Specific Condition No . 12 .k. , shall be included as a component of the Monitoring Plan described in 9 . d. Two hard copies and an electronic copy of detailed final construction plans and specifications for all authorized activities, including a vessel operations plan shall be provided. These documents shall be signed and sealed by the design engineer, who must be registered in the State of Florida, and shall bear the certifications specified in Rule 62B-41 . 007(4) , F.A. C . The plans and specifications shall include a description of the beach construction methods to be utilized and drawings and surveys which show all biological resources and work spaces (e. g. anchoring area, pipeline corridors, staging areas, boat access corridors, etc . ) to be used for this project. The Department may request additional information that may be necessary to understand and evaluate the proposal ; f. Biological monitoring qualifications. The names and qualifications of those individuals performing the biological monitoring shall be submitted for Department approval . All biological monitoring required by this permit shall be conducted by individuals having a good working knowledge of marine fish, marine turtles, algae, coral, and sponge taxonomy. 11 . The permittee shall construct and maintain a shore-parallel sand dike at the beach disposal area at all times during hydraulic discharge on the beach as may be required to meet turbidity standards prescribed by this permit. 12 . The beach fill area to be constructed seaward of the established Erosion Control Line shall remain sovereign lands and shall be accessible to the general public . Additionally, the resulting additions to upland property are also subject to a public easement for traditional uses of the sandy beach consistent with uses that would have been allowed prior to the need for the restoration project in accordance with Chapter 161 . 141 , Florida Statutes . Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 9 of 17 13 . In order to ensure that marine turtles are not adversely affected by the construction activities authorized by this permit, the permittee shall adhere to the following conditions : a. Beach restoration shall be started after October 31 and shall be completed before May 1 . b . Construction-related activities are authorized to occur on the nesting beach (seaward of existing coastal armoring structures or the dune crest) during the early part of the nesting season (March 1 through April 30) under the following conditions . 1 . A daily marine turtle nest survey of the nesting beach in the vicinity of the project (including areas of beach access) shall be conducted starting March 1 and continue until October 31 . Only those nests that may be affected by construction activities shall be relocated. Nests requiring relocation shall be moved no later than 9 a.m. the morning following deposition to a nearby self-release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. Nest relocations in association with construction activities shall cease when construction activities no longer threaten nests . Nests deposited within areas where construction activities have ceased or will not occur for 65 days shall be marked and left in place unless other factors threaten the success of the nest. Such nests will be marked and the actual location of the clutch determined. A circle with a radius of ten ( 10) feet, centered at the clutch, shall be marked by stake and survey tape or string. No construction activities shall enter this circle and no adjacent construction shall be allowed which might directly or indirectly disturb the area within the staked circle . 2 . No construction activity may commence until completion of the marine turtle survey each day. 3 . It is the responsibility of the permittee to ensure that the project area and access sites are surveyed for marine turtle nesting activity. All nesting surveys , nest relocations screening or caging activities etc . shall be conducted only by persons with prior experience and training in these activities and who is duly authorized to conduct such activities through a valid permit issued by the Fish and Wildlife Conservation Commission (FWC), pursuant to Florida Administrative Code 68E- 1 . C , If the beach nourishment project will be conducted during the period from November 1 through November 30, daily early morning sea turtle nesting surveys must be conducted 65 days prior to project initiation and continue through September 30 , and eggs must be relocated per the preceding requirements . d . From March 1 through April 30 and November 1 through November 30 , all project lighting shall be limited to the immediate area of active construction only and shall be the minimal lighting necessary to comply with U. S . Coast Guard and/or OSHA requirements . Permittee : Indian River County Beach Restoration Permit No : 0166929A01 -JC Page 10 of 17 Stationary lighting on the beach and all lighting on the dredge shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the nesting beach and water. Shields must be affixed to the light housing and be large enough to block light from all lamps from being transmitted outside the construction area (Figure 1 ) . e . From March 1 through May 1 , staging areas for construction equipment shall be located off the beach. Nighttime storage of construction equipment not in use shall be off the beach to minimize disturbance to sea turtle nesting and hatching activities . All construction pipes that are placed on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. f. Immediately after completion of the fill placement event and prior to February 15 for 3 subsequent years if placed sand still remains on the beach, the beach shall be tilled as described below. During the 3 years following each fill placement event, the permittee may measure sand compaction in the area of restoration in accordance with a protocol agreed to by the FWC, the Department, the U. S . Fish & Wildlife Service, and the applicant to determine if tilling is necessary. At a minimum, the protocol provided under a and b below shall be followed. If required, the area shall be tilled to a depth of 36 inches. All tilling activity must be completed prior to March 1 . An annual summary of compaction surveys and the actions taken shall be submitted to the FWC . If the project is completed during the nesting season, tilling shall not occur in areas where nests have been left in place or relocated unless authorized by the U. S . Fish and Wildlife Service in an Incidental Take Statement. This condition shall be evaluated annually and may be modified if necessary to address sand compaction problems identified during the previous year. 1 . Compaction sampling stations shall be located at 500400t intervals along the project area. One station shall be at the seaward edge of the dune/bulkhead line (when material is placed in this area) and one station shall be midway between the dune line and the high water line (normal wrack line) . 2 . At each station, the cone penetrometer shall be pushed to a depth of 6, 12, and 18 inches three times (three replicates) . Material may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists . Layers of highly compact material may lay over less compact layers . Replicates shall be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments . The three replicate compaction values for each depth shall be averaged to produce final values for each depth at each station. Reports shall include all 18 values for each transect line, and the final 6 averaged compaction values. 3 . If the average value for any depth exceeds 500 psi for any two or more adjacent stations , then that area shall be tilled prior to March 1 . If values exceeding Permittee : Indian River County Beach Restoration Permit No : 0166929-001 -JC Page 11 of 17 500 psi are distributed throughout the project area but in no case do those values exist at two adjacent stations at the same depth, then consultation with the FWC shall be required to determine if tilling is required. If a few values exceeding 500 psi are present randomly within the project area, tilling shall not be required. g. Visual surveys for escarpments along the beach fill area shall be made immediately after completion of the beach nourishment project and prior to March 1 for the following three years if placed sand still remains on the beach. All scarps shall be leveled or the beach profile shall be reconfigured to minimize scarp formation. In addition, weekly surveys of the project area shall be conducted during the two nesting seasons following completion of fill placement as follows . 1 . The number of escarpments and their location relative to DNR-DEP reference monuments shall be recorded during each weekly survey and reported relative to the length of the beach surveyed (e . g. , 50% scarps) . Notations on the height of these escarpments shall be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all escarpments . 2 . Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled to the natural beach contour by April 15 . Any escarpment removal shall be reported relative to R--monument. 3 . If weekly surveys during the marine turtle nesting season document subsequent reformation of escarpments that exceed 18 inches in height for a distance of 100 feet, the FWC shall be contacted immediately to determine the appropriate action to be taken. Upon notification, the permittee shall level escarpments in accordance with mechanical methods prescribed by the FWC . h. A lighting survey shall be conducted from the restored berm prior to March 1 of the first nesting season following restoration. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be submitted to FWC by March 15 and documenting all compliance and enforcement action. Additional lighting surveys shall be conducted monthly through August and results reported by the 15th of each month. i . Pursuant to Specific Condition No . 8 , the applicant shall arrange a meeting between representatives of the contractor, the Department, the FWC, and the permitted person responsible for egg relocation at least 14 days prior to the commencement of work on this project. At least 10 days advance notice shall be provided prior to conducting this meeting. This will provide an opportunity for explanation and/or clarification of the sea turtle protection measures . j . Reports on all nesting activity shall be provided for the initial nesting season and for a minimum of two additional nesting seasons . Monitoring of nesting activity in the three seasons following construction shall include daily surveys and any additional measures Permittee : Indian River County Beach Restoration Permit No : 01669294014C Page 12 of 17 authorized by the FWC. Reports submitted shall include daily report sheets noting all activity, nesting success rates, hatching success of all relocated nests, hatching success of a representative sampling of nests left in place (if any), dates of construction and names of all personnel involved in nest surveys and relocation activities . Data should be reported separately for filled areas and nonfilled areas in accordance with the attached Table (Attachment 1 ) . All reports should be submitted by January 15 of the following year. k. Reports on the distribution and abundance of marine turtles in the vicinity of the nearshore hard bottom in the project area, on mitigation sites, and on adjacent, undisturbed "control" sites shall also be provided prior to any beach filling activity, during all restoration work, and then for a minimum of two additional years . Monitoring of in-water sea turtle distributions shall include quarterly surveys and any additional measures authorized by FWC . Prior to issuance of a Notice to Proceed, the applicant shall submit a Monitoring Plan for In-water Sea Turtle Distribution and Abundance to the Department that has been pre- approved by FWS . 1 . Reports on macroalgal distribution and abundance on nearshore hard bottom adjacent to the impact area, at the mitigation site, and on adjacent hard bottom communities that will not be impacted by the proposed nourishment ("control" communities) shall be provided prior to any nourishment activity and then for a minimum of two additional years . 0 These reports shall include quarterly quantitative assessments of percent cover by species assessment of algal height per quadrat and per species, and amount of sediment within the quadrat prior to sampling. The amount, or biomass, of different algal species present at different times of the year should also be assessed. While long term monitoring should be done in replicate quadrats, additional plots should be identified (~ 10 cm X 10 cm) and all material, invertebrate, algae and sediment, scraped from the surface . This sample should then be sorted to the highest taxonomic level possible and dried to constant weight. m. In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately and the permitted person responsible for egg relocation for the project should be notified so the eggs can be moved to a suitable relocation site. n. In the event a hopper dredge is utilized for sand excavation, all conditions in the NMFS Biological Opinion for hopper dredging along the SE U. S . Atlantic Coast (dated August 25 , 1995 ) must be followed, and the FWC shall be sent copies of the reports specified in Condition 6 of the Biological Opinion. o . Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen, initial notification must be made to the FWC at 1 - 888 -404-FWCC . Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause of death . In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal , the finder has the Permittee : Indian River County Beach Restoration Permit No : 01669294014C Page 13 of 17 is responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. MONITORING REQUIRED : 14 . Water Quality Monitoring (Turbidity ) A . Borrow Site : Frequency: Every six hours during dredging. Location: Background: Mid-depth, at least 300 meters upcurrent from the dredge site, clearly outside of any turbidity generated by the project. Compliance : Mid-depth, no more than 150 meters downcurrent from the dredge site, within the densest portion of any visible turbidity plume. B . Beach Disposal Area: Frequency: Every six hours during pumping operations . Location: Background: Mid-depth, at a point approximately 150 meters offshore and 1 ,000 meters upcurrent from the discharge point, clearly outside of any turbidity generated by the project. Compliance : Mid-depth, at a point approximately 150 meters offshore and no more than 1000 meters downcurrent from the discharge point, within the densest portion of any visible turbidity plume. Weekly summaries of all monitoring data shall be submitted to the Bureau of Beaches and Wetland Resources and to the Central District Office within one week of collection with documents containing the following information: ( 1 ) permit number; (2) dates and times of sampling and analysis ; (3 ) a statement describing the methods used in collection, handling, storage and analysis of the samples ; (4) a map indicating the sampling locations, current direction, plume configuration and the location of the dredge and discharge point(s) ; and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall also include the following information for each sample that is taken : a) time of day samples taken; b) depth of water body; c) depth of sample ; d) antecedent weather conditions ; e) tidal stage and direction of flow; f) wind direction and velocity; and g) DGPS position. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance sites are greater than 29 NTUs above the associated background turbidity levels, construction activities shall cease immediatelv and not resume until corrective measures have been taken and turbidity has returned to acceptable levels . Permittee : Indian River County Beach Restoration Permit No : 0166929401 -JC Page 14 of 17 15 . Physical Monitoring Pursuant to 62B-41 . 005( 16), F.A .C. , physical monitoring of the project is required through acquisition of project-specific data to include, at a minimum, topographic and bathymetric surveys of the beach, offshore, and borrow site areas, aerial photography, and engineering analysis . The monitoring data is necessary in order for both the project sponsor and the Department to regularly observe and assess, with quantitative measurements, the performance of the project, any adverse effects which have occurred, and the need for any adjustments, modifications, or mitigation of unexpected adverse effects. . The scientific monitoring process also provides the project sponsor and the Department information necessary to plan, design, and optimize subsequent follow-up projects, potentially reducing the need for and costs of unnecessary work, as well as potentially reducing any environmental impacts that may have occurred or be expected. As required in Specific Condition Number 10, the permittee shall submit a detailed Monitoring Plan subject to review and approval by the Department. The Monitoring Plan shall indicate the project ' s predicted design life . The approved Monitoring Plan can be revised at any later time by written request of the permittee and with the written approval of the Department. For all subsequent beach nourishment projects following the initial nourishment to be performed under this permit, the Monitoring Plan shall specify a renewal of the same monitoring and monitoring cycle for the beaches and affected borrow site(s) . As guidance for obtaining Department approval, the plan shall generally contain the following items : a. Topographic and bathymetric profile surveys of the beach and offshore shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project. Thereafter, monitoring surveys shall be conducted annually for a period of three (3 ) years, then biennially until the next beach nourishment event or the expiration of the project design life, whichever occurs first. The monitoring surveys shall be conducted during a spring or summer month and repeated as close as practicable during that same month of the year. If the time period between the immediate post-construction survey and the first annual monitoring survey is less than six months, then the permittee may request a postponement of the first monitoring survey until the following spring/summer. A prior design survey of the beach and offshore may be submitted for the pre-construction survey if consistent with the other requirements of this condition. The monitoring area shall include profile surveys at each of the Department of Environmental Protection ' s DNR reference monuments within the bounds of the beach fill area and along at least 5 , 000 feet of the adjacent shoreline on both sides of the beach fill area. For those project areas that contain erosion control structures, such as groins or breakwaters, additional profile lines shall be surveyed at a sufficient number of intermediate locations to accurately identify patterns of erosion and accretion within this subarea. All work activities and deliverables shall be conducted in Permittee : Indian River County Beach Restoration Permit No : 01669294014C Page 15 of 17 0 accordance with the latest update of the BBWR Statewide Coastal Monitoring Program, Regional Data Collection and Processing Plan, Monitoring Plan Technical Specifications for Topographic and Bathymetric Surveying. b. Bathymetric surveys of the borrow area(s) shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project concurrently with the beach and offshore surveys required above . Thereafter, monitoring surveys of the borrow areas shall be dependent on their location. Borrow sites located in tidal inlet shoals or in nearshore waters above the depth of closure for littoral transport processes shall be at two (2) year intervals concurrently with the beach and offshore surveys required above . These biennially monitoring surveys are not required for borrow sites located below the depth of closure for littoral transport processes . A prior design survey of the borrow area may be submitted for the pre-construction survey if consistent with the other requirements of this condition. Survey grid lines across the borrow area(s) shall be spaced to provide sufficient detail for accurate volumetric calculations but spaced not more than a maximum of 500 feet apart, and shall extend a minimum of 500 feet beyond the boundaries of the borrow site . For borrow sites located in tidal inlet shoals, bathymetric surveys of the entire shoal complex, including any attachment bars, shall be conducted unless otherwise specified by the Department based upon the size of the shoal and the potential effects of the dredging on inlet processes . In all other aspects, work activities and deliverables shall be consistent with the BBWR Statewide Coastal Monitoring Program, Regional Data Collection and Processing Plan, Monitoring Plan Technical Specifications for Bathymetric Surveying. c . Aerial photography of the beach shall be taken concurrently with the post-construction survey and each annual and biennial monitoring survey required above, as close to the date of the beach profile surveys as possible, and during approximate low water tide on that date. The limits of the photography shall include the surveyed monitoring area as described above. The photography shall be color vertical photos with a 30% forward overlap, taken from an elevation of 3 , 000 feet ( 1 : 6,000 negative scale) and centered on the local shoreline . A digital scan of the color photos at a rate of 21 microns with a pixel size of 0 .4 feet shall be made and submitted in TIF format (uncompressed) on CD or DVD . d. The permittee shall submit an engineering report and the monitoring data to the Office of Beaches and Coastal Systems within 90 days following completion of the post-construction survey and each annual or biennial monitoring survey. The survey data and control information should be submitted on electronic media such as floppy disk, or CD-ROM, in an ASCII format stored as specified in the Statewide Coastal Monitoring Program, Regional Data Collection and Processing Plan, Monitoring Plan Technical Specifications. The report shall summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns within the monitored area. In addition, the report shall I nclude a comparative review of project performance to performance expectations and identification of adverse impacts attributable to the project. Permittee : Indian River County Beach Restoration Permit No : 01669294014C Page 16 of 17 Appendices should include plots of survey profiles and graphical representations of volumetric and shoreline position changes for the monitoring area. Results should be analyzed for patterns, trends, or changes between annual surveys and cumulatively since project construction. e. Monitoring reports and data shall be submitted to the Office of Beaches and Coastal Systems in Tallahassee. Failure to submit reports and data in a timely manner constitutes grounds for revocation of the permit. When submitting any monitoring information to the Office, please include a transmittal cover letter clearly labeled with the following at the top of each page . This monitoring information is submitted in accordance with Item No. [please specify] of the approved Monitoring Plan for Permit No. 01669294014C for the monitoring period [please specify] . 16 . Biological monitoring : As required in Specific Condition Number 9, the permittee shall submit a detailed Biological Monitoring Plan subject to review and approval by the Department. The monitoring plan must include pre- and post-project data, valid and independent controls, and appropriate statistical treatments . Onshore monitoring shall include sediment compaction monitoring and escarpment formation monitoring. Both of these parameters are very important for the sea turtle nesting. Monitoring for compaction and escarpment formation shall be conducted in accordance with the terms and conditions of the U. S . Fish & Wildlife Service (USFWS) Biological Opinion, and Florida Fish and Wildlife Conservation Commission (FFWCC) recommendations, and shall include three years of post-construction monitoring. Nesting monitoring shall be conducted to assess changes in nesting due to the project. Nesting density, nesting success and reproductive success shall be measured. Both nesting and hatching success and evaluations of foraging habitat utilization by sea turtles shall be monitored too . Marine turtle nesting studies shall be conducted for three years post-construction. Sampling shall be conducted immediately after completion of the fill placement, and annually thereafter in project and control areas for 2 years, for a total of three years of post-construction monitoring. Surveys for escarpment formation shall be conducted following construction in the project and control areas , and before March I in each of the two subsequent years , for a total of three years of Post-construction monitoring. Nearshore hardbottom monitoring shall include assessments of both sessile fauna and flora . Monitoring shall determine the condition and dynamics of nearshore hardbottom/ridges communities . Monitoring of communities along the Toe of Fill (TOF) and evaluation of the extent of the TOF as compared to predictions, and along pipeline corridor, studies of marine turtle foraging habitat utilization shall be conducted too . A monitoring program shall be undertaken to Permittee: Indian River County Beach Restoration Permit No : 01669294014C Page 17 of 17 determine possible effects of the project on the sessile plant and animal communities of nearshore rock ridges and also the fish populations that inhabit the ridges. Sampling shall include pre- and post-construction monitoring in the project areas and concurrent sampling of control sites. Monitoring shall be conducted in the summer following project construction and for two subsequent years, for a total of three years of post-construction monitoring. Part of the hardbottom monitoring shall be also conducted on the mitigation area, using the same methodology as for hardbottom communities, and shall include statistical treatments and appropriate controls. The monitoring of turbidity levels in the project area during construction, although is a part of Water Quality Monitoring, is also considered to be a part of biological monitoring, because turbidity is the primary physical parameter expected to impact marine habitats. Towed underwater video combined with diver observations shall be conducted over the entire south borrow area prior to dredging to verify that no areas of hard bottom or potential sea grass areas are present. If any such areas are found they shall be mapped and appropriate buffer zones established Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND WETLAND RESOURCES a> e FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. YIA L ,:7 6 a3 aZ De Clerk Date Prepared by Vladimir Kosmynin, Ph.D. Environmental Specialist pages attached. w , v+ F w � a J W V V a co MW o Nrh W MlU t aC Y Y 0 • Qf N a V a y � Y wi N a \ V \ \ \\ w \ Y \ V \ y \ 3 \ Z \ w ix�oa�rwwW.o- V c, Y Y V Attachment 1 Marine Turtle Monitoring for Beach Restoration Projects The following monitoring is required for beach restoration projects. Reports summarizing the nesting should be submitted to the Tequesta office with a copy to the Tallahassee office by January 15 of the subsequent year. Data for nesting activity on filled and nonfilled areas should be reported separately, and should include numbers of nests lost to erosion or washed out. Characteristic Parameter Measurement Variable Nesting Success False crawls - Visual assessment of all Number and location of false crawls in fill areas number false crawls and nonfill areas: any interaction of the turtle with obstructions, such as groins, seawalls, or scarps, should be noted. False crawl - Categorization of the stage at Number in each of the following categories: type which nesting was emergence-no digging, preliminary body pit, abandoned abandoned egg chamber Nests Number The number of marine turtle nests in filled and nonfilled areas should be noted. If possible, the location of all marine turtle nests shall be marked on map of project, and approximate distance to sea wails or scarps measured using a meter tape (optional). Any abnormal cavity morphologies should be reported as well as whether turtle touched groins, seawalls, or scarps during nest excavation Lost Nests The number of nests lost to inundation, erosion or the number with lost markers that could not be found Reproductive Emergence & Standard survey protocol Numbers of the following: unhatched eggs, Success hatching depredated nests and eggs, live pipped eggs, dead success pipped eggs, live hatchlings in nest, dead hatchlings in nest, hatchlings emerged, disoriented _hatchlings, depredated hatchlings Florida Department of Environmental Protection Notice to Proceed - e 8 ^ aux h If If if 91, �� Y, �M c " � ajtn . ane. ,Tq : If t W&A 41 k µr S _ s .�s M Ir If e '�(N� c � . .: � . �M: tW " w If 6 �� a� WIf If 114 � w i �u v ( via e _ . , � •. If js ` �Y1 ��X� lA;f"19i Y: IN If ` ►:tcltone .ilt { � $y,.q ? , 121 . Sinrdy, vla&t* _,mrmn.' Ph.._ . FW4ft,b mental S t tIst D umu cif beaches anil Wed9nd Rm=es cc' Dr. J Tosmic C ;r,. IF.P; .$B t , BieId Letitia Unham;'ll , Bgcs BBCS 1'�t Infcx aticm Center fzWI 19 wv 1� ,;ice xr « 1 a ys E rsaFs4' ^ ase v v � � n a S CA 91 Ile, y kN bi 5'(C. 0 3, t t _ a2y 11 999Mil N edit Frrcunw ovai t3f11�ti1CiI�Jili � to ` ' A m : P t/A ' d 01 ti9 ' -moi- C tl'Veto; aft ploniK. 32960 ira it n 231 2007 IOU, 9 11 10 ,j1 x0aftiftfift td 1619�6 Ole 61 J. In x : gm y19•�`7� ` �''#Gr .7 er ► ,c ` :tic o 1 s Oh I eel, 6,Aft { � (Y Y..I,g zz S. K el Twhft 4` 6 H� a '� � ed Lij Ad Ae 91 1.991, 1y ��. INII � • v . ljy br5t N19, � � Z 'Sy61, 'Ki `�C, ft � t r 19 91 , *sem ' ,. Il r e# t r� •�^ e9wty i �'i. `• s r a 'u rrIz It rrI 199 1 r Tii YE , t. f tire, �n q Yom` Ir y � b Ir ft% amid MW �. % - � f Is ' rcc� isebUr oirtuPlari ,s d+ d w�t#hinitwo Weis C u bo regaling e 'p�t or w9notice should be dhtOted t the u�d00 66 eii a#: ` $ ire u66 1 wi I'd �d Les 1 39t n . r 11" ►eaitl 1 : - 6 x, 300 -=- r �. . a = 339!9 , 3000 ` rn ... .,,,r.,r.«„x:r.r++..rte u Date o l atxce V u rKo Telephone fl, . ep (S } 43'�-�4�1 , exp: 12WIl1 c tndenRiva� trOpt� y •BoardafLc�sriir� 'Corrit 'Srtcr, i '; ,. e�itrigineer BBWR Famit information 6mter t: tram JsE 'ost Con SPI on the Site Florida Department of Environmental Protection Permit Modification No . 0166929A054c Zz U Mon L% WAR X11 , r r • • = • r - � - r , n - r • a , � fir . • . � • • r � • r • : r . • n • Notice of Permit Modification Permittee: Indian River County Permit Modification No: 0166929-0054C Page 2 of 7 methods, the size and type of materials, depth of sand (above underlying rock), and other pertinent updates to the draft mitigation plan; 10(b). A Borrow Site Sediment Quality Control/ Quality Assurance Plan, as required by Rule 62B41 .008( 1 )(k}4.b . , F.A.C. and Specific Condition No.7 8 ; 10(c) . A detailed Physical Monitoring Plan, as described in Specific Condition No. 4415 (accepted)(Physical Monitoring section), indicating the project's predicted design life, 10(d). A detailed Biological Monitoring Plan, as described in Specific Conditions No. 4316 & X13 (Biological Monitoring section), — 10(e). A Monitoring Plan for In-water Sea Turtle Distribution and Abundance as described in Specific Condition No. 4-213 .k., shall be included as a component of the Monitoring Plan described in 910.d. 10(f). Two hard conies and an electronic copy, of detailed final construction Plans and 0 WEE cations for all authorized activities including a vessel operations plan shall be Provided. These documents shall be signed and sealed by the design engineer who must be reutstered in the State of Florida, and shall bear the certifications specified in Rule 62B 41 .007(4), F.A.C. The plans and specifications shall include a description of the beach construction methods to be utilized and drawing and gmLe3Ls which show all biological resources and work spaces (e.g. nsaaripline corridors Staging areas boat access corridors, etc.) to be used for this project The Department may request additional information that may be necessary to understand and evaluate the proposal 10(fg). Biological monitoring qualifications. The names and qualifications of those individuals performing the biological monitoring shall be submitted for Department approval. All biological monitoring required by this permit shall be conducted by individuals having a good working knowledge of marine fish, marine turtles, algae, coral, and sponge taxonomy. 13(h). A lighting survey shall be conducted from the restored berm immediately following completion of construction. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be submitted to FWC within fifteen ( 15) days followin completion of the surveyby d documenting all compliance and enforcement action. An Aadditional follOMW lightingsurveys shall be conducted once durins the eKly nesting season (July) and the results reported within fifteen ( 15) dans of completion of the followup survey '"' -e��. Notice of Permit Modification Permittee: Indian River County Permit Modification No : 0166929=0054C Page 3 of 7 13(k). Reports on the distribution and abundance of marine turtles in the vicinity of the nearshore hard bottom in the project area and on adjacent, undisturbed "control' sites shall also be provided prior to any beach filling activity, during all restoration work, and then for a minimum of two additional years. Monitoring of in-water sea turtle distributions shall include qty surveys conducted every six months (in the spring and fall). andimy -WSIAMffized by . Prior to issuance of a Notice to Proceed, the applicant shall submit a Monitoring Plan for In-water Sea Turtle Distribution and Abundance to the Department that has been pre-approved by PW9FWC. 13 (1). Reports on macroalgal distribution and abundance on nearshore hard bottom adjacent to the impact area, at the mitigation site, and on adjacent hard bottom communities that will not be impacted by the proposed nourishment ("control' communities) shall be provided prior to any nourishment activity and then for a minimum of two additional years. These reports shall include quotw4 semiannual quantitative assessments of percent cover by species, assessment of algal height per quadrat and per species, and amount of sediment within the quadrat prior to sampling. The amount, or biomass, of different algal species present at different times of the year should also be assessed. While long term monitoring should be done in replicate quadrats, additional plots should be identified (~ 10 cm X 10 cm) and all material, invertebrate, algae and sediment, scraped from the surface. This sample should then be sorted to the highest taxonomic level possible and dried to constant weight. After thorough review the staff has determined that the proposed alteration does not increase the potential for adverse impact on the coastal system, public beach access seaward of the mean high water line or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration does not reduce the design adequacy of the project. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as stated above. By copy of this letter and the attached drawing, we are notifying all necessary parties of the modification. This letter of approval does not alter the October 23 , 2007 expiration date, other Specific or General Conditions, or monitoring requirements of the permit. This letter and the accompanying drawing must be attached to the original permit. This permit is hereby modified unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120. 57, Florida Statutes, as provided below. The procedures for petitioning for a hearing are set forth below. Mediation under Section 120. 573 , F.S . , is not available for this proceeding. Notice of Permit Modification Permittee: Indian River County Permit Modification No : 0166929-005.JC Page 4 of 7 A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, F.S . The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399=3000. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in further modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this permit modification automatically becomes only proposed agency action on the application subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit modification until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time has expired. Under rule 62- 110. 106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department' s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. 3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding judge upon the filing of a motion in compliance with rule 28106.205 , F.A.C. in accordance with rules 2& 106 . 111 (2) and 62- 110. 106(3)(a)( 1 ), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), F. S ., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under section 120.60(3). F.S. , however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. Notice of Permit Modification Permittee: Indian River County Permit Modification No: 01669294054C Page 5 of 7 The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person' s right to request an administrative determination (hearing) under sections 120. 569 and 120. 57, F.S . In accordance with rule 28406.201 , F.A.C., a petition that disputes the material facts on which the Department' s action is based must contain the following information. (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner' s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency' s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency' s proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28106.301 , F.A.C. Under sections 120.569(2)(c) and (d), F. S . , a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit modification constitutes an order of the Department. The applicant has the right to seek judicial review of the order under section 120.68 , F. S . , by the filing of a notice of appeal under rule 9. 110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees Notice of Permit Modification 16 Permittee: Indian River County Permit Modification No: 01669294054C Page 6 of 7 with the appropriate district court of appeal. The notice of appeal must be Sled within 30 days from the date when the final order is filed with the Clerk of the Department, When there has been no publication of notice of agency action or notice of proposed agency action as prescribed in rule 62- 110. 106, F.A.C., a person may request a copy of the agency action. The Department shall upon receipt of such a request, if agency action has occurred, promptly provide the person with notice. The Department does not require notice of this agency action to be published. However, the applicant may elect to publish notice as prescribed in rule 62- 110. 106, F.A.C., which constitutes notice to the public and establishes a time period for submittal of any petition. If you have any questions regarding this matter, please contact me at the letterhead address or by telephone at (850) 4874471 , ext. 104. y �? Martin K. Seeling Environmental Administrator Bureau of Beaches and Wetland Resources FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. , oel4lo Deputy Clerk Date Notice of Permit Modification Permittee: Indian River County Permit Modification No: 0166929-0054C Page 7 of 7 Copies furnished to : Jonathan Gorham, Indian River County Richard Bonner, USACOE, Jacksonville Tent' Zable , DEP - Central District Office, Orlando Deborah Valin, DEP - Central District Branch Office, Melbourne Robbin Trindell, FWCC-BPSM Russell Snyder, DEP-BBWR Lethie Lanham, DEP-BBWR Jennifer Brown, PBS&J/BBWR BBWR Permit Information Center BBWR File n ' DEPARTMENT OF THE ARMY PERMIT D U P L I C A T E Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMISSIONERS Permit No : 200001872 ( IP - IS ) U . S . Army Engineer District , Jacksonville NOTE : The term " you " and its derivatives , as used in this permit , means the permittee or any future transferee . The term " this office " refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer . You are authorized to perform work in accordance with the terms and conditions specified below . Project Description : The project includes a one time nourishment of approximately 2 . 5 miles of beach shoreline ( Sectors 1 & 2 ) . The construction volume is approximately 574 , 000 cubic yards over 13 , 296 feet of beach , or approximately 43 cubic yards per foot of beach length . The average construction width is estimated to be 103 feet at an elevation of + 9 NGVD with a proposed beach face slope of iV : lOH between the + 9 feet NGVD berm crest and 0 feet NGVD . The area of impact at the fill site is approximately 3 . 8 acres of nearshore hardbottom and approximately 54 . 5 acres of unconsolidated sand below the mean - high water . The area of impact at the borrow site includes 103 . 3 acres of subtidal , non - vegetated sandy bottom . The project is as shown and described on the attached plans numbered 200001872 in forty - four ( 44 ) sheets , dated November 2002 . The beach nourishment involves the transportation of sand from an offshore borrow site by hopper dredge . Two pipeline corridors are included in this project proposal . Project Location : The project is located in the Atlantic Ocean from 400 . feet north of DNR reference monument R - 4 ( approximately 3500 feet south of the Sebastian Inlet ) to DNR reference monument R - 17 . Sections 21 , 28 , and 33 , Township 30 South , Range 39 East , and Section 3 , Township 31 South , Range 39 East , Indian River County , Florida . The • Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) r ` Page 2 borrow site is located in the Atlantic Ocean approximately 10 , 000 feet offshore between DNR monumentsR - 105 and R - 119 . Latitude and Longitude : PROJECT SITE : Northern Limit : . Latitude 27051106 " North Longitude 080026134 " West Southern Limit : Latitude 27049112 " North Longitude 080025132 " West BORROW SITE : Northwest Corner of Borrow Site : Latitude 27034145 . 79 " North Longitude 0800 17 " 57 . 16 ,"' West Southwest Corner of Borrow Site : Latitude 27034102 . 15 " North Longitude 080018107 . 27 " West Northeast Corner of Borrow Site : Latitude 27034144 . 53 " North Longitude 080017146 . 10 " West Southeast Corner of .:Borrow Site : Latitude 27 . 34100 . 15 " North Longitude 080017156 . 39 " West Permit Conditions : General Conditions : 1 . The time limit for completing the work authorized ends on January 16 , 2008 . If you find that you need more time to complete the authorized activity , submit your request for a time extension to this office for consideration at least one taonth before the above date is reached . Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY CObMISSIONERS Permit No : 200001872 ( IP - IS ) Page 3 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity , although you may make a good faith transfer to a third party in compliance - with General Condition 4 below . Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer , you must obtain a modification of this permit from this office , which may require restoration of the area . 3 . If you discover any previously -unknown historic or archeological remains while accomplishing the activity authorized by this -permit , you must immediately notify this office of what you have found . We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places . 4 . If you sell the property associated with this permit , you must obtain the signature and the mailing address of the new owner in - the space provided and forward a copy of the permit to this office to validate the transfer of this authorization . 5 . If a conditioned water quality certification has been issued for your project , you must comply with the conditions specified in the certification as special conditions to this permit . For your convenience , a copy of the certification is attached if it contains such conditions . 6 . You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit . Special Conditions : 1 . The permittee agrees that this Corps permit does not authorize the permittee to take an endangered species , in particular the loggerhead sea turtle , green sea turtle , hawksbill sea turtle , the leatherback sea turtle , Johnson seagrass , Kemps ridley sea turtle , blue whale , finback whale , humpback whale , sei whale , right whale , sperm whale and shortnose sturgeon . In order to legally take a listed species , you must have separate authorizations under the ESA ( e . g . , an ESA Section 10 permit , Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit Nos 200001872 ( IP - IS ) Page 4 or a Biological Opinion (BO ) under ESA Section 7 , with " incidental take ' " provisions with which you must comply ) . The enclosed USFWS BO , NMFS BO and NMFS Regional Biological Opinion ( RBO ) (Attachments 2 , 3 and 4 ) , contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with " incidental take " that is also specified in the BOs and RBO . Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BOs and RBO , which terms and conditions are incorporated by reference in this permit . Failure to comply with the terms and conditions associated with incidental take of the BOs and RBO , where a take of the listed species occurs , would constitute an unauthorized take , and it would also constitute noncompliance with your Corps permit . The USFWS and the NMFS are the appropriate authorities to determine compliance with the terms and conditions of their BOs , RBO and with the ESA . 2 . The permittee agrees that all documents relating to this permit , including any reports required by the DEP permit number 0166929 - 001 - JC ( see special conditions Attachment # 5 ) shall be sent to the Regulatory Division , Enforcement Branch , Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 and copies sent to the Merritt Island Regulatory Office , 2460 North Courtenay Parkway , Suite 4204 ,, Merritt Island , Florida 32953 and the USFWS , 1339 20ih Street , Vero Beach , Florida 32960 . 3 . The permittee agrees to mitigate for the unavoidable burial of 3 . 8 acres of . . nearshore hardbottom that will result from the direct placement of fill and froth the equilibration of the toe of fill ( TOP ) by creating a minimum of 5 . 0 acres of artificial hardbottom substrate ( revised mitigation acreage from that proposed in the Indian River County Sectors 1 &2 Beach Restoration Project Mitigation Plan (Attachment # 6 ) ) . If construction of the artificial hard bottom will be completed prior to - or concurrent with the construction of beach fill , the Mitigation area will be 5 . 0 acres in size . If the construction of artificial hardbottom will be completed after the construction of the beach fill , the mitigation area will increase by 0 . 20 acres per year . All mitigation shall be completed no later that two years following the completion of beach construction . The artificial hard bottom mitigation shall include 4 . 74 acres of high relief substrate and 0 . 26 acres of low relief substrate for the 5 . 0 - acre project . The areas of high relief to low relief shall increase proportionately if the mitigation project is uoTgTpuoo ;aaa ' 6uTsuao uoTleTndod gsT3 ' egoTq ; aaa aTTssas ao; sgaodaa 6uTaogTuom uoTgonalsuoo - aad gTmgns og saaa6e aallTwaad aqs • G ' ( G # quawgoeggV) nerd bursogruoN rsorbororg goarozd uorg2.zogsag gosag Z j3 r s.zogoas �flunoo zanrg uerpul agl ggTA aouepa000e uT ' poTaad aeaA ( £ ) aeagq 2 ao; 6uTaoltuom 9aogs33o pue aaogsaeau ' aaogsuo gonpuoo oq s99162 aalgTmaad aqy • 9 • pagonpuoo aq gsnw suoTlTPuoo asaqq Aq paaTaa 6uTaolTuoAu • anaToq snm Twaad quanbasgns Aq paTJTPoao anog2 Palegs se 2Taagtao ssaoons ' xaom goesm ;o uoTgaTdmoo 6uTAOTTo,3 • sgao; ; a uoTge6TlTm uodn paaa6e aaggo ao/pule u6Tsapaa aqg quamaldmx gsnm aaggTuuad aqq uoTleoT ; TPom gTmaad aqq ;o aouenssT pue Tenoadde sdxo, go uAep 0g uTggTM • panaTgoe aq ITTM eTaalTao ssaoons aqq legqos 29au uoTgle6TlTm mogaT -COWTlae . agl ;o guawaoleTdaa ao/pue u6Tsapaa aqq aoj suleTd ;o las agaldwoo a uTeguoo pule eanTTe; ;o asneo pue adkg aql 6utgtaosap aATgleaaeu a apnjouT lsnm uoTlleoTTdde aqy • uoTgeaao ; aaa paTTe ; aqg ggTM pagleToosse uoTgoun; ;aaa ;o ssoT T2aodwaq aqq ao; alesuadmoo og uoTIVSTITw TleuoTITPPB apnTouT TZTM Tesodoad uoTgle6TgTm ag2uaagTle aqq ' osly • Tesodozd uoTle6TITw AzolesuadmoD ag2uaagTe aqq alvMUT TTTM aaggTwaad aqq . ' Tenoadde sdao, ;o sAep 0 £ uTggTM - Tesodoad uoT426TITw Aiogesuadmoo 942ua94Tle aqg anoadde pue ' puame ' agenTeAa ATIn; oq gg6Ta aqg saeaasaa sdaoD agy • poTaad 6uTaogTuom aqq ;o uoTgeuT=9l aqg 6uTMoTTo; steep .` 0 £ uegg aageT ou uotleaT ; TPow gTunaad a ao; sdaoD aqq og ATddle lsnm aaggTwaad aqg aAoge pallels se paaan000 :jou seq moggogpaeq T2ToT ; Tgae aqq ;o quamgsTTg2qsa Tn; ssaoons ;T glegq 89926R 9914Tmaad agy • 5 • adAl goea ;o s ;aaa Toaluoo pue uoTgle6T4Tm uaaAgaq saToads ; o saapao aouepunge Xulea aqq uT 90u9a9; ; Tp lu20T ; Tu6Ts ou 30 6uTpuT ; 2 aq IIT "► aingonals AgTunwmoa 6uTTno; avlTmTs 2 6uTgsTTgegs9 uT s ; aaa uoT4le6TlTw aqg ; o ssaoons 20; VTaagTao 9qy • Panatgoe uaaq seq sadAq ;aTTaa 6uTpuodseiaoo ;o s ; aaa To.zquoo aqq ;o gegg ulegq 899T % SZ uegg aaom lou sageagagaaauT pule 92612 ;o aanoo luaoaad Tlegol 2 uagM paaan000 aA2g ITTM w044ogp12q TRTOTJT412 aqq 90 luawgsTTgslsa In; ssaoons aqq gegq saaa6e aaglTmaad aqL • PalaTdmoo aq TTTM savQA ( £ ) aeagg ;o poTaad a ao; slaodaa Tenuue pue laodaa auTTaseq y • aouaaa; aa SE uTaaaq paleaodaoouT usrd uorgebrgry� gOaCosd uorgeaolsag g0Vag Zj3 r szogoas A:luno) .zanrZr ulerpul aqq ggTM aoulepa000le uT 2922 woggoq - Paeq T2ToT ; Tlae aql ;0 6uTaogdruow ganpuoo of saaa6e aaglTwaad aqy • t • sasleaaouT uoTl26TITw ;o a6leaao2 aqq pule uoTgonagsuoo ITT ; goleaq aqq aaq ;e p910Tdw0o gig ( SI - dI ) ZLSTOOOOZ = 011 qT=sd SZtmOISSimm xJ.t non r1O a"os 7LSN11OO uxAzu xviaui s aaggT=9d Y ' • Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMKISSIONERS Permit No : 200001872 ( IP - IS ) Page 6 ( video ) , marine turtle nearshore transect surveys , and dredge pipeline corridor monitoring , prior to the commencement of the authorized activity . 8 . The permittee agrees that should the pre - construction monitoring data collection take place during the fall , winter or spring months , the biological monitoring as described in special condition # 7 and discussed in Indian River County Sectors 1 & 2 Beach Restoration Project Biological Monitoring Plan (Attachment # 7 ) will be performed semi annually for two subsequent years post - construction . The monitoring data shall be collected as close as practical to the same dates the pre - construction monitoring data was collected and the initial summer post - construction monitoring data was collected . The permittee agrees that one additional biological monitoring event will occur during the - summer of the third year post - construction . 9 . The permittee agrees that should the monitoring of nearshore hardbottom habitats reveal that additional impacts have occurred , additional mitigation in the form of artificial hardbottom creation will be required . The permittee agrees to submit a modification to the Corps for a permit modification no later than 30 days following the termination of the monitoring period . The Corps reserves the right to fully evaluate , amend , and approve the compensatory mitigation proposal . Within 30 days of Corps approval , the permittee will execute the compensatory mitigation proposal . Also , the mitigation proposal will include additional mitigation to compensate for the temporal loss of nearshore hardbottom habitat function associated with the additional impacts . 10 . The permittee agrees that each monitoring report must include the following items : ( 1 ) the Department of the Army Permit number , W - the sequence number of the report being submitted , ( 3 ) the date the next report is expected to be submitted , and ( 4 ) a . brief summary of the status of the mitigation including . any problems encountered and the remedial actions taken . 11 . The permittee shall work with the NMFS and the USFWS to continue to develop and update monitoring protocol to include criteria to assess the effectiveness of the artificial hardbottom in replacing the r ecological functions of nearshore natural hardbottom habitats impacted Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) Page 7 by beach dredge and fill projects . Factors such as indices of recruitment , mortality , and size structure of fish and selected marine invertebrates should be included in the assessments of artificial reefs and should be compared with nearby , natural hardbottom reefs . The permittee will provide a draft supplemental monitoring plan if needed , to the Corps Merritt Island Regulatory Field Office for review and approval . 12 . The permittee agrees to include monitoring of the geogrid material , if applicable , in the annual mitigation monitoring reports to assure the geogrid material is functioning as designed . Any changes to the material ( i . e . , exposure , deterioration , etc . ) shall be reported to the Corps for review . Should the geogrid material not function as designed the Corps may require corrective measures or modification of the design . 13 . The National Ocean Service ( NOS ) has been notified of this authorization . You must notify NOS and this office in writing at least 2 weeks before you begin work and ' upon completion of the activity authorized by this permit . Your notification of completion must include a drawing , which certifies the location and configuration of the completed activity ( a certified permit drawing may be used ) . Notifications to NOS will be sent to the following address : The Director , National Ocean Service ( N/CS26 ) , 1315 East -West Highway , Silver Springs , Maryland 20910 - 3282 . 14 . The permittee agrees to submit an annual report by December 31 of each year the monitoring program is in place . A request for a final inspection should be submitted with the last mitigation monitoring report . The Corps will make the final success determination . 15 . The permittee agrees to provide the Corps with a monitoring plan for potential downdraft erosion along the shoreline within the mitigation area ( " Vero Covell ) for our review and approval . This plan will be submitted within 90 days of issuance of this permit instrument . The permittee agrees to establish a baseline prior to the deployment of the artificial hardbottom and , to submit annual monitoring reports for a three ( 3 ) year period .. 16 . The permittee agrees to conduct a towed video survey of the proposed borrow area and within a 400 - foot radius of the borrow area , with diver verification , to supplement the side - scan . sonar surveys previously performed . The data collected from this survey will be Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COM[ISSIONERS Permit No : 200001872 ( IP - IS ) Page 8 furnished to the Corps and USFWS ( see condition # 2 for addresses ) as well as the NMFS , Attn : George Getsinger , 6620 Southpoint Drive South , Suite 310 , Jacksonville , Florida 32216 - 0958 . 17 . The permittee agrees to reduce the dredge elevations , including overcut , to - 30 foot NGVD to avoid unsuitable sediments within the borrow area . 18 . ., The permittee agrees that all conditions of the DEP permit are made part of this authorization ( Attachment # 5 ) . 19 . -The permittee agrees to prepare a Programmatic Environmental Impact Statement for all future nourishment proposals within Indian River County including any additional nourishment intervals for Sectors 1 & 2 . 20 . The permittee shall comply with the attached standard manatee construction measures (Attachment # 8 ) . 21 . Theermittee agrees to instruct all construction P g personnel not to �. harm or harass any mouse species encountered within the project site . The permittee agrees to minimize impacts to beach mouse habitat by the- implementing the following measures : a ) The northernmost access point is within the Sebastian Inlet State Recreation Area , at approximately DEP Monument 2 . 5 . The permittee agrees not to clear or impact any vegetation outside the established firebreak corridor . The permittee agrees to erect a physical barrier along the perimeter of the firebreak to prevent. ipadvertent damage to adjacent vegetation . The permittee agrees to minimize the nighttime use of the access point ; b ) The second access point is also within the Sebastian Inlet State Recreation Area , at approximately R- 8 . The permittee agrees to erect turbidity barriers to protect the adjacent mangrove habitats to the south of the access entrance , and to erect a physical barrier to prevent equipment from inadvertently damaging adjacent vegetation or accessing a small sand road to the south of the access point . The - permittee also proposes to minimize the nighttime use of this access point ; and , c ) The third access point is located at approximately DNR monument R- 16 , at the Indian River County owned Ambersand Beach Access . The permittee agrees to erect a physical barrier along the perimeter of the designated access corridor to prevent equipment from inadvertently damaging adjacent vegetation . The permittee agrees to replant the access with appropriate dune vegetation following construction . '� Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) Page 9 22 . The permittee agrees to provide a planting plan /monitoring plan for dune restoration and enhancement of beach mouse habitat , for our review and approval within 90 days of issuance of this permit instrument . 23 . The permittee agrees to subject the designated pipeline corridors to diver - towed videography prior to construction . . Any portions of the pipeline directly crossing exposed nearshore hardbottom will be fitted with collars . The permittee agrees to include the results of the pipeline corridor monitoring with the first annual biological monitoring report . 24 . The permittee agrees to comply with the Standard Hopper Dredge Conditions , Jacksonville District Regulatory Division dated October 15 , 2002 ( attachment # 9 ) . 25 . The permittee agrees to subject certain specific areas of the project location to a limited survey . The areas selected for cultural surveys would be limited to heavy equipment access corridors , and booster pump locations as identified on the final construction. plans for the project . If significant cultural resources are identified in these selected areas the access points and/or booster pump locations will be relocated . In addition the permittee agrees to establishing 200 - foot buffer zones around two magnetic anomalies within the South Borrow area identified in a cultural resources survey Dr . Robert Baer entitled Submerged Cultural Resources Remote Sensing Survey Pursuant to Beach Restoration of Three Borrow Areas Offshore of Indian River County , Florida , CRAT No . 2000 - 10229 . The resultant survey report will be forwarded to: the Florida Department of State , Division of Historical Resources , Attn : Janet Snyder Matthews , PH . D . , . State Historic Preservation Officer , 500 S . Bronough Street , Tallahassee , Florida 32399 - 0250 , prior to the commencement of activities authorized in this permit instrument . 26 . within 60 days of the authorized work and completion of the artificial hardbottom , the attached Self - Certification Statement of Compliance must be completed and submitted to the U . S . Army Corps of Engineers ( attachment # 10 ) . Further Information : f Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) Page 10 1 . Congressional Authorities : You have been authorized to undertake the activity described above pursuant to : ( x ) Section 10 of the Rivers and Harbors Act of 1899 ( 33 U . S . C . 403 ) . ( x ) Section 404 of the Clean Water Act ' ( 33 U . S . C . 1344 ) . ( ) Section 103 of the Marine Protection , Research and Sanctuaries Act of 1972 ( 33 U . S . C . 1413 ) . 2 . Limits of this authorization . a . This permit does not obviate the need to obtain other Federal , State , or local authorizations required by law . b . This permit does not grant any property rights or exclusive privileges . c . This permit does not authorize any injury to the property or rights of others . d . This permit does not authorize interference with any existing or proposed Federal projects . 3 . Limits of Federal Liability . In issuing this permit , the Federal Government does not assume any liability for the following : - a . Damages to the permitted project or uses thereof as a result of other permitted or unpexmitted activities or from natural causes . b . Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest . c . Damages to persons , property , or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit . d . Design or construction deficiencies associated with the permitted work . Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY CoWaSSIONERS Permit No : 200001872 ( IP - IS ) Page 11 e . Damage claims associated with any future modification , suspension , or revocation of this permit . 4 . Reliance on Applicant ' s Data : The determination of this office that issuance of this permit is not contrary to the public . interest was made in reliance on the information you provided . 5 . Reevaluation of Permit Decision : This office may reevaluate its decision on this permit at any time the circumstances warrant . Circumstances that could require a reevaluation include , but are not limited to , the following : a . You fail to comply with the terms and conditions of this permit . b . The information provided by you in support of your permit application proves to have been false , incomplete , or inaccurate ( see 4 above ) . c . Significant new information surfaces ' 9n es which this office did 0. not consider in reaching the original public interest decision . Such a reevaluation may result in a determination that it is appropriate to use the suspension , modification , and revocation procedures contained in 33 CFR 325 . 7 or enforcement procedures such as those contained in 33 CFR 326 . 4 and 326 . 5 . . The ' referenced ' . enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate . You will be required to pay for any corrective measures ordered by this office , and if you fail to comply with such directive , this office may in certain situations ( such as those specified in 33 CFR 209 . 170 ) accomplish the corrective measures by contract or otherwise and bill you for the cost . 6 . Extensions : General Condition 1 establishes a time limit for the completion of the activity authorized by this permit . Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision , the Corps will normally give favorable consideration to a request for an extension of this time limit . Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : ' 200001872 ( IP - IS ) r� Page 12 Your signature below , as permittee , indicates that you accept and agree to comply with the terms and conditions of this permit . One index page and ten ( 10 ) attachments [ Drawings , USFWS BO , NMFS BO , NMFS RBO , DEP permit , Mitigation Plan , Monitoring Plan , Manatee _• . • . • , • , • , • , conditions , Hopper Dredge , Conditions Self Certification ) ) , totalin ' • ' : ' : • : • two hundred and twenty - four ( 224 ) pages , are affixed behind this g. ' : • : • ' • ' signature page . . • • . • ' • ' ( PERMITTEE ) ( DATE ) This permit becomes effective when the Federal official , designated to act for the Secretary of the Army , has signed below . ( DISTRICT ENGINEER ) ( DATE ) James G . May Colonel , U . S . Army Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) Page 13 When the structures or work authorized by this permit are still in existence at the time the property is transferred , the terms and conditions- of this permit will continue to be binding on the new owners ) of the property . To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions , have the transferee sign and date below . ( TRANSFEREE - SIGNATURE ) ( DATE ) (NAME - PRINTED ) (ADDRESS ) ( CITY , STATE , AND ZIP CODE ) Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit No : 200001872 ( IP - IS ) Page 14 Attachments to Department of the Army Permit Number 200001872(IP4S)- 1 . PERMIT DRAWINGS : Forty - four ( 44 ) pages , dated November 2002 . 2 . USFWS BIOLOGICAL OPINION : Sixty - six ( 66 ) pages 3 . NMFS BIOLOGICAL OPINION : Twenty - eight ( 28 ) pages 4 . NMFS REGIONAL BIOLOGICAL OPINION : Seventeen ( 25 ) pages 5 . WATER QUALITY CERTIFICATION : In accordance with General Condition number 5 on page 2 of this DA permit , the Florida Department of Environmental Protection , Consolidated Joint Coastal Permit and Intent to grant Sovereign Submerged Lands Authorization consists of nineteen ( 19 ) pages . 6 . INDIAN RIVER COUNTY SECTORS 1 & 2 BEACH RESTORATION PROJECT MITIGATION PLAN : Thirteen ( 13 ) pages . 7 . INDIAN RIVER COUNTY SECTORS 1 & 2 BEACH RESTORATION PROJECT MONITORING PLAN : Twenty - five ( 25 ) pages . 8 . STANDARD MANATEE CONSTRUCTION CONDITIONS : Two ( 2 ) pages , dated February 25 , 2002 9 . STANDARD HOPPER DREDGE CONDITIONSJACKSONVILLE DISTRICT , * REGULATORY DIVISION : Eight ( 8 ) pages dated October 15 , 2002 10 . SELF - CERTIFICATION STATEMENT OF COMPLIANCE : One ( 1 ) page • • a e 7 e A a h - h �� Al,A _ _ i -'�`• ti zap � � _ � - /� >� _ e-- - _ s< >v •?, ;, . . .. _ � . .. .. . ';.. : .. ^ e-rr."v. .., �.-, . S` >_ € .^r" � . v'>-. ;x-_ �c-� � a _:�� %PS.-�- .._ 7�� ''r. . ;ec, '` �.� X/ � �_ ex 16 • -o-- ,-- . - . -�.�S�y � tx. "k` ,:r .= r°' rr ar_a!az .i _�.:.. � � i . a -. :. , wC %c::. . ,_. -. ,::.,, �,4.r� . .;� '� `'a��T`� rt _'tic -.a ::$::: � ..,.�.. 3; rr uJc � ':: � � r •:i• is x , ..;aim'_r.,yrr... .•. , �� • ..� - -^4+"" ;na-. '^,dt �.'tb . — t �' s.:1.4.. � ,t - „3..� ??S : >,_ ti's :,`x. �aeA 2•S' '" � `r.;.`n `ice' 'G.- .,yq. �� - � f - c .., o y a 1 •• aR", :�._�+^. .: ny� *t"5n 'a?Si /, rP�r - ai °�h`� .r"Z" .:-`.. `� � Ya �' :.e_ �`&r'��s k�v �. (y+c,��,� d .: 14. „ � _.- -v � i ' .'F � � :1 y, ti . . �� ., �- - _r, aJ. s �ijT '•-�: 5:. . -<a� �S"Y�v ra:>' �F � • ,w ,t�.o. .'^ 'ni 2a y+ri. m Y " • t .. iat. ..... 1.. r '.h4 ei . .::: ni':, 't _ FP.< m. a S P� 4 ! • \ - l . � 1 / �g•jl' .. ...u�.uP tl. :._ . _„z - ,. .___ ♦ ,�_._ : 5 n_ -:' .. � 5 .:` a _ Mv4'o r '. � �:..Y Kim <§"'t'� Y I i s�.:ex—.R.. - .t•^m u ..> *v+c.�_. £�� _._ 4a _._. :- . -. ::: <• m < -�. .v J �� _.<y .. 1. ..,. ". .:. � ._ _ . ^a`� i •2 i , CJP Y ._ 1 . . . .. . �4`'�r•., ti � . . , ( i v • A t ' .� � 3 _. .. <.. : � " . . . :.. ..... . .a • 'uc . E . �� . + a , .:.. . s . . _.. ,Pr w. - �e 1 q � _ )) 4 , CD uj mob g ,. _ . L-.. r._ s a.:::, k :. - � _; '.. . • x > ' $ .: - `t S. ,> � `.'"S �- ��. i � e A .. �: • • • �^'F� p, > i • :r , � 2 , _: .: ' :. ._, Y isl . .' -_,.,< _ . ::/ .�-x— .. . . < • � s . . - - � � � .ar. �.; t _ _ � �k:: -{ .g F. ; .� ::3 x' �. . .� "'��:.., : ms's:-: - wd F 'z «, e .:s \ sI - r �, 3 . ,a�m sJ . .. .i'. S '..._ :1 .a.� � i N , y i ?, : .i �'b 1 i. 'z ;£, Y j .�_.i_:.s� e ._c � r.r< • 'w�+<g. _y . y ,::_'. »•"... ^. ,.� .. . £ . • *_, it _ n. • 1 '. . n4_ aiAV ae £ ! 1 1' y_, r2 l r.a3'.�'_e 'riS } '.Li . _ • g � x +4 . /Y.�_ sit.. .Ja . �- iS' : .. ... . :- . .. -..... . : . a .ems .. e ..ayy i ¢ / - uSe eta [ 'S^ • [; • 1 Sf PYF °.- . a. a. '.-:� ni liiry : =" � . . �plpk�! ' . . . ' .. " F t trrn • P a nV - e .a. iS.p. "+r:=..' e _ P .. [L• i Sc Ste. � ' � ut j: / -f ... \ ,^�'L . :a . 4 d� „Y. _ - � j _ •