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CITY OF SUNNY ISLES BEACH
PROJECT:
SEAWALL RESTORATION & REPLACEMENT;
183rd ST. SEWALL, ATLANTIC AVE. SEAWALL &
ATLANTIC AVE. BRIDGE REVETMENT
Contract Documents
and
Specifications
Engineer:
CHIC/IeraAssoelates,1,Ne.
Ceasta/flgineers
330 Clematis St, Suite 214
Nest Palm Beach, Florida 33401
Voice: (561) 832 — 8121
Fax: (561) 832 — 6998
TABLE OF CONTENTS
CITY OF SUNNY ISLES
SEAWALL REPLACEMENT & RESTORATION
C &A Project No. 03 -135
City of Sunny Isles Beach Bid No. 04 -01 -01
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
CONTRACT
DOCUMENTS
00020 Notice to Bidders
00100 Instructions to Bidders
00300 Bid Form
00401 Bid Bond
00402 Public Entity Crimes Affidavit
00403 Trench Safety Act
00420 Information Required from Bidders
00500 EJCDC Standard Form of Agreement
00600 Payment Bond
00601 Performance Bond
00650 Acknowledgment of Conformance with O.S.H.A. Standards
00700 General Conditions
00800 Supplementary Conditions
00900 Addenda
SPECIFICATIONS
— SITE PREPERATION
- EARTHWORK
-CONCRETE
— SITE RESTORATION
CONSTRUCTION DRAWINGS
BOUND SEPARATLEY
RJC 10/03/ SUNNY ISLES i
NOTICE TO BIDDERS
NOTICE
INVITATION TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH is seeking sealed bids for the following work as specified.
SEAWALL REPLACEMENT & RESTORATION
18) St. Seawall Replacement,
Atlantic Avenue Seawall Restoration &
Atlantic Avenue Bridge Revetment Restoration
C &A Project No. 03 -135
City of Sunny Isles Beach Bid No. 04 -01 -01
Sealed bids for the construction of the SEAWALL REPLACEMENT & RESTORATION
consisting of 183`d St. Seawall Replacement, Atlantic Avenue Seawall Restoration & Atlantic
Avenue Bridge Revetment Restoration will be received by the City of Sunny Isles Beach.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be
received by the City Clerk until 10:00 a.m., on Thursday, March 4, 2004 at the City of Sunny
Isles Beach, City Hall located at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida,
33160. Each bidder must submit one original and five (5) conies of the complete bid package.
The envelope containing the sealed bid must be clearly marked "IMPORTANT -BID
ENCLOSED FOR SEAWALL REPLACEMENT & RESTORATION BID NO. 04 -01 -0] ".
Faxed or e- mailed bids will not be accepted. Bids received after this time will be returned
unopened. Bids submitted will be opened publicly and read at this time.
A MANDATORY PRE -BID Conference is scheduled for 10:00 a.m., Thursday, February 19,
2004 at the City of Sunny Isles Beach, City Hall located at 17070 Collins Avenue, Suite 250,
Sunny Isles Beach, Florida, 33160 (305) 947 -0606. ALL CONTRACTORS PLANNING TO
SUBMIT A BID ARE REOUIRED TO ATTEND THIS MEETING Contractors should
allow sufficient time to ensure arrival prior to the indicated time. Bids from those who have
failed to attend will not be accepted. Contractors arriving past the indicated time will not be
eligible to submit a bid.
Bidders may obtain complete sets of Bidding Documents from the City Clerk's Office at 17070
Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160 upon payment of $95.00 per set,
check payable to The City of Sunny Isles Beach. Payment amount is non - refundable. Partial sets
of Bidding Documents will not be available. If bidding documents are to be mailed, an
additional separate payment of $30.00 for each set to cover shipping and handling, shall be made
payable to the City of Sunny Isles Beach. Payment in full musts be recived by he City Clerk's
Office prior to the issuance of the Bid Documents.
Bid security in the amount of five percent (5 %) of the Total Bid must accompany the Bid in
accordance with the Instructions to Bidders.
The City of Sunny Isles Beach reserves the right to reject any or all Bids, with or without cause,
to waive technical errors and informalities, and to accept the Bid, which best serves the interest
of the City of Sunny Isles Beach.
Jane Hines
City Clerk
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BID INFORMATION
1
SECTION 00100
INSTRUCTIONS TO BIDDERS
1. DEFINITION OF TERMS
1.1 Bidding Documents - these include the Advertisement for Bid, Instructions to
Bidders, Bid Form, sample bidding and contract forms, proposed Contract
Documents as defined in the General Conditions and any Addenda issued prior
to receipt of bids.
1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder offers to
perform the Work as described in the Bidding Documents.
1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of
measurement for materials or labor as described in the Bidding Documents.
1.4 Addenda - written and graphic documents issued by the Engineer prior to the
execution of the Contract to modify or interpret the Bidding Documents.
2. BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of the
Engineer as stated in the Advertisement for Bid.
2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation of
Bids; neither the Owner nor the Engineer assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
2.3 Bidding documents consist of this project manual along with the following
construction plans titled:
a. Seawall Replacement & Restoration
C&A Project No. 03 -135
City of Sunny Isles Beach Bid No.04 -01 -01
3. EXAMINATION OF DOCUMENTS AND SITE
3.1 Bidders shall visit the site of the proposed work and become familiar with the
nature and extent of work to be performed and local conditions that may affect
the work.
3.2 The Bidding Documents were prepared to present an essentially accurate
representation of existing conditions interpreted from available information on the
site. The Bidder is not relieved, however, of the responsibility of becoming fully
informed as to existing conditions at the site.
3.3 Bidders shall examine existing site improvements, and conditions, utilities, and
streets to determine all conditions which will affect the Work.
RJC 08/03 00100 -1 03 -135
1.
4. INTERPRETATION OF BIDDING DOCUMENTS
4.1 All questions requiring clarification or interpretation of the Bidding Documents
shall be made in writing and shall reach the office of the Owner at least 5 days
prior to the date for receipt of bids. Direct all requests to the attention of the
Project Engineer at Cutcher & Associates, Inc. (561) 832 -8121
' 4.2 Any modification or interpretation of the Bidding Documents will be made by
Addendum to all who are recorded by the Engineer as having received a
complete set of Bidding Documents.
4.3 Interpretations or modifications of Bidding Documents made in any manner other
than by Addendum will not be binding.
4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all
Addenda issued and shall acknowledge their receipt in the Bid Form.
5. SUBSTITUTIONS
5.1 Bidders represent that their Bid is based upon the materials and equipment
described in the Bidding Documents.
5.2 Requests for substitutions will be considered prior to receipt of bids if they reach
the Engineer at least 5 days prior to the date for receipt of bids.
5.3 Acceptance by the Engineer of a proposed substitution will be issued in the form
of an Addendum or Substitution Request Form.
6. QUALIFICATION OF BIDDERS
6.1 If requested, the Bidder shall submit to the Engineer, prior to award of contract, a
properly completed Contractors Qualification Statement along with any other
evidence of his satisfactory experience and ability to perform the proposed Work.
6.2 If requested by the Owner, the Bidder shall submit a certified financial statement,
prepared within the past 30 days, indicating current financial resources, liabilities,
capital equipment, and past history performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a. Reason to believe that collusion exists among Bidders.
b. Determination of lack of competency as may be revealed by qualification
statements, financial statements, experience records, or other question-
naires.
C. The Bidder's uncompleted work load which in the judgement of the
Owner, may cause detrimental impact on prompt completion of this
project.
d. The Bidder is involved in any litigation against the Owner.
e. The Bidder has defaulted on any previous contract or is in arrears on any
existing contract.
RJC 08/03 00100 -2 03 -135
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f. The submittal of more than one proposal from an individual, firm,
partnership, corporation or association under the same or different
names.
6.4 It shall be a requirement of this bid that there are no related party transactions
between the bidder and any employee, agent or contractor of the City of Sunny
Isles Beach. Any bidder who is a related party, as noted herein, will be
considered nonresponsive and the proposal and bid bond will be immediately
returned. A bidder will be considered a related party if the bidder has an
ownership interest or is in any way related to an employee, agent, consultant or
contractor of the City, is a sub - consultant of an employee, agent, consultant or
contractor, and can influence the management or operating policy of the other to
an extent that one of the transacting parties might be prevented from fully
pursuing its own separate interests.
PERFORMANCE OF WORK BY CONTRACTOR
7.1 The Contractor shall perform on the site and with his own forces, work equivalent
to at least forty percent (40 %) of the total amount of work to be performed under
this contract. After the contract is awarded, and during the progress of the work,
the Owner reserves the right to reduce the percentage of work performed by the
contractor's own forces.
BID PREPARATION
8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid
Form filled in by typewriter or written in ink.
8.2 State total base bid amount in both words and figures. In case of a discrepancy
between the two, the amount written in words shall govern.
8.3 Bids shall include the legal name and address of the Bidder and indicate whether
the Bidder is a sole proprietor, a partnership, a corporation, or other legal entity.
a. Individual - provide name and post office address.
b. Partnership - provide name and post office address of each member of
the partnership.
c. Corporation - provide name and post office address of person signing the
form and legal evidence of his authority to do so; names and addresses
of the corporation president, secretary and treasurer; name of state where
chartered: and affixed with the seal of the corporation, attested by the
secretary.
8.4 Bids shall include documentation required by the Florida "Trench Safety Act."
The Trench Safety Act form is included within the Bid Form Section for
completion by the Contractor and review by the Owner. The unit prices
presented in the Bid shall include the Bidders cost of compliance with the
applicable trench safety standards.
8.5
All Unit Price Bids requested on the Bid Form shall be bid.
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BID SUBMITTAL
9.1 Submit one copy of the Bid Form, the bid security, the list of Subcontractors, and
other requested attachments, enclosed in a sealed opaque envelope, addressed
to the entity receiving the bids as stated in the Advertisement for Bids. The
envelope shall be further identified with the Project name, the Bidder's name and
address, and the words "BID ENCLOSED ".
9.2 Deposit Bids at the designated location on or before the time and date for receipt
of Bids indicated in the Advertisement for Bids. Bids received after the time and
date indicated for receipt of Bids will be returned unopened.
BID SECURITY
10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or
National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally
to the Owner, in an amount of five percent (5 %) of the amount of the total Bid.
10.2 Failure of the successful Bidder to enter into the Contract in accordance with his
Bid, or failure to furnish the required bonds will be just cause for an annulment of
the award with the amount of the bid security being forfeited to the Owner as
liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable Surety companies shall be determined
from the latest United States Treasury Department's list of companies holding
certificates of authority as acceptable Sureties on Federal Bonds. Requirements
for Acceptable Surety Companies are outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award may
be considered until successful execution of the Contract and bonds; or the
specified time for holding bids has elapsed; or all Bids have been rejected.
MODIFICATION AND WITHDRAWAL OF BID
11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but
may not resubmit it. Bids may not be modified after submittal.
11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a
period of 90 days after the time and date designated for the receipt of bids.
OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and place
stated in the Advertisement for Bids.
GOVERNING LAWS AND REGULATIONS
13.1
Bidders shall be familiar with all federal, state, and local laws, ordinances, rules,
and regulations that may in any way affect the Work.
RJC 08/03 00100 -4 03 -135
13.2 Trench Safety Act: The Occupational Safety and Health Administration
excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project. In
compliance with current State of Florida statutes, the Bidder shall provide
documentation required by the Florida Trench Safety statute to the Owner, in
conjunction with the Bid Form.
14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially complete by
the date set forth in the Agreement. The Contractor (and his Surety) shall be
liable for liquidated damages in accordance with the Supplementary Conditions
and the Agreement.
15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
15.1 With the execution and delivery of the Contract, the Bidder shall fumish the
following Surety bonds of the forms contained herein:
a. Performance Bond guaranteeing full and faithful execution of the Work in
an amount equal to 100 percent of the Contract Sum, and including
guaranteed repair and maintenance of all defects due to faulty materials
and workmanship that appear within one year after completion of
contract.
b. Labor and Material Payment Bond guaranteeing full and proper protection
of all claimants supplying labor and materials in the Work in an amount
equal to 100 percent of the Contract Sum.
15.2 Bonds shall be executed by Surety authorized to do business in the State of
Florida and listed on the latest U.S. Treasury Department list of companies
holding certificates of authority as acceptable sureties on Federal Bonds.
' 15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed
thereto a certified and current copy of Power of Attorney, indicating the monetary
limit of such power.
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a Surety
Company of recognized standing, authorized to do business in the State of
Florida and having been in business with a record of successful continuous
operation for at least (5) years.
In addition to the above — minimum qualifications, the Surety Company must
meet the following additional qualifications.
RJC 08/03 00100 -5 03 -135
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a. The City will accept a surety bond from a company with a rating of B ++ or
better for bonds up to $1 million, provided, however, that if any Surety
Company appears on the watch list that is published quarterly by
Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the Surety Company based on the
financial information available to the City. A Surety Company that is
rejected by the City may be substituted by the bidder or proposer with a
surety company acceptable to the City, only if the bid amount does not
increase.
b. The Surety Company shall have at least the following minimum ratings:
Amount of Bond Policyholder's Rating Financial Size Category
100,000 to 1,000,000 B ++ Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
2,000,001 to 5,000,000 A Class VII or higher
C. All Surety Companies are subject to review and approval by the Owner
and may be rejected without cause. All bonds signed by an Agency must
be accompanied by a certificate of authority to act.
15.5 The Surety Company shall submit verification from the Department of Insurance
Office of the Treasurer stating the surety company's license and certificate of
authorization to do business in the State of Florida.
16. SUBCONTRACTOR LIST
' 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal portions of
the Work. Submit list on form provided by the Engineer.
' 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have
an objection to any person or entity listed. Upon such reasonable objection, the
' Bidder shall propose an acceptable substitute person or entity in accordance with
Article 6.06 of the General Conditions.
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BID PROTEST
17.1 A notice of intent to award a contract ( "Notice of Intent to Consider Award ") shall
be posted in the City Hall lobby not less than seven calendar days prior to award of
the contract by the City Commission.
17.2
IRJC 08/03
After a Notice of Intent is posted, any actual bidder who is aggrieved in connection
with the pending award of the contract, or any element of the process leading to
the award of the contract, may protest to the City Manager or his /her designee. A
complete protest must be filed within five business days after posting or any right
to protest is forfeited. The protest must be in writing on forms provided by the City,
must identify the name and address of the protester, and must include a factual
summary of, and the basis for, the protest. Filing shall be considered complete
00100 -6 03 -135
when a completed protest form is received by the City Manager or his /her
designee and the required protest deposit (see paragraph (F) below) has been
paid.
17.3 A protest committee shall have the authority to review the protest and recommend
to the City Commission whether to sustain or reject the protest. The protest
committee shall be comprised of the Director of Financial Services (the "Director"),
the City Manager or his /her designee, and the director or designee of the
department or office for which the contract is to be awarded ( "affected director').
The committee's review shall be informal. The Director, or the affected director,
shall serve as the chairperson of the committee. The City Attorney or designee
shall be counsel to the committee.
17.4 If the protest committee determines that the pending award of a contract, or any
element of the process leading to the award, involved a significant violation of
law or applicable rule or regulation, it shall recommend to the City Commission
that the protest be sustained. If the committee determines that the protest is
without merit, the City Manager or his /her designee shall issue a decision in
writing stating the reason for the decision and furnish a copy to the protester and
any other interested party. Thereafter the process leading to the award shall
proceed forthwith.
17.5 In the event of a timely protest, the City Manager or his /her designee shall stay
the award of the contract unless, after consulting with the City Attorney and the
affected director, he /she determines that the award of the contract without delay
is necessary to protect substantial interests of the city.
17.6 The city shall require a deposit from a protester to compensate the City for the
expenses of administering the protest. If the protest is decided in the protester's
favor, the entire deposit shall be returned to the protester. If the protest is not
decided in the protester's favor, the deposit shall be forfeited to the city. The
deposit shall be in the form of a cashier's check and shall be in the amount of 1 %
of the amount of the pending award, with a minimum deposit of $500 and a
maximum deposit of $10,000.
1 18. CONTRACT AWARD AND EXECUTION
' 18.1 Until final award of Contract, the Owner reserves the right to reject any and all
Bids, with or without cause; to waive any informality or irregularity; or to accept
the Bid which is in the best interest of the Owner.
18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total
Base Bidder whose Bid is in conformance with the Bidding Documents and does
not exceed the funds available.
18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall
deliver the executed Contract, along with required bonds and any other items re-
quested, to the Owner within 10 days. Failure to do so will be deemed as a
breach of agreement by the Bidder and result in forfeiture of bid security as
described in the Instructions to Bidders.
RJC 08/03
00100 -7
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18.4 The Owner reserves the right to hold all proposals and bid guarantees for a
period not to exceed 90 days after the date of bid opening stated in the
Advertisement for Bids.
18.5 The award of the contract, if it is awarded, will be to the lowest responsible total
base bidder whose qualifications indicate the award will be to the best interest of
the Owner and whose proposal shall comply with the requirements of the
Contract Documents. Time is of the essence for this project and the time limits
set in the proposal, if set by the bidder, will be accorded weight by the Owner in
the determination of the best proposal. In no case will the award be made until
all necessary investigations have been made into the responsibility of the low
bidder and the Owner is satisfied that the bidder is qualified to do the Work and
have the necessary organization, capital and equipment to carry out the
provisions of the contract to the satisfaction of the Owner within the time
specified.
18.6 If the Contractor feels that a problem exists either prior to, or during the bid
opening, he shall contact the City (within 24 hours of the bid opening) and follow
the Citys' current policy for bid protests.
18.7 The Owner reserves the right to award as a total contract any combination of the
Unit Price Bid Schedule Items that would be in the best interest of the Owner.
19. CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300,
for this purpose only. The Contractor shall not proceed on any additional work to
be covered by allowances until authorized in writing by the Engineer. Such work
1 shall be approved by the Owner, shall be within the scope of work defined by this
Contract and shall not exceed the amount indicated in the Bid Form. Any
amount remaining in the Cash Allowance will be retained by the Owner.
END OF DOCUMENT
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' DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
I' SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
BID
BID DUE DATE:
PROJECT (Brief Description including Location):
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms
printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative.
BIDDER SURETY
(Seal)
Bidders Name and Corporate Seal
By:
Signature and Title
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest: Attest:
Signature and Title Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
' (2) Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
IBid Bond 00401 -1 03 -4122
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of Bidder's
bid and the total amount of the bid of the next lowest,
responsible and responsive bidder as determined by Owner
for the Work required by the Contract Documents, provided
that:
1.1. If there is no such next lowest, responsible and
responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2. In no event shall Bidder's and Surety's obligation
hereunder exceed the penal sum set forth on
the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder
to deliver within the time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) the
executed Agreement required by the Bidding Documents
and any performance and payment bonds required by the
Bidding Documents and Contract Documents.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder delivers
within the time required by the Bidding
Documents (or any extension thereof agreed to
in writing by Owner) the executed Agreement
required by the Bidding Documents and any
performance and payment bonds required by
the Bidding Documents and Contract
Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to Bidder
within the time specified in the Bidding
Documents (or any extension thereof agreed to
in writing by Bidder and, if applicable, consented
to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after receipt
by Bidder and Surety of written notice of default from Owner,
which notice will be given with reasonable promptness,
identifying this Bond and the Project and including a
statement of the amount due.
IBid Bond
5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue notice
of award agreed to in writing by Owner and Bidder, provided
that the total time for issuing notice of award including
extensions shall not in the aggregate exceed 120 days from
Bid Due Date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default required
in paragraph 4 above is received by Bidder and Surety and
in no case later than one year after Bid Due Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction located
in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent
by personal delivery, commercial courier or by United States
Registered or Certified Mail, return receipt requested,
postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attomey evidencing the
authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver
such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall
be deemed to be included herein as if set forth at length. If
any provision of this Bond conflicts with any applicable
provision of this Bond conflicts with any applicable provision
of any applicable statute, then the provision of said statute
shall govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer or
proposal as applicable.
00401 -2
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SWORN STATEMENT PURSUANT TO SECTION 287.133 (3 )( a ),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to
by
for
[print name of the public entity]
[print individual's name and title]
[print 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. 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 an agency or political subdivision of any other state or of 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.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statues,
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.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. 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.
I Form PUR 7068 (Rev. 06/11/92) 00402 -1
03 -4122
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has 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 its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has 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 its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
I any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. [attach a copy of the final order]
' I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT
IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this day f
y , 20_
Personally known
OR Produced identification Notary Public - State of
My commission expires
(Type of identification)
(Printed typed or stamped
commissioned name of notary public)
IForm PUR 7068 (Rev. 06/11/92) 00402 -2 03 -4122
DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to comply with this requirement may cause its
rejection. Additional sheets shall be attached as required.
1. Contractor's Name /Address:
2.
3.
4
5
C'1
7
0
Contractor's Telephone Number:
Contractor's License:
Primary Classification:
Number of years as a Contractor in construction work of the type involved in this Contract:
List the names and titles of all officers of Contractor's firm:
Name of person who inspected site or proposed work for your firm:
Name:
Date of Inspection:
What is the last project of this nature you have completed?
Have you ever failed to complete work awarded to you; if so, where and why?
RJC /10/03 /SUNNY ISLES 00420 -1 03 -4122
9. Name three individuals or corporations for which you have performed work and to which you refer:
10. List the following information concerning all contracts on hand as of the date of submission of this
proposal. (In case of co- venture, list the information for all co- ventures).
NAME TOTAL CONTRACTED %
OF CONTRACT DATE OF COMPLETION
PROJECT CITY VALUE COMPLETION TO DATE
(Continue list on inset sheet, if necessary)
11. What equipment do you own that is available for the work?
12. What equipment will you purchase for the proposed work?
NOTE: Attach additional sheets if required.
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
RJC /10/03 /SUNNY ISLES 00420 -2 03 -4122
LIST OF SUBCONTRACTORS
The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this
Contract in excess of one -half percent of the total bid price, and shall also list the portion of the work which
will be done by such Subcontractor. After the opening of Proposals, changes or substitutions will be allowed
with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed.
Work to be Performed Subcontractor's Name /Address
1.
4
3.
4
a
7.
L•3
la
10.
NOTE: Attach additional sheets if required.
RJC /10/03 /SUNNY ISLES 00420 -3 03 -4122
CONTRACT INFORMATION
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 2003 by and between
CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and
hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows: Seawall Restoration & Replacement (which includes)
- 183`d St. Sewall Replacement
- Atlantic Ave. Seawall Restoration
- Atlantic Ave. Bridge Revetment Restoration
Article 2. ENGINEER.
The Project has been designed by: Cutcher & Associates, Inc.
Coastal Engineers
330 Clematis St., Suite 214
West Palm Beach, Fl 33401
(561) 832 -8121
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1. The work will be substantially completed within 60 days after the date when the Contract
Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed
and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 75
days after the date when the Contract Times commence to run.
3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the
Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Three Hundred and 00/100 dollars ($300.00) for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in paragraph
3.1 for completion and readiness for final payment or any proper extension thereof granted
by OWNER, CONTRACTOR shall pay OWNER Three Hundred 001100 dollars ($300.00)
for each day that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
RJC/ 08 /03/ SUNNY ISLES / EJCDC 1 03 -4122
� I
Article 4. CONTRACT PRICE.
' OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, a Lump Sum of: N/A
($ )
(use words) figures
All specific cash allowances are included in the above price and have been computed in
■ accordance with paragraph 11.02 of the General Conditions;
s plus
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as indicated in
this paragraph 4.2:
UNIT PRICE WORK
ESTIMATED UNIT TOTAL
NO. ITEM UNIT QUANTITY PRICE ESTIMATED
Refer to Exhibit "A" ( -)
TOTAL OF ALL UNIT PRICES
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.6 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the last day of each month during construction as provided in paragraphs
5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the
number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.
IRJC/ 08/03/ SUNNY ISLES /EJCDC 2 03 -4122
II
90 % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed.
90 % (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.02 of the
General Conditions and within Section 9-6.5 partial payments as provided in
FDOT Standard Specifications for Road and Bridge Construction.
' 5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by
the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase
to 98% of the contract price (with the balance being retainage), less such amounts as
ENGINEER shall determine, only after receipt of the final as- builts and upon substantial
' completion of the project and in accordance with Paragraph 14.02 of the General
Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of
the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
II RJC/ 08/03/ SUNNY ISLES /EJCDC 3 03 -4122
I
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 to10, inclusive).
8.2. Exhibits to this Agreement (page) inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and
consisting of 4 pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 1 to 42 , inclusive).
8.6. Supplementary Conditions (pages 0800 -1 to 00800 -7 , inclusive).
8.7. Specifications bearing the title and consisting of xx
- divisions and xxx pages, as listed in Table of Contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered xx through xx, inclusive with
each sheet bearing the following general title: SEE ARTICLE 9
8.9. Addenda inclusive.
8.10. CONTRACTOR's Bid (pages , inclusive).
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to
inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending, modifying
or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions.
RJC/ 08/03/ SUNNY ISLES /EJCDC
4
03 -4122
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall
be reformed to replace such stricken provisions or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
Consisting of _ pages and bound separately under the title:
City Of Sunny Isles Beach - Seawall Replacement & Restoration
9.5.2. The CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY
ISLES BEACH, CALVIN GIORDANO & ASSOCIATES, INC., Civil Engineers-Planners-
Surveyors, their agents and employees and CUTCHER & ASSOCIATES, INC, COASTAL
ENGINEERS, from or on account of any injuries or damages received or sustained by any person or
person during or on account of any operations connected with the construction of these roadway
improvements; or by or in consequence of any negligence in connection with the same; or by use of
any improper materials or by or on account of any act or omission of the said Contractor,
subcontractor, agents, servants, or employees; and
RJC/ 08/03/ SUNNY ISLES /EJCDC 5 03 -4122
9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000
for injuries, including willful death, to any one person and subject to those same limits for each
person, in an amount not less that $1,000,000 for damages as a result of each occurrence and
property damage insurance and in an amount not less than $1,000,000 for damages on any one
occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND
CALVIN, GIORDANO & ASSOCIATES, INC., Civil Engineers-Planners-Surveyors, their agents
and employees, and CUTCHER & ASSOCIATES, INC, COASTAL ENGINEERS, by making them
an additional insured, and shall not be modified or canceled without thirty (30) days written notice to
the CITY OF SUNNY ISLES BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together with
any modification or additions be delayed beyond the time herein set because of lace of performance
by the Contract, it is understood and agreed that aside from any other liquidated damage per day for
such delay from such time until the work is completed and accepted as herein provided, all costs of
engineering and inspection on behalf of the Owner will be charged to the contractor and deducted
from any estimate or payment otherwise due and payable to him from time to time. The costs of
engineering and inspection which may be charged to the Contractor by the Owner under this article
shall be equal to the Engineer's charges to the Owner.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This Agreement will be effective on , 2003 (which is the Effective Date of the Agreement).
ATTEST:
� I
� I
I I
I I
I I
I I
[CORPORATE SEAL]
By
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
II RJC/ 08/031 SUNNY ISLES /EJCDC 6 03 -4122
SIGNATURE PAGE FOR CONTRACTS /AGREEMENTS
CITY EXECUTIONS
IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement
or Contract) on the respective dates under each signature: City of Sunny Isles Beach through its
City Commission, signing by and through its Mayor, authorized to execute same by Commission
action on the day of ; and CONTRACTOR authorized to execute
same.
ATTEST:
Barbara D. Showalter, City Clerk
Approved as to form and legality by By:
Office of the City Attorney
By:
Lynn M. Dannheisser, City Attorney
day of ,20 --
CITY OF SUNNY ISLES BEACH, through its
City Commission
By:
David Samson, Mayor
day of 120 --
Christopher J. Russo, City Manager
day of 120 --
(CITY SEAL)
RJC/ 08/03/ SUNNY ISLES /EJCDC 7 03 -4122
CERTIFICATE AS TO CORPORATE PRINCIPAL
I certify that I am the of
and that
who signed the Bid with City of Sunny Isles,
Dade Countv Florida for
is
behalf of the Corporation.
Signed and sealed this
(SEAL)
, CGA Project No.
of said Corporation with full authority to sign said Bid on
day of 20
Signature
Typed w /Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of 520.
My Commission Expires:
Notary Public
RJC/ 08/03/ SUNNY ISLES /EJCDC 8 03 -4122
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, certify that I am the of
who
signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
, Calvin, Giordano & Associates, Inc.
Project No. , and that the following persons have the authority to sign
payment requests on behalf of the Corporation:
(Signature)
(Signature)
(Typed Name w /Title)
(Typed Name w/Title)
(Signature) (Typed Name w /Title)
Signed and sealed this day of , 20_.
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me this _ day of , 20_.
My Commission Expires:
Notary Public
RJC/ 08/03/ SUNNY ISLES /EJCDC 9 03 -4122
Construction Payment Bond
Any sin:ular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: S
Description (Name and Location):
SURETY (Name and Principal Place of Business):
PROJECT NAME
City of Sunny Isles Beach
Seawall Replacement & Restoration
BOND
Date (Not earlier than Construction Contract Date):
Amount: S
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
(Corp. Seal)
SURETY
Company
Signature:
Name and Title:
(Corp. Seal)
SURETY
(Corp. Seal) Company (Corp. Seal)
Signature:
Name and Title:
00600 -1 03 -4122
EJCDC No. 1910 -28B (1984 Edition)
Prenared through the inint effort, of the Cnrety Association of America_ Eneineem' Joint Cnntmct nncument.- Committee. The Accociated
I . The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
With respect to the Owner, this obligation shall be null and void if the
TtraCtOr:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all claims,
demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the Construction
Contract, provided the Owner has promptly notified the Contractor
and the Surety (at the address described in Paragraph 12) of any
claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a copy,
or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment
included in the claim stating, with substantial accuracy, the
amount of the claim and the name of the party to whom the
materials were famished or supplied or for whom the labor was
done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and enclosing
a copy of the previous written notice furnished to the
Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the Contractor
or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and
the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Contractor in the performance of the Construction Contract
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the
work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time,
to the Construction Contract or to relate subcontracts, purchase orders and other
obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the work or part
of the work is located or after the expiration of one year from the date (t) on
which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2
(iii), or (2) on which the last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice by
Surety, the Owner or the Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is, that
this Bond shall be construed as a statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Contract.
The intent of this Bond shall be to include without limitation in the
terms "labor, materials or equipment" that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in
the Construction Contract, architectural and engineering services
required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
EJCDC No. 1910 -28B 11984 Edition) 00600 -2 03 -4122
Prenared thmngh the inint efforts of the Suretv Association of America_ F.ngineem' Jnint Contract Documents C'nmmittee. The Associated
Construction Performance Bond
Any singular reference to Contractor. SureN., Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Flame and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: S
Description (Name and Location):
PROJECT NAME
City of Sunny Isles Beach
BOND Seawall Replacement & Restoration
Date (Not earlier than Construction Contract Date):
Amount: S
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
SURETY
(Corp. Seal) Company
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
Signature:
Name and Title:
(Corp. Seai)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910 -28A (1984 Edition) 00601 -1
Prenared thrnneh the inint effnrtc of the Surety Aasnciatinn of America_ F.nQineers' .mint (nntract Documents Committee. The A.csnciated 03 -4122
� I
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L
u
1
7
r—1
I. The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
7. If the Contractor performs the Construction Contract the Surety and the
mtractor shall have no obligation under this Bond, except to participate in
.inferences as provided in Subparagraph 3.1.
3. If there is no Owner Default the Surety's obligation under this Bond shall
arise after:
3.1. The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to discuss
methods of performing the Construction Contract If the Owner,
the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner
the amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner resulting from
the Contractor's default: or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
I. After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the Owner:
or
2. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days
after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part, without
further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4. 1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of thc amount of this Bond,
but subject to commitment by the Owner of the Balance of the Contract Price to
mitigation of costs and damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default and resulting from the actions or
failure to act of thc Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the
Contractor that are unrelated to the Construction Contract and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than the Owner or its heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time,
to the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall he instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shal l be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract.
12.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
00601 -2 034122
' EJCDC No. 1910 -28A (1984 Edition)
Prenared thrmigh the inint effnrts of the Surety Association of America. Engineers' .hint Contract Documents Committee. The A.csnciated
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We acknowledge and agree that as contractors
for the construction of the City of Sunny Isles Seawall Replacement & Restoration project, that
we have the sole responsibility for compliance with all requirements of the Federal Occupational
Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree
to indemnify and hold harmless the City of Sunny Isles Beach, Calvin, Giordano & Associates,
Inc., Consulting Engineers and Cutcher & Associates, Inc, Coastal Engineers against any and
all legal liability or loss the District or the Engineer may incur due to
failure to comply with such act.
ATTEST
ATTEST
By:
Title:
DATE
END OF DOCUMENT
CONTRACTOR
03/03 00650 -1 03 -4122
This document has important legal consequences: consultation with an attorney is encouraged with
respect :o :ts completion or modification.
ST INDA.RD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
t
_ . \M W IE y UENGINEERS
SOCIETY
y.i•�1� . •� r
ni i:: c A tv
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
.�,�
The Associated General ;" � Contractors of America
These General Conditions have been prepared for use with the Owner - Contractor Agreements (No. 1910 -8 -A -1 or
1910-8-A-21(1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910 -9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910 -12) (1990 Edition) may be used.
' EICDC No. 1910 -8 09Q0 Edition) C -9
Reprinted 5/91
J
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T.ABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paregrc, -.h
Page
.Yumber
& Title .''umber
16
1. DEFINITIONS
.... ...............................
13
1.1
Addenda .............................
13
1.2
Agreement ...........................
13
1.3
.Appii=,ion for Payment ..............
13
1.4
Asbestos .............................
13
1.5
Bid .... ...............................
13
1.6
Bidding Documents ...................
13
1.7
Bidding Requirements ................
13
1.8
Bonds ................................
13
1.9
Change Order ........................
13
1.10
Cont act Documents ..................
13
1.11
Con::act Price ........................
13
1.12
Comma Times .......................
13
1.13
CONTRACTOR ......................
13
1.14
defccu,-e .............................
13
1.15
Dr,v,-ires .............................
13
1.16
Effec ive Date of the Agreement ......
13
1.17
ENGINEER ..........................
13
1.18
ENGINEER's Consultant .............
13
1.19
Field Order ...........................
13
1.20
Gentml Requirements ................
14
1 21
H rdous Waste .....................
14
1.22
Laws and Regulations; Laws or
Rez.:lations ........................
14
1 .2 3
Liens .. ...............................
14
1.24
Witstone .............................
14
1.'S
Notice of Award ......................
14
1.26
Novice to Proceed ....................
14
1.27
OWNER .............................
14
1.28
Pa.r:al Utilization .....................
14
1.29
PCBs .. ...............................
14
1.30
Petroleum ............................
14
1.31
Proemot ...............................
14
1.32
Radioactive Material ..................
l4
1.33
Resident Project Representative .......
14
1.34
Samples ..............................
14
1.35
Shop Drawings .......................
14
1.36
Specifications .........................
14
1.37
Subcontractor ........................
14
1.38
Substantial Completion ...............
14
1.39
Supplementary Conditions ............
14
1.40
Supplier ...............................
14
1.41
Underground Facilities .............. :.
14
1.42
Unit Price Work .......................
14
1.43
Work
15
1.44
..................................
Work Change Directive ...............
15
1.45
Written Amendment ..................
15
PRELIMI NTARY MATTERS ...................... 15
2.1 Delivery of Bonds .................... 15
2.2 Copies of Documents ................. 15
2.3 Commencement of Contract Times;
` Notice to Proceed .................. 15
2.4 Staving the Work ................... 15
Article or Parogrcpn Page
Number & Title NUMber
2.5 -2.7 Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance .......................... 15
2.8 Preconstruction Conference ........... 15
2.9 Initially Acceptable Schedules ......... 16
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE ............................
16
3.1 -3.2
Intent .. ........:..................
16
3.3
Reference to S andards and
Reports and Drawings ................
17
Specifications"of Technical Societies;
Limited Reliance by CONTRACTOR
Reporting and Resolving
Authorized; Technical Data .........
18
Discrepancies ......................
16
3.4
Intent of Certain Terms or Adjecti%es ..
17
3.5
.Amending Contract Documents .......
17
3.6
Supplementing Contract Documents ...
17
3.7
Reuse of Documents ..................
17
AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS. 17
4.1
Availability of Lands ..................
17
4.2
Subsurface and Physical Conditions ...
17
4.2.1
Reports and Drawings ................
17
4.2.2
Limited Reliance by CONTRACTOR
Authorized; Technical Data .........
18
4.2.3
Notice of Differing Subsurface or
Physical Conditions .................
18
4.2.4
ENGINEER's Review ................
18
4.2.5
Possible Contract Documents Change
18
4.2.6
Possible Price and Times Adjustments .
Is
4.3
Physical Conditions- Underground
Facilities ...........................
18
4.3.1
Shown or Indicated ...................
18
4.3.2
Not Shown or Indicated ..............
19
4.4
Reference Points ......................
19
4.5
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ......
19
5. BONDS AND INSURANCE .....................
20
5.1-5.2
Performance, Payment and Other Bonds .
20
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ............
20
5.4
CONTRACTOR's Liability Insurance .
20
5.5
OWNER's Liability Insurance ........
21
5.6
Property Insurance ...................
21
5.7
Boiler and Machinery or Additional
Property Insurance .................
21
5.8
Notice of Cancellation Provisions .....
21
5.9
CONTRACTOR'S Responsibility for
Deductible Amounts ................
22
5.10
Other Special Insurance ...............
22
5.11
Waiver of Rights ......................
22
4rricle or Paragraph Page
,'umber
Vumoer & Title
I!' 13.4 OWNER's Responsibilities;
Independent Testing Laboratory
13.5
CONTRACTOR s Responsibilities .....
13.6 -13.7
CoveringWork Prior to Inspection,
'
Testing or Approval ................
13.8 -13.9
Uncovering Work at ENGINEER's
13.10
13.11
Request ............................
OWNER May Stop the Work .........
Correction or Removal of Defective
Work ..............
13.12
Correction Period .....................
'
13.13
13.14
.Acceptance of Defective Work ........
OWNER May Correct Defective
Work...............................
14.
PAYMENTS
TO CONTRACTOR AND
COMPLETION.. ...............................
14.1
14.2
Schedule of Values ....................
Application for Progress Payment .....
14.3
CONTRACTOR's Warranty of Title ..
14.4-14.7
Review of Applications for
14.8 -14.9
Progress Payments ....
Substantial Completion . ... • .. • ..... .
14.10
Partial Utilization .....................
14.11
Final Inspection ......................
n
36
36
36
36
36
37
37
37
37
37
;8
38
Article or Paragrcph Page
,%rumber & Title Number
14.12 Final Application for Payment ......... 40
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ................ • • • •
15. SUSPENSION OF WORK AND 40
TERMI NATION . ............................... 40
15.1 OWNER May Suspend Work .........
15,2 -15.4 OWNER May Terminate .............. 4o
15.5 CONTRACTOR May Stop Work or 41
Terminate ..........................
16. DISPUTE RESOLUTION ................... • • • • 41
17. MISCELLANEOUS .............................
17.1 Giving Notice ........................
17.2 Computation of Times ................
17.3 Notice of Claim .......................
17.4 Cumulative Remedies .................
17.5 Professional Fees and Court Costs
Included...........................
EXHIBIT GC -.A (Optional):
38 Dispute Resolution Agreement (Optional) ..... GC -A1
39 16.1 -16.6 .Arbitration .................... GC .A1
39 16.7 Mediation ..................... GC -A2
39
3
42
42
42
42
42
42
Article or Paragraph
Number
Cost Records ........ ...............................
11.7
definitionof ........... ...............................
1.9
emergencies ......... ...............................
6.23
ENGINEER's responsibility .........
9.8, 10.4, 11.2, 12.1
execution of ......... ...............................
10.4
Indemnification .....................
6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ...................
5.10, 5.13, 10.5
OWNER may terminate ........................
15.2 15.4
OWNER's Responsibility .......................
8.6, 10.4
Physical Conditions -
Subsurface and . ...... ...............................
4.2
Underground Facilities . ..........................
4.3.2
Record Documents .. ...............................
6.19
Scope of Change ...............................
10.3 -10.4
Substitutes .... ...............................
6.7.3, 6.8.2
Unit Price Work ..... ...............................
11.9
value of Work, covered by ..........................
11.3
Chances in the Work ..... ...............................
10
Notification of surety ...............................
10.5
OWNER's and CONTRACTOR's
responsibilities .... 10.4
Right to an adjustment ..............................
10.2
Scope of change ...............................
10.3 -10.4
Claims -
against CONTRACTOR .. ...........................6.16
acainst ENGINEER . ...............................
6.32
acainst OWNER ..... ...............................
6.32
Chance of Contract Price .......................
9.4, 11.2
Chance of Contract Times ......................
9.4, 12.1
CONTRACTOR's 4, 7.1, 9.4,
9.5, 9.11, 10 2, 11.2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR's Fee ..............................
11.6
CONTRACTOR's liability ............
5.4, 6.12, 6.16, 6.31
Cost of the Work ..............................
11.4, 11.5
Decisions on Disputes .........................
9.11, 9.12
Dispute Resolution ... ...............................
16.1
Dispute Resolution Agreement ..................
16.1 -16.6
ENGINEER as initial interpretor .................... 9.11
Lump Sum Pricing . ...............................
11.3.2
Noticeof ............ ...............................
17.3
OWNER's ........... 9.4, 9.5.
9.11, 10.2, 11.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
......................
OWNER's liability .... .........
5.5
OWNER may refuse to make payment
.............. 14.7
Professional Fees and Court Costs
Included .......... 17.5
request for formal decision on .......................
9.11
Substitute items ... ...............................
6.7.1.2
Time Extension ...... ...............................
12.1
Time requirements ............................
9.11, 12.1
Unit Price Work ... ............................... 11.9.3
Valueof ............. ...............................
11.3
Waiver of -on Final Payment ................
14.14, 14.15
Work Change Directive .............................
10.2
written notice required ...................
9.11, 11.2, 12.1
Clarifications and Interpretations
............ 3.6.3, 9.4, 9.11
Clean Site ............................................ 6.17
Codes of Technical Society, Organization or
Association ..... ...............................
3.3.3
Commencement of Contract Times ..................... 2.3
Communications-
Article or Paragraph
.Number
general ..... ............................... 6.2, 6.9.2, 8.1
Hazard Communication Programs ................... 6.22
Completion -
Final Application for Payment ...................... 14.12
Final Inspection .... ............................... 14.11
Final Payment and .Acceptance ............... 14.13 -14.14
Partial Utilization ... ............................... 14.10
Substantial Completion ................... 1.38, 14.8 -14.9
Waiver of Claims ... ............................... 14.15
Computation of Times ........................ 17.2.1- 17.2.2
Concerning Subcontractors,
Suppliers and Others ............................ 6.8 -6.11
Conferences -
initially acceptable schedules ......................... '_.9
preconstruction ..........: 2.8
Conflict, Error, .Ambiguity, Discrepancy -
CONTRACTOR to Report ..................... 2.5, 3.3 .2
Construction, before starting by CONTRACTOR .... 2.5 -2.7
Construction Machinery, Equipment, etc . ............... 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents -
Amending............ ............................... 3.5
Bonds................ ............................... 5.1
Cash Allowances .... ............................... 11.8
Change of Contract Price ............................. l 1
Change of Contract Times ............................ 12
Chances in the Work ........................... 10.4 -10.5
check and verify ...... ............................... 2.5
Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11
definition of ......... ............................... 1.10
ENGINEER as initial interpreter of ................. 9.11
ENGINEER as OWNER's representative ............ 9.1
general................. ............................... 3
Insurance............. ............................... 5.3
Intent............. ............................... 3.1 -3.4
minor variations in the Work ......................... 3.6
OWNER's responsibility to furnish data .............. 8.3
OWNER's responsibility to make
prompt payment ....................... 8.3, 14.4, 14.13
precedence ..... ............................... 3.1, 3.3.3
Record Documents .. ............................... 6.19
Reference to Standards and Specifications
of Technical Societies .............................. 3.3
RelatedWork ......... ............................... 7.2
Reporting and Resolving Discrepancies ........... 2.5, 3.3
Reuseof .............. ............................... 3.7
Supplementing ........ ............................... 3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ..... ............................... 11.9
variations .. ............................... 3.6, 6.23, 6.27
Visits to Site, ENGINEER's ......................... 9.2
Contract Price -
adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2 -11.3
Changeof ............. ............................... 11
Decision on Disputes ............................... 9.11
definition of ......... ............................... 1.11
Contract Times -
adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12
Change of ....... ............................... 12.1 -12.4
Article or Paragraph
Number
CONTRACTOR's responsibility ....................
6.9.2
Copies of Documents ... ...............................
2.2
Correction Period ..... ...............................
13.12
Correction, Removal or .Acceptance of
ENGINEER's Review .............................
Defective Work
Possible Contract Documents Change ...............
in general ............................. 10.4.1,
13.10.13.14
.Acceptance of Defective Work .....................
13.13
Correction or Removal of Defective Work .....
6.30, 13.11
Correction Period ... ...............................
13.12
OWNER May Correct Defective Work .............
13.14
OWNER May Stop Work ..........................
13.10
Cost -
Mediation ........... ...............................
of Tests and Inspections .............................
13.4
Records............. ...............................
11.7
Cost of the Work -
Documents -
Bonds and insurance, additional .................
11.4.5.9
Cash Discounts .... ...............................
11.4
CONTRACTOR's Fee ..............................
11.6
Employee Expenses .............................
11.4.5.1
Exclusions to ........ ...............................
11.5
General ......... ...............................
1 l .d -11.5
Home office and overhead expenses .................
11.5
Losses and damages .............................
11.4.5.6
Materials and equipment ..........................
11.4.2
Minor expenses .. ...............................
11.4.5.8
Payroll costs on changes ..........................
11.4.1
performed by Subcontractors ......................
11.4.3
Records ............. ...............................
11.7
Rentals of construction equipment and machinery
. 11.4.5.3
Royalty payments, permits and license fees
...... 11.4.5.5
Site office and temporary facilities ...............
11.4.5.2
Special Consultants, CONTRACTOR's ............
11.4.4
Supplemental ...... ...............................
11.4.5
Taxes related to the Work .......................
11.4.5.4
Tests and Inspection . ...............................
13.4
Trade Discounts ... ...............................
11.4.2
Utilities, fuel and sanitary facilities ...............
11.4.5.7
Work after regular hours ..........................
11.4.1
Covering Work .... ...............................
13.6 -13.7
Cumulative Remedies ............................
17.4 -17.5
Cutting, fitting and patching ............................
7.2
Data, to be furnished by OWNER ......................
8.3
Day - definition of .... ...............................
17.2.2
Decisions on Disputes ...........................
9.11, 9.12
defective -definition of . ...............................
1.14
defective Work -
9.11 -9.13
Acceptance of .............................. 10.4.1, 13.13
Correction or Removal of ................... 10.4.1, 13.11
Correction Period ... ...............................
13.12
in general .. ...............................
13, 14.7, 14.11
Observation by ENGINEER .........................
9.2
OWNER May Stop Work ..........................
13.10
Prompt Notice of Defects ...........................
13.1
Rejecting ............................................
9.6
Uncovering the Work ...............................
13.8
Definitions ................ ...............................
1
Delays .. ............................... 4.1,
6.29, 12.3 -12.4
Delivery of Bonds ....... ...............................
2.1
Delivery of certificates of insurance .....................
2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Conditions
Noticeof ........... ...............................
4.2.3
ENGINEER's Review .............................
4.2.4
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Discrepancies - Reporting and Resolving .... 2.5,
3.3.2. 6.14.2
Dispute Resolution -
Aereement ...... ...............................
16.1 -16.6
Arbitration ...... ...............................
16.1 -16.5
general................ ...............................
16
Mediation ........... ...............................
16.6
Dispute Resolution Agreement .:.; ................
16.1 -16.6
Disputes. Decisions by ENGINEER ..............
9.11 -9.12
Documents -
Copiesof ............. ...............................
2.2
Record.............. ...............................
6.19
Reuseof .............. ...............................
3.7
Drawings -definition of ...............................
1.15
Easements.............. ...............................
4.1
Effective date of Agreement- definition of .............
1.16
Emergencies ........... ...............................
6.23
ENGINEER -
as initial interpreter on disputes .................
9.11 -9.12
definition of ......... ...............................
1.17
Limitations on authority and
responsibilities .. ...............................
9.13
Replacement of ....... ...............................
8.2
Resident Project Representative ......................
9.3
ENGINEER's Consultant - -definition of ...............
1.18
ENGINEER's-
authority and responsibility, limitations on
........... 9.13
Authorized Variations in the Work ....................
9.5
Change Orders, responsibility for ..........
9.7, 10, 11, 12
Clarifications and Interpretations ...............
3.6.3, 9.4
Decisions on Disputes ..........................
9.11 -9.12
defective Work, notice of ...........................
13.1
Evaluation of Substitute Items ......................
6.7.3
Liability ........ ............................... 6.32, 9.12
Notice Work is Acceptable .........................
14.13
Observations .. ...............................
6.30.2, 9.2
OWNER's Representative ...........................
9.1
Payments to the CONTRACTOR,
Responsibility for .............................. 9.9, 14
Recommendation of Payment ................. 14.4, 14.13
Responsibilities -
Limitations on ...............................
9.11 -9.13
Review of Reports on Differing Subsurface
and Physical Conditions ..........................
4.2.4
Shop Drawings and Samples, review
responsibility ...... ...............................
6.26
Status During Construction -
authorized variations in the Work ..................
9.5
Clarifications and Interpretations ...................
9.4
Decisions on Disputes ....... I ................
9.11 -9.12
Determinations on Unit Price .....................
9.10
ENGINEER as Initial Interpreter .............
9.11 -9.12
ENGINEER's Responsibilities ................ 9.1 -9.12
Article or Parcgraph
umoer
Reference to in Contact Documents ................
3. 3.1
Materials and equipment -
Notice of Defects .... ...............................
fumished by CONTRACTOR ........................
6.3
not incorporated in Work ............................
14.2
Materials or equipment - equivalent .....................
6.7
Mediation (Optional) ... ...............................
16.7
Milestones- definition of ..............................
1.24
Miscellaneous -
Change Orders ..... ...............................
Computation of Times ..............................
17.2
Cumulative Remedies ...............................
17.4
Giving Notice ........ ...............................
17.1
Notice of Claim ...... ............................... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi -prime contracts ..... ...............................
7
Not Shown or Indicated ..............................
4.3.2
Notice of-
prompt payment by . ............................... 8.3
Acceptability of Project ............................
14.13
Award, definition of .. ...............................
1.25
Claim............... ...............................
17.3
Defects . ............. ...............................
13.1
Differing Subsurface or Physical Conditions ..........4.2.3
Giving............... ...............................
17.1
Tests and Inspections ...............................
13.3
Variation, Shop Drawing and Sample
................ 6.27
Notice to Proceed -
definition of ......... ...............................
1.26
givingof .............. ...............................
2.3
Notification to Surety .. ...............................
10.5
Observations, by ENGINEER ....................
6.30, 9.2
Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR
............. 6.9, 9.13
"Open peril" policy form, Insurance ...................5.6.2
OWNER's responsibility for ........................
Option to Replace .......... ...........................5.14
Partial Utilization -
..Or Equal" Items ....... ...............................
6.7
Otherwork ............... ...............................
7
Overtime Work - prohibition of .........................
6.3
OWNER -
Patent Fees and Royalties .............................
Acceptance of defective Work ......................
13.13
appoint an ENGINEER ..............................
8.2
as fiduciary ..... ...............................
5.12 -5.13
Availability of Lands, responsibility ...................
4.1
definition of ......... ...............................
1.27
data, famish .......... ...............................
8.3
May Correct Defective Work .......................
13.14
May refuse to make payment ........................
14.7
May Stop the Work . ...............................
13.10
may suspend work,
14.10
terminate .......................
8.8, 13.10, 15.1 -15.4
Payment, make prompt ...................
8.3, 14.4, 14.13
performance of other Work ...........................
7.1
permits and licenses, requirements
.................. 6.13
purchased insurance requirements ...............
5.6 -5.10
OWNER's-
Waiver of Claims ... ...............................
Acceptance of the Work .........................
6.30.2.5
Change Orders, obligation to
withholding payment . ............................... 14.7
execute ..... ..:............................
8.6, 10.4
Communications ...... ...............................
8.1
Coordination of the Work ............................
7.4
Disputes, request for decision .......................
9.11
Article or Paragraph
Number
Inspections, tests and approvals ................. 8.7, 13.4
Liability Insurance .... ...............................
5.5
Notice of Defects .... ...............................
13.1
Representative - During Construction,
ENGINEER's Status ............................
9.1
Responsibilities -
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material ..................
8.10
Change Orders ..... ...............................
8.6
Changes in the Work ..............................
10.1
communications .... ........................
....... 8.1
CONTRACTOR's responsibilities ...................
8.9
evidence of financial arrangements ................
8.11
inspections, tests and approvals ....................
8.7
Insurance.......... ............................... 8.5
lands and easements ............................... 8.4
prompt payment by . ............................... 8.3
replacement of ENGINEER ....................... 8.2
reports and tests .... ...............................
8.4
stop or suspend Work ..................
8.8, 13.10, 15.1
terminate CONTRACTOR's sen•ices ..........
8.8, 15.2
separate representative at site ........................
9.3
independent testing .. ...............................
13.4
use or occupancy of the
Work ..... ...............................
5.15, 14.10
written consent or approval
required ...............................
9.1, 6.3, 11.4
written notice
required .......... 7.1, 9.4, 9.11, 11.2,
11.9, 14.7, 15.4
PCBs-
definition of ......... ...............................
1.29
general............... ...............................
4.5
OWNER's responsibility for ........................
8.10
Partial Utilization -
definition of ......... ...............................
1 '8
general .... ...............................
6.30.2.4, 14.10
Property Insurance .. ...............................
5.15
Patent Fees and Royalties .............................
6.12
Payment Bonds ...... ...............................
5.1 -5.2
Payments, Recommendation of .............
14.4 -14.7, 14.13
Payments to CONTRACTOR and Completion -
Application for Progress Payments ..................
14.2
CONTRACTOR's Warranty of Title .................
14.3
Final Application for Payment ......................
14.12 .
Final Inspection .... ...............................
14.11
Final Payment and Acceptance ...............
14.13 -14.14
general ............ ...............................
8.3, 14
Partial Utilization ... ...............................
14.10
Retainage............ ...............................
14.2
Review of Applications for Progress
Payments ... ...............................
14.4 -14.7
prompt payment ...... ...............................
8.3
Schedule of Values ... ............................... 14.1
Substantial Completion .........................
14.8 -14.9
Waiver of Claims ... ...............................
14.15
when payments due ..........................
14.4, 14.13
withholding payment . ............................... 14.7
Performance Bonds .. ...............................
5.1 -5.2
Permits............................................... 6.13
II
L�
�r
f
r
.Article or Paragraph
. %lumber
Shop Drawings -
6.7.1.2
and Samples, general ...........................
6.24 -6.28
Change Orders & Applications for
4.2.1.2
Payments, and ...............................
9.7 -9.9
definition of ......... ...............................
1.35
ENGINEER's approval of .........................
3.6.2
ENGINEER's responsibility
for review ...............................
9.7, 6.24 -6.28
related Work ......... ...............................
6.28
review procedures .........................
2.8, 6.24 -6.28
submittal required .. ...............................
6.24.1
Submittal Procedures .......................:.......
6.25
use to approve substitutions ........................
6.7.3
Shown or Indicated .... ...............................
4.3.1
Site Access ........ ...............................
7.2, 13.2
Site Cleanliness ........ ...............................
6.17
Site, Visits to-
by ENGINEER . ...............................
9.2, 13.2
by others ............ ...............................
13.2
"Special causes of loss" policy form, insurance ....... 5.6.2
Specifications -
Superintendence ........ ...............................
definition of ......... ...............................
1.36
of Technical Societies, reference to ................. 3.3.1
precedence ......... ...............................
3.3.3
Standards and Specifications of Technical
definition of ......... ...............................
Societies ........... ...............................
3.3
Starting Construction, Before .......................
2.5 -2.8
Starting the Work ....... ...............................
2.4
Stop or Suspend Work -
definition of ......... ...............................
by CONTRACTOR .. ...............................
15.5
by OWNER .............................
8.8. 13.10, 15.1
Storage of materials and equipment .................
4.1, 7.2
Structural Loading, Safety .............................
6.18
Subcontractor -
14.12, 14.]4
Concerning . ...... ...............................
6.8 -6.11
definition of ......... ...............................
1.37
delays............... ...............................
12.3
waiver of rights ...... ...............................
6.11
Subcontractors-in general ........................
6.8 -6.11
Subcontracts- required provisions ........
5.11, 6.11, 11.4.3
Submittals -
Terminate......... ...............................
Applications for Payment ...........................
14.2
Maintenance and Operation Manuals
............... 14.12
Procedures.......... ...............................
6.25
Progress Schedules ..............................
2.6, 2.9
Samples........ ............................... 6.24 -6.28
Schedule of Values .............................
2.6, 14.1
Schedule of Shop Drawings and
Reports of Differing Subsurface and
Samples Submissions ....................
2.6, 2.8 -2.9
Shop Drawings .. ............................... 6.24 -6.28
Substantial Completion -
4.1
certification of ........................
6.30.2.3, 14.8 -14.9
definition of ......... ...............................
1.38
Substitute Construction Methods or
Procedures ....... 6.7.2
Substitutes and "Or Equal" Items
...................... 6.7
CONTRACTOR's Expense .......................
6.7.1.3
ENGINEER's Evaluation ..........................
6.7.3
.'Or- Equal.. ....................
... ............... 6.7.1
..
Substitute Construction Methods
of Procedures ..... 6.7.2
.Article or Paragraph
Number
Substitute Items ... ...............................
6.7.1.2
Subsurface and Physical Conditions -
Drawings of, in or relating to .....................
4.2.1.2
.............................
ENGINEER's Review .............................
4.2.
general............... ...............................
4.2
Limited Reliance by CONTRACTOR
Authorized.......... ..........................4.2.2
Notice of Differing Subsurface or
Physical Conditions . ...............................
4.2.3
Physical Conditions .. ...............................
4.2.1.2
Possible Contract Documents Change .................
4.2.5
Possible Price and Times .Adjustments ................
4.2.6
Reports and Drawings . ...............................
4.2.1
Subsurface and ....... ..............................
4.2
Subsurface Conditions at the Site .................
4.2.1.1
Technical Data ...... ...............................
4.2.2
Supervision -
CONTRACTOR's responsibility ......................
6.1
OWNER shall not supervise .........................
8.9
ENGINEER shall not supervise ...............
9.2, 9.13.2
Superintendence ........ ...............................
6.2
Superintendent, CONTRACTOR's resident ........... 6.2
Supplemental costs ... ...............................
11.4.5
Supplementary Conditions -
definition of ......... ...............................
1.39
principal reference to .... 1. 10, 1. 18, 2.2. 2.7, 4.2, 4.3, 5. 1,
5.3,5.4,5.6 - 5.9,5.11, 6.8.6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents ....................
3.6
Supplier -
definition of ......... ...............................
1.40
principal references to ..................
3.7, 6.5, 6.8-6.11,
6.20, 6.24, 9.13, 14.12
Waiver of Rights ..... ...............................
6.11
Surety -
consent to final payment .....................
14.12, 14.]4
ENGINEER has no duty to .........................
9.13
Notification of ........................... 10.1, 10.5, 15.2
qualification of .... ...............................
5.1 -5.3
Survival of Obligations . ...............................
6.34
Suspend Work, OWNER May ..................
13.10, 15.1
Suspension of Work and Termination- ..................
15
CONTRACTOR May Stop Work or
Terminate......... ...............................
15.5
OWNER May Suspend Work ....................... 15.1
OWNER May Terminate .......................
15.2 -15.4
Taxes - Payment by CONTRACTOR ....................
6.15
Technical Data -
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ..............................
4.2.3
Temporary construction facilities ........................
4.1
Termination -
by CONTRACTOR .. ...............................
15.5
by OWNER ...............................
8.8, 15.1 -15.4
of ENGINEER's employment ........................
8.2
Suspension of Work -in general ........................
15
Terms and Adjectives ... ...............................
3.4
Tests and Inspections-
GENERAL CONDITIONS
ARTICLE I— 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:
l.l. Addenda — Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement —The written contract 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.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds— Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, 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 Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree-
13
ment, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, 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 ENGI-
NEER's recommendation of final payment (unless responsi-
bilityfor the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. 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.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. 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 Times.
1.43. lVork —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction.
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, 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 condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the chance directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
anv, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. 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 nonengineering or nontechnicai rather than
strictly construction- related aspects of the Contract Docu-
ments.
ARTICLE '_— PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments 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 Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
15
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Amement, whichever date is earlier.
Staring the iiork:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Bcfore Staring Construction:
2.5. Before undertaking each part the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR 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, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
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 appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstrucrion Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
r
performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered, "as directed," "as required." "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable," "suitable," "acceptable," "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in 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 ENGI-
NEER 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 provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. 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:
3.5.1. a formal Written .Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
17
S�
of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE 4— AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Availabilit} 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.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. if CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 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. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
inforn -anon and data furnished to OWNER or ENGINEER by
the ow^ters of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sibie for the accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sbibry for (i) reviewing and checking all such information and
da'a. (ii) locating all Underground Facilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the ow -ters of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Pac iii6es as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: if an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents. CON-
TRACTOR shall. promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in .Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. if
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish 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, shall protect and preserve the established
reference points and shall make no changes or relocations
19
v.ithout the prior written approval of OWNER. CONTRAC-
TOR 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 respon-
sible for the accurate replacement or relocation of such refer -
ence points by professionally qualified personnel.
4.3. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active 'Material:
».5.1. OWNER shall be responsible for any .Asbestos,
PCBs, Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (1) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if anv. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's
The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTR4CTOR's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3 .2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Properly Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
21
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include he interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all -risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordincly.
Partial Udli:aaon— Properry Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paracraph 14.10: provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6— CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect 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 Con-
tract 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 specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately 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 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 CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment.
6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
23
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation. con-
struction equipment and machinerv, tools, appliances, fuel,
power, licht, heat, telephone, water, sanitary facilities. tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
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 materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. Substitutes and "Or- Equal' Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or- equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON -
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zauon except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER throueh CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
'Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWTER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
25
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. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold ha.-m-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regulations:
6.14.1. 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, neitherOWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. 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
7
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� I
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
Hazard Communicasion Programs:
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. 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 au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON -
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes 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 by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.:5. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACTOR shall have determined and verified:
27
6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1?. all information relative to CONTRACTOR's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON -
TRACPOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval 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 Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the .Agreement.
ARTICLE 7 —OTHER ,A'ORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 1 I
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent tiiereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional 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 other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise 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 CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
M
Coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided it the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
.ARTICLE 8— OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when 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 ref-
erence points are set forth in paragraphs 4.1 and 4.4. 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 drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
that ENGINEER believes will not produce a completed Proiect
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless. within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A.
"Dispute Resolution Agreement;" entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Dispules:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles 1 I and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
occurrence or event riving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
\k ithin sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A, "Dispute Reso-
lution Agreement;' entered into between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim. dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
01
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. Limitations on ENGINEER's Authority and Responsibilities:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
1 3
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee; the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof —all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and. royalty
payments and fees for permits and licenses.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work:
11.9.1. 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
price for each separately identified item of Unit Price Work
times the estimated quantity of each item 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 classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. 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 sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article 11 if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
35
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of anv such increase or decrease.
ARTICLE 12— CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
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 days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR, the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR, any Subcontractor, any Supplier, 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 (i) delays
caused by or within the control of CONTRACTOR, or (ii)
shall not give rise to any duty on the part of OWNER to
'exercise this right for the benefit of CONTRACTOR or any
surety or other party.
� I
� I
Correction or Removal of Defective Bork:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, 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 Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
'' 13.12. Correction Period
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. 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 claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial 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.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Acceptance of Defective Work.
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). 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, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
.Article 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
37
OWAER May Correct Defective Work
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
TRACTOR 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 days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rit'hts and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such 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, construc-
tion 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, OWNER's
representatives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by 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, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article 11. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment 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 Times (or Milestones) because of any delay in the
performance ofthe 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
1
14.7.6. Liens have been filed in connection with the
' Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
' 14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of anv of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15 2.1 through 15?.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR 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 sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion 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 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 days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons
therefor. If, after consideration of OWNER's objections, EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial 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 pend-
ing final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
WJ
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completon, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR 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.
Parial Cali n:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR7 agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by 0WNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR 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 CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate 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, ENGI-
NEER will notify OWNER and CONTRACTOR in writ -
ine giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 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, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
15 11. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6):
15??. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction:
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety.
if any.) seven days' written notice and to the extent permit-
ted by Laws and Regulations, 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 materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. if the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs. losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims. costs. losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
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 ter-
minated 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.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER ma -
v, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case, CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
41
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
mer;ts in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or Ether economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Bork or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
.Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due. CONTRACTOR may
upon seven day's .written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles 11 and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16— DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC -A, "Dispute Resolution Agreement," to be
attached hereto and made a part hereof. if no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9. 10,
9.11, and 9.12, OWNER and CONTRACTOR may exercise
TO
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Driving Directions: From 1-95, go east on SR826 which becomes Sunny Isles Blvd.east of US-1
Turn left on Collins Ave., turn left on 183d St.. The Project is on the north side of the Street.
Map Source: Rand McNally Street Finder — 2002 Edition
Client: City of Sunny Isles Sheet No: 1 of: 7
oject: 183rd St Seawall Replacement Date: 7/18/2003
Sheet: Location Map Revised:
CA
A PA
k's
a Dat
SEP 17 20
e: 03 a
By:
ReRefe to ]
4 of 7 for hydrographic survey information
Client: City of Sunny isles
Project: 183`d St Seawall Replacement
theet: Plan View - Existing
Aerial Photo & GIs Provided by Calvin & Giordano Associates, Inc.
Sheet No: 2 of: 7
Date: 711812003
Revised:
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at '
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Mc C-)
CA
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k's
a Dat
SEP 17 20
e: 03 a
By:
ReRefe to ]
4 of 7 for hydrographic survey information
Client: City of Sunny isles
Project: 183`d St Seawall Replacement
theet: Plan View - Existing
Aerial Photo & GIs Provided by Calvin & Giordano Associates, Inc.
Sheet No: 2 of: 7
Date: 711812003
Revised:
�5
4 Proi
it
7
7 2003
Date.
z;
By:
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OF
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EAN
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Survey Data provided by Calvin & Giordano Associates, Inc Survey date: 7/03
Client: City of Sunny Isles Sheet No: 4 of. 7
Project: 183rd St. Seawall Replacement Date: 7/18120-03
Topographic & Hydrographic I Revised:
Survey Information
ME CFIA "L
(117 RD. ST.)
Ro REM+Jq
EAKMC MADE
wl 9m
�i
New wall to be
within F of existing
wall (pile to panel)
MD PAGE
WIZH 1fw
FMZRATE I MfkLA"
OF NEW WALLW"
1' OF EAA-tr C
DEMEMEM M
MAR SMK OREF10@1
APPROEO
Es.18TV40 srAeNu
CAP Iri M TO FEW"
O� � N IRON .A;i ' !
1 O
SE 17 2003 y
By: _ c
UPHQIM New cap elevation:
RE1►ffwr wausm
sreETS¢�1cx�eww 4.5' NGVD
� OEtAl9
CQ�CAETEG➢
(1ex�
7� I r�•
rwEEP
MOLE
l ,r PU
T
W.MW
•� I a.• .
� 2S �.•r
:I
1
oe elevation varies
Iletween -0.8' and -2.2'
GVD along wall alignment
SECTION — A:
Client: City of Sunny Isles
Project_ 183'" St Seawall Replacement
Sheet: Proposed Section View
The existing wall shall remain intact
wherever possible. In areas that require
removal, rubble shall be removed from
the wetface of the wall and disposed of
at an approved landfill.
CONCRETECAP
Y4 STIRUPS N4' CHAMFEF Ai
@ 28' O.C. CORNERS
x
Y6 X8 YMN
LONGITUDINAL
NOTES ON CONCRETE
1.) CAST IN PLACE MIX SHALL BE fAN
4000 P.S.I. @ 2DAYS.
2.) 3' MIN. COVERAGE ON REINFORCING STEEL-
1) SLUMP TESTS SHALL BE PERFORMED ON
EACH TRUCK SLUMPS SHALL BE BETWEEN
4' -6'.
IKUNk,
r
PREC ST CONCRETE —�
PANEL
MAX. GAP BErwEENN EXPOSE MIN. B
PANEL b PILE OF D.R.E STRESS
< VC ... STRAND �r()f. �a�n ��itS. �, 4 UC'
44 @ 12' O.c LL
VERTICALLY & 12' PRESTRESSED L-� �LZC Jca I aQtf e: , �pS rn
HORIZONTALLY CONCRETED PILES
4 STRAND -,'f ME ¢ SEP 17 2003 `?
LENGHT Date: C
P
CF FLD���
Soil line varies in elevation along alignment between -0.8'
and -2.2' NGVD. Concrete panel embedment shall be
between 4' and 6'. Pile embedment shall be a minimum
of 18'. Driving logs shall be maintained for each panel
and pile.
SECTION DETAILS
Client: City of Sunny Isles Sheet No: 6 of: 7
Project 183`d St. Seawall Replacement Date: 7/18/2003
theet: Section View - Detail
Revised:
Cap elevation is 4.5' NGVD.
Weephole elevation is 2.0' NGVD
Toe elevation varies between -0.8' and -2.2' NGD
CAP ELEVATION
�(6- HIGHER THAN EX MG)
y
17
- - -- J M.H.W. p ! -- -- g- WEEP HOLES
'.-'_CE GEOTEXTILE
CLOTH BEHIND PANEL
EXISTING BOTTOM
(SAND, SHELL) VERTICAL PILE
10' O.C.
_ 1 V O.C.
BATTER PILES
ql
O 3- o1`�So2o -oC�`�
Prej..^
G\
IT>
4 r
-n
SEP 17 2003
P
Date:
PROFILE VIEW
4-
Or
Client: City of Sunny Isles Sheet No: 7 of: 7
roject: 183rd St. Seawall Replacement Date: 7/18/2003
Sheet: Profile View - Detail Revised:
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION
Date �� O
Dear Applicant:
Your application for a Department of the Army (DA) permit has been assigned number -2 Do309/i S'
The proposed work is also identified in our database as rIZ:Y UNNY i -z ,zTz-41-'ice
A review of the information and drawings provided shows that:
NOTE: The underline internet address shown is case sensitive and must be entered exactly as shown.
Your project is authorized by Nationwide Permit (NWP) number 3 . The NWP verification is valid for 2
years from the date of this notification, or otherwise as noted at http://www.sai.usace.army.mil/oermit/NWP/NW-
nca/NW- Table- Test.html. To view the conditions associated with the use of this verification, click on the general
and /or specific condition columns in the row corresponding to the NWP number noted above at the web site given.
If you are unable to access the internet site provided and required a printed copy of any of the conditions,
limitation, or expiration date for the authorization noted above, please notify the assigned project manager,
QdS64 fVQR� e/Cz, , by telephone at .3dS- SzL- 719'
A separate DA permit is not required providing the work is done in accordance with t e awings and information
as provided in your request, received by the U.S. Army Corps of Engineers on 9 and the
terms and conditions listed at the above website address identified above. If you do not complete construction of
your project within the appropriate time limit, a separate application or reverification will be required.
Sincer
4Chief,
al
Regul o on
i
3.0 SUPPLEMENTARY CONDITIONS
The following conditions amend or supple ment e Standard General Conditions of the Construction
Contract (E: - 'CDC No. 1910 -8) (1000 Editicn) and ct ,":er provisions of the Contract Documents as indicated
below. Ail provisions which are not so amiended, or supplemented remain in full force and erect
Articles ,S through 25, inclusive, are suppiernental and in addition to the Standard General Conditions.
II ARTICLE 2 — PRELIMINARY MAiii ERS
4.2.1.3 In the preparation of Drawincs and Specifications, ENGINEER has relied upon:
The report dated October 10, 1992, by Continental Shelf Associates, Inc.,
Jupiter, Florida, entitled, "Jupiter inlet Sand Trap Rock Substrate Survey
and Mapping," consisting of 7 pages. The technical data contained in this
report upon which CONTRACTOR may rely is found only on pages 3, 4,
I 5,6 and 7.
' Report copies and d2wings that are not included with Bidding
Documents may be examined at Jupiter Inlet District, 400 North Delaware
Boulevard, Jupiter, Florida, during regular business hours (SAM to 5PM).
i` These reports and drawines are not part of the Contract Documents but
the technical data contained therein, upon which CONTRACTOR is
• entitled to rely as provided in GC -4.2.2 and as identified and established
i above, are incorporated therein by reference. CONTRACTOR is not
entitled to rely upon other information and data utilized by ENGINEER in
the preparation of Drawings and Specifications. Such reports are offered
to CONTRACTOR as information relevant to bid preparation and
1
SC -2.2
AMEND PARAGRAPH 2.2 CF THE
STANDARD GENERAL CONDITIONS TO READ AS FOLLOWS:
"DISTRICT will famish CONTRA.0 T OR five (5) copies of the Con'ract Documents at no
test for use during construction. Additional copies will be furnished at the cost of
reproduction and postage."
SC -2.5
DELI ii E PARAGRAPH 2.5.1 OF TFE STANDARD GENERAL
CONDITIONS IN ITS ENTIRi Y.
SC -2.7
DELE T E PARAGRAPH 2.7 OF TAE STANDARD GENERAL CONDITIONS IN iTS
ENTIRETY AND INSERT THE FOLLOW"ING IN ITS PLACE:
'VMhen the CONTRACTOR delivers the executed counterparts of the Agreement to
DISTRICT, CONTRACTOR shall also deliver to DISTRICT with a copy to ENGINEER,
certificates and other evidence of insurance requested by DISTRICT which
CONTRACTOR is required to purchase and maintain in accordance with Paracraohs GC-
5.4, SC -5.4, SC -5.6 and SC -5.7 of these Supplementary Conditions' ...
ARTICLE 4 — AVAILABILITY OF LANDS; SURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS
y
SC -4.2.1
ADD A NEW SUBPARAGRAPH IMMEDIATELY AFT ER SUBPARAGRAPH 4.2.1.2 OF
THE STANDARD GENERAL CONDITIONS TO READ AS FOLLOWS:
4.2.1.3 In the preparation of Drawincs and Specifications, ENGINEER has relied upon:
The report dated October 10, 1992, by Continental Shelf Associates, Inc.,
Jupiter, Florida, entitled, "Jupiter inlet Sand Trap Rock Substrate Survey
and Mapping," consisting of 7 pages. The technical data contained in this
report upon which CONTRACTOR may rely is found only on pages 3, 4,
I 5,6 and 7.
' Report copies and d2wings that are not included with Bidding
Documents may be examined at Jupiter Inlet District, 400 North Delaware
Boulevard, Jupiter, Florida, during regular business hours (SAM to 5PM).
i` These reports and drawines are not part of the Contract Documents but
the technical data contained therein, upon which CONTRACTOR is
• entitled to rely as provided in GC -4.2.2 and as identified and established
i above, are incorporated therein by reference. CONTRACTOR is not
entitled to rely upon other information and data utilized by ENGINEER in
the preparation of Drawings and Specifications. Such reports are offered
to CONTRACTOR as information relevant to bid preparation and
1
performance of the Work, and not as assumptions which CONTRACTOR
may take as true. All risks and burdens associated with the inaccuracy of
any conclusions contained in the reports shall be bome by the
CONTRACTOR.
ARTICLE 5 — BONDS AND INSURANCE
SC -5.1 AMEND PARAGRAPH 5.1 Or THE STANDARD GENERAL CONDITIONS, BY ADDING
THE FOLLOWING:
...'The surety must be licensed to conduct business in the state of Florida."
AND SO AMENDED PARAGRAPH 5.1 OF THE STANDARD GENERAL CONDITIONS REMAINS IN
EFFECT.
SC -5.4 ADD A NEW - PARAGRAPH IMMEDIATELY AFTER PARAGRAPH 5.4.13 OF THE
STANDARD GENERAL CONDITIONS, WHICH IS TO RE-",D AS FOLLOWS:
5.4.14. The limits of liability for the insurance required by Paragraphs 5.3 and 5.4 of the
Standard General Conditions shall provide coverage for not less than the following
amounts or greater where required by law:
1. Comprehensive General Liability Insurance:
A- Bodily Injury Liability:
51,000,000 per c!aim/occurrence
B. Property Damage Liability:
5250,000
2. Contractual Liability Insurance:
A Bodily Injury Liability:
$1,000,000
B. Property Damage Liability:
$250,000
3. Worker's Compensation and Employer's Liability Insurance:
A. Worker's Compensation: Florida statutory minimum.
B. Employer's Liability: Bodily Injury
S1,000,000
6. Motor Vehicle Liability:
A. Bodily injury Liability:
$1,000.000
DISTRICT and ENGINEER shall be named as additional insureds.
' I C -55
� I
c
SC -5.6
,hrough
SC 5.15,
inc!usive DELETE PARAGRAPHS 5.6 THROUGH 5.15 OF THE STANDARD
GENERAL CONDITIONS W THEIR ENTIRETY.
SC -5.15 ADD A NEW PARAGRAPH IMMEDIATELY AFTER PARAGRAPH
5.15 OF THE STANDARD GENERAL CONDITIONS WHICH IS TO
READ AS FOLLOWS:
5.16. Cerificates in duplicate from the insurance carrier stating the limits of liability and
expiration date shall be filed with DISTRICT before operations are begun. Such
certificates shall not merely name the types of policy provided but shall specifically refer to
this Contract and shall contain a separate express statement of compliance with each of
the requirements as set forth in this Article. The certificates shall, in addition to the
information relative to the insurance required, contain the following:
'
+ ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
i SC-6.8 INSERT A NEW PARAGRAPH 5.8 AS FOLLOWS:
'I Contractor shall identify all subcontractors and suppliers and others individually
responsible for more than five percent (5 %) of the total work. No more than forty percent
C -5o
r.r rK: _:.� _ r�J �.rr �•. • cu
5.1, 6. 1. inception and expiration, dates of insurance policy.
5.16.2. Limits of liability provided (Public Liability and Property Damage).
5.16.3. Coverage provided, including special hazards if required.
5.16.4. Name of insurance company.
'
5.116.5. Policy number.
5.16.6. Additional interests covered.
5.16.7. Statement that the Explosion, Collapse, and Underground exclusions do
'
not apply.
5.16.8. Certificate shall reflect self- insured retention applicable to any contract of
insurance.
5.;6.9. Excess liability certif-ied contracts must state iinderlying insurance
requirements.
5.16.10. Project number and nature of work.
No certificate will be accepted which exculpates the issuer or reduces any rights
conferred on the DISTRICT by the above certificates, nor will they be accepted unless the
certificates bear a live signature of a direct representative of a company authorized to do
l
business in Florida.
No certificate will be accepted unless the person signing the certificate certifies, in a
separate letter, his/her exact relationship with the insurance carrier or carriers indicated in.
the certificate.
l
The DISTRICT may, at his discretion, modify or waive any of the foregoing requirements.
No contract of insurance containing a "claims made" insuring agreement will be
acceptable unless the CONTRACTOR offering such insurance to fulfill the requirements
of this Contract agrees that each such contract of insurance shall be renewed for the
'
entire existence of the contractor, their successors or assigns; and that on termination of
such coverage which is not replaced by a similar contract with the required limits of
1
liability, a "tail policy" will be purchased with limits not less than those required by this
Contract.
+ ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
i SC-6.8 INSERT A NEW PARAGRAPH 5.8 AS FOLLOWS:
'I Contractor shall identify all subcontractors and suppliers and others individually
responsible for more than five percent (5 %) of the total work. No more than forty percent
C -5o
r.r rK: _:.� _ r�J �.rr �•. • cu
j °��
SCOnua CtG 1aL _ w ,,c:Ok y `n aCO,p:5+ =
Car °Ce CO,-,. y
Gf u e C • I .ed `y sc;cC :Ed COnt'aCtOrs
° t ° _ :° -CCO^ I
r yt. _ n o �t-S, CC C I C'R s�all
C\ \'n IofC�S. \/t in 1Ve ( -� CG; S ai,cr i e C'G.e Of 0 -:lift of 1 1 �^
an ' nr� -< < -J _ `,Er - Gisons d
IO ul °_ C I IC 1 c 1.St OI s S' bC0l :tfa�. fS, ��Y•' Y-
t -c °_ ? f 'l,e \',f0'K for w`ic`1 S.c.l iCEntfic�.'on 'S
Ofca'i�aiiCns fOpCS-d for OI:IG"S O
ed cn u.= I- L'st of c `c i..' c:c's pfc:'idEd `y , e DISTRICT. Such Est s`,all to
td _y ail = - -ncn�E s.atc, ° t .�It`1 pErinEilt InljCni..aii;n IECafOil� Si 11iGi
f0. °C +cG t E( e\'I"ErGe cf_ _G `'o, for e2sI suc,l SUb00iluc�wf SL:;p2.r, p_fscn
cn� Oi .. : :�Ca 1 ' -
rn -- "=c'Ed `y� DIS T -1C T Or ENGINE=R,
or Vf�C11 �G On :f I t _ J
1 a t. GS _ _ _ �.. .. a• 1
C�v i{iVESi1CGllvn . I�GSJ, � -•� CJ IGn 4r) G %y I✓ 1
Er pE'scn Or Oi_ail�ati0n, .:-.-=y tefore ule NC•Jca of A \1'afd :S 11, - U�_t -, _._•
l)
$Uw�SS'' EIOCcr i0 STlbmmit an cC = :.'GDie S 't SiiiL' °, 1'.'I`� 10'Jt an 1-c -, -se in _id pnCa.
tilt CJw =55-:1 Si der C.'.. S i0 l ,a':e any SUG1 sUt`SiijUa -n, ^i-le DDS I �l.l li,ay
c ?r "ci 'L- iC'.\' -s' r=sponsNe and fES�Ci.SI'1i° =IOCcr ulat prcpcs=s to
cd.ciC u:7 COnI. aCt i0 Lj nE i t
Lce _ _+ it- '.cr - -c __S a %d C =nICS :ICiS.
G'. C__1_ -•.. S:..Jc- G1+�CL: 'L'prl+cfs Gil Gt.' Y" ✓' ..
!,= .,:ii]IitrJ t0 1..= ,e ic- .!�S. :d SL_o...lti0n5 1YII1 nOt CG ^SiitL'te crOJ %.. s ICr :+' 1— G- . -- �.
Old- sEOL'il;y Cf _ -:y Oi- :der. - "y `UJG ^n -cC.O CI I ^r ilE( Gino sOn or o, C=ill�ca 1
' -0-1 �.- DIS -!L: 1 .r �NGINE�R COcSYnOf 71,Eke K ;,En C'LicCaOfl r. "i0r :0
lis c:+
and ,0 15.: � i I . ,
�- 'mow �f ✓e tzemEd acne ^.a le to t.,e DIS I RIC I and
+ ;' e Da.e Cf �'e
E;;G;NEER s�. _ct to rEVOwf_a of such accep.ance ai-,er II Ei,�c.i',e .
aS - C \'iCEd lit Pfi_= =pl ,,.3.2 of 6;e S.anda,d G:nerzl Concliio,
- r
ADD THE FOLLCV G NZ J cL =; ?.- =,G TO
5.20 OF 7,-,'=- Si.= .NDARD G =N=- =.L CONDITION'S:
3 20 ' `CiaiG 1 is cir11_j to ; Eral 1 a and local Ia' ✓rs, -,:!=-s and
COnCEfiuil9 w %Si- JC.IOn Saf =`y and lEaltl Standards. I l2 CON I . L.0 I OR aOrEES not IO
rz. uiie any 1':Oircf t0 V ✓Olt it S'- 'r:oundiflCs or Lnder conditions ; wi -ich are UiSarll.ai✓,
',Laf.OL'S, Oi Ca.nceroLs t0 h s L, == uti1 or sal -ty. -
5.20.5. CONTRACTOR s.. -10 \'e all debr s frCn tie beach all a, Prior to sand
placEri °_-'t 7-, rag LirEnenI :S T,.2n6a10ry as t0 prevent injunes-
SC -5.2 i ADD THE FOLLOV01NG TO ?.- .GR PH 5.31:
' 1 %s InGE: ii+iLy sLa11 ExIEnd a,5 r t0 any CcIT,aC° i0 rEal �rO�EI , Or u'iy f liEicSt a ErEll.
6. 3.1 ADD NEl'J SU�Pr� G=�PH 6.33.1 AS FOLLOWS: PursLant to F. S. 72 .03,
`� CON T FL- '.CTOR shall not be limited. ine specific considEraticn for.
e indEnrliy cf UI_
u;is 1ndEf inky :s ,-e sur,, Of z,10.00, IO be paid �y Ile DISTRICT as an addigon t0 'th
l )ival p2yl.lEnt l lace i0 u e CCI \! .I.0 T OR.
' ! SC -a -11 DELETE PILJ sAGRAFH 8.11 I: ITS ENTIRETY.
' ARTICLE 9 - ENGINEERS STATUS DURING CONSTRUCTION
SC -9.3 ADD THE FOLLOWING NEW SUBPARAGRAPH TO PARAGRAPH 9.3 OF THE
STANDARD GENERAL CONDITIONS:
9.3.1. Authority and Duties of Resident Project Representative: A Resident Project
' Representative employed by the ENGINEER shall be authorized to observe all work
done and all material fumished. Such observation may extend to all or any part of the
work and to the preparation, fabrication, or manufacture of the materials to be used. A
Resident Project Representative is not authorized to revoke, alter, or waive any
provision of the contract. The Resident Project Representative is not authorized to issue
instructions contrary to the Drawings and Specifications or to act as foreman for the
CONTRACTOR.
C -57
SC -9.4 DELETE THE SECOND AND THIRD SENTENCES OF PARAGRAPH 9.4 OF THE
ISTANDARD GENERAL CONDITIONS.
ARTICLE .4 — PAYMENT TO CONTRACTOR AND COMPLETION
SC -14.1 ADD THE FOLLOWING NEW SUBPARAGRAPHS IMMEDIATELY AFTER
' PARAGRAPH 14.1 OF THE STANDARD GENERAL CONDITIONS:
14.1.1. There will be only one progress payment and one final payment The progress
payment will be made after completion of mobilization, in such amount as is approved by
the ENGINEER, in accordance with Article 14 of the Standard General Conditions, not to
exceed twenty -five percent (25 %) of the Contract Price. Final payment will be made in
accordance with 14.13 of the Standard General Conditions.
' 14.1.2. Completion of mobilization, for purposes of the progress payment, shall require
that the CONTRACTOR have all needed equipment on site and in operation to the extent
of successfully placing a minimum quantity of 1,000 cubic yards of dredge material from
the excavation of the sand trap onto the beach within a 24 -hour period.
' THE FOLLOWING ARTICLES ARE SUPPLEMENTARY AND SHALL BE IN ADDITION TO
THE STANDARD GENERAL CONDITIONS:
' ARTICLE 19 — CONFLICTS
' SC -19.0 To the extent that there is an express conflict between the Supplemental Conditions of the
Standard General Conditions and the remainder of the contract documents, the
Supp!emental Conditions of the Standard General Conditions hereto shall prevail.
Otherwise, the Supplemental Conditions of the Standard General Conditions are
supplementary to the other contract documents.
i ARTICLE 22 — CONSTRUCTION SUPERINTENDENT
SC -22.0 The CONTRACTOR shall designate, in writing to the ENGINEER, a superintendent and.
any necessary assistants satisfactory to the ENGINEER to receive the DISTRICT and
ENGINEERS instructions. The Superintendents) shall not be chanced except with the
consent of the ENGINEER, unless the Superintendent proves to be unsatisfactory to the
CONTRACTOR and ceases to be in his employ. The Superintendent(s) shall follow
■ without delay all instructions of the DISTRICT or the ENGINEER or their Resident Project
Representative in the prosecution and completion of the work and every part thereof. A
j Superintendent must be on the site at all times during project construction or otherwise
make himself available to the ENGINEER.
ARTICLE 23 — ENGINEER'S SITE VISITS
' f SC -23.0 • The ENGINEER may direct the maintenance of the gages, ranges, location, baseline
monumentation, marks and limit marks in proper order and position, but the presence of
the ENGINEER shall not relieve the CONTRACTOR of responsibility for the proper
C -sa
execu,tion of Le work In aC„`.,:,anCe With t.`Ie S.^DCi lCatIG�S. The ENGINEER Small a \'e
L' nllmiied 2! --ess to ;,he ^tart I ale CON I =.-+C I GR will be rec.U; z-d to f�. �.Sh, at u e
revues, of
'he DIS I rcICT Gf .Le =NGiN��R SJItaGie uarSpG�aJGn G:I t} e St Ore, w and
from J i plant and all atte t:ant ecu, Jm en, t
L.. lLi CV. \ii�i�C ll.�R rte; �Se, ri �l^'�� Or v:'Gy �.Cl��.e i�'1 :1 i�r1.s, •Le �.^..�iC
S :1d J ? y e =urn;s`ed and I.,ain a;rled ty L. ENGiNEEF and the ,ost e(ecf v,ll be deducted trcm
a'.iiiti s I.. :.
aCy 'c 'CU 5 C: °_ or t0 b.CG- °- due 'Lille COI\
ARTICLE 24 - PERMITS AND LICENSES
SC -24.0 The DISTRICT has obtained the Palm Beach County environmental Resource
Management Department (ERM), Department of Natural Resources (DNR), Department
of Environmental Regulation (DER) and U.S. Corps of Engineers (USACOE) permits
and easements. Appendices C, D, E and F contain the DEP permits, DER permits,
USACOE permits and the PBCDERM. Any other permits and licenses required for the
prosecution of the work as specified in Section 6.13 of the Standard General Conditions
shall be secured and paid for by the CONTRACTOR, specifically and without limitations.
The CONTRACTOR shall obtain any and all certifications and /or approvals required by
DNR and U.S. Coast Guard regarding dredges and related equipment. CONTRACTOR
shall be responsible for strict compliance with all permits.
I.,iICLE25- UT11 -11
SC -25 ADD 7,-,'=- FOLLOV%fiNG:
25.1 %Yat_r - Tine respers!�iiity shall be upon the CONTi?,C T CP, to provide and
imaintain at his own expense an ade=2'e supply Of water for his USe for construction, and
I lr,Stall and maintain ne'.ESsay supply connections and piping for same, but only at
such io,tions and in such r-,.a :lner as may be approved by the ENGINEER. In the event
vrater is irnade available by lL.e DISTRICT, the CONTRACTOR shall, of his own expense,
install a meter to deter-mine -le amount of water used by hint and such water will be raid
for by, or charoed to, the CONTRACTOR at prevailing rates or at reasonable rtes as
determined by the ENGINEER. Before final acceptance, temporary connections and
piping ir.s:al;_d by the CONT =.CTOR shall be removed in a manner satisfactory to the
ENGINEER.
25.2 Eiectrici`y - All elegy is cu, ent required by the CON T FAC T OR shall be fumished
at his own expense. In tie event electricity is made available by ale DISTRICT, the
CONTRACTOR shall, at, his own expense, install a meter to del- -mine, the amount of
current used by him and such electricity will be paid for by, or charged to, the
CONTRACTOR at prevailing rates or at reasonable rtes as detenined by the
ENGINEER_ AI temporary tines will be `umishe -d, installed, connec-tLd, and maintained by
the CONTRACTOR in a workmanlike manner sass dory to the ENGINEER.
25.3 Telephone - All te' :phone services required by the CONTRACTOR shall be
furnished at his own expe-:se. �JI temporary lines will be furnished, installed, connected,
• and maintained by the CONTRACTOR in a workmanlike manner satis octory to the
ENGINEER.
C -E9
SECTION 00800
SUPPLEMENTARY CONDITIONS
The following supplements modify, change from or add to the Standard General Conditions of
the Construction Contract, EJCDC Document 1910 -8, 1996 Edition. Where any Article of the
General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified
or deleted by these supplements, the unaltered provisions shall remain in effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to 1.28 Notice of Award: "When requested by OWNER, the Notice
of Award may be issued by the ENGINEER."
Add the following sentence to 1.29 Notice to Proceed: "When requested by OWNER, the Notice
to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.50:
1.51 ARCHITECT /ENGINEER - The person, firm or corporation named as the ENGINEER in
the Agreement.
1.52 Provide - As used in the Project Manual, means to furnish and install, complete and ready
for intended use.
1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and
equipment.
1.54 Project Manual - The volume of written construction documents, including the Bidding
Documents, sample forms, and the Contract Documents, such as the Conditions of the Contract
and the Specifications.
ARTICLE 2 - PRELIMINARY MATTERS
Add the following to Paragraph 2.01.: "If the Work is to be commenced prior to execution of the
Agreement in response to a letter of intent, CONTRACTOR shall, prior to commencement of the
Work, submit evidence satisfactory to OWNER that such bonds will be furnished."
In the first line of Paragraph 2.02., change the term "...ten..." to read "...six... ".
Delete Paragraph 2.03. and replace with the following:
2.03. The date of commencement of the Work is the date established in a Notice to Proceed. If
there is no Notice to Proceed, it shall be the date of the OWNER - CONTRACTOR Agreement or
such other date as may be established therein.
Add the following to Paragraph 2.05.:
03/03 00800 -1 03 -4122
D. CONTRACTOR shall perform no portion of the Work at any time without Contract
Documents or, where specified, approved Shop Drawings for such portion of the Work.
E. By executing the Contract, CONTRACTOR represents that he has visited the site,
familiarized himself with the local conditions under which the Work is to be performed, and cor-
related his observations with the requirements of the Contract Documents.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Add the following to Paragraph 3.02.A.:
3. Sections of Division One - General Requirements govern the execution of all sections of the
Specifications.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read "...bidding
requirements... ".
In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read "...bidding
requirements... ".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain... ", insert the words, "...in a
company or companies licensed to do business in the State of Florida,... ".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle. ", insert the words ... 1 "..., or
arising out of operation of laws and regulations for damages because of bodily injury or death of
any person or for damage to property."
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis including:
i. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
V. Contractual Liability.
vi. Owned, non -owned and hired motor vehicles.
Vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a. Workers' Compensation, etc. under paragraphs 5.4.1
and 5.4.2:
L!atuto7
1. State
2. Applicable Federal
11 03/03 00800 -2 03 -4122
(e.g. Longshoreman's)
Statutory
and /or Maritime)
3. Employer's Liability
$ 100.000.00
b. Contractor's Liability Insurance
under Article 5.4, which shall
also include completed operations
and product liability coverages
and eliminate the exclusion with
respect to property under the care,
custody and control of Contractor:
1. General Aggregate
(Except Products -
Completed Operations)
$ 1,000,000.00
2. Products - Completed
Operations Aggregate
$ 1.000.000.00
3. Personal and Advertising
Injury (Per Person/
Organization)
$ 1,000,000.00
4. Each Occurrence
(Bodily Injury and
Property Damage)
$ 1.000,000.00
5. Property Damage liability insurance
will provide
Explosion, Collapse and Underground coverages
where applicable.
6. Excess Liability
General Aggregate
$ 1,000,000.00
Each Occurrence
$ 1,000,000.00
C. Automobile Liability under paragraph 5.4.6:
1. Bodily Injury:
Each Person $ 1,000,000.00
Each Accident $ 1,000,000.00
Property Damage:
Each Occurrence $ 1,000,000.00
OR
03/03 00800 -3 03 -4122
2. Bodily Injury and Property
Damage Combined Single Limit:
Each Occurrence $ 1,000,000.00
Aggregate $ 1,000.000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy. Add
the following names:
OWNER - City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
ENGINEER - Cutcher & Associates, Inc.
Coastal Engineers
330 Clematis St., Suite 214
West Palm Beach, FI 33401
OTHER -
The additional liability coverage for ENGINEER is not to be construed as to requiring, in any
way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting
ENGINEER for its liability emanating from professional errors or omissions.
In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for CONTRACTOR's promises are:
a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's
employees to CONTRACTOR, receipt whereof is hereby acknowledged and the
adequacy of which CONTRACTOR accepts as completely fulfilling the
obligations of OWNER, ENGINEER, and ENGINEER's employees under the
requirements of Section 725.06, Florida Statutes, and;
b. The entry of OWNER and CONTRACTOR into the construction contract
because, but for CONTRACTOR's promises as contained in the General
Conditions, OWNER would not have entered into the construction contract with
CONTRACTOR.
Add the following after Paragraph 5.06.E:
F. The form of policy for this coverage shall be Completed Value.
G. if under the provisions of this insurance there are mandatory deductibles, or if OWNER
' elects to increase the mandatory deductibles or purchase this insurance with voluntary
deductible amounts, then OWNER shall be responsible for payment of the full amount of the
deductible in the event of a paid claim.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
1 03/03 00800 -4 03 -4122
Add the following after Paragraph 6.05.F:
G. The use of asbestos or asbestos -based fiber materials is prohibited in this Project.
Add the following after Paragraph 6.08:
6.08.A. The OWNER will secure and pay for only the following governmental charges and
inspection fees:
a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook -up fees, and
f. impact fees.
6.08.6. CONTRACTOR shall pay for all building permits and charges of utility owners for
connections to the Work, and OWNER will pay charges of such utility owners for capital costs
related thereto such as plant investment fees.
Delete the last sentence of Paragraph 6.12. and substitute the following: 'These shall be
available to ENGINEER for examination during construction and shall be delivered "to
ENGINEER for OWNER upon Substantial Completion of the Work."
' At the end of Paragraph 6.13.6, add the following sentences: 'The Occupational Safety and
Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards are in effect during the period of construction of the Project. In compliance with
' current State of Florida statutes, the Contractor or subcontractor performing trench excavation
work on the Project shall comply with the applicable trench safety standards."
' In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows:
"...(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable
ENGINEER's attorney's fees, and court costs)... ".
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
Change the first sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER
agree, ENGINEER will be OWNER's representative during the construction period."
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
Add the following:
10.06. Without invalidating the agreement, Owner may, at any time execute appropriate
Change Orders for additions and /or deletions in the work of up to 25% of the total contract
amount, without a change in the contract unit prices bid.
03/03 00800 -5 03 -4122
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.03. TEST AND INSPECTIONS:
Replace 13.03.B. with "All testing shall be paid for by the Contractor."
Add the following sentence to Paragraph 13.07.A.: "Specific and special warranties specified in
the Contract Documents are in addition to, and not in lieu of, the contractors general warranty.
CONTRACTOR shall not be relieved of general warranty obligations by the specification of
specific products or procedures."
13.09. OWNER MAY CORRECT DEFECTIVE WORK:
Change the first line from:
If Contractor fails within a reasonable time after written notice of Engineer...
To read:
If Contractor fails within ten (10) calendar days after written notice of Engineer...
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before
each progress payment is scheduled (but not more often than once a month), ..." to read "By no
later than the first day of the month, ... ".
Add 14.02.A.4: "An original Partial Release of Lien is required from the General Contractor
along with the application for Payment No. 1 and for each subsequent application thereafter.
For each application for payment (excluding Application No. 1) the Contractor shall submit with
the application Partial Releases of Liens for all Notice to Owners that have been received for the
project by the Owner and Engineer".
In Paragraph 14.02.B., change the beginning of the sentence from 'Ten days..." to read "Forty -
five days... ".
■ In the first sentence of Paragraph 14.05.A.2., following the word "...Work... ", insert the words
"...or to place and install equipment... ".
' At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the
Owners and governing agencies."
' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.B., insert the following after the words... such excess...;
"...(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable
' ENGINEER's attorney's fees, and court costs)... ".
1 03/03 00800 -6 03 -4122
ARTICLE 16 - DISPUTE RESOLUTION
Delete in its entirety.
ARTICLE 17 —MISCELLANEOUS
Add 17.05.6: "The venue for any cause of action shall be Broward County."
END OF DOCUMENT
03103 00800 -7 03 -4122
SECTION 00800
SUPPLEMENTARY CONDITIONS
The following supplements modify, change from or add to the Standard General Conditions of
the Construction Contract, EJCDC Document 1910 -8, 1996 Edition. Where any Article of the
General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified
or deleted by these supplements, the unaltered provisions shall remain in effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to 1.28 Notice of Award: "When requested by OWNER, the Notice
of Award may be issued by the ENGINEER."
Add the following sentence to 1.29 Notice to Proceed: "When requested by OWNER, the Notice
to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.50:
1.51 ARCHITECT /ENGINEER - The person, firm or corporation named as the ENGINEER in
the Agreement.
1.52 Provide - As used in the Project Manual, means to furnish and install, complete and ready
for intended use.
1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and
equipment.
1.54 Project Manual - The volume of written construction documents, including the Bidding
Documents, sample forms, and the Contract Documents, such as the Conditions of the Contract
and the Specifications.
ARTICLE 2 - PRELIMINARY MATTERS
Add the following to Paragraph 2.01.: "If the Work is to be commenced prior to execution of the
Agreement in response to a letter of intent, CONTRACTOR shall, prior to commencement of the
Work, submit evidence satisfactory to OWNER that such bonds will be furnished."
In the first line of Paragraph 2.02., change the term "...ten..." to read "...six... ".
Delete Paragraph 2.03. and replace with the following:
t 2.03. The date of commencement of the Work is the date established in a Notice to Proceed. If
there is no Notice to Proceed, it shall be the date of the OWNER - CONTRACTOR Agreement or
such other date as may be established therein.
Add the following to Paragraph 2.05.:
1 03/03 00800 -1 03 -4122
D. CONTRACTOR shall perform no portion of the Work at any time without Contract
Documents or, where specified, approved Shop Drawings for such portion of the Work.
E. By executing the Contract, CONTRACTOR represents that he has visited the site,
familiarized himself with the local conditions under which the Work is to be performed, and cor-
related his observations with the requirements of the Contract Documents.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Add the following to Paragraph 3.02.A.:
3. Sections of Division One - General Requirements govern the execution of all sections of the
Specifications.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read "...bidding
requirements... ".
In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read "...bidding
requirements... ".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain... ", insert the words, "...in a
company or companies licensed to do business in the State of Florida,... ".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle. ", insert the words...1 "..., or
arising out of operation of laws and regulations for damages because of bodily injury or death of
any person or for damage to property."
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis including:
i. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
V. ` Contractual Liability.
vi. Owned, non -owned and hired motor vehicles.
vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a. Workers' Compensation, etc, under paragraphs 5.4.1
and 5.4.2:
1. State
2. Applicable Federal
Statutory
1 03/03 00800 -2 03 -4122
(e.g. Longshoreman's)
Statutory
and /or Maritime)
3. Employer's Liability
$_ 100,000.00
b. Contractor's Liability Insurance
under Article 5.4, which shall
also include completed operations
and product liability coverages
and eliminate the exclusion with
respect to property under the care,
custody and control of Contractor:
1. General Aggregate
(Except Products -
Completed Operations)
$ 1,000,000.00
2. Products - Completed
Operations Aggregate
$ 1,000,000.00
3. Personal and Advertising
Injury (Per Person/
Organization)
$ 1,000,000.00
4. Each Occurrence
(Bodily Injury and
Property Damage)
$_ 1,000,000.00
5. Property Damage liability insurance will provide
Explosion, Collapse and Underground
coverages
where applicable.
6. Excess Liability
General Aggregate
$ 1,000,000.00
Each Occurrence
$ 1,000,000.00
C. Automobile Liability under paragraph 5.4.6:
1. Bodily Injury:
Each Person $ 1,000,000.00
Each Accident $ 1,000,000.00
Property Damage:
Each Occurrence $ 1,000.000.00
OR
03103 00800 -3 03 -4122
2. Bodily Injury and Property
Damage Combined Single Limit:
Each Occurrence $ 1.000.000.00
Aggregate $ 1,000.000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy. Add
the following names:
OWNER - City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
ENGINEER - Cutcher & Associates, Inc.
Coastal Engineers
330 Clematis St., Suite 214
West Palm Beach, FI 33401
OTHER -
The additional liability coverage for ENGINEER is not to be construed as to requiring, in any
way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting
ENGINEER for its liability emanating from professional errors or omissions.
In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for CONTRACTOR's promises are:
a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's
employees to CONTRACTOR, receipt whereof is hereby acknowledged and the
adequacy of which CONTRACTOR accepts as completely fulfilling the
obligations of OWNER, ENGINEER, and ENGINEER's employees under the
requirements of Section 725.06, Florida Statutes, and;
b. The entry of OWNER and CONTRACTOR into the construction contract
because, but for CONTRACTOR's promises as contained in the General
Conditions, OWNER would not have entered into the construction contract with
CONTRACTOR.
Add the following after Paragraph 5.06.E:
F. The form of policy for this coverage shall be Completed Value.
G. If under the provisions of this insurance there are mandatory deductibles, or if OWNER
elects to increase the mandatory deductibles or purchase this insurance with voluntary
deductible amounts, then OWNER shall be responsible for payment of the full amount of the
deductible in the event of a paid claim.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
03/03
11:11
03 -4122
Add the following after Paragraph 6.05.F:
G. The use of asbestos or asbestos -based fiber materials is prohibited in this Project.
Add the following after Paragraph 6.08:
6.08.A. The OWNER will secure and pay for only the following governmental charges and
inspection fees:
a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook -up fees, and
f. impact fees.
6.08.B. CONTRACTOR shall pay for all building permits and charges of utility owners for
connections to the Work, and OWNER will pay charges of such utility owners for capital costs
related thereto such as plant investment fees.
Delete the last sentence of Paragraph 6.12. and substitute the following: "These shall be
available to ENGINEER for examination during construction and shall be delivered "to
ENGINEER for OWNER upon Substantial Completion of the Work."
At the end of Paragraph 6.13.13, add the following sentences: "The Occupational Safety and
Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards are in effect during the period of construction of the Project. In compliance with
current State of Florida statutes, the Contractor or subcontractor performing trench excavation
work on the Project shall comply with the applicable trench safety standards."
In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows:
"...(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable
ENGINEER's attorney's fees, and court costs)... ".
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
Change the first sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER
agree, ENGINEER will be OWNER's representative during the construction period."
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
Add the following:
1 -0.06. Without invalidating the agreement, Owner may, at any time execute appropriate
CiTange Orders for additions and /or deletions in the work of up to 25% of the total contract
amount, without a change in the contract unit prices bid.
03/03 00800 -5 03 -4122
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.03. TEST AND INSPECTIONS:
Replace 13.03.B. with "All testing shall be paid for by the Contractor."
Add the following sentence to Paragraph 13.07.A.: "Specific and special warranties specified in
the Contract Documents are in addition to, and not in lieu of, the contractors general warranty.
CONTRACTOR shall not be relieved of general warranty obligations by the specification of
specific products or procedures."
13.09. OWNER MAY CORRECT DEFECTIVE WORK:
Change the first line from:
If Contractor fails within a reasonable time after written notice of Engineer
To read:
If Contractor fails within ten (10) calendar days after written notice of Engineer...
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before
each progress payment is scheduled (but not more often than once a month), ..." to read "By no
later than the first day of the month, ... ".
Add 14.02.A.4: "An original Partial Release of Lien is required from the General Contractor
along with the application for Payment No. 1 and for each subsequent application thereafter.
For each application for payment (excluding Application No. 1) the Contractor shall submit with
the application Partial Releases of Liens for all Notice to Owners that have been received for the
project by the Owner and Engineer".
In Paragraph 14.02.B., change the beginning of the sentence from 'Ten days..." to read "Forty -
five days... ".
In the first sentence of Paragraph 14.05.A.2., following the word "...Work... ", insert the words
"...or to place and install equipment... ".
At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the
Owners and governing agencies."
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.B., insert the following after the words—such excess...;
"...(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable
ENGINEER's attorney's fees, and court costs)... ".
03/03 00800 -6 03 -4122
ARTICLE 16 - DISPUTE RESOLUTION
Delete in its entirety.
ARTICLE 17 — MISCELLANEOUS
Add 17.05.6: "The venue for any cause of action shall be Broward County."
END OF DOCUMENT
03/03 00800 -7 03 -4122
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
Page
Section
TS -1
1.0
Site Preparation ............................................................... ...............................
TS -1
1.1
1.2
Scope ................................................................................. ...............................
Existing Surface and Sub - Surface Conditions ..................... ...............................
TS -1
TS -1
1.3
Disposal .............................................................................. ...............................
TS -2
1.4
Removal of Constructed Items ........................................... ....................
...........
........... TS -2
1.5
Clean- up .................................................................. ...............................
TS -2
1.6
Tree and Plant Protection .............................. ...............................
.....................
TS -2
1.7
Protection Requirements ...................................................... ...............................
TS -3
1.8
Responsibility ........................... ...............................
TS -3
2.0
Earthwork .................................. ...............................
2.1
Scope .................................................................. ...............................
TS -3
2.2
Existing Conditions ........................................... ...............................
...............................
..................
2.3
Bench Marks and Monuments ..............................................
TS 4
2.4
Survey
...................
.. TS -4
2.5
.
Density Tests ..................................................................... ...............................
2.6
Fill Material .......................................................................... ...............................
TS -5
2.7
Disposal ........................................................ ....................... ....................
I..........
TS -5
2.8
Control of Water .................................. ...............................
..................
TS -5
2.9
Shoring and Sheeting ........................................................... ...............................
5
2.10
Excavations ......................................................................... ...............................
TS-6
2.11
Filling and Backfil ing ........................................................... ...............................
..................
TS -7
2.12
Compaction ..................................................... ...............................
TS -7
2.13
Grading ................................................................................ ...............................
TS -8
2.14
Erosion Control ..................................................................... ...............................
TS -8
3.0
Concrete Work .................... .................................... ...............................
TS -8
3.1
Scope ...................................................................... ...............................
3.2
Related Documents ...................................... ...............................
TS -8
3.3
Quality Assurance ................................................................ ...............................
TS -9
3.4
Materials ............................................................... ...............................
TS-1 2
3.5
Execution .......................................... ...............................
4.0
Concrete Pilings and Panels ............................................. ...............................
TS -17
TS -17
4.1
Scope ................ ...............................
4.2
Site Conditions .................................................... ...............................
TS-1 7
4.3
Soil Conditions ........................... ...............................
.......... TS -18
4.4
Submittals ........................................... ...............................
TS-1 8
4.5
Quality Assurance ......................
Handling ...............................
TS -19
4.6
Product Delivery, Storage and ...............................
TS -19
4.7
Materials ................... .................... ...............................
TS -21
4.8
Concrete Mixtures ................................................................ ...............................
4.9
................. ....... ...............................
. ...............................
Formwork ......................................................
TS -21
4.10
Placement of Reinforcing .................................................... ...............................
TS -21
4.11
Placement of Concrete ................................................... ...............................
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS - (CONTINUED)
Section
Page
4.12
Curing ..................................................................................
...............................
TS -22
4.13
Shipping and Handling ....................................................... ...............................
TS -22
4.14
Finishes ...............................................................................
...............................
TS -22
4.15
Patching of Lift Loops ..........................................................
...............................
TS -22
4.16
Manufacturing Tolerances ...................................................
...............................
TS -23
5.0
Steel Tie Rods ....................................................................
...............................
TS -23
5.1
Material ................................................................................
...............................
TS -23
5.2
Coatings ...............................................................................
...............................
TS -23
5.3
Termination ..........................................................................
...............................
TS -24
5.4
Casting .................................................................................
...............................
TS -24
6.0
Geotextile Cloth ..................................................................
...............................
TS -25
6.1
Material ................................................................................
...............................
TS -25
6.2
Installation ...........................................................................
...............................
TS -25
7.0
Vinyl Sheet Piling ...............................................................
...............................
TS -26
7.1
Material ................................................................................
...............................
TS -26
7.2
Driving Systems ...................................................................
...............................
TS -26
7.3
Driving Methods ...................................................................
...............................
TS -26
7.4
Driving Corrections ...............................................................
...............................
TS -26
1.0
1.1
TECHNICAL SPECIFICATIONS
SITE PREPARATION
SCOPE:
A. Work includes clearing, removal of constructed items, removal of trees and
plants, and vegetation stripping as indicated on Drawings and specified
herein.
B. Backfilling and compaction of sub- surface voids created by removal of
constructed items, trees and plants is specified under Earthwork.
C. Tree and plant protection.
1.2 EXISTING SURFACE AND SUB - SURFACE CONDITIONS:
A. Drawings indicate known above and underground utilities and /or
construction elements at locations where it is anticipated that they may
interfere with construction of this project. Location of underground utilities
was provided by the utility companies. The ENGINEER and the COUNTY
will assume no responsibility for damage to utilities.
B. The CONTRACTOR shall contact all potential utility and location services
prior to excavation to ensure that no damage or impact to existing utilities is
incurred.
1.3 DISPOSAL:
Items to be removed or cleared shall be removed from project site and
disposed of at a COUNTY approved dump site. Location of dump and
length of haul shall be responsibility of CONTRACTOR. On -site burying of
removed or cleared items shall be prohibited.
TS -1
RJCJOBRI'.iISUNNY ISLESFECHSPECS
1.4 REMOVAL OF CONSTRUCTED ITEMS:
Remove and dispose of all constructed items as may be indicated on
Drawings.
1.5 CLEAN -UP:
As work is completed, CONTRACTOR shall immediately remove and
dispose of all cleared materials and shall leave all driveways, sidewalks, and
other areas free, clear and in good order.
1.6 TREE AND PLANT PROTECTION:
Provide protection for all existing trees and plants which Drawings do not
indicate to be removed. Protect all trees and shrubs on adjoining property
from damage.
1.7 PROTECTION REQUIREMENTS:
Interfering branches shall be removed to a distance of 3' from horizontal and
vertical construction surfaces, unless otherwise approved by the ENGINEER,
except that such removal shall not be on property other than the construction
site.
1) Branches shall be undercut prior to making the severing top cut.
2) Branches which have been cut shall have ends treated with black
pruning paint on day of cut.
B. Interfering tree roots of 1" diameter or larger shall be cut back 12" from face
of embankments, anchor blocks, walls, footings, and other construction
items which are to be placed below grade.
TS -2
RJCl08WSUNNY ISLES/TECHSPECS
1) Root ends shall be painted with black pruning paint and enclosed in
roofing felt for 6 ". Roofing felt shall be securely wired to root.
C. New minor scars shall be treated with black pruning paint on day of damage.
1.8 RESPONSIBILITY:
A. It shall be the responsibility of the CONTRACTOR to provide the physical
and /or management measures required to protect trees and plants from
damage.
B. Damaged trees and /or plants shall be repaired or replaced at
CONTRACTOR's expense.
2.0 EARTHWORK
2.1 SCOPE:
A. Work includes excavation, backfill, compaction, grading and related work as
indicated on Drawings and specified herein.
B. Clearing and disposal is specified in Site Preparation.
C. Tree and plant protection is specified in Site Preparation.
2.2 EXISTING CONDITIONS:
Drawings indicate known underground utilities and /or construction elements
at locations where it is anticipated that they may interfere with construction of
this project. The CONTRACTOR is to verify location of utilities before
excavation is to commence.
TS -3
RJV0aWSUNNY ISLES/TECHSPECS
' 2.3 BENCH MARKS AND MONUMENTS:
Maintain carefully all bench marks, monuments and other reference points. If
' disturbed or destroyed, replace as directed.
2.4 SURVEY:
A. Horizontal control and spot elevation checks by an independent surveyor
may be made as directed by the ENGINEER to determine conformance with
the Contract Documents.
B. Initial survey checks shall be paid for by the COUNTY. Any rechecking
required due to non - conformance shall be paid for by the CONTRACTOR.
2.5 DENSITY TESTS:
Field density control tests shall be made as directed by the ENGINEER to
determine conformance with these specifications. Tests shall be performed
by a qualified testing laboratory and shall be the COUNTY's responsibility to
obtain and pay the costs.
2.6 FILL MATERIAL:
A balance of existing material will be accomplished. No imported fill is
required.
2.7 DISPOSAL:
TSB
RJCJO&/'"..lSUNNY ISIESRECHSPECS
1
Construction material waste, debris, organic material and unsuitable fill
material excavated from required on -site excavations shall be removed from
the site. Location of dumps and length of haul shall be the responsibility of
CONTRACTOR. Disposal to be in COUNTY approved dump site.
2.8 CONTROL OF WATER:
A. At all times during work until completion and final acceptance, ample means
and equipment shall be provided with which to remove promptly and dispose
of properly all standing water that would interfere with the Work.
B. Water pumped or drained from the Work shall be disposed of in a suitable
manner without damage to adjacent property. Water shall not be discharged
onto streets.
C. Any and all water damage shall be promptly repaired by CONTRACTOR at
his expense.
2.9 SHORING AND SHEETING:
A. Excavations shall be shored, sheeted and braced as necessary to
accomplish the work in a safe efficient manner and/or to protect existing
construction. Construction of shoring shall be in accordance with all
applicable federal, state, and local regulatory agency requirements.
CONTRACTOR shall be responsible for all damage to persons or property
resulting from the omission of necessary shoring, sheeting and bracing.
B. Sheeting and bracing shall be removed as the excavation is refilled in such a
manner as to avoid caving in the bank or disturbance to adjacent areas or
structures. The voids left by removal of the sheeting shall be carefully filled
by ramming or as otherwise approved by ENGINEER.
RJCJ aMSUNNY ISLESJTECNSPECS
TS -5
C. If condition requires, CONTRACTOR shall leave in place any or all sheeting
for the purpose of preventing injury to structures, property or persons. If left
in place, such sheeting shall be cut off at least twenty -four (24) inches below
the final grade elevation. Bracing left in place shall be driven up tight prior to
backfilling the excavation.
D. All sheeting or bracing left in place shall not be backfilled without inspection
of the ENGINEER.
2.10 EXCAVATIONS:
A. Excavations shall be true to line and grade indicated on Drawings and shall
conform to following:
1) Excavation shall include removal of all materials of every description as
required to accomplish the Work.
2) CONTRACTOR shall control grading around excavations so that ground
is pitched to prevent water from running into excavated areas.
2.11 FILLING AND BACKFILLING:
A. All filling and backfilling shall conform to following, except as otherwise
specified.
1) Remove all debris from area prior to filling or backfilling.
2) Fill and backfill shall be deposited in layers.
TS -6
RX/MaNSUNNY ISLESrTECHSPECS
2.12 COMPACTION:
A. Compaction shall be performed in a manner such that new and existing walls,
footings, and other structures are undisturbed and undamaged.
B. Compaction specified hereinafter shall be minimum percentage of the
maximum dry density as indicated by the modified Proctor Compaction Test
(ASTM 1557). or ASSHO T -180.
C. The CONTRACTOR shall supply test results to the ENGINEER upon
completion of work. Compaction tests shall be done on the backfill of all
tie -back anchors or as directed by the ENGINEER. The COUNTY will pay
for Density Tests.
2.13 GRADING:
A. Perform all compaction, rough and finish grading required to obtain grades
indicated on Drawings as follows:
1) Surfaces shall be true to lines and grades indicated on Drawings.
2) Grades, not otherwise indicated, shall be uniform slopes between points
and /or existing grades.
3) Tolerance for any specific grade shown on Drawings shall be plus or
minus one -tenth of one foot, but the average elevation for the area shall
be as specified.
4) Finish surfaces shall be uniformly graded with rounded transitions and be
free of holes, ridges and other irregularities.
2.14 EROSION CONTROL:
TS -7
RJC/08WSUNNY ISLES/TECHSPECS
CONTRACTOR shall be responsible for erosion control during the progress
of the work and shall leave the site in good order free from effects of erosion
at final completion of all work.
3.0 CONCRETE WORK
3.1 SCOPE:
The work consists of furnishing materials, labor and equipment to construct
the bulkhead cap and wall anchor blocks including reinforcement and embed
items.
3.2 RELATED DOCUMENTS:
Drawings, general notes, and Florida Dept. of Transportation Specifications
for Road and Bridge Construction; current edition.
3.3 QUALITY ASSURANCE:
A. Comply with provisions of following codes, specifications and standards
except where more stringent requirements are shown or specified.
1) ACI 301 "Specifications for Structural Concrete for Buildings ".
2) ACI 318 "Building Code Requirements for Reinforced Concrete."
3) Concrete Reinforcing Steel Institute, (CRSI) "Manual of Standard
Practice ".
4) FDOT Specifications for Road and Bridge Construction.
5) Where there are differences in codes, the more stringent will apply.
TS -8
RJGO& fSUNNYISLESITECHSPECS
I' 3.4 MATERIALS:
A. FORM MATERIALS:
1) Forms for Exposed Finish Concrete: Plywood, metal, metal- framed
' plywood faced, or other acceptable panel -type materials to provide
continuous, straight, smooth, exposed surfaces. Furnish in largest
practicable sizes to minimize number of joints and to conform to joint
system shown on Drawings.
Use overlaid plywood complying with U.S. Product Standard PS -1 "A -C
or B -B High Density Overlaid Concrete Form: Class I.
' 2) Forms for Unexposed Finish Concrete: Plywood, lumber, metal, or other
acceptable material. Provide lumber dressed on at least 2 edges and one
side for tight fit.
3) Form Coatings: Provide commercial formulation form- coating compounds
that will not bond with, stain nor adversely affect concrete surfaces and
will not impair subsequent treatments of concrete surfaces.
B. REINFORCING MATERIALS:
1) Reinforcing Bars: ASTM A 615, Grade 60, deformed.
2) Supports for Reinforcement: Bolsters, chairs, spacers, and other devices
for spacing, supporting, and fastening reinforcing bars in place. Use
wire bar type supports complying with CRSI specifications.
C. CONCRETE MATERIALS:
1) All concrete to be FDOT Class IV, f, 4,500 psi. Concrete for wall cap to
also be in accordance with FDOT Section 346.
TS -9
RJCl08MSUNNY ISIES/TECHSPECS
2) Use one brand of cement throughout project unless otherwise
acceptable to the ENGINEER.
3) Fly -Ash: Permitted.
4) Normal Weight Aggregates: ASTM C 33 and as herein specified.
Provide aggregates from a single source for exposed concrete.
For exterior exposed surfaces, do not use fine or coarse aggregates
containing spalling-ca using deleterious substances.
5) Local aggregates not complying with ASTM C 33 but which have shown,
by special test or actual service, to produce concrete of adequate
strength and durability may be used when acceptable to the
ENGINEER.
6) Water: Drinkable.
D. RELATED MATERIALS:
1)
2)
Expansion Joint Material: % "nominal thickness, asphalt
impregnated.
Expansion /Constriction Joint Sealant: Low modulus silicone.
3) Liquid Membrane - Forming Curing /Sealing Compound: Liquid type
membrane - forming curing compound complying with ASTM C 309, Type
I, Class A. Moisture loss not more than 0.055 gr. /sq. cm. when applied at
200 sq. ft. /gal.
Products: Subject to compliance with requirements, provide one of the
following:
TS -10
RX48/03GUNNY ISLESRECHSPECS
• "Masterseal "; Master Builders.
• "A -H 3 Way Sealer', Anti -Hydro Waterproofing Co.
• "Encore "; Euclid Chemical Co.
• "Clear Seal "; A.C. Horn
• "Sealco 309 "; Gifford -Hill /American Admixtures.
• "J -20 Acrylic Cure "; Dayton Superior
• "Sure Cure "; A.C. Horn
• "Spartan- Cote "; The Burke Co.
• "Sealkure "; Toch Div. - Carboline.
• "Kure -N- Seal "; Sonnebom- Rexnord.
• "Polyclear'; Upco Chemical /USM Corp.
• "L &M Cure "; L &M Construction Chemicals.
• "Klearseal ", Setcon Industries.
• "LR- 152 "; Protex Industries.
• "Hardtop'; Gifford -Hill.
E. PROPORTIONING AND DESIGN OF MIXES:
1) Design mixes shall be in strict compliance with the FDOT specifications
for the product. No deviations are allowed.
2) Slump Limits: Proportion and design mixes to result in concrete slump
at point of placement as follows:
Not less than 3" and not more than 5 ".
Concrete containing HRWR admixture (super plasticizer): Not more than
8" after addition of HRWR to verified 2 " -3" slump concrete.
TS -11
RJCA)&103ISUNNY ISLESMECHSPECS
F. CONCRETE MIXING:
1) Ready -Mix Concrete from commercial supplier approved by FDOT.
Comply with requirements of FDOT Specifications, and as herein
specified.
3.5 EXECUTION:
A. GENERAL:
1) Coordinate the installation of joint materials with placement of forms and
reinforcing steel.
B. FORMS:
1) Design, erect, support, brace and maintain formwork to support vertical
and lateral, static, and dynamic loads that might be applied until such
loads can be supported by concrete structure. Construct formwork so
concrete members and structures are of correct size, shape, alignment,
elevation, and position. Maintain formwork construction tolerances
complying with ACI 347.
2) Fabricate forms for easy removal without hammering or prying against
concrete surfaces. Provide crush plates or wrecking plates where
stripping may damage cast concrete surfaces.
3) Place chamfer strips for exposed comers and edges as indicated.
4) Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces
to receive concrete. Remove chops, wood sawdust, dirt or other debris
just before concrete is placed. Retightening forms and bracing after
concrete placement is required to eliminate mortar leaks and maintain
proper alignment.
TS -12
RJCM&MISUNNYISLEYMCHSPECS
C. PLACING REINFORCEMENT:
1) Comply with Concrete Reinforcing Steel Institute's recommended
practice for "Placing Reinforcing Bars ", for details and methods of
reinforcement placement and supports, and as herein specified.
2) Clean reinforcement of loose rust and mill scale, earth, and other
materials which reduce or destroy bond with concrete.
' 3) Accurately position, support and secure reinforcement against
displacement by formwork, construction, or concrete placement
operations. Locate and support reinforcing by metal chairs, runners,
bolsters, spacers, and hangers as required.
4) Place reinforcement to obtain at least minimum coverage for concrete
protection. Arrange, space and securely tie bars and bar supports to
hold reinforcement in position during concrete placement operations.
Set wire ties so ends are directed into concrete not toward exposed
concrete surfaces.
ID. JOINTS
1) Joints in seawall caps shall be as shown on Drawings.
E. INSTALLATION OF EMBEDDED ITEMS:
' 1) General: Set and build into work anchorage devices and other
embedded items.
F. PREPARATION OF FORM SURFACES:
1) Clean re -used forms of concrete matrix residue, repair and patch as
required to return forms to acceptable surface condition.
2) Coat contact surfaces of forms with a form - coating compound before
reinforcement is placed.
TS -13
RXMI03fSUNNY ISIES/TECHSPECS
1
1
3) Contractor shall only use thin form- coating compounds with thinning
agent of type, amount, and under conditions of form- coating compound
manufacturers directions. Contractor shall not allow excess form -
coating material to accumulate in forms or to come into contact with in-
place concrete surfaces against which fresh concrete will be placed.
Apply in compliance with manufacturers instructions.
G. CONCRETE PLACEMENT:
1) Pre - placement Inspection: Before placing concrete, inspect and
complete formwork installation, reinforcing steel, and items to be
embedded or cast -in.
2) General: Comply with FDOT Specifications for Road and Bridge
Construction, current edition, and CRSI "Manual of Standard Practice ".
3) Deposit concrete continuously or in layers of such thickness that no
concrete will be placed on concrete which has hardened sufficiently to
cause the formation of seams or planes of weakness. If a section
cannot be placed continuously, provide construction joints as herein
specified. Deposit concrete as nearly as practicable to its final location
to avoid segregation.
4) Placing Concrete in Forms: Deposit concrete in forms in horizontal
layer not deeper than 24" and in a manner to avoid inclined construction
joints. Where placement consists of several layers, place each layer
while preceding layer is still plastic to avoid cold joints.
5) Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand - spading, prodding or tamping. Use equipment
and procedures for consolidation of concrete in accordance with ACI
309. Concrete shall be thoroughly worked around reinforcement and
embed items.
6) Contractor shall not use vibrators to transport concrete inside forms.
Insert and withdraw vibrators vertically at uniformly spaced locations not
RJC/08I031SUNNY ISLESJTECHSPEGS
TS -14
farther than visible effectiveness of machine. Place vibrators to rapidly
penetrate placed layer and at least 6" into preceding layer. Do not
insert vibrators into lower layers of concrete that have begun to set. At
each insertion limit duration of vibration to time necessary to consolidate
concrete without causing segregation of mix.
7) Consolidate concrete during placing operations so that concrete is
ithoroughly worked around reinforcement and other embedded items
and into corners.
8) Maintain reinforcing in proper position during concrete placement
operations.
H. CONCRETE CURING AND PROTECTION:
1) General: Protect freshly placed concrete from premature drying and
excessive cold or hot temperatures.
2) Apply specified curing and sealing compound to concrete as soon as
final finishing operations are complete (within 2 hours). Apply uniformly
in continuous operation by power -spray or roller in accordance with
manufacturer's directions. Re -coat areas subjected to heavy rainfall
within 3 hours after initial application. Maintain continuity of coating and
repair damage during curing period.
I. QUALITY CONTROL TESTING DURING CONSTRUCTION:
Sampling Fresh Concrete: ASTM C 172 except modified for slump to
comply with ASTM C94.
Slump: ASTM C 143; one test at point of discharge for each set of cylinders
made for each type of concrete; additional test when concrete consistency
' seems to have changed. When using super plastercizer admixture, slump
each load before induction of admixture.
I I
TS -15
ARJC10&'=SUNNY ISLESRECHSPECS
Air Content: ASTM C 173; volumetric method for lightweight or normal
weight concrete; ASTM C 231; pressure method for normal weight concrete;
one for each day's pour of each type of air - entrained concrete.
Compression Test Specimen: ASTM C 31; one set of 5 standard cylinders
for each compressive strength test unless otherwise directed. Mold and
store cylinders for laboratory cured test specimens except when field -cure
test specimens are required.
I� Compressive Strength Tests: ASTM C39; one set for each day's pour for
each 50 cu. yds., or fraction thereof, of each concrete class placed in any
one day; two specimens tested at 7 days, two specimens tested at 28 days,
and one specimen retained in reserve for later testing if required.
When frequency of testing will provide less than 5 strength tests for a given
class of concrete, conduct testing from at least 5 randomly selected batches
or from each batch if fewer than 5 are used.
I� When total quantity of a given class of concrete is less than 50 cu. yds.,
strength test may be waived by ENGINEER if, in his judgement, adequate
evidence of satisfactory strength is provided.
When strength of field -cured cylinders is less than 85 percent of companion
laboratory-cured cylinders, evaluate current operations and provide
corrective procedures for protecting and curing the in -place concrete.
Strength level of concrete will be considered satisfactory if the averages of
sets of three consecutive strength test results equal or exceed specified
compressive strength. No individual strength test result fall below specified
compressive strength by more than 500 psi.
" Test Results will be reported in writing to ENGINEER and CONTRACTOR
within 24 hours after tests. Reports of compressive strength test shall
contain the project identification name and number, date of concrete
placement, name of concrete testing service, concrete type and class,
TS -16
RJCIOBIa31SUNNY ISLESITECHSPECS
location of concrete batch in structure, design compressive strength at
" 28 days, concrete mix proportions and materials, compressive breaking
strength and type of break for both 7 -days tests and 28 -day tests.
4.0 CONCRETE PILINGS AND PANELS
4.1 SCOPE:
The Work consists of furnishing all materials, labor, and equipment for the
installation of pre- stre °sed concrete piles and pre -cast concrete panels.
4.2 SITE CONDITIONS:
The site conditions including vegetation, utilities, and existing improvements
are indicated on the Drawings.
4.3 SOIL CONDITIONS:
A. The CONTRACTOR is advised that a subsurface /soils investigation is not
available. The CONTRACTOR is advised that it is in the best interest of
the CONTRACTOR to have a soil investigation conducted for the purpose
of determining pile and panel driving conditions and requirements.
B. The CONTRACTOR, if the CONTRACTOR so chooses, shall perform or
have performed at the CONTRACTOR'S expense, a soil investigation.
Said investigation shall be solely at the expense of the CONTRACTOR
and shall not be the expense of the OWNER or the ENGINEER. Should
the CONTRACTOR choose to have a soils investigation performed, the
CONTRACTOR shall provide to the ENGINEER and the OWNER copies
of the soils investigation report immediately upon completion.
C. As an alternate form of investigation, the CONTRACTOR may choose to
perform a minimum of two (2) test piles at the 183`d St. location. The
TS-17
�' RJGO8MISUNNYISLESRECHSPECS
CONTRACTOR shall notify the ENGINEER, in writing, of the preferred
method of testing and shall notify the ENGINEER, in writing, the date and
time scheduled for the testing. The CONTRACTOR shall receive written
'I confirmation from the ENGINEER of the notice. The CONTRACTOR
shall submit to the ENGINEER a copy of the pile driving log /investigation
'I for the test piles.
4.4 SUBMITTALS:
A. Pile order lists, details of equipment and methods proposed for
handling and driving piles, and the sequence of construction shall be submitted,
in writing, to the engineer. Driving of piles shall not commence until the
Engineer's review of proposed equipment is complete and an authorization to
proceed is given.
B. Shop drawings showing the number and size of prestressing strands,
prestress force, reinforcing, mark numbers, pick point locations, and all
other details necessary for manufacturing and handling the prestressed
concrete piles. Casting of piles shall not commence until shop drawings are
approved by the Engineer.
4.5 QUALITY ASSURANCE:
A. Driving - It is the Contractor's responsibility to install, in an
undamaged condition, all the piles to the tip elevations on the drawings or to
refusal as defined by the Engineer. The Contractor shall select, subject to
I� the approval of the Engineer, the hammer size and cushion type and thickness,
and the frequency of replacement of cushions so that piles can be installed
�I without damage. If piles are hollow (voided) or if they contain internal jet
pipe, the Contractor shall submit, subject to the approval of the Engineer,
the methods and procedures to be used during driving or jetting to ensure that
the piles are not damaged by bursting forces from "water hammer' or
jetting /driving operations.
I' TS-18
RJC/OBWSUNNY ISIESrrECHSPECS
B. Manufacturers Qualifications - The precast concrete manufacturing
plant shall be certified by the Precast/ Prestressed Concrete Institute (PCI)
Plant Certification Program. Manufacturer shall be certified at the time of
bidding. Certification shall be in the following product groups and
categories: C3 or C4. Written evidence may be required listing experience,
plant facilities, quality control procedures, staff, and any other
documentation needed to establish adequate qualifications for manufacture of
the piles. A Manufacturer which meets these qualifications is: CONCRETE
TECHNOLOGY CORPORATION, Tacoma, Washington.
C. Testing and Manufacturing Procedures - Fabrication and in -plant
testing shall be in general compliance with the applicable provisions of PCI
MNL -116, "Manual for Quality Control for Plants and Production of Precast and
Prestressed Concrete Products," latest edition.
D. In -Plant Inspection - In -plant inspection of materials and finished
products shall be under the supervision of the Manufacturer's Quality
Assurance Manager and shall comply with the provisions of PCI MNL -116
and the Manufacturer's documented quality assurance program.
4.6 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Piles shall be lifted and supported during manufacturing, storage,
transportation and driving operations only at the lifting and supporting
locations shown on the shop drawings. All lifting devices shall have a minimum
safety factor of three. If stacked in multiple layers during storage and
shipment, suitable bunks shall be used between each pile at the support
locations with lifting devices accessible and undamaged.
4.7 MATERIALS:
A. Portland Cement: ASTM C 150, "Standard Specification for Portland
TS -19
RJC/08/03/SUNNY ISLESRECHSPECS
Cement." Types I, II, or III cement may be used provided the C3A content
does not exceed 8 percent.
B. Aggregates: ASTM C 33, "Standard Specification for Concrete
Aggregates."
C. Water: Clean, potable and free from injurious amounts of oils, acids,
alkalis, organic materials, or other substances that may be deleterious to
concrete or steel.
D. Admixtures: ASTM C 494, "Standard Specification for Chemical
Admixtures for Concrete."
E. Mild Steel Reinforcement: ASTM A 615, "Standard Specification for
Deformed and Plain Billet -Steel Bars for Concrete Reinforcement," Grade 60.
F. Wire Spiral Ties: ASTM A 82 "Standard Specification for Steel Wire,
Plain, for Concrete Reinforcement," smooth or deformed.
G. Prestressing Strand: ASTM A 416, "Standard Specification for Steel
Strand, Uncoated Seven -Wire, for Prestressed Concrete."
H. Corrugated Metal Duct: Galvanized corrugated steel interlocked duct,
mortar tight, and free from grease, paint, or other substances which could
interfere with proper bond of concrete or grout.
I. Jet Pipes: As shown on the drawings or as detailed by the pile
manufacturer. Details and material shall be shown on the shop drawings and
approved by the Engineer.
J. Driving Tips: ASTM A 36 "Standard Specification for Structural
Steel," ungalvanized bearing plate and HP stinger tip. Deformed bar anchors
shall comply with ASTM A 496. Welding procedures shall conform to AWS D1.4
and AWS D1.1. Steel Points: ASTM A 27, "Standard Specification for Mild to
TS-20
RJOWMISLMNY ISLESITECHSPECS
■
Medium - Strength Carbon -Steel Casting for General Application," one -piece
castings.
■
4.8 CONCRETE MIXTURES:
■
Mix designs shall be developed by the pile Manufacturer using the
1 materials as specified herein. The designs shall comply with the requirements
of ACI 318 and shall have been prepared in accordance with ACI 211.1 for the
' concrete strengths shown on the contract drawings. The mix designs shall be
based on materials previously evaluated by the pile Manufacturer using
■ established methods of statistical quality control that conform to ACI 214.
4.9 FORMWORK:
Provide exterior forms of steel on concrete founded casting beds. Side
forms for square piles may have minimum draft adequate for stripping. Interior
forms shall be of steel and either the fixed- collapsible or moving - mandrel
type capable of maintaining specified dimensional tolerances. Forms must be
cleaned and oiled prior to placement of reinforcing.
4.10 PLACEMENT OF REINFORCING:
Place prestressing strands symmetrically in the piles and jack
simultaneously to specified force. Space spiral wire to specified pitch and
tie adequately to maintain position during placement of concrete.
4.11 PLACEMENT OF CONCRETE:
Place concrete continuously and consolidate with high frequency
vibration. Strike -off unformed surfaces and apply good float finish.
TS -21
RJC=fO3/SUNNY ISLESRECHSPECS
4.12 CURING:
Cover forms with moisture - retaining cover and apply heat in uniform
manner. Embed thermocouples in piles and connect through central
computer to electrically heated test cylinders for constant monitoring of curing
' temperatures and to insure that test cylinders and piles are heated equally.
' 4.13 STRIPPING AND HANDLING:
When a test cylinder made from the concrete pour for the piles
involved reaches the minimum release strength specified, detension strands
gradually and simultaneously so as to maintain internal stresses uniform
across the pile cross sections. Bum strands flush with ends of piles. Handle
' and transport piles as described in paragraph 1.05 above. Do not drive piles
until they have reached both their required 28 day strength and a minimum age
of 10 days.
4.14 FINISHES:
Piles with minor imperfections which do not impair the structural
' integrity of the pile, such as small surface holes caused by air bubbles,
color variations, form joint marks, and minor chips and spalls will be accepted as
is. Marina guide piles shall be sacked to five feet below extreme
low water. Piles with defects such as honeycomb which could reduce the
' structural capacity of the pile will be accepted only if repaired to the
Engineers satisfaction.
TS -22
RJG08103ISUNNY ISLESITECHSPECS
4.15 PATCHING OF LIFT LOOPS:
Prior to driving piles in a marine or fresh water location, cut off
and patch embedded lifting loops at elevations higher than 10 feet below the
mudline using materials and methods as recommended by the Manufacturer.
4.16 MANUFACTURING TOLERANCES:
A. Length ..... +6 in., -2 in.
B. Width or diameter .....t3 /8 in..
C. Sweep (variation from straight line parallel to centerline of pile)
(considered to be a form tolerance) .....t1 /8 in. per 10 ft.
D. Position of tendons .....t' /4 in.
E. Wall thickness ..... -'/4 in., +'/z in.
F. Position of handling devices ..... +6 in.
G. Position of steel driving tips .....±% in..
H. Variation from specified end squareness or skew ..... t' /4 in. per 12
in., t'h in. max.
I. Local straightness any surface .....t' /4 in. per 10 ft.
J. Longitudinal spacing of spiral reinforcement .....t' /4 in.
5.0 STEEL TIE RODS:
5.1 Material
TS -23
RJCj0&WSUNNY ISLESRECHSPECS
A. Tie Rods are to be mild steel with a minimum tensile strength of
60,000 psi.
B. Tie rods shall be sized as shown on the Drawings and conform to
ASTM A -36.
C. Tie rods shall be new and of consistent mill stock.
D. Tie rods shall be straight and of uniform diameter.
E. Rebar shall not be used as tie rod stock.
5.2 COATINGS:
A. Rods are to be coated with Koppers "BITUMASTIC 300 M" or
approved equal.
B. Coatings to extend 4" into cap.
C. Re -Coat anchor end including bearing plate and nuts after installation.
5.3 TERMINATION:
A. Tie rods shall be threaded at each end for a minimum of 3" with the
appropriate thread pitch for the tae rod diameter.
B. Tie rods shall be fitted with double nuts at each end and a 6" x 6" x
thick steel bearing plate at each end.
TS-24
RJCIO&WISUNNY ISLESrrECHSPECS
5.4 CASTING:
A.
Q
C.
Tie rods shall be encased in 2" diameter PVC pipe.
The PVC pipe shall be embedded in the cap a minimum of 3 ".
The PVC shall be continuous and shall not have any seams or breaks.
6.0 GEOTEXTILE CLOTH
6.1 MATERIAL:
A. The geotextile cloth shall be Mirafi 70OX or as approved by the
ENGINEER.
B. The substitution shall be approved in writing by the ENGINEER.
6.2 INSTALLATION:
A. Geotextile Cloth Placement - The seams of the filter fabric shall overlap a
minimum of 24 inches or shall be bonded by cementing or heating. During
periods of storage , the plastic filter fabric shall be protected against direct
sunlight, ultraviolet rays, temperatures greater than 140 F, dirt, mud and
debris.
B. The geotextile fabric shall be placed in the manner and locations shown
in the Drawings. At the time of installation, fabric shall be free of all holes,
rips and flaws. The surface to receive the fabric shall be of relatively
smooth grade and condition, free of obstructions, debris and depressions.
The fabric shall be placed to provide a minimum of 24 inches overlap for
each joint and shall be laid smooth, free of folds and creases.
TS -25
RJG10W03MNNY ISLESMECHSPECS
7.0
7.1
7.2
VINYL SHEET PILING
MATERIAL:
A. Vinyl Sheet Piles are Northstar series 500 or ENGINEER approved.
B. The sheet pile lengths are shown on the Drawings and shall meet the
requirements of ASTM A328. Piles are of the Z section with continuous interlock
the length of the section.
DRIVING SYSTEMS:
Vinyl sheet piles shall be driven using either a vibratory pile driving system or a drop
hammer system.
7.3 DRIVING METHODS:
A. Piles shall be driven using the panel driving method or the staggered driving
method.
B. Piles shall be guided by two sets of guides installed at two different levels. The
upper guide will control the pile and hammer to insure the pile is vertical.
C. Driving caps with grooves for the piles are required to protect pile heads from
damage.
7.4 DRIVING CORRECTIONS:
Piles which develop a transverse lean shall be extracted and re- driven using more
restrictive control methods.
TS -26
RJ IO&ONSUNNY ISLESf ECHSPECS
� I
Piles which lean in the direction of the wall shall be extracted and re- driven positioning
the hammer to counter the tendency to lean and also by attaching a cable for pulling
back on the pile. If the lean cannot be eliminated, tapered piles must be used for
correction.
' TS-27
RJC108I03fSUNNY ISIESlTECHSPECS
APPENDIX A
CONSTRUCTION PLANS
(BOUND SEPARATELY)
APPENDIX B
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
PERMITS
1
LJ
Jcu ouw
Governor
Department of
Environmental Protection
southeast District
12 Zfl03
400 N. Congress Ave. Suite 200 David B. Struhs
west Palm Beach, Florida 33401 Secretary
City of Sunny Isles
c/o Christopher Russo
17070 Collins Ave, Suite 250
Sunny Isles, FL 33160
' Re: File No.: 13- 0220966 -001
File Name: City of Sunny Isles — Atlantic Avenue Bridge
Dear Mr. Russo:
On September 25, 2003, we received your application which was complete October 20, 2003, for an exemption to
perform the following activity:
Install a 130 - linear -foot vinyl sheet pile toe wall two feet away from the base of the existing revetment. A
steel reinforcing cage will be placed between the toe wall and the existing revetment and will be filled with
concrete to form a seawall footer under the revetment.
' The project is located within what appears to be an artificially created waterway, Class III Waters, adjacent to
Collins Avenue at the Atlantic Avenue Bridge, Sunny Isles (Section 33, Township 52 South, Range 43 East) in
' Miami -Dade County.
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory
' authorization, (2) proprietary authorization (related to state -owned submerged lands), and (3) federal authorization
(State Programmatic General Permit). The authority for review and the outcomes of the reviews are listed below.
Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your
project did not qualify for one or more of the authorizations, refer to the specific section dealing with that
authorization for advice on how to obtain it
1. Regulatory Review. — [GRANTED]
The Department has reviewed the submitted information and has determined that the project is not expected to cause
the release of pollutants in sufficient quantity, quality, content, or character with respect to the circumstances
surrounding the location, use, and operation of the project, as to contribute to pollution in contravention of the
' provisions of Chapters 373 and 403, Florida Statutes (F.S.), or Title 62, Florida Administrative Code (F.A.C.).
Therefore, based solely upon the documents submitted to the Department, the project has been determined to qualify
as an activity that is exempt from the need for an environmental resource permit pursuant to Chapter 373.406(6),
' F.S.
This determination is applicable only pursuant to the statutes and rules in effect at the time the information was
' submitted. This determination may not be valid in the event subsequent changes occur in the applicable statutes and
rules of the Department. Pursuant to Rule 62 -302, F.A.C., activities that qualify for this exemption must be
constructed and operated using appropriate best management practices and in a manner that does not cause water
quality violations.
' The determination that your project qualifies as an exempt activity pursuant to Chapter 373.406(6), F.S., may be
revoked if the installation is substantially modified, or if the basis for the exemption is determined to be materially
"More Protection, Less Process"
' Printed an recycled paper.
rUtY rile No.
Page 2
incorrect, or if the installation results in water quality violations. Any changes made in the construction plans or
location of the project may necessitate a permit or certification from the Department. Therefore, you are advised to
contact the Department before beginning the project and before beginning any work in waters or wetlands which is
not specifically described in your submittal.
2. Proprietary Review. — [NOT REQUIRED]
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to
review your project under Chapters 253 and 258, F.S., Chapters 18 -20 and 18 -21, F.A.C., and Section 62- 343.075,
F.A.C.
Your project does not appear to occur on sovereign submerged land. Therefore, pursuant to Chapter 253.77, F.S.,
authorization from the Board of Trustees is not required.
3. Federal Review (SPGP) — [NOT GRANTED]
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental
Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of
the Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the
attached drawings, the proposed project is not consistent with the SPGP program. A copy of your application has
been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction
could subject you to enforcement action. For further information, contact the Corps directly at 561/683 -0498.
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific activity
proposed. These determinations shall automatically expire if site conditions materially change or if the governing
' statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Department for review, as changes may result in a permit being required. In any event, this determination shall
expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Chapter
373.406(6), F.S. This determination is final and effective on the date filed with the Clerk of the Department unless a
sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida
Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination
automatically becomes only proposed agency action subject to the result of the administrative review process.
Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further
order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determination shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is
a — •.v. _VV — VV 1
Page 3
designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing
may result in a final determination that the proposed activity is not authorized under the exemption established under
Chapter 373.406(6), F.S.
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity was conducted without the required permit.
If you wish to limit the time within which all substantially affected persons may request an administrative hearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation in the county where the activity is to take place. A single publication
will suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
400 N. Congress Ave., Suite 200
West Palm Beach, FL 33401
If you have any questions concerning this matter, please contact Leah Oberlin at 561/681 -6635 or at
Leah.Oberline.deo state fl us. When referring to your project, please use the FDEP file name and number listed
above.
Sinc 1
`AI.— `_i I! 12/n3
Timothy Rach Date
Program Administrator
Submerged Lands and Environmental
Resources Program
Jjbiiun/lo
Enclosures
cc: USACOE — Miami via mail (Miami -Dade County)
Doug Fry, DEP- BSLERP, doug. -Yedep state fl us
Miami — Dade County DERM - CIinEJ(cr�miamidade troy
Robert Cutcher, P.E., 339 Royal Poinciana Way, Suite H, Pahn Beach, FL 33480, depth (ct), ate.net
i
rL)rr ruc 1,4o.: 1�- VLLVy00 -UU1
' Page 4
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71
u
1
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk,! receipt of which is here yacknowledged.
NOV 12 2003
Clerk / * Date
Attachment A STATE OF FLORIDA File No.: 13- 0220966 -001
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that the installation of a vinyl sheet pile toe wall two feet
away from the base of the existing revetment with a concrete footer under the revetment has been determined to be exempt from
' requirements to obtain an environmental resource permit. The project is located within what appears to be an artificially created
waterway, Class III Waters, adjacent to Collins Avenue at the Atlantic Avenue Bridge, Sunny Isles (Section 33, Township 52
South, Range 43 East) in Miami -Dade County.
' 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 of the Florida Statutes. 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.
Mediation is not available.
' If 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. Intervention will
be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the
Florida Administrative Code.
In accordance with rules 28- 106.111(2) and 62- 110.106(3)(a)(4), petitions for an administrative hearing must be filed
within 21 days of publication of the notice or receipt of written notice, whichever occurs fast Under rule 62- 110.106(4) of the
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 prior to 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. Upon
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, the Department may also grant the requested extension of time.
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 right
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;
1 (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 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 28- 106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by
' the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during
normal business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress
Avenue, West palm Beach, Florida.
L
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Project
Location
Driving Directions: From 1 -95, go east on SR826 which becomes Sunny Isles
' Blvd. east of US-1. Turn right on Collins Ave., turn right on Atlantic Ave. The
Project is on the north side of the bridge.
' Map Source: Rand McNally Street Finder — 2002 Edition
Client: City of Sunny Isles Sheet No: 1 of: 6
-%roject: Atlantic Ave. - Bridge Revetment Date: 7/18/2003
IISheet: Location Map Revised:
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The project runs the length of the north side of the island as pictured above. The
revetment is composed of concrete bags stacked at approximately a 75 deg. angle.
The revetment has suffered two prominent fractures at the locations shown. The
fractures are a result of differential settlement of the revetment and washout of the soil
behind the wall. As remediation, the applicant proposes the installation of a stem wall
and a cast in place footer at the toe of the existing structure. The stem wall will prevent
migration of the soil under the structure and stabilize the supporting soil foundation.
The cast in place footer will distribute the vertical load over a wider base and prevent
differential settlement.
Client: City of Sunny Isles
Project: Atlantic Ave. Bridge Revetment
Sheet: Plan View of Project
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Sheet No: 5 of: 6
roject: Atlantic Ave. Bridge Revetment I Date: 7/18/2003
Sheet: Section View.- Detail A I Revised:
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Notes:
1. Drawing is not to scale.
2. The concrete footer is sized to adequately support the existing revetment and retained earth.
The footer can not be reduced in dimension and support the lateral vertical earth loads.
3. The stem wall will result in substantially less impact to the wetlands than a replacement
wall would have.
4. A turbidity curtain will be maintained around the project during all construction activities
(see sheet 3 of 6).
Client: City of Sunny Isles
Project: Atlantic Ave. Bridge Revetment
Sheet: Section View Detail
12" CABBAGE
PALM
3" CABBAGE
PALM
7" CABBAGE
/PALM
10" CABBAGE
P ALM
12" CABBAGE
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By:
01 FLO
Survey Information provided by Calvin & Giordano Associates, Inc: July 2003
Client: City of Sunny Isles Sheet No: 1 of: 1
. roject: Atlantic Ave. - Bridge Revetment Date: 7118/2003
Sheet: Topographic Survey I Revised:
Department of
Environmental Protection
' Jeb Bush Southeast District
400 N. Congress Ave. Suite 200
Governor West Palm Beach, Floricla 33401 David B. Struhs
' SEP 18 2003 Secretary
City of Sunny Isles Beach
c/o Christopher J. Russo
17070 Collins Avenue
' Sunny Isles Beach, FL 33160
Re: File No.: 13- 0198020 -003
File Name: Sunny Isles, City of; Atlantic Avenue
Dear Mr. Russo:
On August 19, 2003, we received your application for an exemption to replace 130 linear feet of seawall cap and
install new deadmen and tiebacks along the same 130 linear feet. The project is located on Dumbfoundling Bay, on
the Intracoastal Waterway, Class III Waters, adjacent to the west terminus of Atlantic Avenue, City of Sunny Isles
(Section 33, Township 52 South, Range 43 East) in Miami -Dade County (2555'34.06" N, 80 07'46.79" W).
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory
authorization, (2) proprietary authorization (related to state -owned submerged lands), and (3) federal authorization.
The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your
project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of
the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. —GRANTED
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title
62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the
Department and the water management districts, as referenced in Chapter 62 -113, F.A.C.
Based on the information you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E4.051(4)(b), F.A.C.
2. Proprietary Review (related to state -owned lands). — GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to
review your project under Chapters 253 and 258, F.S., Chapters 18 -20 and 18 -21, F.A.C., and Section 62- 343.075,
F.A.C.
Your project will occur on sovereign submerged land and will require authorization from the Board of Trustees to
use pµblic property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined
that, as long as it is located within the described boundaries and is consistent with the attached general consent
' conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter
253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the
project.
' 3. Federal Review (State Programmatic General Permit). —NOT GRANTED
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental
' "More Protection, Less Process"
Printed an recycled paper.
File Name: Sunny Isles, City of, Atlantic Avenue
' FDEP File No. 13- 0198020 -003
Page 2
Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of
' the Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the
attached drawings, the proposed project is not consistent with the SPGP program. A copy of your application has
' been sent to the Cotes who may require a separate permit. Failure to obtain their authorization prior to construction
could subject you to enforcement action. For further information, contact the Corps directly.
' The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific activity
proposed. These determinations shall automatically expire if site conditions materially change or if the governing
statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Department for review, as changes may result in a permit being required In any event, this determination shall
expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
' be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
' This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(4)(b), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department
unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the
' Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this
determination automatically becomes only proposed agency action subject to the result of the administrative review
process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until
further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice.
' This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
' any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determination shall expire after one year.
' Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. 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 a final determination that the proposed activity is not authorized under the exemption established under
Rule 40E- 4.051(4)(b), FA.C.
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity was conducted without the required permit.
' If you wish to limit the time within which all substantially affected persons may request an administrative hearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation in the county where the activity is to take place. A single publication
will suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
F-1
rV+.��• .�C'rt -'1' +n q. y.waa ..I..y.ir� r�y.r ��•,ii.'.i^L1.. .��i �,_
File Name: Sunny Isles, City of, Atlantic Avenue
FDEP File No. 13 -0198020 -003
' Page 3
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
' publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
' Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
' 400 N. Congress Ave., Suite 200
West Palm Beach, FL 33401
If you have any questions, please contact Victoria Foster at (561) 681 -6636 or victoria.foster(a)den state fl us .
' When referring to your project, please use the FDEP file name and number listed above.
Sincerely,
Ar� �' 4t��
Jayne E. Bergstrom
' Environmental Manager
Submerged Lands & Environmental
Resources Program
Enclosures
cc: USACOE — Miami via mail
DERM (Miami -Dade County) — JoAnne Clingetman, Clin_J(c.miamidade eov
AGENT— Robert Cutcher, P. E., deoth(i� ate net
General Consent Conditions
1. No activities other than those set forth in the referenced letter are authorized. Any additional activities on state -
owned sovereign submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board
of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board ") or their properly designated agent.
2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high
water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the
occupancy or use thereof.
I Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not
permit the premises or any pan thereof to be used or occupied for any other purpose or knowingly permit or suffer
any nuisances or illegal operations of any kind on the premises.
4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare.
The premises are subject to inspection by the Board or its designated agent at any reasonable time.
5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions,
lawsuits and demands arising out of this consent.
6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on
the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or
impair the right of the Board to enforce the same in the event of subsequent breach.
7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the
event Grantee fails or refines to comply with the provisions and conditions of this consent, the consent of use may
be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have
thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in
the automatic revocation of this Letter of Consent.
8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent shall
be paid by the Grantee. Grantee agrees to accept service by certified snail of any notice required by Chapter 18 -14,
Florida Administrative Code, at the address shown on page one of this Agreement and further agrees to notify the
Board in writing of any change of address at least ten days before the change becomes effective.
9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereign submerged land or to the
improvements thereon, including any and all drainage or special assessments or taxes of every kind and description
which are now or may be hereafter lawfully assessed and levied against the property during the effective period of
this consent.
10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida
and initiated only in Leon County, Florida.
11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are
subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the
Board or its designated agent.
12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a
court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either
obtain written consent for the offending structure from the affected riparian owner or to remove the interference or
encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach
of this consent and shall be grounds for its immediate termination.
. Attachment A
STATE OF FLORIDA File No.: 13-0198020 -003
DEPARTMEMf OF ENVLRONMENTAL PROTECTION
' NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that the replacement of 130 linear feet of seawall cap and installation of
new deadmen and tiebacks along the same 130 linear feet, located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III Waters,
' adjacent to the west terminus of Atlantic Avenue, City of Sunny Isles (Section 33, Township 52 South, Range 43 East) in Miami -Dade
County (25`55'34.06" N, 80°7'46.79" W), has been determined to be exempt from requirements to obtain an environmental resource permit.
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 of the Florida Statutes. 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.
' Mediation is not available.
if 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. Intervention will be permitted only t the
discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code.
In accordance with rules 28- 106.111(2) and 62- 110.106(3)(x)(4), petitions for an administrative hearing must be filed within 21
days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the 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 prior to 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. Upon 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, the Department may also grant the requested extension of time.
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 right.
' 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 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 shal l state that no such facts are in
dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency
' if the petition does not substantially comply with the above requirements or is untimely Sled.
Complete copies of all documents relating to this determination of exemption are available for public inspection during normal
business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm
Beach, Florida.
is
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Driving Directions: From I -95, r`1�
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s at the west en
Ave.
Map Source: Rand McNally Street Finder — 2002 Edition
Client: City of Sunny Isles
Project: Atlantic Ave. Seawall
Ilestoration
Sheet: Location Map
Sheet No: 1 of: 6
Date: 7/18/2003
Revised:
PROVO' E II
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OCATION
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Client: r�lu_ i des Sheet No: 2 of: 6
Project: Atlantic Ave, Seawall Date: 7118/2003 g� ° Florida 3i SO
Restoration voice:. {561) 832.
Fax: (561).832 - 6998
Revised: Em4fl._depth �atrne
heet: Aerial View of Project
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(total =13
Aerial Photo & GIS Information Provided by Calvin & Giordano Associates, Inc.
Notes:
1. Dark Slue curve designates replacement concrete cap.
NOTES:
1. DISCARD CONCRETE RUBBLE
INTO APPROVED LANDFILL.
2. NO MATERIAL IS TO BE PLACED
SEAWARD OF WALL.
3. ALL WORK SHALL BE PERFORMED
FORM UPLANDS.
�3-Ol °�2c cti3 1
SEP RLr
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Proposed new cap elevation —
4.25' NGVD: Same as existing
BACKFILL & COMPACT REMOVE EXISTING CAP,
TO 98% STANDARD REPLACE WITH 18`X1"
PROCTOR-\ CAST -IN -PLACE
UPON INSTALLING \ CONCRETE CAP (SEE
DEADMAN SHEET 6)
1S
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1-1/2" TIEROD IN P.V.C.
J SLEEVE (SEE SHEET 6) t
\ \-3'X3' CONCRETE EXISTING CONCRETE
DEADMAN PANEL (DEPTH OF TOED
UNKNOWN)
r`-
Elevation at toe of existing wall varies
between -2.3' and -3.4' NGVD
Iva
Client: City of Sunny lsies Sheet No: 5 of: 6ita>��►f��`
`339 Ro al Poinciuia'Wav',suite li
Project: Atlantic Ave. Seawall Date: 7/1812003 �simacz.h, Florida 334 o ,
S32 - '5121
Restoration i'uice: (su1)
Flax; i561) 832 - X995 .
Revised: email: depth�P_p m.uet
eet: Section View - Proposed
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EXISTING CONCRETE
PAN EL
I and new ca
DETAIL 2 - Section & Profile View of Deadman
Client: City of Sunny Isles
Project: Atlantic Ave. Seawall
Iestoration
Sheet: Details
- WEIGH -1 PPPKO;-i,
1cr LSS.
01 R\4C
17' DI
STFEL TIERO
STEEL
Inc
Sheet No: 6 of: 6������,�.
339 Raval Poinciana.lk'a}•. Suite H-
Date: 7/18/2003 Rtim B,-=h, Finrida 33080
Voice: (561) 833 -8.131
Fax: (561) &32 - 6999
Revised: Entail: depthliigax.net
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EXISTING CONCRETE
PAN EL
I and new ca
DETAIL 2 - Section & Profile View of Deadman
Client: City of Sunny Isles
Project: Atlantic Ave. Seawall
Iestoration
Sheet: Details
- WEIGH -1 PPPKO;-i,
1cr LSS.
01 R\4C
17' DI
STFEL TIERO
STEEL
Inc
Sheet No: 6 of: 6������,�.
339 Raval Poinciana.lk'a}•. Suite H-
Date: 7/18/2003 Rtim B,-=h, Finrida 33080
Voice: (561) 833 -8.131
Fax: (561) &32 - 6999
Revised: Entail: depthliigax.net
Department of
Environmental Protection
Jeb Bush
Governor
SEP 17 2003
City of Sunny Isles Beach
c/o Christopher J. Russo
17070 Collins Avenue
Sunny Isles Beach, FL 33160
Southeast District
400 N. Congress Ave. Suite 200
west Palm Beach, Floritla 33401
Re: File No.: 13- 0198020 -004
File Name: Sunny Isles, City of; 183rd Street
Dear Mr. Russo:
David B. Scruhs
Secretary
On August 19, 2003, we received your application for an exemption to replace 200 linear feet of seawall and install
new king and batter piles. The project is located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III
Waters, adjacent to 183`d Street, City of Sunny Isles (Section 11, Township 52 South, Range 43 East) in Miami -
Dade County (25 156'44.13" N, 80 °07'23.31" W).
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory
authorization, (2) proprietary authorization (related to state -owned submerged lands), and (3) federal authorization
(State Programmatic General Permit). The authority for review and the outcomes of the reviews are listed below.
Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your
project did not qualify for one or more of the authorizations, refer to the specific section dealing with that
authorization for advice on how to obtain it.
1. Regulatory Review. — GRANTED
The Department has reviewed the submitted information and has determined that the project is not expected to cause
the release of pollutants in sufficient quantity, quality, content, or character with respect to the circumstances
surrounding the location, use, and operation of the project, as to contribute to pollution in contravention of the
provisions of Chapters 373 and 403, Florida Statutes (F.S.), or Title 62, Florida Administrative Code (F.A.C.).
Therefore, based solely upon the documents submitted to the Department, the project has been determined to qualify
as an activity that is exempt from the need for an environmental resource permit pursuant to Chapter 373.406(6),
F.S.
This determination is applicable only pursuant to the statutes and rules in effect at the time the information was
submitted. This determination may not be valid in the event subsequent changes occur in the applicable statutes and
rules of the Department. Pursuant to Rule 62 -302, F.A.C., activities that qualify for this exemption must be
constructed and operated using appropriate best management practices and in a manner that does not cause water
quality violations.
The determination that your project qualifies as an exempt activity pursuant to Chapter 373.406(6), F.S., may be
revoked if the installation is substantially modified, or if the basis for the exemption is determined to be materially
incorrect, or if the installation results in water quality violations. Any changes made in the construction plans or
location of the project may necessitate a permit or certification from the Department. Therefore, you are advised to
contact the Department before beginning the project and before beginning any work in waters or wetlands which is
not specifically described in your submittal.
2. Proprietary Review.— GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to
"More Protection, Less Process"
Printed an recycled paper.
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific activity
proposed. These determinations shall automatically expire if site conditions materially change or if the governing
statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Department for review, as changes may result in a permit being required. In any event, this determination shall
expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
' This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Chapter
373.406(6), F.S. This determination is final and effective on the date filed with the Clerk of the Department unless a
sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida
Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination
automatically becomes only proposed agency action subject to the result of the administrative review process.
Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further
order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice.
' This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
' any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determination shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
' under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. 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 a final determination that the proposed activity is not authorized under the exemption established under
Chapter 373.406(6), F.S.
File Name: Sunny Isles, City of ; 183rd Street
FDEP File No. 13- 0198020 -004
'
Pace 2
review your project under Chapters 253 and 258, F.S., Chapters 18 -20 and 18 -21, F.A.C., and Section 62- 343.075,
F.A.C.
Your project will occur on sovereign submerged land and will require authorization from the Board of Trustees to
use public property. As staff to the Board of Trustees, we have reviewed the proposed project and have deters -fined
'
that, as long as it is located within the described boundaries and is consistent with the attached general consent
conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter
253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the
'
project.
3. Federal Review (SPGP) — NOT GRANTED
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
'
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental
Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of
the Clean Rater Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the
attached drawings, the proposed project is not consistent with the SPGP program. A copy of your application has
been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction
'
could subject you to enforcement action. For further information, contact the Corps directly at 561/683 -0498.
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific activity
proposed. These determinations shall automatically expire if site conditions materially change or if the governing
statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Department for review, as changes may result in a permit being required. In any event, this determination shall
expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
' This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Chapter
373.406(6), F.S. This determination is final and effective on the date filed with the Clerk of the Department unless a
sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida
Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination
automatically becomes only proposed agency action subject to the result of the administrative review process.
Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further
order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice.
' This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
' any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determination shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
' under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. 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 a final determination that the proposed activity is not authorized under the exemption established under
Chapter 373.406(6), F.S.
File Name: Sunny Isles, City of; 183rd Street
FDEP File No. 13- 0198020 -004
Page 3
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity was conducted without the required permit.
If you wish to limit the time within which all substantially affected persons may request an administrative bearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation in the county where the activity is to take place. A single publication
will suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
400 N. Congress Ave., Suite 200
West Palm Beach, FL 33401
If you have any questions, please contact Victoria Foster at (561) 681 -6636 or victoria. foster(adep. state. fl. us .
When referring to your project, please use the FDEP file name and number listed above.
Sincerely,
r
�t,�,� � °" 1 7103
Timothy Rach Date
Program Administrator
Submerged Lands and Environmental
Resources Program
TR/jli/ktn/vf
Enclosures
cc: USACOE — Miami via mail
DERM (Miami -Dade County) — JoAnne Clingerman, Cling) n,miamidade.eov
AGENT — Robert Cutcher, P. E., depthn�Eate.net
DEP- BSLERP - Doug Fry, doug_1rYaa.dep.state.fl.us
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
Clerk Date
General Consent Conditions
1. No activities other than those set forth in the referenced letter are authorized. Any additional activities on state -
owned sovereign submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board
of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board") or their properly designated agent.
2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high
water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the
occupancy or use thereof.
3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not
permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer
any nuisances or illegal operations of any kind on the premises.
4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare.
The premises are subject to inspection by the Board or its designated agent at any reasonable time.
5. Grantee agrees to indemnify, defend and bold harmless the Board and the State of Florida from all claims, actions,
lawsuits and demands arising out of this consent.
6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on
the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or
impair the right of the Board to enforce the same in the event of subsequent breach.
7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the
event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of use may
be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have
thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in
the automatic revocation of this Letter of Consent.
8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent shall
be paid by the Grantee. Grantee agrees to accept service by certified mail of any notice required by Chapter 18 -14,
Florida Administrative Code, at the address shown on page one of this Agreement and further agrees to notify the
Board in writing of any change of address at least ten days before the change becomes effective.
9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereign submerged land or to the
improvements thereon, including any and all drainage or special assessments or taxes of every kind and description
which are now or may be hereafter lawfully assessed and levied against the property during the effective period of
this consent.
10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida
and initiated only in Leon County, Florida
' 11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are
subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the
Board or its designated agent.
' 12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a
court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either
obtain written consent for the offending structure from the affected riparian owner or to remove the interference or
encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach
of this consent and shall be grounds for its immediate termination.
IAttachment A
� I
File No.: 13 -0198020-004
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETER- NfINAT10N OF EXEMPTION
The Department of Environmental Protection gives notice that the replacement of 200 linear feet of seawall and
installation of new king and batter piles, located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III Waters,
adjacent to 183rd Street, City of Sunny Isles (Section 11, Township 52 South, Range 43 East) in Miami -Dade County
(25 °56'4.4.13" N, 80 °07'23.31" W), has been determined to be exempt from requirements to obtain an environmental resource
permit.
J
A person whose substantial interests are affected by the Department's action may petition for an administrdtive
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set
forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000.
'
Mediation is not available.
If 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. Intervention will
be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the
'
Florida Administrative Code.
In accordance with rules 28- 106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing must be filed
within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62- 110.106(4) of the
'
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 prior to 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. Upon
motion by the requesting parry showing that the failure to file a request for an extension of time before the deadline was the result
of excusable neglect, the Department may also grant the requested extension of time.
'
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 right.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The time 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 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 28- 106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrati ve hearing shall be dismissed by
the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress
'
Avenue, West Palm Beach, Florida.
J