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HomeMy Public PortalAbout06-27-1997 Project 3011-B.tifV Village of Key Biscayne WEST MASHTA DRIVE BRIDGE Acquisition Documents Design Build Contract Project No. 3011-B June 27, 1997 AC.A.P. Engineering Consultants, Inc. IF 100 Miracle Mile, Suite 300 Coral Gables, Florida 33134 (305) 461-5484 Fax (305) 461-5494 VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdez-Leon Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Manager C. Samuel Kissinger Stephen D. Kasper Cone Constructors Inc. 6735 South Lois Avenue Tampa, FL 33616 RE: West Mashta Drive Bridge Design Bridge Documents Project 3011-B Dear Mr. Kasper: Office of the Village Manager December 16, 1997 Enclosed please find fully executed copy of the above mentioned project. Please be advised, I added your bid dated August 12, 1997 which you submitted in response to our request as part of this agreement. Thank you. Very truly yours, . Samuel Kissinger Village Manager CSK/adv enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROU(,H RESPONSIBLE GOVERNMENT" WMDB MASHTA BRIDGE TABLE OF CONTENTS REQUEST FOR ACQUISITION (RFA) RFA-1 SCOPE OF WORK SOW -1 INSTRUCTIONS TO PROPOSERS 1. Preparation and Submission of Proposals IP-1-IP-2 2. Required Proposal Documents IP-2-IP-3 3. Examination of Contract Documents and Site IP-3-IP-4 4. Required Proposer's Qualifications IP-4-IP-6 5. Addenda - Changes While Bidding IP-6-IP-7 6. (Not Used) IP-7 7. Florida Sales Tax IP-7 8. Proposal Guaranty IP-7 9. Guaranty of Faithful Performance and Payment IP-8 10. Power of Attorney and Countersignature IP-8 11. Withdrawal of Proposals IP-8 12. Consideration of Award IP-8-IP-9 13. Award Procedure IP-9-IP-10 14. (Not Used) IP-10 15. Management Program IP-10 16. Design Documentation IP-11 17. Proposed Cost IP-11 18. Qualifications of Proposers IP-11 19. Rejection of Proposals IP-12-IP-13 20. Tentative Award of Contract IP-13 21. Execution of Contract IP-14 22. Failure to Execute Contract IP-14 23. (Not Used) IP-14 24. Proposal Protests IP-15 PROPOSAL FORM (PART B) PF-1 THRU PF-6 1/97 TC1-1 WMDB PROPOSER QUALIFICATIONS (PART A) 1. Proposer Qualifications 2. Acknowledgement of Addenda 3. Proposed Signature Pages 4. Management Program 5. Not Used 6. Prospers Affidavit on Public Entity Crimes 7. Corporate Principal Certification 8. Criminal Record Affidavit PROPOSAL BOND (PART A) AGREEMENT SURETY PERFORMANCE BOND SURETY PAYMENT BOND DESIGN CRITERIA GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS APPENDIX 1/97 PQ -1 thru PQ -7 PQ -8 PQ -9 -PQ -10 PQ -11 PQ -12 PQ -13 -PQ -14 PQ -15 PQ -16 -PQ -17 -PQ -18 PB-1 A -1-A-7 PFB-1 - PFB-2 PMB-1 - PMB-2 DC -1 -DC -3 GC -1 -GC -35 SC -1 -SC -10 1. Geotechnical Report 2. Environmental Report and Turbidity Control and Monitoring Plan 3. FDOT Manatee Protection Construction Conditions 4. Excessive Noise Ordinance 5. United States Coast Guard Approval Letter 6. South Florida Water Management District Permit 7. DERM Completeness Summary REQUEST FOR ACQUISITION WMDB REQUEST FOR ACQUISITION (RFA) PROJECT NAME: WEST MASHTA BRIDGE PROJECT NO.: 3011B Sealed Proposals for the project designated above will be received for and in behalf of the Office of the Village Manager, Village of Key Biscayne, 85 West McIntyre Street, Florida 33149, 2nd floor of the Village Hall until 1 P.M., local time on Wednesday . August 6, 1997 or as modified by addendum, at which time all Proposals will be acknowledged aloud. IN GENERAL THE WORK COMPRISES: The work consists of the design and construction of a new vehicle bridge, including approach slabs, drainage structures, dredging and fill, bridge lighting and bulkheads at West Mashta Drive. ACQUISITION DOCUMENTS: Prospective Proposers may purchase Acquisition Documents from the office of the Village Manager, Village of Key Biscayne, 85 West McIntyre Street, Florida 33149, 2nd floor of the Village Hall, Telephone: (305) 365-5514, by payment of a non-refundable amount of $20 for the purchase of the first set of Acquisition Documents and a non-refundable amount of $30 per set for the purchase of all additional sets of Acquisition Documents purchased by the same prospective proposer, checks only, made payable to the The Village of Key Biscayne. Each Proposer shall furnish an address, telephone and FAX numbers for the purpose of contact during proposal process. All Proposals shall be submitted as set forth in the Instructions to Proposers. PRE -PROPOSAL CONFERENCE: A mandatory Pre -Proposal Conference and Site Inspection will be held on Wednesday, July 16, 1997 at 2 P.M., local time at Council Chambers, 2nd Floor of the Village Hall, 85 West McIntyre Street for all interested parties PROPOSAL GUARANTY: Each Proposal must be accompanied by a Proposal Guaranty in the amount of $25,000.00 in the manner required by the Instructions to Proposers. No Proposal may be withdrawn after the scheduled closing time for the receipt of Proposal for a period of ninety (90) days. The Village of Key Biscayne reserves the right to reject any or all Proposals, to waive informalities and irregularities, to reject all proposals, or to re -advertise for Proposal. 1/97 RFA-1 SCOPE OF WORK WEST MASHTA DRIVE BRIDGE DESIGN/BUILD CONTRACT PROJECT NO. 3011B The work under this contract consists of the design and construction of a new vehicle bridge on West Mashta Drive in the Village of Key Biscayne. The work includes site structures, civil and utilities services for the structure and other related work, all as described by this Volume and drawings. This Volume sets forth legal and operational conditions governing the work to be performed by the design build firm. The drawings describe the physical characteristics of the proposed work and the referenced standards and specifications. The proposed bridge is to be a single span precast concrete bridge, architecturally treated, consisting of columns, headwalls, wingwalls, barrier wall and railing with lights. The Work involves dredging and fill, pile installation, relocation of utilities, temporary roads and sidewalks construction of new approach slab, pavement, drainage, landscaping of the site and all necessary design and construction activities. Time allotted for all work under this contract including design and construction is 300 calendar days. The Design Build firm must complete all work including design acceptance reviews by the Village of Key Biscayne and other agencies, obtain all required permits, construct the described facilities fully complete and approved by all relevant agencies within the allotted time. 1/96 SOW -1 INSTRUCTIONS TO PROPOSERS WMDB INSTRUCTIONS TO PROPOSERS 1. PREPARATION AND SUBMISSION OF PROPOSALS 1.01 Sealed Proposals for this project will be received by the office of the Village Manager, Village of Key Biscayne, 2nd Floor of the Village Hall, 85 West McIntyre Street, Florida 33149 on the time and date stipulated in the Request for Acquisition or as modified by Addendum. At that time, all Proposals will be publicly opened and read. The Village reserves the right to postpone or cancel the proposal opening at any time prior to the scheduled opening of proposals. Proposers are invited to be present. Proposals received after the time and date specified will not be considered, and will be returned unopened. 1.02 All Proposals must be Bound and submitted in Sealed envelopes bearing on the outside the name and address of the Proposer, Contract No. 3011B West Mashta Drive Bridge and the date and time advertised (or such date as revised by Addendum) for receipt of Proposal. Failure to include the specified Proposal Guaranty shall render the Proposal non- responsive. The Proposal shall consist of two separately bound and sealed parts: 1) Part A - The Proposer's Qualifications and the Proposer's design documents as described under Article 16 of these Instructions to Proposers and 2) Part B - The Proposer's Proposed Price (Compensation). Each Proposer, shall submit in its Bound & Sealed Proposal all presentation information illustrating the Proposers qualifications to perform the Contract work. Proposers must include in their submittal an Organizational Chart of their architectural, engineering, contracting and management staff proposed by the proposer to design, execute and manage the contract, including a breakdown of the company or joint venture assignment of tasks. The organizational chart shall include each member's job classification. In addition, the Part A submittal shall include previous work experience (with the names and telephone numbers of contact personnel), photographs, drawings, graphs, charts, etc. to assist the selection committee in determining the most qualified Proposers. Part B will include the Proposer's proposed price (compensation) which shall be separately Bound & Sealed. Included in the Bound & Sealed Part A envelope will be all forms & sheets of this RFA which are colored blue. Included in the Bound & Sealed Part B envelope will be all the forms & sheets of this Request For Acquisition (RFA) which are colored green. 1.03 All Proposals shall be submitted on the forms provided by The Village. All applicable blank spaces in the Proposal Forms and Proposer Qualifications including affidavits must be filled in legibly. The Proposer must submit one (1) original and five (5) duplicate copies of the completed and executed forms. 1/97 IP-1 WMDB 1.04 The Proposer shall specify the lump sum prices proposed for the work. The Total Amount shall be stated both in words and in figures. In case of conflict between words and figures, the words -will govern, unless they are obviously incorrect. 1.05 If the proposal is forwarded by mail, the sealed envelopes containing the Proposal Documents, marked as directed above, must be enclosed in another envelope addressed to Office of the Village Manager, Village of Key Biscayne, 85 West McIntyre Street, 2nd Floor Village Hall, Florida 33149. 1.06 Proposers must Bid on specified Alternate Bid Items (if any) shown on the Bid Form. The Design Build (D/B) Firm's failure to bid on any specified Alternate Bid item may render its bid non -responsive. 2. REQUIRED PROPOSAL DOCUMENTS 2.01 All Proposers must submit one (1) original and five (5) copies of the following Proposal Documents, properly and completely executed as part of their Proposal. 1) Proposal Part (A) submittal (printed on blue sheets) shall include: a. An introduction /cover letter addressed to the Owner, signed by a duly authorized officer or agent of the Proposer. b. Proof of Authorization to transact business in the State of Florida from the Secretary of the State of Florida. c. Proposer's Qualifications (Part A) d. Management Program. e. Proposers Affidavit on Public Entity Crimes. f. Proposal Bond (PB-1). g. Copies of the Contractor's (General Contractor and Professional Architectural and Engineering Licenses,) as required to be included in the Proposer's Part A submittal. h. Organizational Chart. I. "Corporate Principal Certification" (Document 00421) or Power of Attorney for each Principal of the Design -Build Firm authorized to act or execute documents on behalf of the Design -Build Firm. 2) a. Documentation of Proposers Qualifications to perform Design/Build Contracts, bridge design and construction services; Provide brief resume of key individuals expected to participate in the project. b. Documentation covering proposers designs as set forth in Article 16 of these Instructions to Proposers. 1/97 IP-2 WMDB 3) Proposal Part (B) submittal (printed on green sheets) shall consist of Proposal Form. One (1) original and five (5) copies. 4) The original and five (5) copies of the Proposal form including all of the attachments shall be bound together in such manner that they will not inadvertently be separated after their submittal to The Village. Any Proposal information which is or becomes unattached may not be considered for review and award. 2.02 The submittal of all items under this article plus the following Sections which are also part of the Contract Documents shall bind the Proposer to all the Provisions of the entire Contract Documents: A. Table of Contents B. Request for Acquisition C. Scope of the Work D. Instructions to Proposers E. Agreement F. Surety Performance Bond G. Surety Payment Bond H. General Conditions I. Special Provisions J. Design Criteria K. All addenda 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.01 It shall be the responsibility of the Proposer to examine all the Acquisition Documents and Project site, to become fully informed of the conditions to be encountered, of the character, quality and quantities of work to be performed and materials to be furnished, and traffic in the vicinity of the Project and utilities which must be maintained without interference from this work. The D/B Firm shall protect and support all utilities at its sole cost and expense. 3.02 The records of borings, test excavations and other subsurface investigations, if any, are contained in the Acquisition Documents for examination. Such records are offered as information only and solely for the convenience of Proposers. The Village does not warrant or guarantee that the said records will disclose the actual subsurface conditions or that the records are complete. The Proposer is hereby cautioned that the interpretation of the records and the conclusions drawn therefrom as to the actual existing subsurface conditions are his sole responsibility. The D/B Firm shall have no claim against the Village if in carrying out 1/97 IP-3 WMDB the work it finds that the actual conditions encountered do not conform to those indicated by said borings, test excavations and other subsurface investigations. 3.03Acquisition documents have been prepared with the intention of describing the overall/ project including special instructions covering major elements of the proposed bridge. These documents do not attempt to address every element comprising the development program. The omission of a specific reference to any requisite element of the project does not convey the intention to omit any such element of the project from the completed work and the Design Build Firm shall not be provided extra compensation for furnishing same in the completed work. The Design Build Firm shall provide all the work required to create a complete and fully functioning vehicle bridge in keeping with the obvious and reasonably inferable intent of drawings, design criteria, outline specifications and conditions contained in the Acquisition Documents. Should the Proposer have any questions as to the intent of the Acquisition, such questions should be resolved as described in Article 5 Addenda - Changes While Bidding. 3.04 The submission of a proposal shall be prima facie evidence that the Proposer has examined the Acquisition Documents and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Design/Build Contract and shall comply with all provisions of the entire contract document. 4. REQUIRED PROPOSER'S QUALIFICATIONS 4.01 Proposers must demonstrate substantial experience at time the Proposal is submitted, to perform bridge design and construction services. The Village reserves the right, before awarding the Contract, to require a Proposer to submit further evidence of qualification to perform the Design Build Contract as the Village may deem necessary and may consider any evidence available concerning the financial, technical, and other qualifications and abilities of a Proposer. 4.02 The Design Build Firm shall be a legal entity , either a single firm or a joint venture, or a partnership. The Design Build Firm shall manage and provide the design and construction of this project. The Design Build Firm shall, at the time the proposal is submitted, meet the minimum requirements specified under "A" or "B" below: A. Certified under Florida Statute 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 1/97 IP-4 WMDB B. Certified under Florida Statute 471.023 to practice or to offer to practice engineering; In order to satisfy the technical certification requirements for the desired Design -Build A/E Professional Services pursuant to this Request for Acquisition of Design -Build Services, all respondents of the Design -Build Firm's team who will be providing A/E services, whether as sole respondent or a member of a team of firms responding in a prime -sub relationship or a member of a team of firms responding in a joint venture, must have valid Technical Certification for the appropriate areas of work in their assigned roles in connection with this project, at the time of submittal. Selected firms must maintain valid technical certification throughout Agreement award and throughout the duration of the Agreement. The Design -Build Firm shall verify the current status of each provider of professional A/E services for compliance with requirements for technical certification. The D/B Firm shall certify that the registered engineer of record shall have direct supervision of the work and that such engineer services shall not be terminated without the consent of The Village. If the Proposer is a joint venture, the joint venture entity, of whatever nature or qualifications, must be qualified as a separate and distinct entity, as required by the rules of the State of Florida Department of Professional Regulations. Joint Venture Proposers not otherwise qualified as set forth above, may submit Proposals if they have initiated the process with the Florida Construction Industry Licensing Board and have received a letter from the Department of Professional Regulation (DPR) attesting that they have satisfied the requirements of the Department of Professional Regulations, Qualifications of Joint Ventures. Such letter must be submitted with the Proposal. 4.03 Each Proposer must demonstrate to the satisfaction of The Village substantial bonding capacity, by submitting a Proposal Bond in accordance with the requirements of the RFA from a qualified bonding company, signed by an authorized agent (including a Power of Attorney for the agent) attesting to the fact that the Proposer can obtain a Performance Bond and a Payment Bond both in the full amount of the Proposal including the allowance account with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of such Contract and for the prompt payment of all persons furnishing labor or materials in connection therewith. 1/97 IP-5 WMDB 4.04 The Proposer ( D/B Firm) will be required to provide a General Manager, who has the power to bind the D/B Firm in all matters under this Contract. 4.05 The D/B Firm shall have the experience listed under "A" and "B" of this Article 4.05. or the experience listed under "C" and "D" of this Article 4.05. A. Completed by way of design within the last 3 years as an independent engineer or engineering firm the following: Vehicle Bridge designs including pavements, utilities and safety plans for construction work totaling a cost of not less than $0.75 million. B. Completed by way of construction within the last 3 years as an independent contractor or construction firm: Vehicular Bridge construction projects totaling costs of not less than $0.75 million. C. Completed by way of design within the last 3 years as a Design Build Firm: Vehicular Bridge design projects totaling a construction cost of not less than $ 0.75 million including pavements, utilities and safety plans. D. Completed by way of construction within the last 3 years as a Design Build Firm: Vehicular Bridge work totaling costs of not less than $0.75 million. 4.06 Failure to comply with the provisions of this Article at the time this Proposal is submitted, shall render the Proposal non -responsive. 5. ADDENDA - CHANGES WHILE BIDDING 5.01 It is the Proposer's obligation to notify The Village prior to the opening of Proposals of any conflicts, ambiguities or discrepancies it finds in the Contract Documents, in order to allow The Village to issue appropriate addendum. 5.02 The Village reserves the right to make changes to the Contract Documents, as it finds necessary or in its best interest, at any time prior to the opening of Proposals. 5.03 Every request for interpretation or correction shall be made in writing, addressed to The Village, and must be received at least nine (9) calendar days prior to the opening of Proposals 1/97 IP-6 WMDB in order to be given consideration. All interpretations and supplemental instructions will be issued as a written Addendum to the Contract Documents which, if issued, will be sent by telegram, certified -or registered mail, express mail, hand -delivered or by facsimile to all prospective Proposers (at the respective addresses or facsimile number furnished for such purposes) prior to the opening of Proposals. If any Proposer fails to acknowledge the receipt of any Addendum in the space provided in the Proposal Form, its Proposal will be construed as though receipt of the Addendum had been acknowledged. 5.04 Only the interpretations or corrections of the Proposal Documents given by addenda shall be binding, and prospective Proposers are warned that no other source is authorized to give information concerning, explaining or interpreting the Proposal Documents. Proposers shall not rely on any oral interpretation, nor correction of any apparent ambiguity, inconsistency or error offered by any person. 6. Not Used 7. FLORIDA SALES TAX 7.01 All work under this Design Build Contract is subject to the provisions of Chapter 212, Florida Statutes, Tax on Sales, Use and Other Transactions, as amended, and the Proposer shall be responsible for determining its liability thereunder, shall make payment therefor, and the cost therefor shall be deemed included in the Proposal price. 8. PROPOSAL GUARANTY 8.01 Each Proposal must be accompanied by a proposal guaranty in the form of a Cashier's or certified check on any national or state bank, made payable to Village of Key Biscayne, Florida, or a Proposal Bond, prepared on the form attached hereto, duly executed by the Proposer as Principal and having a Surety thereon meeting the requirements set forth in the Proposal Documents. Proceeds of Proposal guaranty checks will be held by The Village without interest to the Proposer. Failure to include the specified Proposal Guaranty shall render the Proposal non -responsive. 8.02 The Proposal guaranty furnished shall be in an amount of Twenty -Five Thousand Dollars ($25,000.00) . 8.03 After Proposal opening, proceeds of checks submitted as guaranty will be returned to all but the three best ranked Proposers, as determined by the Village. The proceeds of the remaining cash Proposal guarantees will be returned after The Village and the successful Proposer have executed the Contract for the Work. 1/97 IP-7 WMDB In the event the Contract is not awarded within the time stipulated in the Request For Acquisition, The Village will return the proceeds of all checks submitted as Proposal Guaranty. No -interest will be paid on Proposal Guaranties. 8.04 Proposal Bonds will not be returned to any Proposer. 9. GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT 9.01 The Proposer to whom the Village Council has made a tentative award will be required to furnish separate Performance and Payment Bonds, in accordance with the provisions of the Contract Documents. 10. POWER OF ATTORNEY AND COUNTERSIGNATURE 10.01 Attorneys -in -fact, who sign the Proposal Bond, Performance Bond and Payment Bond, must file with such Bonds, certified copies of their current power of attorney to sign such Bonds. All Bonds must be countersigned by a Florida Resident agent of the Surety, with a copy of the agent's current identification card, as issued by the State of Florida Insurance Commissioner, attached thereto. 11. WITHDRAWAL OF PROPOSALS 11.01 No Proposal can be withdrawn by a Proposer after it is filed with the Village of Key Biscayne, during the period stipulated in the Request for Acquisition, unless the Proposer makes the request in writing to the Village of Key Biscayne and the request is received prior to the time set for receipt of Proposals. No Proposals shall be withdrawn after Proposals are opened. 12. CONSIDERATION FOR AWARD 12.01 In selecting a Proposer to provide the services required under the Contract, The Village will award the Contract to the Proposer who, in the opinion of The Village, best meets the intent of The Village, as described in the Request for Acquisition (RFA), and best meets the evaluation factors below. All proposals will be referred to an Evaluation/Selection Committee appointed by The Village Manager. 12.02 Proposal Evaluation Factors The significant proposal evaluation factors and their maximum weight will be as follows: 1/97 IP-8 WMDB Part A Proposal: (Qualifications) Maximum Score (Total = 100 pts.) 1. The Proposer's design/build and bridge experience. 0 to 25 2. The Proposer's reputation and track record as indicated by the quality and timeliness of completed designs and construction. 0to35 3. The Proposer's organizational approach and project team 0 to 25 qualifications geared to resolve site constraints, projects interface and meet the project schedule. 4. The Proposer's design documentation. 12.03 Part B Proposal: 1. The Proposer's proposed Total Cost for the Project. 13. AWARD PROCEDURE 0 to 15 13.01 Review of Proposals. Each proposal will be reviewed to determine if the proposal is responsive. A responsive proposal is one which follows the Instructions to the Proposers, includes all required documentation, the Proposal Bond, and the appropriate signatures as required on each document. Each Part A Proposal will be opened and reviewed to determine if the Part A Proposal is responsive to the (RFA). Responsive proposers will be invited to appear before the Evaluation/SelectionCommittee for an oral presentation. The Proposer's cost is not to be addressed in the oral presentation. Only that inform iti on which is included in the Part A envelope and any further information as the committee may direct may be presented. (NOTE: For purposes of identification and to assist the Proposers in the preparation of their submittal, The Village has identified the difference between the Part A and Part B Forms included in these documents by utilizing different color sheets.) These different color sheets are solely meant to assist the Proposers in the preparation of the proposal; however, the additional 5 copies, as required in Articles 1 and 2 of these Instructions to Proposers, may be submitted on standard white paper. 13.02 Evaluation and Ranking of the Proposals. The Evaluation/Selection Committee will receive the Proposer's oral presentation and will review the Part A Proposal. Attention will be given to the Proposer's response to those requirements identified in Article 12 of the Instructions to Proposers. The Committee will then rank the proposals (Independent of Part B). 1/97 IP-9 WMDB The Committee will open the sealed Part B Proposals which include the proposers' proposed price (compensation) and will then rank the Proposals' Proposed Price (Independent of Part A). The Committee will then evaluate and analyze the Part A and Part B rankings of the Proposals and develop an overall ranking which includes both qualifications and price. The overall ranking shall be accomplished by dividing each Proposers' proposed price by the ranking score in Part A, to obtain an adjusted score. (Proposer Proposed Price _ Part A Score = Adjusted Score). Based on the lowest adjusted score, the Committee will then select not less than three (3) firms (providing that there are three responsive proposers) and submit its recommendations for award and concurrence to The Village Manager. Following receipt of the Selection/EvaluationCommittee's report; the Village Manager will prepare a recommendation to the Village Council for award of the Contract to one of the Proposers. 13.03 Award and Execution of Contract: Procedures for award and execution of the Contract are set forth in these instructions to Proposers. 14. (Not Used) 15. MANAGEMENT PROGRAM 15.01 Each Proposer must submit as part of the Proposal a description of the Management Program that will be established and dedicated to the performance of this Contract. The Program should address the Contractor's Management Organization Contract Team) and structure to be employed in the administration of the Contract Such descriptions of the Management Program shall include, but not be limited to, the following: A. Organization chart or table of the Contract Team members and their titles. B. Detailed text describing the responsibilities and job descriptions of each member of the team. C. Resumes of Contract Team members, including architect, engineers, the General Manager and the superintendent. The resumes must show experience on projects similar to this project in size and in complexity. D. Schedule for planning and organizing the Contract. After award the schedule is to be updated monthly and copies submitted to The Village. 1/97 IP-l0 WMDB E. Programs for safety. F. Programs for quality control. G. Monthly Management reports to be provided to The Village which would demonstrate progress. H. Description of other programs and services applicable to the Management Program of the Proposer. 16. DESIGN DOCUMENTATION 16.01 Each Proposer shall submit with its Proposal technical data and drawings defining its intended approach to design and construction of the project. 16.02 As part of Proposal Part A submittal, proposers shall prepare technical data and drawings to include the following: a. Project Schedule and Management Plan Provide, as a minimum, a bar chart outlining the proposed schedule of progress including but not limited to design development, working drawings, permitting process, demolition, site work, construction phases by discipline, project completion, project closeout. 16.03 Supplemental data and drawings along with data and drawings accompanying the Proposers Proposal will be used to evaluate the quality of the Proposers design and construction offer under evaluation factor 4 of Article 12.02. 16,04 All data and drawings so offered by the successful Proposer shall become a part of the Contract Documents. The D/B Firm shall provide design and construction in full compliance with the Acquisition Documents and its Design Documentation. 17. PROPOSED COST 17.01 Proposer shall enter their proposed total cost in the spaces provided in the Proposal Form. (Part B of the Proposal). 18. QUALIFICATIONS OF PROPOSERS 18.01 Before awarding the Contract, The Village reserves the right to require the Proposer to submit evidence of its qualifications. The Village will consider any evidence it deems 1/97 IP- l l WMDB necessary, including information concerning the financial, technical and other qualifications and abilities of the Proposer. 18.02 Criminal Convictions: Proposers are required to complete and submit with their Bid, the Criminal Record Affidavit attached to the Bid Form, sworn or notarized. No contract shall be awarded unless the affidavit is complete. 19. REJECTION OF PROPOSALS 19.01 Proposals which do not contain completed and properly executed forms and affidavits, as required and included in these Acquisition Documents, may be rejected by The Village. 19.02 Proposals which are not responsive to the Acquisition Documents shall be rejected by The Village. 19.03 Proposals will be considered irregular and may be rejected if they contain omissions, alterations of forms, additions not called for, unauthorized alternate proposals, or other irregularities. 19.04 Until the Contract is tentatively awarded, The Village reserves the right to waive informalities and irregularities contained in the Proposal, or to reject any or all Proposals, or to re -advertise the Request for Acquisition, whichever is in The Village's best interests. 19.05 Any of the following additional factors may be considered sufficient cause for rejection of the Proposal: A. Proposal submitted on a form other than that furnished by The Village. B. Submission of more than one Proposal for the same work by an individual, firm, partnership or corporation under the same or different names; C. Evidence of collusion among Proposers. D. Previous participation in collusive bidding on work for The Village. E. Lack of Competency of Proposer. The Contract will be awarded only to a Proposer considered to be capable of performing the work as required by the 1/97 IP-12 WMDB Contract Documents. The Village may declare any Proposer ineligible at any time during the process of receiving and evaluating proposals or awarding the Contract where developments arise which, in the opinion of The Village, adversely affect the Proposer's competency to perform the work and to discharge its responsibilities under the Contract; F Lack of capability as shown by past performance of Proposer's work for The Village, judged from the standpoint of workmanship and progress; G. Unfinished work for which the Proposer is committed by contract, which, in the judgement of The Village, might hinder or prevent the prompt completion of work under this Contract if awarded to such Proposer; H. Being in arrears on any existing Contract, or having been sued to enforce The Village's rights on a construction contract, or having failed to complete the Work, the punch list, or warranty items, or having defaulted on a previous contract with The Village. I. The Proposal does not contain a proposed price for each pay item listed in the Proposal Form. J. The Proposal is not accompanied by the Proposal Guaranty. 20. TENTATIVE AWARD OF CONTRACT 20.01 Unless all Proposals are rejected, the Contract will be tentatively awarded by The Village to the qualified, responsive and responsible Proposer selected by the Village Council in accordance with Article 13. 20.02 In the case of Proposals containing multiple Proposal items or Proposal schedules, the correct summation of the correct products, obtained by multiplying the estimated quantities by the unit Proposal prices entered therein, together with lump sum Proposal prices, if any, will be considered as the total Proposal amount. In the event of a discrepancy between a unit Proposal price and an extension, the unit Proposal price will govern. Obvious mathematical errors on the Proposal Form discovered by The Village will be corrected. In case of conflict between amounts listed in words and the amounts listed in figures, the words, unless obviously incorrect, shall govern. 20.03 Not Used. 1/97 IP-13 WMDB 20.04 A tentative award will be made, or all Proposals will be rejected, within (40) calendar days after the scheduled date for the receipt of Proposals stipulated, or as extended by Addendum, or otherwise. 20.05 The Village reserves the right to cancel the award without liability to the Proposer, except return of the Proposal Guaranty, at any time before the contract is fully executed by The Village. 21. EXECUTION OF CONTRACT 21.01 Within fifteen (15) calendar days after the prescribed forms are presented to the successful Proposer, the Proposer shall deliver to The Village the executed Contract, the Performance Bond, the Payment Bond, and satisfactory evidence of all required insurance coverage. These documents must be delivered to The Village before the Contract will be executed by The Village. 21.02 The Contract shall not be binding upon The Village until it has been executed by The Village and a copy of the fully executed Contract is delivered to the D/B Firm. 22. FAILURE TO EXECUTE CONTRACT 22.01 Failure by the Proposer to whom the Contract has been tentatively awarded, to execute and deliver the Contract as filled in and completed by the Village Attorney and other applicable forms, and to furnish the Performance and Payment Bonds, and to furnish satisfactory evidence of all insurance coverage within fifteen(15) calendar days after the prescribed forms are presented to him for execution, may result in the annulment of the tentative award and the forfeiture of the Proposal Guaranty to The Village, which forfeiture shall be considered not as a penalty but in liquidation of damages sustained by The Village. Tentative Award may then be made to another qualified responsible Proposer, selected by the Village Council, or all remaining Proposals may be rejected, and another RFA may be issued. 23. Not Used 24. PROPOSAL PROTESTS 24.01 A proposer who disputes a recommended contract award or the responsiveness of any of the apparent proposers, shall have the right to file a written protest. A written protest shall be filed with the Clerk of the Village of Key Biscayne, all participants in the proposal submission process, and to the Village Attorney within five (5) working days of the filing of the Village Manager's recommendation of contract award. Such protest shall be in writing 1/97 IP-14 WMDB and shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. Any grounds not stated shall be deemed waived. Oral protests shall not be subject to consideration. 24.02 Protests filed in accordance herewith shall be reviewed and considered by the Village Manager prior to action by the Village Council upon the Village Manager's recommendations of Proposal Award and shall be submitted to the Village Council for their consideration in acting upon the Village Managers recommendation. 1/97 IP-15 WMBD PART B PROPOSAL FORM (PF) VILLAGE OF KEY BISCAYNE, FLORIDA DATE: PROPOSER ADDRESS TELEPHONE NO. PROJECT TITLE: PROJECT NO. THE UNDERSIGNED, AS PROPOSER, HEREBY DECLARES THAT: The only person or persons interested in this Proposal as Principal, or Principals, is or are named herein and that no person other that herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connections with any other person, company or parties making a Proposal; and that it is in all respects fair and made in good faith without collusion or fraud. The Proposer further declares that it has examined the Acquisition Documents and the site of the Work and is fully informed in regard to the design, construction and other work to be performed and accepts all conditions pertaining to the place where the work is to be done. THE PROPOSER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA: Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Failure to acknowledge addenda shall not relieve such proposer from its obligation under this Proposal. THE PROPOSER FURTHER AGREES THAT: PROPOSAL ACCEPTANCE: If this Proposal is accepted, to contract with the Village of Key Biscayne, Florida, in the form of Contract attached, in strict accordance with the Proposal Documents and to furnish the prescribed Performance and Payment Bonds, each for not less than the Total Contract Amount, including the Allowance Account, and to furnish the required evidence of the specified insurance, all within the applicable time. 1/97 PF-1 WMBD PROPOSAL GUARANTY: Each Proposal Qualifications (Part A) must be accompanied by a Proposal Guaranty in the amount and manner stipulated in the Request for Acquisition and specified in the Instructions to Proposer. The Proposer shall not withdraw this Proposal after proposal opening for the period stated in the Request for Acquistion. CONTRACT TIME: Completion of the work within the Contract Time is of the essence. The Contract Time for this work is 300 calendar days from the effective date established in the Notice To Proceed. LIQUIDATED DAMAGES: Liquidated damages at the rate of $200 per day, will be deducted from the contract amount for each calendar day of delay due to a Non -Excusable Delay. COMPENSATION: To accept as full compensation for all work required to complete the Contract, the prices named thereof in the following Proposers Proposed Price. 1/97 PF-2 WMBD PART B PROPOSED PRICE (All prices shall be in U.S. Dollars) The Proposer hereby agrees to perform the work required of the Proposer under the Contract Documents for the following: Proposal Item 1 Proposal Item 2 Design Build Firm's Proposed Cost (not to exceed 5% of the Proposed Cost of Item 2) for preparing the Final Design, the Construction Documents including Plans and Technical Specifications and Permitting. $ (in figures) Dollars (Amount in words) Design Build Firm's Proposed Price for all other cost including but not being limited to labor, material, equipment, construction and construction phase engineering and management services to complete all work under the Design Build Contract Documents exclusive of work included in Item 1 and Item 3. $ (in figures) Dollars (Amount in words) Proposal Item 3 Allowance Account amount. Sixty Thousand (Amount in words) $ 60,000.00 (in figures) Dollars 1/97 PF-3 WMBD PROPOSAL SIGNATURE PAGE FOR CORPORATION Attached is a _ for the sum of U.S. Dollars. ($ ), in accordance with the Instruction to Porposers. The offices of the Corporation are as follows: Name Address President Vice President Secretary Treasurer STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR CORPORATION Name of Holder (Qualifier) (Certificate Number) DADE COUNTY CERTIFICATE OF COMPETENCY FOR CORPORATION Name of Holder (Qualifier) (Certificate Number) Post Office Address: BIDDER: (Corporate Name) BY: State in which Chartered: President Attest: Registry with Florida Secretary Secretary of State, if foreign; (CORPORATE SEAL) 1/97 PF-4 WMBD PROPOSAL SIGNATURE PAGE FOR PARTNERSHIP OR JOINT VENTURE Attached is a , for the sum of U.S. Dollars.($ ) in accordance with the Instructions of Proposers. The Partnership or Joint Venture Proposer, , consists of the following entities: (a) , a corporation, (Corporate Name) Authorized to do business in the State of Florida (b) , a corporation, (Corporate Name) Authorized to do business in the State of Florida (c) , (d) (Name) (Name) , (d) (Partner) (Partner) The Managing or the General Partner of the Partnership or Joint Venture , who is the of (Name) (Title) (Name of Entity) STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR PARTNERSHIP OF JOINT VENTURE: Name of Holder (Qualifier) (Certificate Number) DADE COUNTY CERTIFICATE OF COMPETENCY FOR PARTNERSHIP OR JOINT VENTURE: Name of Holder (Qualifier) (Certificate Number) PROPOSER: Witness to Signature of Partnership or Joint Venture Managing Representative: (Name of Joint Venture) By: (Managing Representative) 1197 PF-5 PROPOSERS QUALIFICATIONS PART A Part "A" PROPOSER QUALIFICATION (PO) Contract no. 3011B The information solicited from Proposers by the questions on pages PQ - 1 - PQ -18 of this document is to assist The Village of Key Biscayne in the evaluation of the competence and responsibility of a Proposer as explained in the Request for Acquisition. Responses should be brief and direct, but more importantly, complete. If the space provided in the questionnaire for any response is inadequate, such response may be made on separate sheet adequate and cross referenced to the item being answered. All responses, whether on the questionnaire or on attachments, shall be clearly printed or typewritten in the English language. Copies of existing organization chart, operating procedures and similar material may be provided as addenda to a specific response if such material is relevant. Public relations, sales promotional and similar types of material should not be submitted. If a Proposer is successful, the award of Contract by the Village shall in no way imply approval or acceptance of all or any part of the material and information submitted in or with this questionnaire, nor shall it form the basis of relief of any of the requirements of the Contract as executed subsequent to award. One original and four copies of all information requested in this questionnaire shall be submitted with this Proposal. NAME OF PROPOSER PRINCIPAL OFFICE (Street or P.O. Box) (City) (State) (Zip Code) BUSINESS HOURS BUSINESS TELEPHONE NO. EMERGENCY TELEPHONE NO. FACSIMILE TELEPHONE NO. 1/97 PQ -1 WMDB PART "A" 1. Is the Proposer, a partnership , a corporation or a joint venture ? (Check as applicable). If a partnership, list names and address of partners; if a corporation, list name of offices and directors and State of Incorporation; if a joint venture, list names and addresses of venturers and if any venturer is a corporation, partnership or Joint venture, list the same information for each such corporation, partnership and joint venture. If applicable, indicate date of fictitious name registration Pursuant to Section 865.09, Florida Statutes. Date: 2. Does the Proposer hold a Certificate of Certification issued By the state of Florida Construction Licensing Board? Certificate No. ; Classification: Name of Qualifying Agent: 3. Does the Proposer hold a Certificate of Competency issued by Metopolitan Dade County? Certificate No. ; Classification: Name of Qualifying Agent: 4. Does the Proposer hold a Certificate of certification issued By the State of Florida to practice or to offer to practice Engineering? Certification No. ; Classification: Name of Qualifying Agent: 1/97 PQ -2 WMDB Part "A" 5. Does the time Proposer hold a Certificate of Certification Issued by the State Florida to practice or to offer to practice_Architecture? Certificate No. ; Classification: Name of Qualifying Agent: 6. Has the Proposer or the organization or any officer, or joint venture partner thereof, failed to complete a Construction contract? If so, give details 7. Is any member of the organization of the Proposer employed By or officially connected with The Village of Key Biscayne? If yes, explain: 8. Has the organization of the Proposer or any of its directors, officers, partners or supervisory personnel including those of any Joint Venture ever been party to Any criminal action relating directly or indirectly to the Business of the Proposer herein? If yes, explain: 1/97 PQ -3 WMDB PART "A" 9. Has the Proposer's organization including any Joint Venture ever paid actual or liquidated damages for late completion? If yes, give full particulars: 10. Give information below that summarizes your construction contract work, including that of any Joint Venture partner(s), currently under way and not substantially completed, or contracted for during the last five (5) years. Price Date of Name Contract & Type Estimated Address & of Construction City Percent Telephone No. Complete Of Custmer 1/97 PQ -4 WMDB PART "A" 11. References: Give only engineers, architects , or other customers, including public agencies, for whom the Proposer has worked with during the last five (5) years. Name Address Business Telephone No. 12. Is any litigation pending against the organization of the Proposer including members of any joint venture? If so, give details 13. The Proposer represents that it (is/is not) owned or controlled by a parent company. For this purpose, a parent - company is defined as one which either owns or controls the activities and basic business policies of the Proposer. To own another company means the parent company must own at least a majority (more than fifty percent 50%) of the voting rights in that company. To control another company, such 1/97 PQ -5 WMDB ownership is not required; if another company is able to formulate, determine or veto basic business policy decisions of the bidder, such other company is considered the parent of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements or otherwise. If the Proposer is owned or controlled by a parent company, insert in the space below the name, main office address and telephone number. The Proposer represents and warrants that the foregoing information is true and accurate to the best of the Proposer's knowledge and the Proposer intends that Village of Key Biscayne rely thereon in the award of the Contract for which this information is submitted. Proposer (If Corporation): Name of Corporation By: President Attest: Secretary (Corporate Seal) Witness to Signature of ---> Proposer (If Partnership): Name of Firm By: Title 1/97 PQ -6 WMDB PART "A" The Managing or the General Partner of the Joint Venture, or other appropriate person legally authorized to bind the Joint Venture is _ _ , who is the of (Name) (Title) (Name of Entity) The Officers of the Corporate Members of the Joint Venture are: (a) President: (b) President: Vice-Pres: Vice-Pres: Secretary: Secretary: Treasurer: Treasurer: The Principals of the Sole Proprietorship or Partnership Members of the Joint Venture are: (c) (d) (Name) (Name) (Title) (Title) DADE COUNTY CERTIFICATE OF COMPETENCY FOR JOINT VENTURE: Name of Holder (Qualifier) (Certificate Number) STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR JOINT VENTURE: Name of Holder (Qualifier) (Certificate Number) PROPOSER: Witness of Signature of Joint Venture Managing Representative (Name of Joint Venture) By: 1/97 PQ -7 WMDB PART "A" THE PROPOSER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA: Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Failure to acknowledge addenda shall not relieve such proposer from its obligation under this RFA. THE PROPOSER AGREES THAT: PROPOSER ACCEPTANCE: If this Proposal is accepted, to contract with The Village of Key Biscayne, in the form of Contract attached, in strict accordance with the RFA Documents and to furnish the prescribed Performance and Payment Bonds, each for not less than the total Contract price, and to furnish the required evidence of the specified insurance, all within the applicable time. PROPOSAL GUARANTY: Each proposal must be accompanied by a Proposal Guaranty in the amount and manner stipulated in the RFA and specified in the Instructions to Proposers. The Proposer shall not withdraw this Proposal after proposal opening for the Period stipulated in the RFA. 1/97 PQ -8 WMDB PART "A" PROPOSAL SIGNATURE PAGE FOR PARTNERSHIP OF JOINT VENTURE Attached is a (Certified Check] fCashier's checkl fBid Bond on the standard form as provided by the Villagel, for the sum of U.S. Dollars, ($ ), in accordance with the Instructions to Proposers. The Partners or Joint Venture Proposer, (a) , a corporation, (Corporate Name) Authorized to do business in the State of Florida (b) , a corporation, (Corporate Name) Authorized to do business in the State of Florida (c) , (d) (Name) (Name) , (d) (Partner) (Partner) The Managing or the General Partner of the Partnership or Joint Venture , who is the of (Name) (Title) (Name of Entity) STATE OF FLORIDA PROFESSIONAL ARCHITECT OR ENGINEER REGISTRATION (Name of Registered Architect) (Professional Registration Number) (Name of Professional Engineer) Witness to Signature of Partnership or Joint Venture Managing Representative: (Professional Registration Number) PROPOSER: (Name of Joint Venture) By: (Managing Representative) 1/97 PQ -9 WMDB PART "A" PROPOSAL SIGNATURE PAGE FOR CORPORATION Attached is a [Certified Check] [Cashier's Check] (Bid Bond on -the -standard form as provided by the Village], for the sum of U.S. Dollars, ($ ), in accordance with the Instructions to Proposers. The Officers of the Corporation are as follows: Name Address President Vice President Secretary Treasurer STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR CORPORATION Name of Holder (Qualifier) (Certificate Number) DADE COUNTY CERTIFICATE OF COMPETENCY FOR CORPORATION Name of Holder (Qualifier) (Certificate Number) STATE OF FLORIDA PROFESSIONAL ARCHITECT OR ENGINEER REGISTRATION (Name of Registered Architect) (Professional Registration Number) (Name of Professional Engineer) (Professional Registration Number) Post Office Address: PROPOSER: (Corporate Name) State in which Chartered: BY: President Attest: Registry with Florida Secretary Secretary of State, if foreign: Date: (Corporate Seal) 1/97 PQ -10 WMDB PART "A" MANAGEMENT PROGRAM Describe and insert herein one (1) original and five (5) copies of the Management Program of the Proposer, attach the organization table, flow charts which demonstrate authorities and responsibilities of the proposer's personnel, resumes and other required descriptions, and identify the General Manager in accordance with the requirements of Article 15 of the Instructions to Proposers. 1/97 PQ -11 WMDB SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Proposal Form for Project No. for 2. This sworn statement is submitted by [name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is and my relationship to the [please print name of individual signing] entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 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. PQ -13 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which supplies a quote 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. Based on information -and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] O There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted contractor list. [Please attach a copy of the final order.] ❑ The person or affiliate was placed on the convicted contractor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted contractor list. [Please attach a copy of the final order.] O The person or affiliate has not been placed on the convicted contractor list. [Please describe any action taken by or pending with the Department of General Services.] [signature] Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this day of , 19 NOTARY PUBLIC My Commission expires: PQ -14 DOCUMENT 00421 CORPORATE PRINCIPAL CERTIFICATION Project No. 3011 Project Name: I, , certify that I am the ( ) secretary ( ) of the Corporation named as Principal in the bond; that , who signed the attached documents on behalf of the Principal, was then of/for said Corporation; that I know his signature, and that his signature thereto is genuine; that said document(s) was/were duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing body. State of ) ) SS County of ) Signature: (Corporate Seal) The foregoing instrument was acknowledged before me this _ day of , 19_. FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT: by FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: by having the title of with ( ) a corporation ( ) a partnership ( ) a joint venture behalf of the ( ) corporation ( ) partnership ( ) joint venture. He/She is ( ) personally know to me, or ( ) has produced as identification. Notary Signature: Type or Print Name: Notary Seal: Attachment to: ( ) Proposal Agreement ( ) Bid Bonds (s) /Proposal Bond (s) ( ) Bid Affidavit (s) ( ) Post Bid Submittals ( ) Performance & Payment Bond (s) ( ) Other (Specify) : PQ -15 DOCUMENT 00421 CORPORATE PRINCIPAL CERTIFICATION Project No. 3011 Project Name: I, , certify that I am the ( ) secretary ( ) of the Corporation named as Principal in the bond; that , who signed the attached documents on behalf of the Principal, was then of/for said Corporation; that I know his signature, and that his signature thereto is genuine; that said document(s) was/were duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing body. State of ) ) SS County of ) Signature: (Corporate Seal) The foregoing instrument was acknowledged before me this _ day of , 19_. FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT: by FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: by having the title of with ( ) a corporation ( ) a partnership ( ) a joint venture behalf of the ( ) corporation ( ) partnership ( ) joint venture. He/She is ( ) personally know to me, or ( ) has produced as identification. Notary Signature: Type or Print Name: Notary Seal: Attachment to: ( ) Proposal Agreement ( ) Bid Bonds (s) /Proposal Bond (s) ( ) Bid Affidavit (s) ( ) Post Bid Submittals ( ) Performance & Payment Bond (s) ( ) Other (Specify) : PQ -15 Criminal Record Affidavit Before me, the undersigned authority appeared (print name), the (print title) of (print name of Bidder), who attests that (print name of Bidder) as of the date of bid submission: has not been convicted of a felony during the past ten (10) years, nor does it, as of the date of of bid or proposal submission, have an officer, director or executive who has been convicted of a felony during the past ten (10) years. has been convicted of a felony during the past ten (10) years. When the Bidder is an individual: By: (Signature of individual) (Address) (Printed name of individual) When the Bidder is a sole proprietorship or operates under a trade name: (Printed name of firm) By: (Signature of individual) (Address) (Printed name of individual) PQ -16 When the Bidder is a partnership: (printed name of partnership) By: (Signature of partner) (Printed name of partner) (Address) When the Bidder is a corporation: (Corporate Seal) (Printed name of corporation) By: (Signature of President or Vice -President and capacity) By: (Printed name of President or Vice -President) (Business address of corporation) PQ -17 When the Bidder is a Joint Venture: (printed name of joint venture) By: (Signature) (Printed name of joint venture) (Business address of joint venture) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this day of , 19 NOTARY PUBLIC My Commission expires: PQ -18 PROPOSAL BOND State of County of We, - as Principal and as Surety, are held and firmly bond unto Village of Key Biscayne hereinafter called theVillage, in the Penal sum of Twenty Five Thousand Dollars ($ 25,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. The Principal has submitted the attached Proposal, dated , 19 ,for Project West Mashta Drive Bridge , Project No. 3011B . The Principal shall at the time of proposal opening furnish all documents and information required by the Contract Documents, and shall not withdraw said Proposal within the time stipulated in the Request for Acquisition and shall within the time stipulated in the Instructions to Proposers execute and deliver to the Village, the Contract, the Performance Bond, Payment Bond and satisfactory evidence of all required Insurance. The Principal shall give a Performance Bond and a Payment Bond with good and sufficient surety, as required by the Contract Documents, for the faithful performance and proper fulfillment of such Contract and for the prompt payment of all persons furnishing labor or materials in connectione therewith. Having met these obligations shall render this Bond void and of no effect; or in the event of withdrawal of said Proposal within the period specified, or in the event of failure to comply with the Contract Documents, or in the event of failure to enter into such Contract and give such Bonds and evidence of insurance within the time specified, if the Principal shall pay the Village the difference between the amounts specified in said Proposal and the amount for which the Village may procure the required work and supplies, provided the latter amount be in excess of the former, then the above obligations shall be void and of no effect; otherwise, to remain in full force and virtue. The above bounden parties have caused this Bond to be executed by their appropriate official of the day of , 19 _. CORPORATION Witness Witness Witness By: Title PARTNERSHIP OR JOINT VENTURE By: Title By: Title: * Note: All Partners or Joint Venture Members shall sign and submit documentation proving their authority to sign on behalf of the Partnership or Joint Venture. COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY; (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be attached) By: Attorney -in -Fact (CORPORATE SEAL) (This form must be submitted in duplicate - one original and one copy) PB-1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [insert seals] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS N This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Contract Between Owner and Design/Builder (No. 1910-40) (1994 Edition). Their provisions are interrelated and a change in one may necessitate a change in the other. The suggested language contained in the Guide to Use of EJCDC Design/Build Documents (No. 1910-42) (1994 Edition) is also carefully interrelated with the language of this EJCDC No 1910-40-A (1995 Edition) Note to User Before entering into this Agreement, it is recommended that the parties determine whether applicable Laws arid Regulations prohibit or require alterations in the contemplated contractual arrangements and the assignments of responsibilities for a design/build project. Check competitive bidding, contractor licensing, design professional licensing, and professional practice Laws and Regulations, among others. © 1995 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2715 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the /Y4t day of .6111 T , 19 7/7 by and between VILLAGE of- KO' B&SCAli,Jt (hereinafter called OWNER) and CONt Ca,OSTRt4roi,$ ,_ h.ic 6735 S. LGIs AJtnic TfMP13, rtc101OA 33616 (hereinafter called DESIGN/BUILDER). OWNER and DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 1.01. DESIGN/BUILDER shall complete all Work as specified or indicated in the ContractDocuments. The Work is generally described as follows: The design and construction of a new vehicle bridge on West Mashta Drive, Village of Key Biscayne, Florida. Article 2. THE PROJECT. 2.01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The design and construction of a single span precast concrete bridge architecturally treated, consisting of head walls, barrier walls, railing, columns with lights. The work includes construction of new approach slabs, drainage, landscaping, fill and dredge, temporary roads and sidewalks and relocation of utiliti... Article 3. CONTRACT TIMES. [Strike inapplicable paragraph(s)] 3.01. Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 270 days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions, and completed and ready for final payment in accordance with paragraph 13.09 of the General Conditions within 300 days after the date when the Contract Times commence to run. 3.02. Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01.A above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses 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 DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER $ 200.00 for each day that expires after the time specified in paragraph 3.01.A for Substantial Completion until the Work is substantially complete. After Substantial Completion, if DESIGN/BUILDER shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.01.A for completion and readiness for final payment or any proper extension thereof granted by OWNER, DESIGN/BUILDER shall pay OWNER $ 200.00 for each day that expires after the time specified in paragraph 3.01.A for completion and readiness for final payment. -2- Article 4. CONTRACT PRICE. 4.01. OWNER shall pay DESIGN/BUILDER the following sum(s) for completion of the Work in accordance with the Contract Documents. A. For all Work other than Unit Price Work, a Lump Sum of $ 80i,364 00 The following cash allowances are included in the above price and have been computed in accordance with paragraph 10.03.A of the General Conditions. Item Allowance Contingency [Attach additional pages if required] $ 60,000.00 -3- Article 5. PAYMENT PROCEDURES 5.01. DESIGN/BUILDER shall submit and OWNER will process Applications for : ayment in accordance with Article 13 of the General Conditions. A. Progress Payments; Retainage OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER's Applications for Payment, on or about the 21st day of each month during performance of the Work as provided in paragraphs 5.01.A.1 and A.2 below All such payments will be measured by the acceptable Schedule of Values established in paragraph 2.06.A of the General Conditions (and it the case of Unit Price Work based on the number of units completed). 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 OWNER may withhold in accordar.ze with paragraph 13.04.B of the General Conditions. a. 90% percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to OWNER, 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 percent of the Work completed. b. 50% percent (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). 2. Upon Substantial Completion, payment will be made in an amount sufficient to increase total payments to DESIGN/BUILDER to 95% percent of the Contract Price (with the balance being retainage), less such amounts as OWNER may withhold in accordance with paragraph 13.04.B of the General Conditions. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price. Article 6. INTEREST. 6.01. All moneys not paid when due as provided in Article 13 of the General Conditions shall bear interest at the rate of 8% percent per annum. Article 7. DESIGN/BUILDER'S REPRESENTATIONS. 7.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 8.01.A through J but excluding the documents described in paragraph 8.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER 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. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. -4- D. DESIGN/BUILDER 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 which have been identified or made available by OWNER. E. DESIGN/BUILDER 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. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from ",isits 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. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, 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. 8.01. The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to 7 , inclusive). B. Exhibits to this Agreement. C. Conceptual Documents identified in the Request for Proposal. D. DESIGN/BUILDER's Proposal. E. Notice to Proceed. F. Performance, Payment, and other Bonds. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages 1 to 35 , inclusive). H. Supplementary Conditions (pages 1 to 10 , inclusive). I. Addenda numbers / through 2 inclusive. J. Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages inclusive). I to K. fhe following which may be delivered, prepared, or issued after the Effective Date of this Agreement and are not attached hereto. 1. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.03.A of the General Conditions. 2. Specifications as defined in Paragraph 1.01.A.42 of the General Conditions 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 8.02. The documents listed in paragraph 8.01 above are attached to this Agreement (except as expressly noted otherwise above). -5- 8.03. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.03.A of the General Conditions. Article 9. MISCELLANEOUS. 9.01. The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 9.02. Terms used in this Owner-Design/Builder Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 9.03. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.04. OWNER and DESIGN/BUILDER 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. 9.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.06. OTHER PROVISIONS. (Not Used) -6- IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and DESIGN/BUILDER. , 19 °Irl This Owner-Design/Builder Agreement will be effective on OWNER: V ( (1'1,9't° 47•F 4 ,VdCytt B Attes Z21,a//' Address for giving notices: V3- (A4 C�y� 169-, �L 114, ri--,33/Y9 DESIGN/BUILDER: Co,* Co,J6i sots,.,. , M i t L. Coati Rte,DEin SEAL] Attest Address for gi ing • +tices: Coot Caastavc nitts, Tn,, (o73S• Soolu Lois AuENv6 rAt4PA PLoa)oA 33414 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, License No. (Gt. 01 b9 63 attach (a) evidence of authority to sign, (b) resolution (Where applicable) or other documents authorizing execution of Agreement and © statement of fiscal officer regarding availability of funds.) Designated Representative: Name: Title: Address: Phone: (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Represeniauve: Name: Sr6PN&a b. KASPER Title: \/ 4 PREsi "k)T Address: 6Z3t S• "n4 L is Au#Mu1 Phone: 1" g 13 - 831- 2411 Facsimile: Facsimile: 1,813'831- tS2.I Afrotied 7 Yr4 114, )41 Alibritio -7- 1 41 4.771 DUIVIVGLL bUUNUH 11UIV I U 6735 SOUTH LOIS AVENUE - TAMPA, FLORIDA 33616 P. O. BOX 22869, TAMPA, FL 33622-2869 PHONE (813) 837-2991 - FAX (813) 839-8921 Village of Key Biscayne Office of the Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 Attn: Mr. C. Samuel Kissinger Village Manager (305) 365-5507 Office (305) 365-8936 Fax November 14, 1997 Re: West Mashta Drive Bridge Project No,: 3011-B This letter shall constitute a portion of the Contract Documents as described in Section 8.01 (j) of the above referenced Project, and shall serve to confirm representations made by us to the Village of Key Biscayne (the "Village") during the course of consideration of our bid for the Project. Cone Constructors, Inc. (the "Contractor") hereby represents and confirms to the Village, as follows: 1 Project design shall be subject to review and approval by the Village at the 30%, 60% and 90% completion of design stages; Contractor shall provide for the installation of all necessary pi fr,r the ?reject at whatever length or depth is necessary; 3 _ Contractor shall maintain two-way motor vehicle traffic at the Project at all times during construction; 4. The stated contract price already includes all costs for all permitting for the Project; 5. The stated contract price already includes all costs for providing and insollling of empty conduit for future utility use, electrical outlets on the bridge structure, name plaque and we shall assist the Village with the necesssary applications for the bridge to be placed on the National Bridge Inventory System_ 6. Contractor hereby certifies that each of the above items (1, 2, 3, 4, and 5) are included in the S 801,300.00 stated contract price, and accordingly, Contractor shall not make any claim for compensation for these items beyond the above described contract price. Further, no claim for such items shall be made by Contractor against the Allowance Account or otherwise. Except as described above, the Allowance Account shall otherwise be administered in accordance with the Project contract. This letter shall constitute a part of the Project contract of November 14, 1997. Please advise if anything further is required at this time. We look forward to working with the Village on this publicly beneficial project_ ely, CO RS, INC. Vice President cc: of pecial Operations C.A.P. Engineering Consultants David M. Wolpin, Esq., Village Attorney Bunnell Foundation, Inc. C3TS TOTAL P.a2 SURETY PERFORMANCE BOND BOND #145760 SURETY PERFORMANCE BOND (REQUIRED BY FLORIDA STATUTES, SECTION 255.05) By this Bond, We CONE CONSTRUCTORS. INC. , as Principal, whose principal business address is 6735 S. LOIS AVE., TAMPA, FL 33616 , as Design Build Firm under the contract dated S4°oeN(3Ett, ly , 19 ell . between Principal and The Village of Key Biscayne for the construction of West Mashta Drive Bridge , Project No. 3011 B (herein after referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and AMERICAN HOME ASSURANCE, a0corporation, whose principal business address is 70 PINE STREET, NEW YORK, NY 10270 as Surety, are bound to The Village of Key Biscayne (herein after referred to as "Village") in the sum of $ Rol, qoo op , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Pays the Village all losses, damages, including damages for delay expenses, cc,sts and attorney's fees, including appellate proceedings, that the Village sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within the time period provided in Section 95.1 1(3)(c), Florida Statutes; and 3. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within the time period provided in Section 95.11(3) (c), Florida Statutes: then this bond is void; otherwise it remains in full force. Surety specifically, sumes liability for any and all delay damages arising from Principal's default for the Contract, as well as all latent defects uncovered in the work of the Principal after the final acceptance of the work by the Village. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance by the Village of the Contract work as are provided for in the Contract by which Principal guarantees to repair or replace any or all work performed or materials and equipment furnished, which were not performed or furnished according to the terms of the Contract. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the Village; provided however, that this limitation does not apply to PFB-1 SURETY PERFORMANCE BOND (Cont'd) suits seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.1 1(3) (c), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the Pi day of 44t n a4r , 1941 . DESIGN BUILD FIRM (.0 E Coasr2,0004 (DesigryBu Id Firm m By: (President)(Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT FLORI A AGENT/OF SURETY: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be attached) MIRNA RAMOS SURETY: AMERICAWHOME ASSURrANCE COMPANY t l o i / By: i . Attorney-in-Fac /rte - MIRNA RAMOS (CORPORATE SEAL) (Power of Attorney must be attached) INQUIRIES: (813) 281-2095 P1213-2 American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N Y 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No 07-B-50431 That American Home Assurance Company. a New York corporation, and National Union Fire insurance Company of Pittsburgh, Pa , a Pennstilyania corporation, does each hereby appoint --James William Dunn, Mirna Ramos, Jeffrey A. Segall, David II. Carr, Denise Taylor: of Tampa, Florida --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa halve each executed these presents thy; 27th day of October 1994 �Vilham D Smith, President STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 27th day of October 1994, before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office t . c: -- r"r/ Lx;..,r iy 1 :, ./ f! ,c. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any, Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may he affixed to any such Power of Attorney or to an certificate relating thereto by facsimile, and any such Po\\er of Attorney or certificate hearing such facsimile signatures or facsimile seal shall he \alid and binding upon the Company when so affixed \\nth respect to any bond, undertaking, reco,nv.uice or other contract of indemnity or \\Titin<, obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still he in effect may insert in suJi Lertiticatwn the date thereof, said date to be not later than the date of deli'.cry thereof by such Attorney -in -Fact " I, Elizabeth M Tuck, Secretary of American !Ionic Assurance Company and of National Union Fire Insurance Company of Pittsbuigh, Pa Jo hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are tnie and correct, and that both the Resolutions and the Powers of Attorney are in bill force and effect IN WITNESS WHEREOF, I ha'.e hereunto set my hand and affixed the facsimile seal of each corporation this 14 day of NOutn+bar , l9Q7 • )14. •49144.4._.... Elizabeth NI. Tuck, Secretary SURETY PAYMENT BOND BOND #145760 SURETY PAYMENT BOND (REQUIRED BY FLORIDA STATUTES, SECTION 255.05) By this Bond, We CONE CONSTRUCTORS, INC. , as Principal, whose principal business address is 6735 S. LOIS AVE.. TAMPA. FL 33616 , as Design Build Firm under the contract dated Magtotber 14 , 194? , between Principal and The Village of Key Biscayne for the construction of West Mashta Drive Bridge , Project No. 3011B (herein after reffered to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and AMERICAN HOME ASSURANCE COMPANY a corporation, whose principal business address is 70 PINE STREET, NEW YORK, NY 10270 as Surety, are bound to The Village of Key Biscayne (herein after referred to as "Village") in the sum of $ 801,300.00 , for payment of which we bind ourselves, our heirs, personal reprensentatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 2. Pays the Village all losses, damages, including damages for delay, e ases, costs and attorney's fees, including appellate proceedings; that the Village sustains because of failure by Principal to make any such payments; then this bond is void; otherwise it remains in full force. A claimant shall have the right of action against the Principal and the Surety for the amount due it. Such action shall not involve the Village in any expense. A claimant, except a laborer, who is not privity with the Principal and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that it intends to look to the bond for protection. A claimant who is not privity with the Principal and who has not received payment for its labor, materials, or supplies shall, within 90 days after the performance of the labor or after complete delivery of the materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for labor, materials or supplies may be instituted against the Principal or the Surety unless both notices have been given. No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery PMB-1 SURETY PAYMENT BOND (Cont'd.) of the materials or supplies. A claimant may not waive in advance its right to bring an action under the bond against the surety. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the 14 day of 0'0e+hb e' 19 SI . DESIGN BUILD FIRM COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current Identification Card as issued by State of Florida Commissioner must be attached) M I RNA RAMOS PMB-2 (President)(Managing Partner or Joint Venturer) (CORPORATE SEAL) SURETY: AMERICAN HpME ASSURAN; -G.OMPANY By: 1 / Attorney -in -Fact IIRNA RAMOS INQUIRIES: (813) 281-2095 (CORPORATE SEAL) (Power of Attorney must be attached) American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 70 Pine Street, New York, N Y 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No.07-B-50431 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa , a Pennsylvania corporation, does each hereby appoint --James William Dunn, Mirna Ramos, Jeffrey A. Segall, Da%id H. Carr, Denise Taylor: of Tampa, Florida --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recogniz.ances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa have each executed these presents STATE OF NEW YORK } COUNTY OF NEW YORK }ss. this 27th day of October 1994 William D. Smith, President On this 27th day of October 1994, before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual --413 J:y , r,:D" D`i° and officer described herein, and acknowledged that he �;,r F _ r ,; executed the foregoing instrument and affixed the seals of r o. c: -�,' _ -' C u�r� said corporations thereto by authority of his office r F Ex; 3;, ./'� CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Roma Assurance Company :rid National Union Fire Insurance Company of Pittsburgh, Pa on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorved to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recogni7ances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its stiiety business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Poser of Attorney or certificate hearing such facsimile signatures or facsimile seal shall he valid and binding upon the Company hen so affixed v ith respect to any bond, undertaking. recognisance or other contract of indemnity or «ritinu, obliszatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still he in effect may insert in such Lertstication the date thereof, said date to he not later than the date of delisery thereof by such Attorney -in -Fact " 1, Eliraheth NI Tuck, Secretary of American /Ionic Assurance Company and of National IJnton 1'ire Insurance Company of Pittsburgh, Pa do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Poitiers of Attomer issued pursuant thereto, are true and correct, and that both the Resolutions and the Po«ers of Attorney are in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 1y day of Ahkp1/3". . , 19 11 • )1f. gri:a„L„ Elizabeth tit Tuck, Secretary FLORIDA DEPARTMENT OF INSURANCE MIRNA RAMOS License Number 1 29482563 IS LICENSED TO TRANSACTXIE FOLLOWING CLASS ESTIER st aANcE General Lines (Prop & Cas) This licensee must have an active appointment with the insurer or employer for which products or services are being marketed See reverse for additional requirements WMDB DESIGN CRITERIA WEST MASHTA DRIVE BRIDGE DESIGNBUILD CONTRACT PROJECT NO. 3011B DESIGN CRITERIA The following design criteria shall be met as minimum requirements in addition to all aspects of the design construction and operations meeting with Federal, State and Local requirements. INTRODUCTION The Village of Key Biscayne intends to award a Design/Build Contract which will result in a complete vehicular bridge of commercial quality to operate efficiently without design or construction failure or deficiency throughout the expected life of the bridge. The project shall be designed and constructed in accordance with the criteria contained in the Request for Acquisition (RFA) hereby referred to as Request for Proposal (RFP) and using industry standard materials and efficient practice. The bridge design and material selected shall be of high quality, durable and easily maintained. The Design Build Team shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specification and other documents or publication upon which construction is based. The documents and information contained in this RFP provide sufficient detail to enable the Design Build Team to realize the completed design and construction of the project, including site civil, demolition, landscaping, bridge and structural, and electrical systems. The Design Build Team shall be responsible and liable for the complete design and construction of all elements of the completed facility, including items which may inadvertently have been omitted from this RFP. PROJECT LOCATION The bridge will be constructed in Dade County on land owned by the Village of Key Biscayne. The site is located in Section 5, township 54 South, Range 42 East. The bridge is located in a residential neighborhood on West Mashta Drive. The bridge will connect Mashta Island to Key Biscayne. WMDB PROJECT DESCRIPTION The proposed bridge will replace a deteriorating bulkhead. The bulkhead banks have eroded and are in need of replacement. The proposed bridge is to be a 45' single span with a out -to -out width of 46'. The structure is to be precast concrete culvert units. The culvert will carry the roadway width of curb to curb 26' and sidewalks of 10'. The two traffic lanes will be 11' wide. Construction should be done in two phases since traffic needs to be maintained at all times into Mashta Island. One side of the roadway will be sheet piled and the proposed bridge constructed. Later the same will occur on the other side of the roadway. The D/B is encouraged to propose other Maintenance of Traffic, (M.O.T.) and phasing solutions. The proposed bridge design includes approach slab, drainage structures, architectural decor, columns, lighting, new bulkheads to match existing bulkhead, pavement, sidewalks, pavement markings and signs required by State and Local codes and all elements to complete the design and construction of the bridge. DESIGN FREEDOM The bridge design drawing contained in the RFP are based on programmatic requirements established by the Village of Key Biscayne and staff and local permitting requirements. The Design Build Team is encouraged to propose innovative creative or cost -saving solutions. However deviating from the proposed plan and exterior aesthetics are discouraged unless the change results in significant improvements to the bridge and is approved by the Village of Key Biscayne. DESIGN STANDARDS AND SPECIFICATIONS The bridge shall be designed and constructed to be in compliance with the American Association of State Highway and Transportation Officials (AASHTO) Standard Specifications for Highway Bridges, 1992 (Fifteenth Edition) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991 Edition. DESIGN LOADS Dead Loads: Per FDOT Structures Guidelines Live Load: HS 20-44 Allowance for future surfacing: 15 lb./FT2 Environment: Corrosive (extremely aggressive) Location: Coastal (salt water) WMDB Concrete: Class IV minimum compressive strength 4000 psi. All exposed concrete surfaces other than traffic barriers, curbs, sidewalks, riding surfaces, other surfaces above the sides of the super structures shall be sealed with a high performance penetrant sealer. Epoxy coated rebars are not permitted on any part of the bridge components. The design of the bridge shall be accomplished, reviewed and sealed by engineers registered to practice in their profession in the State of Florida. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the applicable laws of the jurisdiction in which the Project is to be performed. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of Professional Engineers AMERICAN CONSULTING Professional Engineers in Private Practice ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN N CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS These General Conditions have been prepared for use with the Agreements between Owner and Design/Builder (Nos. 1910-40-A and -B) (1995 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. 1910-42) (1995 Edition) is also carefully interrelated with the language of these General Conditions. Comments concerning their usage are also contained in Document No. 1910-42 (1995 Edition). EJCDC No 1910-40 (1995 Edition) ©1995 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Page ARTICLE 1 --DEFINITIONS 1 1.01 Defined Terms 1 ARTICLE 2 --PRELIMINARY MATTERS 4 2.01 Delivery of Bonds 4 2.02 Commencement of Contract Times; Notice to Proceed 4 2.03 Starting the Work 4 2.04 Before Starting Construction 5 2.05 Initial Conference 5 2.06 Initially Acceptable Schedules 5 ARTICLE 3 --CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 6 3.01 Intent 6 3.02 References 6 3.03 Amending and Supplementing Contract Documents 6 3.04 Reuse of Documents 6 ARTICLE 4 --AVAILABILITY OF LANDS; DIFFERING SITE CONDTTIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS 7 4.01 Availability of Lands 7 4.02 Differing Site Conditions 7 4.03 Reference Points 8 4.04 Hazardous Conditions 8 ARTICLE 5 --BONDS AND INSURANCE 9 5.01 Performance, Payment and Other Bonds 9 5.02 DESIGN/BUILDER's Liability Insurance 9 5.03 OWNER's Liability Insurance 10 5.04 Property Insurance 10 5.05 Waiver of Rights 11 5.06 Receipt and Application of Proceeds 12 5.07 Acceptance of Bonds and Insurance; Option to Replace 12 5.08 Partial Utilization --Property Insurance 12 5.09 Licensed Sureties and Insurers; Certificates of Insurance 12 ARTICLE 6-DESIGN/BUILDER'S RESPONSIBILITIES 13 6.01 Design Professional Services 13 6.02 Supervision and Superintendence of Construction 14 6.03 Labor, Materials and Equipment 14 6.04 Progress Schedule 14 6.05 Concerning Subcontractors, Suppliers and Others 15 6.06 Patent Fees and Royalties 15 6.07 Permits 16 6.08 Laws and Regulations 16 6.09 Taxes 16 6.10 Use of Site and Other Areas 16 6.11 Record Documents 17 i 6.12 Safety and Protection 17 6.13 Safety Representative 17 6.14 Hazard Communication Programs 17 6.15 Emergencies 17 6.16 Submittals 18 6.17 Continuing the Work 18 6.18 DESIGN/BUILDER's General Warranty and Guarantee 18 6.19 Indemnification 19 ARTICLE 7 --OTHER CONSTRUCTION 19 7.01 Related Construction at Site 19 7.02 Coordination 20 ARTICLE 8 --OWNER'S RESPONSIBILITIES 20 8.01 General 20 8.02 Scope of OWNER's Safety and Hazardous Waste Responsibilities 21 8.03 Resident Project Representation 21 ARTICLE 9 --CHANGES IN THE WORK; CLAIMS 21 9.01 General --Rights and Obligations 21 9.02 Notice of Intent to Make Claim 21 9.03 Claim Documentation 22 9.04 Decision 22 9.05 Time Limit Extension 22 9.06 Exceptions 22 9.07 Execution of Change Orders 22 9.08 Notice to Sureties 22 ARTICLE 10 --CHANGE OF CONTRACT PRICE 22 10.01 General 22 10.02 Cost of the Work 23 10.03 Cash Allowances 25 10.04 Unit Prices 25 ARTICLE 11 --CHANGE OF CONTRACT TIMES 26 11.01 General 26 11.02 Time Extensions 26 ARTICLE 12 --TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 26 12.01 Notice of Defects 26 12.02 Access to Construction 27 12.03 Tests and Inspections 27 12.04 Uncovering Construction 27 12.05 Owner May Stop the Construction 27 12.06 Correction or Removal of Defective Construction 28 12.07 Correction Period 28 12.08 Acceptance of Defective Construction 28 12.09 OWNER May Correct Defective Construction 28 11 ARTICLE 13 --PAYMENTS TO DESIGN/BUILDER AND COMPLETION 29 13.01 Schedule of Values 29 13.02 Application for Progress Payment 29 13.03 DESIGNBUILDER's Warranty of Title 29 13.04 Progress Payments 30 13.05 Substantial Completion 30 13.06 Partial Utilization 31 13.07 Final Inspection 31 13.08 Final Application for Payment 31 13.09 Final Payment and Acceptance 32 13.10 Waiver of Claims 32 ARTICLE 14 --SUSPENSION OF WORK AND TERMINATION 32 14.01 Owner May Suspend Work 32 14.02 Owner May Terminate for Cause 32 14.03 Owner May Terminate for Convenience 33 14.04 DESIGNBUILDER May Stop Work or Terminate 34 ARTICLE 15 --DISPUTE RESOLUTION 34 ARTICLE 16 --MISCELLANEOUS 34 16.01 Giving Notice 34 16.02 Computation of Times 34 16.03 Notice of Claim 34 16.04 Cumulative Remedies 35 16.05 Survival of Obligations 35 A TED 15.01 D;spuh, Res,hrtivn Agiu-.rcet iii GENERAL CONDITIONS ARTICLE 1 --DEFINITIONS 1.01 Defined Terms A. 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: 1. Addenda --Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement --The written contract between OWNER and DESIGN/BUILDER covering the Work; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 3. Application for Payment --The form which is to be used by DESIGN/BUILDER in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. 5. Bonds --Performance and payment bonds and other instruments of security. 6. Cash Flow Projection --A schedule prepared by DESIGN/BUILDER estimating that portion of the Contract Price to be due during each month of performance. 7. Change Order --A written order which is signed by DESIGN/BUILDER and OWNER which 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. 8. Conceptual Documents --The drawings and specifications and/or other graphic or written materials, criteria and information concerning OWNER's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for OWNER. 9. Construction --The performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreement--A written agreement between DESIGN/BUILDER and a construction contractor for provision of Construction. 11. Contract Documents --The Agreement, the Conceptual Documents, Addenda (which pertain to the Contract Documents), DESIGN/BUILDER's Proposal, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings together with all Work Change Directives, Change Orders, Written Amendments, and Field Orders, issued on or after the Effective Date of the Agreement. The Contract Documents also include those documents specifically identified by the OWNER in the Request for Proposals. 12. Contract Price --The moneys payable by OWNER to DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents. 1 13. 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 in accordance with paragraph 13.08.A. 14. defective --An adjective which when modifying the term Construction refers to Construction that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to OWNER's final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion). 15. DESIGN/BUILDER--The individual or entity with whom OWNER has entered into the Agreement. 16. Design Subagreement--A written agreement between DESIGNBUILDER and a design professional for provision of Design Professional Services. 17. Design Professional Services --Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings --Those portions of the Contract Documents prepared by or for DESIGN/BUILDER and approved by OWNER consisting of drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. 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. 20. Engineer --A duly licensed individual or entity designated by DESIGN/BUILDER to perform or furnish specified Design Professional Services in connection with the Work. 21. Field Order --A written order issued by OWNER which orders minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. Hazardous Condition --The presence at the Site of Asbestos, Hazardous Waste, PCB's, Petroleum Products or Radioactive Materials in such quantities or circumstances that there is a danger to persons or property. 23. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903). 24. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 25. Liens--CharPes, security interests or encumbrances upon real property or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award --The written notice by OWNER to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 2 28. Notice to Proceed --A written notice given by OWNER to DESIGN/BUILDER fixing the date on which the Contract Times will commence to run. 29. OWNER --The public body, or authority, individual or entity with whom DESIGN/BUILDER has entered into the Agreement and for whom the Work is to be provided. 30. OWNER'S Consultant --An individual or entity having a contract with OWNER to furnish services as OWNER's consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 31. OWNER's Representative --A person designated in writing to act as OWNER's representative with respect to DESIGNBUILDER's performance of the Work. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies, make decisions with respect to performance of the Work, and provide such other services as may be agreed upon. 32. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 33. PCBs --Polychlorinated biphenyls. 34. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 35. Project --The total construction of which the Construction to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 36. Proposal --The documents submitted by DESIGN/BUILDER in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 37. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 38. Request for Proposals --The document prepared by or for OWNER specifying and describing OWNER's objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 39. Resident Project Rep -esentative--The authorized representative of OWNER who may be assigned to the Site or any part thereof. 40. Schedule of Values --A schedule prepared by DESIGN/BUILDER and acceptable to OWNER indicating that portion of the Contract Price to be paid for each major component of the Work. 41. Site --Lands or other areas designated in the Contract Documents as being furnished by OWNER for the performance of the Construction, storage, or access. 42. Specifications --Those portions of the Contract Documents prepared by or for DESIGN/BUILDER and approved by OWNER consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Construction and certain administrative details applicable thereto. 43. Subcontractor --An individualor entityother than a Supplier or Engineer having a direct contract with DESIGN/BUILDER or with any other Subcontractor for the performance of a part of the Work. 44. Submittal --A written or graphic document prepared by or for DESIGN/BUILDER which is 3 required by the Contract Documents to be submitted to OWNER by DESIGN/BUILDER. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, Cash Flow Projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contract Documents. 45. Substantial Completion --The time at which the Construction (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Construction (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Construction refer to Substantial Completion thereof. 46. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with DESIGN/BUILDER or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by DESIGN/BUILDER or any Subcontractor. 48. Unit Price Work --Work to be paid for on _ basis of .:iut prices. 49. Work --The entire completedconstruction or the various separately identifiable parts thereof required to be performed or furnished under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 50. Work Change Directive --A written directive to DESIGN/BUILDER, issued on or after the Effective Date of the Agreement and signed by OWNER ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed as provided in paragraph 4.02 or to emergencies under paragraph 6.15. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Pric, or Contract Times. 51. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and DESIGN/BUILDER on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly design or construction -related aspects of the Contract Documents. ARTICLE 2 --PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When DESIGN/BUILDER delivers the executed Agreements to OWNER, DESIGN/BUILDER shall also deliver to OWNER such Bonds as DESIGN! BUILDER may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the last day for receipt of the Proposal or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 4 2.03 Starting the Work A. DESIGN/BUILDER shall -start to perform the Work on the date when the Contract Times commence to run. 2.04 Before Starting Construction A. DESIGN/BUILDER shall submit the following for review within ten days after commencement of the Contract Times: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including each Milestone specified in the Contract Documents; 2. A preliminary schedule of required Submittals and the times for submitting, reviewing - and processing each Submittal; 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 performance of the Work. Such prices will include a pro rata amount of overhead and profit applicable to each item of Work; and 4. A preliminary Cash Flow Projection. B. Before any Work is started, DESIGN/BUILDER and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which DESIGN/BUILDER and OWNER respectively are required to purchase and maintain in accordance with paragraphs 5.02.A, 5.04.A and 5.04.B. 2.05 Initial Conference A. Within twenty days after the Contract Times start to run a conference attended by OWNER and DESIGN/BUILDER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2.04.A, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to paragraph 8.01.A.6 and other matters. 2.06 Initially Acceptable Schedules A. At least ten days before submission of the first Application for Payment a conference attended by DESIGN/BUILDER, OWNER and others as appropriate will be held to review for acceptability the schedules submitted in accordance with paragraph 2.04.A. DESIGN/BUILDER shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to DESIGN/BUILDER until the schedules are submitted to and acceptable to OWNER as provided below. The progress schedule will be acceptable to OWNER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on OWNER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve DESIGN/BUILDER from DESIGN/BUILDER's full responsibility therefor. The format and structure of the progress schedule will be as set forth in the Contract Documents. OWNER's acceptance shall not be deemed to confirm that the schedule is a reasonable plan for performing the Work. DESIGN/BUILDER's schedule of Submittals will be acceptable to OWNER as providing a workable arrangement for reviewing and processing the required Submittals. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be acceptable to OWNER as to form and substance. f 5 ARTICLE 3 --CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents comprise the entire agreementbetween OWNER and DESIGN/BUILDER concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. 3.02 References A. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. B. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.03.A , the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). C. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, DESIGN/BUILDER or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 8.02 or any other provision of the Contract Documents. 3.03 Amending and Supplementing Contract Documents A. 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: 1. OWNER's approval of required Submittals (pursuant to paragraph 6.16.B); 2. A Work Change Directive; 3. A Change Order; 4. A formal Written Amendment; or 5. A Field Order. 3.04 Reuse of Documents A. All documents including Drawings and Specifications prepared or furnished by DESIGN/BUILDER pursuant to this Agreement are instruments of service in respect of the Project and 6 DESIGN/BUILDER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by DESIGN/BUILDER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to DESIGN/BUILDER and OWNER shall indemnify and hold harmless DESIGN/BUILDER, Subcontractors, and Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle DESIGN/BUILDER to further compensation at rates to be agreed upon by OWNER and DESIGN/BUILDER. ARTICLE 4 --AVAILABILITY OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS 4.01 Availability of Lands A. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Construction is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of DESIGN/BUILDER. B. Upon reasonable written request, OWNER shall furnish DESIGN/BUILDER with a correct statement of record legal title and legal description of the lands upon which the Construction 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 DESIGN/BUILDER 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 Documents. If DESIGN/BUILDER 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, DESIGN/BUILDER may make a claim therefor as provided in Article 9. C. DESIGN/BUILDER shall provide for all additional lands and access thereto that may be required for temporary construction facilitiesor storage of materials and equipment. 4.02 Differing Site Conditions A. DESIGN/BUILDER shall promptly, and before the conditions are disturbed, give a written notice to OWNER of (i) subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. B. OWNER will investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the DESIGN/BUILDER's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 9. C. No request by DESIGN/BUILDER for an equitable adjustment under paragraph 4.02 shall be allowed unless DESIGN/BUILDER has given the written notice required; provided that the time prescribed in 9.02.A foi giving written notice may be extended by OWNER. 7 4.03 Reference Points A. DESIGN/BUILDER shall be responsible for laying out the construction and shall protect and preserve the reference points established by OWNER pursuant to paragraph 8.01.A.6.e and shall make no changes or relocations without the prior written approval of OWNER. DESIGN/BUILDER shall report to OWNER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Hazardous Conditions A. OWNER will be responsible for any Hazardous Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. OWNER shall not be responsible for materials creating a Hazardous Condition brought to the Site by DESIGN/BUILDER, Subcontractors, Suppliers or anyone else for whom DESIGNBUILDER is responsible. B. DESIGN/BUILDER and any affected Subcontractor shall immediately (i) stop all Construction in connection with such Hazardous Condition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and (ii) notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGNBUILDER shall not be required to resume Construction 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 DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and DESIGN/BUILDER 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 Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to be resumed, either party may make a claim therefor as provided in Article 9. C. If after receipt of such special written notice DESIGNBUILDER does not agree to resume Construction based on a reasonable belief it is unsafe, or does not agree to resume such Construction under such special conditions, then OWNER may order such portion of the Work that is related to such Hazardous Condition or in such affected area to be deleted from the Work. If OWNER and DESIGN/BUILDER 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 Article 9. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. D. To the fullest extent permitted by Laws an :ulations, OWNER shall indemnify and ,.ld har ess DESIGN/BUILDER, Subcontr tors, Supplie , Engineers and the officers, . erectors, employee agents, other consul : nts and subcontracto . of each and any of t . m from and against all claim costs, losses and d ages (including but not limited to 11 fees and c'. rges of engineers, architects, attorneys d othe professionals and all court or arbitration or o e : ispute resolution costs) arising out of or resul ' _ from such Hazardous Condition, provided t . (i) a such claim, cost, loss or damage is attri.• table to bo 'ly injury, sickness, disease or death or to injury to destruction of tangible prope y (other than complet- , Construction Services), i • uding the loss of use resultin therefrom, and (ii) .thing in this paragraph 4.04.D sha obligate OWN to indemnify any individual or entit- from an• against the consequences of that individual or tity's own negligence or willful misconduct. E. The provisions of paragraph 4.02 are not intended to apply to materials uncovered or revealed at the Site which are or could be a Hazardous Condition when such materials are identified in the Supplementary Conditions. 8 ARTICLE 5 --BONDS AND INSURANCE 5.01 Performance, Payment and Other Bonds A. DESIGNBUILDER shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all DESIGN/BUILDER'S obligations to furnish, provide and pay for Construction and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. DESIGN/BUILDER shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. B. If the surety on any Bond furnished by DESIGN/BUILDER is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.A, DESIGN/BUILDER shall within thirty days thereafter substitute another Bond and surety meeting the requirements of paragraphs 5.01.A and 5.09. 5.02 DESIGN/BUILDER's Liability Insurance A. DESIGN/BUILDER shall purchase and maintain such Comprehensive or Commercial General Liability (subject to customary exclusions in respect of professional liability), Automobile Liability and Worker's Compensation insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from DESIGN/BUILDER's performance and furnishing of the Work and DESIGN/BUILDER's other obligations under the Contract Documents, whether it is to be performed or furnished by DESIGN/BUILDER, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of DESIGNBUILDER's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than DESIGN/BUILDER's employees; 4. Claims for damages insured by customary personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by DESIGN/BUILDER, or (ii) by any other person for any other reason; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by paragraph 5.02.A shall: 1. With respect to insurance required by paragraphs 5.02.A.3 through 5.02.A.6 inclusive, include as additional insureds OWNER and OWNER's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, 9 and include coverage for the respective officers and employees of all such additional insureds; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. Include completed operations insurance; 4. Include contractual liability insurance covering DESIGN/BUILDER's indemnity obligations under paragraphs 6.06, 6.10 and 6.19; 5. Contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the DESIGN/BUILDER pursuant to paragraph 5.09.B will so provide); 6. Remain in effect at least until final payment and at all times thereafter when DESIGN/BUILDER may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and DESIGN/BUILDER shall furnish OWNER and each other additional insured indicated in the Supplementary Conditions 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). 5.03 OWNER'S Liability Insurance A. In addition to the insurance required to be provided by DESIGN/BUILDER under paragraph 5.02, 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. 5.04 Property Insurance A. Unless otherwise provided in the Supplementary onditions, OWNER shall purchase and maintai p operty insurance upon the Construction at the Si in he amount of the full replacement cost ther of (sub'ect to such deductible amounts as ma be provi ed in the Supplementary Conditions or re ' ired by La and Regulations). This insurance wil 1. Include the interests of • WNER, DESIG /I3UILDER, Subcontractor and any other p rsons or entities indic ed in the Suppleme tary Conditions, each of whom is deemed to ave an insurable inte -st and shall be listed as an i ured or additiona insured; 2. Be writt'. on a Buil• is Risk "all-risk" or open peril or spe al causes • loss policy form that shall at least include insur ce for physical loss and damage to the Con ruc on, temporary buildings, falsework and all - rials and equipment in transit, and shall i re against at least the following perils or us- . of loss: fire, lightning, extended coverage heft, andalism and malicious mischief, earthq ,sr,c, coil, .se, debris removal, demolition occa• oned by enf• cement of Laws and Regulations, +ter damage, a . such other perils or causes of .ss as may be spec ically required by the Supple entary Conditions; 3. elude expenses incurred in the repair or replac ent of any insured property ( eluding but not I. sited to fees and charges of en_'neers and arc tects); 4. Cover materials and equipment st• ed at he Site or at another location that was agr--d to in writing by OWNER prior to being incorported in the Construction, provided that such materials and equipment have been included in a Application for Payment approved by OWNER; 10 5. Be maintained in effect until final payme t is made unless otherwise agreed to in writing .y WNER and DESIGN/BUILDER with thirty ays ritten notice to each other additional insur d to w om a certificate of insurance has been '.sued; an parag B. O boiler and m insurance as Conditions or L the interests Subcontractors, a indicated in the S whom is deemed to be listed as an insure Allow partial utilization in accor• nce with ph 5.08. ER shall purchase and hinery insurance or addi ay be required by the ws and Regulations OWNER, DE d any other in pplementary ve an insur or addit' C. All the polic certificates or other evi purchased and maintaine with paragraph 5.04 wi endorsement that the c cancelled or materially until at least 30 days' given to DESIGN additional insured t has been issued a accordance with s aintain such onal property upplementary ich will include IGN/BUILDER, iduals or entities onditions, each of ble interest and shall nal insured. o insurance (and the thereof) required to be OWNER in accordance y contain a provision or ge afforded will not be cha • ed or renewal refused prior ritten notice has been ILDER and to each other whom a c- tificate of insurance will contain aiver provisions in ragraph 5.05.A. D. OWNE shall not be esponsible for purchasing an• maintaining any prope ty insurance to protect the interests of DESIt (BUILDER, Subcontractrs, Suppliers, Engineers or ethers in the Work to t extent of any deductible amo nts that are identified n the Supplementary Condition • The risk of loss thin such identified deductible a .unt, will be bor i e by DESIGN/BUILDER, Subcont : ctor or other uffering any such loss and if any of the . wishes prop: rty insurance coverage within the limits o such am • nts, each may purchase and maintain it a the pu chaser's own expense. E. If DESIGN/BUILDER requests in writing tht other special insurance be included in the propert insurance policies provided under paragraph 5.04, OWNER sha ossible, include su nsurance, and the cost the -•f will •e charged to DESIGNBUILDER by . opriate Change Order or Written Amendme• 'rior to - mencement of the Work at th - ; e, OWNER shall i 'riting advise DESI :UILDER whether or not s• .' other rance has been procured by OWNER. 5.05 Waiver of Rights A. OWNER and DESIGNBUILDER intend that all policies purchased in accordance with paragraph 5.04 will protect OWNER, DESIGN/BUILDER, Engineers, Subcontractors, and all other individuals or entities indicated in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils o. causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and DESIGN/BUILDER waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against S,.'contractors, Suppliers, Engineers and all other individuals or entities indicated in the Supplementary l..onditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. In addition, OWNER waives all rights against DESIGN/BUILDER, Subcontractors, Engineers and Suppliers and the officers, directors, employees and agents of any of them for business interruption, loss of use of OWNER's property and any other consequential damages caused by, arising out of or resulting from any of such insured perils or causes of loss or any other peril or cause of loss whether or not insured. 11 5.06 Receipt and Application of Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.04 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.06.B. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance i-f such duties. 5.v. Acceptance of Bonds a,,d Insurance; Option to Replace A. If either party has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.B. OWNER and DESIGN/BUILDER shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was supposed to providk such coverage, and a Change Order or Written Amendment shall be issued to adjust the Contract Price accordingly. 5.08 Partial Utilization --Property Insurance A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Construction, such use or occupancy may be accomplished in accordance with paragraph 13.06; 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 insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. 5.09 Licensed Sureties and Insurers; Certificates of Insurance A. All Bonds and insurance required by the Contract Documents to be purchased an.i maintained by OWNER or DESIGN/BUILDER shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. B. DESIGN/BUILDER shall deliver to OWNER, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which DESIGN/BUILDER is required to purchase and maintain in accordance with paragraph 5.02.A. 12 OWNER shall deliver to DESIGN/BUILDER, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by DESIGN/BUILDER or any other additional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.04.A and 5.04.B. ARTICLE 6--DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care: DESIGN/BUILDER shall perform or furnish Design Professional Services and related services in all phases of the project. The standard of care for all such services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the engineering profession practicing under similar conditions at the same time and locality. B. Preliminary Design Phase: After the Contract Times commence to run, DESIGN/BUILDER shall: 1. Consult with OWNER to understand OWNER's requirements for the Project and review available data. 2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others additional reports, data or services of the types provided in paragraph 8.01.A.6.a-f and assist OWNER in obtaining such reports, data, or services. 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by DESIGN/BUILDER with whom consultation is to be undertaken in connection with the Project. 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work. 5. On the basis of the Conceptual Documents and DESIGN/BUILDER's Proposal, prepare preliminary desigi documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 6. Furnish the preliminary design documents to and review them with OWNER within the time indicated in the schedules described in paragraph 2.06.A. C. Final Design Phase: After written acceptance by OWNER of the preliminary design phase documents DESIGN/BUILDER shall: 1. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by DESIGN/BUILDER and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute). 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist OWNER in consultations with appropriate authorities. 3. Furnish the above documents, Drawings and Specifications to and review them with OWNER within the time indicated in the schedules described in paragraphs 2.04.A and 2.06.A. D. Operational Phase: During the Operational Phase, DESIGN/BUILDER shall: 1. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist OWNER in training staff to operate and maintain the Project. 13 3. Assist OWNER in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. 6.02 Supervision and Superintendence of Construction A. DESIGN/BUILDER shall supervise, inspect and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. DESIGN/BUILDER shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of Construction.. DESIGN/BUILDER shall be responsible to see that the completed Construction complies accurately with the Contract Documents and shall keep OWNER advised as to the quality and progress of the Construction. B. DESIGN/BUILDER shall keep on the Site at all times during construction a competent resident superintendent, who shall not be replaced without written notice to OWNER except under extraordinary circumstances. The superintendent will be DESIGN/BUILDER's representative at the Site and shall have authority to act on behalf of DESIGN/BUILDER. All communications to the superintendent shall be as binding as if given to DESIGN/BUILDER. 6.03 Labor, Materials and Equipment A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to survey and lay out the Construction and perform Construction as required by the Contract Documents. DESIGN/BUILDER 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 Construction at the Site shall be performed during regular working hours, and DESIGN/BUILDER will not permit overtime work or the performance of Construction on Saturday, Sunday or any legal holiday without OWNER's written consent, which will not be unreasonably withheld. B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. DESIGN/BUILDER, in the presence of OWNER's personnel, will direct the checkout of utilities and operations of systems and equipment. C. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of OWNER. If required by OWNER, DESIGN/BUILDER 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. 6.04 Progress Schedule A. DESIGNBUILDER shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time. 1. DESIGN/BUILDER shall submit to OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11. Such adjustments may only be made by a Change Order or Written Amendment. 1.1 6.05 Concerning Subcontractors, Suppliers and Others A. DESIGN/BUILDER shall not employ any Subcontractor, Engineer, Supplier or other individual or entity against whom OWNER may have reasonable objection. DESIGN/BUILDER shall not be required to employ any Subcontractor, Engineer, Supplier or other individual or entity to furnish or perform any of the Work against whom DESIGN/BUILDER has reasonable objection. B. DESIGN/BUILDER shall be fully responsible to OWNER for all acts and omissions of the Subcontractors, Engineers, Suppliers and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with DESIGN/BUILDER. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Engineer, Supplier or other individual or entity any contractual relationship between OWNER and any such Subcontractor, Engineer, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER to pay or to see to the payment of any moneys due any such Subcontractor, Engineer, Supplier or other individual or entity except as may otherwise be required by Laws and Regulations. C. DESIGN/BUILDER shall be solely responsible for scheduling and coordinating Subcontractors, Engineers, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with DESIGN/BUILDER. DESIGN/BUILDER shall require all Subcontractors, Engineers, Suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the OWNER through DESIGN/BUILDER. D. All services performed or provided to and material and equipment supplied to DESIGN/BUILDER by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between DESIGN/BUILDER and the Subcontractor, Engineer or Supplier which specifically binds the Subcontractor, Engineer or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. Whenever any such agreement is with a Subcontractor, Engineer or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.04.A or 5.04.B, the agreement between the DESIGN/BUILDER and the Subcontractor, Engineer or Supplier will contain provisions whereby the Subcontractor, Engineer or Supplier waives all rights against OWNER, DESIGN/BUILDER, OWNER's Consultants and all other additional insureds for all losses and damages caused by any of the perils or causes of loss 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, Engineer or Supplier, DESIGN/BUILDER will obtain the same. 6.06 Patent Fees and Royalties A. DESIGN/BUILDER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of OWNER 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 Conceptual Documents. To the fullest extent permitted by Laws and Regulations, DESIGNBUILDER shall indemnify and hold harmless OWNER, from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) 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 incorporation in the Work of any invention, design, process, product or device not specified in the Conceptual Documents. 15 I 6.07 Permits A. Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall directly or through one or more Subcontractors obtain and pay for all necessary permits and licenses. OWNER shall assist DESIGN/BUILDER, when necessary, in obtaining such permits and licenses. DESIGNBUILDER shall pay all governmental charges and inspection fees necessary for the prosecution of the Construction, which are applicable on the last day for receipt of Proposals. DESIGN/BUILDER shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto. 6.08 Laws and Regulations A. DESIGN/BUILDER shall give all notices and comply with all Laws and Regulations of the place of the Project which are applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, OWNER shall not be responsible for monitoring DESIGN/BUILDER's compliance with any Laws or Regulations. B. If DESIGN/BUILDER performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, DESIGN/BUILDER shall bear all costs arising therefrom. C. Changes in Laws and Regulations not known or foreseeable on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a claim under Article 9. 6.09 Taxes A. DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGN/BUILDER in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.10 Use of Site and Other Areas A. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGN/BUILDER shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGN/BUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, OWNER's Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnified hereunder to the extent caused by or based upon DESIGNBUILDER's performance of the Construction. B. During the performance of the Construction, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGNBUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. I 16 C. DESIGN/BUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11 Record Documents A. DESIGN/BUILDER shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,Addenda, Written Amendments, Change Orders, Field Orders and Work Change Directives, in good order and annotated to show all changes made during construction. These record documents together with all approved Submittals will be available to OWNER for reference. Upon completion of the Work, these record documents and Submittals, including a reproducible set of record drawings, will be delivered to OWNER. 6.12 Safety and Protection A. DESIGNBUILDER shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Construction. DESIGN/BUILDER shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Construction; 2. all Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. DESIGN/BUILDER shall comply with applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. DESIGN/BUILDER shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by DESIGN/BUILDER, any Subcontractor, Supplier or any other individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by DESIGN/BUILDER. DESIGN/BUILDER's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and OWNER has issued a notice to DESIGN/BUILDER in accordance with paragraph 13.09 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.13 Safety Representative A. DESIGN/BUILDER shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.14 Hazard Communication Programs A. DESIGN/BUILDER 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 accordance with Laws or Regulations. 6.15 Emergencies A. In emergencies affecting the safety or protection of persons or the construction or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or authorization from OWNER, is obligated to act to prevent threatened damage, injury or loss. DESIGN/BUILDER shall give OWNER prompt written notice if DESIGN/BUILDER believes 17 that any significant changes in the Construction or variations from the Contract Documents have been caused thereby. If a change in the Contract Documents is required because of the action taken by DESIGN/BUILDER in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.16 Submittals A. OWNER will review and approve Submittals in accordance with the schedule of required Submittals accepted by OWNER as required by paragraph 2.06.A. OWNER's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, 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. OWNER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly 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. DESIGN/BUILDER shall make corrections required by OWNER, and shall return the required number of corrected copies of the required Submittal for review and approval. DESIGN/BUILDER shall direct specific attention in writing to revisions other than the corrections called for by OWNER on previous Submittals. B. OWNER's review and approval of required Submittals shall not relieve DESIGN/BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGN/BUILDER has in writing called OWNER's attention to each such variation at the time of submission and OWNER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. C. Where a Submittal is required by the Contract Documents or the final schedule of Submittals accepted by OWNER as required by paragraph 2.06.A, any related Construction provided prior to OWNER's review and approval of the pertinent Submittal will be at the sole expense and responsibility of DESIGN/BUILDER. 6.17 Continuing the Work A. DESIGN/BUILDER shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and OWNER may otherwise agree in writing. 6.18 DESIGNIBUILDER's General Warranty and Guarantee A. DESIGN/BUILDER warrants and guaranteesto OWNER that all Construction will be in accordance with the Contract Documents and will not be defective. DESIGN/BUILDER's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse, modification or improper maintenance or operation by persons other than DESIGN/BUILDER, Subcontractors or Suppliers; or 2. Normarwe B. DESIGNBUILDER'sobligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of DESIGNBUILDER's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by OWNER; 2. The making of any progress or final pay- ment; 18 3. The issuance of a certificate of Substantial Completion; 4. Use or occupancy of the Work or any part thereof by OWNER; 5. Any acceptance by OWNER or any failure to do so; 6. Any review and approval of a Submittal; 7. Any inspection, test or approval by others; or S. Any correction of defective Construction by OWNER. 6.19 Indemnification A. DESIGN/BUILDER shall indemnify and hold harmless OWNER, OWNER's officers, directors, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Construction, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use re —''',g therefrom, but only to the extent such claim, cost or damage is caused by any negligent act or omission of DESIGN/BUILDER, any Subcontractor, Engineer, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against OWNER or any of their respective consultants, agents, officers, direc- tors or employees by any employee (or the survivor or personal representative of such employee) of DESIGN/BUILDER, any Subcontractor, any Engineer, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.19.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for DESIGN - /BUILDER or any such Subcontractor, Engineer, Supplier or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of DESIGN/BUILDER under paragraph 6.19 shall not extend to the liability of OWNER's Consultants, officers, directors, employees or agents arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. ARTICLE 7 --OTHER CONSTRUCTION 7.01 Related Construction at Site A. OWNER may perform other Work related to the Project at the Site by OWNER's own forces, or let other direct contracts therefor or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Conceptual Documents then (i) written notice thereof will be given to DESIGNBUILDER prior to starting any such other work and (ii) DESIGN/BUILDER may make a claim therefor as r--)vided in Article 9 if DESIGN/BUILDER believes that such performance will involve additional e ,t...nse to DESIGN/BUILDER or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. DESIGN/BUILDER 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 additional work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Construction with theirs. Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall do all cutting, fitting and patching of the Work that ma} be required to make its several parts come together properly and integrate with 19 such other work. DESIGN/BUILDER shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of OWNER and the others whose work will be affected. The duties and responsibilities of DESIGN/BUILDER 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 DE- SIGN/BUILDER in said direct contracts between OWNER and such utility owners and other contrac- tors. C. If the proper execution or results of any part of DESIGN/BUILDER's Work depends upon work performed or services provided by others under this Article 7, DESIGN/BUILDER shall inspect such other work and appropriate instiuments of service and promptly report to OWNER in writing any delays, defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of DESIGN/BUILDER's Work. DESIGN/BUILDER's failure so to report will constitute an acceptance of such other work as fit and proper for integration with DESIGN/BUILDER's Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. 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: 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8. -OWNER'S RESPONSIBILITIES 8.01 General A. OWNER shall do the following in a timely manner so as not to delay the services of DESIGN/BUILDER. 1. Designate in writing a person to act as OWNER's Representative with respect to the services to be rendered under this Agreement. 2. Provide such legal services as OWNER may require with regard to legal issues pertaining to the Project including any that may be raised by DESIGN/BUILDER. 3. If requested in writing by DESIGNBUILDER, furnish reasonable evidence satisfactory to DESIGN/BUILDER, that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evi- dence is furnished, DESIGN/BUILDER is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Owner. 4. Make payments to DESIGNBUILDER promptly when they are due as provided in para- graph 13.04 and 13.09. 5. Furnish lands and easements as set forth in paragraph 4.01.A. 6. Furnish to DESIGN/BUILDER, as re- quired for performance of DESIGN/BUILDER's Services the following, all of which DESIGN/BUILDER may use and rely upon in performing services under this Agreement: 20 a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic and utility surveys; c. Property descriptions; d. Zoning, deed and other land use re- strictions; e. Engineering surveys to establish refer- ence points for design and construction which in OWNER's judgment are necessary to enable DESIGN/BUILDER to proceed with the Work; f. Assistance in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project; g. Subsurface data used in preparation of the Conceptual Documents. 7. Review submittals subject to OWNER review pursuant to paragraph 6.16.A. 8. Provide information known to or in the possession of OWNER relating to the presence of materials and substances at the site which could create a Hazardous Condition. B. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.03.A through 5.04.E. 8.02 Scope of OWNER's Safety and Hazardous Waste Responsibilities A. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, DESIGN/BUILDER's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of DESIGN/BUILDER to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for DESIGNBBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. B. OWNER'S responsibility in respect of undis- closed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the Site is set forth in paragraph 4.04. 8.03 Resident Project Representation A. OWNER may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. ARTICLE 9 --CHANGES IN THE WORK; CLAIMS 9.01 General --Rights and Obligations A. Without invalidatingthe Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work within the general scope of the contract by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, DESIGN/BUILDER shall promptly proceed with the Work involved which will be performed under the applicable provisions of the Contract Documents (except as otherwise specifically provided). 9.02 Notice of Intent to Make Claim A. If OWNER and DESIGN/BUILDER are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of OWNER pursuant to paragraph 9.O1.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a claim may be made therefor. Written notice of intent to make such a claim shall be submitted to the other party promptly and in no event more than 30 days after the start of the occurrence or event giving rise to the claim. 21 9.03 Claim Documentation A. Substantiating documentation shall be submitted by the claiming party within 30 days after delivery of the notice required by paragraph 9.02.A. 9.04 Decision A. The other party shall render a decision on the claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.A. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent. 9.05 Time Limit Extension A. The time limits of paragraphs 9.03.A and 9.04.A may be extended by mutual agreement. 9.06 Exceptions A. DESIGN/BUILDER shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.03, except in the case of an emergency as provided in paragraph 6.15 or in the case of uncovering Construction as provided in paragraph 12.04. 9.07 Execution of Change Orders A. OWNER and DESIGN/BUILDER shall execute appropriate Change Orders or Written Amendments covering: 1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction under paragraph 12.0S or correcting defective Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. changes in the Contract Price or Contract Times which are agreed to by the parties. 9.08 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be DESIGNBUILDER's responsibili- ty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10 --CHANGE OF CONTRACT PRICE 10.01 General A. The Contract Price constitutes the total com- pensation (subject to authorized adjustments) payable to DESIGN/BUILDER for performing the Work. B. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly in accordance with paragraph 9.02.A. C. The value of any Work covered by a Change Order or of any claim for an adjustment in the Con- tract Price will be determined as follows: 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; 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 necessari- ly in accordance with paragraph 10.02) or by mutually agreed unit prices; 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 10.O1.C.2, on the basis of the Cost of the Work (determined as provided in paragraph 10.02) plus a DESIGN/BUILDER's Fee for overhead and profit (determined as provided in paragraph 10.02.C). 10.02 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by DESIGN/BUILDER in the proper perfor- mance 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 10.02.B: 1. Payroll costs for employees in the direct employ of DESIGN/BUILDER in the performance of the Work under schedules of job classifications agreed upon by OWNER and DESIGN/BUILDER. a. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Site shall be apportioned on the basis of their time spent on the Site. Payroll costs shall include, but not be limited to, sala- ries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' 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. b. Such employees shall also include engineers and engineering technicians provid- ing Design Professional Services. For purposes of this paragraph 10.02.A.1, DESIGN/BUILDER shall be entitled to pay- ment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 2. Cost of all materials and equipment fur- nished 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 DESIGN/BUILDER unless OWNER deposits funds with DESIGN/BUILDER with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and DESIGN/BUILDER shall make provisions so that they may be obtained. 3. Payments made by DESIGNBUILDER to Subcontractors for Work performed or furnished by Subcontractors. 4. Payments made by DESIGN/BUILDER to Engineers for Design Professional Services provid- ed or furnished by Engineers under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of DE- SIGN/BUILDER's emplo}ees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office and tempo- rary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not con- sumed which remain the property of DESIGN/BUILDER. 23 c. Rentals of all Work equipment and machinery and the parts thereof whether rented from DESIGN/BUILDER or others in accordance with rental agreements approved by OWNER, and the costs of transportation, loading, unloading, 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 neces- sary for the Work. d. Sales, consumer, use or similar taxes related to the Work, and for which DESIGNBUILDER is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of DESIGN/BUILDER, 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. f. Losses, damages and related expenses caused by damage to the Work not compensat- ed by insurance or otherwise, sustained by DESIGN/BUILDER in connection with the furnishing and performance of the Work pro- vided they have resulted from causes other than the negligence of DESIGN/BUILDER, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining DESIGN/BUILDER's fee. If, however, any such loss or damage requires rework and DESIGN/BUILDER is placed in charge thereof, DESIGN/BUILDER shall be paid for services a fee proportionate to that stated in paragraph 10.02.C. g. The cost of utilities, fuel and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage and similar petty cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance DESIGN/BUILDER is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following: 1. Payroll costs and other compensation of DESIGN/BUILDER's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by DESIGN/BUILDER whether at the Site or in DESIGN/BUILDER's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.02.A.1 -- all of which are to be considered administrative costs covered by the DESIGN/BUILDER's fee. 2. Expenses of DESIGN/BUILDER's princi- pal and branch offices other than DESIGN/BUILDER's office at the Site. 3. Any part of DESIGN/BUILDER's capital expenses, including interest on DESIGN/BUILDER's capital employed for the Work and charges against DESIGN/BUILDER for delinquent payments. 4. Costs due to the negligence of DESIGN/BUILDER, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly sup- plied and making good any damage to property. 24 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.02. C. Fee: The DESIGN/BUILDER's fee allowed to DESIGN/BUILDER for overhead and profit on Change Orders priced by paragraph 10.01.C.3 shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.02.A.1, A.2, A.5 and A.6 the DESIGNBUILDER's fee shall be 15 percent; b. For costs incurred under paragraph 10.02.A.3 and 10.02.A.4, the DESIGN/BUILDER's fee shall be five percent; c. Where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 10.02.A.1, 10.02.A.2 and 10.02.A.3 is that the Subcontractor who actually performs or furnishes Work, at whatever tier, wilt be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.02.A.1 and 10.02.A.2 and that any higher tier Subcontractor and DESIGN/BUILDER will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by DESIGN/BUILDER to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in DESIGN/BUILDER's fee by an amount equal to five percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in DESIGN/BUILDER's fee shall be computed on the basis of the net change in accordance with paragraphs 10.02.C.2.athrough 10.02.C.2.d, inclusive. D. Documentation: Whenever the cost of any Work is to be determined pursuant to paragraph 10.02.A and 10.02.B, DESIGN/BUILDER will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to OWNER an itemized cost breakdown together with supporting data. 10.03 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. 1. The allowances include the cost to DE- SIGN/BUILDER (less any applicable trade dis- counts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Docu- ments, DESIGN/BUILDER's costs for unloading and handling on the Site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due DESIGN/BUILDER on account of Work covered by allowances, and the Contract Price shall be corre- spondingly adjusted. 10.04 Unit Prices A. 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 of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are 25 not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by DESIGN/BUILDER will be made by OWNER. B. Each unit price will be deemed to include an amount considered by DESIGN/BUILDER to be adequate to cover DESIGNBUILDER'soverhead and profit for each separately identified item. C. DESIGN/BUILDER or OWNER may make a claim for an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by DESIGN/BUILDER differs from the estimated quantity of such item indicated in the Contract Documents by more than the percentage indicated in the Supplementary Conditions; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. DESIGN/BUILDER believes that DESIGN/BUILDER is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes the OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 11 --CHANGE OF CONTRACT TIMES 11.01 General A. 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 pursuant to paragraph 9.02. B. All Contract Times and Milestones are of the essence of the Agreement. 11.02 Time Extensions A. Where DESIGN/BUILDER is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of DESIGN/BUILDER, 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 Article 9. Delays beyond the control of DESIGN/BUILDER shall include, but not be limited to, acts or neglect by OWNER, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions 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 DESIGN/BUILDER. B. Nothing in this paragraph 11.02 bars a change in Contract Price pursuant to Article 10 to compensate for the direct costs incurred by DESIGN/BUILDER due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or OWNER's Consultants. However, OWNER shall not be liable to DESIGN/BUILDER for costs or damages arising out of or resulting from (i) delays caused by or within the control of DESIGN/BUILDER, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by governmental age^ - - utility owners, or other contractors performing other work as contemplated by Article 7. ARTICLE 12 --TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 12.01 Notice of Defects A. Prompt written notice of all defective Construction of which OWNER has actual knowledge will be given to DESIGNBUILDER by OWNER. All defective Construction may be rejected, corrected or accepted as provided in this Article 12. 26 12.02 Access to Construction A. OWNER, OWNER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Construction at the Site at reasonable times for their observation, inspecting and testing. DESIGN/BUILDER shall provide them proper and safe conditions for such access and advise them of DESIGN/BUILDER's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Construction specifically to be inspected, tested or approved, DESIGNBUILDER shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish OWNER the required certificates of inspection or approval. DESIGN/BUILDER shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's acceptance of materials or equipment to be incorporated in the Construction or of materials, mix designs, or equipment submitted for approval prior to DESIGN/BUILDER's purchase thereof for incorporation in in, Construction. B. DESIGN/BUILDER shall give OWNER reasonable notice of the planned schedule for all required inspections, tests or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested or approved is covered by DESIGN/BUILDER without written concurrence of OWNER, it must, if requested by OWNER, be uncovered for observation at DESIGN/BUILDER's expense unless DESIGN/BUILDER has given OWNER timely notice of DESIGN/BUILDER's intention to cover the same and OWNER has not acted with reasonable promptness in response to such notice. 12.04 Uncovering Construction A. If any Construction is covered contrary to the written request of OWNER, it must, if requested by OWNER, be uncovered for OWNER's observation and recovered at DESIGNBUILDER's expense. B. If OWNER considers it necessary or advisable that covered Construction be observed by OWNER or inspected or tested by others, DESIGN/BUILDER, at OWNER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as OWNER may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DESIGN/BUILDER shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection an testing and of satisfactory replacement or rework, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, DESIGN/BUILDER shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and rework; and, if the parties are unable to agree as to the amount or extent thereof, DESIGN/BUILDER may make a claim therefor as provided in Article 9. 12.05 Owner May Stop the Construction A. If the Construction is defective, or DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Construction in such a way that the completed Construction will conform to the Contract Documents, OWNER may order DESIGN/BUILDER to stop Construction or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop 27 Construction will not give rise to any duty on the part of OWNER to exercise this right for the benefit of DESIGN/BUILDER or any other party. 12.06 Correction or Removal of Defective Construction A. OWNER will have authority to disapprove or reject defective Construction and will have authority to require special inspection or testing of the Construction whether or not the Construction is fabricated, installed or completed. If required by OWNER, DESIGNBUILDER shall promptly, as directed, either correct all defective Construction, whether or not fabricated, installed or completed, or, if the Construction has been rejected by OWNER, remove it from the Site and replace it with nondefective Construction. DESIGN/BUILDER shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 12.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, ..ny Construction is found to be defective, DESIGN/BUILDER shall promptly, without OWNER and in accordance with OWNER's written instructions, (i) correct such defective Construction, or, if it has been rejected by OWNER, remove it from the Site and replace it with Construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or the work of others resulting therefrom. If DESIGN/BUILDER 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 Construction corrected or the rejected Construction removed and replaced, and all costs and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by DESIGN/BUILDER. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Construction, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Construction (and damage to other Construction resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction A. If, instead of requiring correction or removal and replacement of defective Construction, OWNER prefers to accept it, OWNER may do so. DESIGN/BUILDER shall pay all costs attributable to OWNER's evaluation of and determination to accept such defective Construction (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Construction; 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 9. If the acceptance occurs after final payment, an appropriate amount will be paid by DESIGNBUILDER to OWNER. 12.09 OWNER May Correct Defective Construction A. If DESIGN/BUILDER fails within a reasonable time after written notice from OWNER to correct defective Construction or to remove and replace rejected Construction as required by OWNER in accordance with paragraphs 12.06.A or 12.07.A, or if DESIGN/BUILDER fails to perform the Construction 28 in accordance with the Contract Documents, or if DESIGN/BUILDER fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to DESIGN/BUILDER, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude DESIGN/BUILDER from all or part of the Site, take possession of all or part of the Construction, and suspend DESIGN/BUILDER's services related thereto, take possession of DESIGN/BUILDER's tools, appliances, construction equipment and machinery at the Site and incorporate in the Construction all materials and equipment stored at the Site or for which OWNER has paid DESIGN/BUILDER but which are stored elsewhere. DESIGN/BUILDER shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. All costs and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against DESIGN/BUILDER and a Change Order will be issued incorporating the necessary revisions in the Contract Documents 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 9. Such costs and damages will include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of DESIGN/BUILDER's defective Construction. DESIGN/BUILDER shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Construction attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 13 --PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to OWNER. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. At least twenty days before the date established for each progress payment (but not more often than once a month), DESIGN/BUILDER shall submit to OWNER for review an Application for Payment filled out and signed by DESIGN/BUILDER covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 13.03 DESIGNIBUILDER's Warranty of Title A. DESIGN/BUILDER warrants and guarantees that title to all construction materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. This pa+cig eph 138.3.A does Rot 29 13.04 Progress Payments A. Progress payments shall be made by the OWNER to the DESIGN/BUILDER according to the following procedure: 1. OWNER will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to DESIGNBUILDER indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by OWNER to DESIGN/BUILDER. 2. If the OWNER should fail to pay the DESIGN/BUILDER at the time the payment of any amount becomes due, then DESIGN/BUILDER may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by the OWNER, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of the OWNER. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by the OWNER shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. OWNER may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect OWNER from loss because: 1. The Work is defective, or completed Work has been damaged requiring correction or replacement; or 2. The Contract Price has been reduced by Written Amendment or Change Order; or 3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 12.09.A, or 4. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.A.1 through A.3 inclusive; or 5. Claims have been made against OWNER on account of DESIGN/BUILDER's performance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where DESIGN/BUILDER has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; or 7. There are other items entitling OWNER to a set off against the amount for which application is made. 13.05 Substantial Completion A. When DESIGN/BUILDER considers the Construction ready for its intended use DESIGN/BUILDER shall notify OWNER in writing that the Construction is substantially complete (except for items specifically listed by DESIGN/BUILDER as incomplete) and request that OWNER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER and DESIGN/BUILDER shall make an inspection of the Construction to determine the status of completion. If OWNER does not consider the Construction substantially complete, OWNER will notify DESIGN/BUILDER in writing giving the reasons therefor. If OWNER considers the Construction substantially complete, OWNER will prepare and deliver to DESIGN/BUILDER a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion OWNER will 30 I I I I i i I I 1 i I I I i I I I 1 deliver to DESIGNBUILDER a written determination as to division of responsibilities pending final payment between OWNER and DESIGN/BUILDER with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. B. OWNER will have the right to exclude DESIGN/BUILDER from the Site after the date of Substantial Completion, but OWNER will allow DESIGN/BUILDER reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) OWNER and DESIGN/BUILDER agree constitute a separately functioning and usable part of the Construction that can be used by OWNER for its intended purpose without significant interference with DESIGN/BUILDER's performance of the remainder of the Construction, may be accomplished prior to Substantial Completion of all the Construction subject to the following: 1. OWNER at any time may request DESIGNBUILDER in writing to permit OWNER to use any such part of the Construction which OWNER believes to be ready for its intended use and substantially complete. If DESIGN/BUILDER agrees that such part of the Construction is substantially complete, DESIGN/BUILDER will certify to OWNER that such part of the Construction is substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Construction DESIGN/BUILDER at any time may notify OWNER in writing that DESIGN/BUILDER considers any such part of the Construction ready for its intended use and substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Construction. Within a reasonable time after either such request, OWNER and DESIGN/BUILDER shall make an inspection of that part of the Construction to determine its status of completion. If OWNER does not consider that part of the Construction to be sLbstantiallycomplete, OWNER will notify DESIGN/BUILDER in writing giving the reasons therefor. If OWNER considers that part of the Construction to be substantially complete, the provisions of paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Construction and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.08 in respect of property insurance. 13.07 Final Inspection A. Upon written notice from DESIGN/BUILDER that the entire Construction or an agreed portion thereof is complete, OWNER will make a final inspection with DESIGN/BUILDER and will notify DESIGNBUILDER in writing of all particulars in which this inspection reveals that the Construction is incomplete or defective. DESIGN/BUILDER shall immediately take such measures as are necessary to complete such Construction or remedy such deficiencies. 13.08 Final Application for Payment A. After DESIGN/BUILDER has completed all such corrections to the satisfaction of OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.09.B, certificates of inspection, marked -up record documents (as provided in paragraph 6.11) and other documents, DESIGN/BUILDER may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.02.13.7, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in 1 31 connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, DESIGN/BUILDER may furnish receipts or releases in full and an affidavit of DESIGN/BUILDER that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, DESIGN/BUILDER may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 13.09 Final Payment and Acceptance A. If OWNER is satisfied that the Work has been completed and DESIGNBUILDER'sother obligations under the Contract Documents have been fulfilled, OWNER will, within ten days after receipt of the final Application for Payment, give written notice to DESIGNBUILDER that the Work is acceptable. Otherwise, OWNER will return the Application to DESIGN/BUILDER, indicating in writing the reasons for refusing to process final payment, in which case DESIGN/BUILDER shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER's notice of acceptability, the amount will become due and will be paid by OWNER to DESIGN/BUILDER. B. If, through no fault of DESIGN/BUILDER, final completion of the Work is significantly delayed, OWNER shall, upon receipt of DESIGN/BUILDER's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by DESIGN/BUILDER to OWNER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all claims by OWNER against DESIGN/BUILDER, except claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from DESIGNBUILDER'scontinuingobligationsunder the Contract Documents; and 2. A waiver of all claims by DESIGN/BUILDER against OWNER other than those previously made in writing and still unsettled. ARTICLE 14 --SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to DESIGN/BUILDER which will fix the date on which Work will be resumed. DESIGNBUILDER shall resume the Work on the date so fixed. DESIGN/BUILDER shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if DESIGN/BUILDER makes a claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events justifies termination for cause: 32 1. DESIGN/BUILDER persistently fails to perform the Work in accordance with the Contract Documents (including, 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 2.06.A as revised from time to time. 2. DESIGN/BUILDER disregards Laws or Regulations of any public body having jurisdiction. 3. DESIGN/BUILDER otherwise violates in any substantial way any provisions of the Contract Documents. B. OWNER may, after giving DESIGN/BUILDER (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of DESIGN/BUILDER, exclude DESIGN/BUILDER from the Site and take possession of the Work and of all DESIGN/BUILDER's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by DESIGN/BUILDER (without liability to DESIGN/BUILDER for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid DESIGN/BUILDER but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case DESIGN/BUILDER shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to DESIGN/BUILDER. If such costs, losses and damages exceed such unpaid balance, DESIGN/BUILDER shall pay the difference to OWNER. Such costs, losses and damages incurred by OWNER will be 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. C. WhereDESIGNBUILDER'sserviceshavebeen so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against DESIGN/I3UILDER then existing or which may thereafter accrue. Any retention or payment of moneys due DESIGN/BUILDER by OWNER will not release DESIGN/BUILDER from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to DESIGNBUILDER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, DESIGNBUILDER shall be paid (without duplication of any items) for: 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. Amounts paid in settlement of terminated contracts with Subcontractors, Engineers, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Engineers and Suppliers); and 4. Reasonable expensesdirectly attributable to termination. B. DESIGN/BUILDER shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 33 14.04 DESIGN/BUILDER May Stop Work or Terminate A. If, through no act or fault of DESIGN/BUILDER, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or OWNER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay DESIGN/BUILDER any sum finally determined to be due, then DESIGN/BUILDER may, upon seven days' written notice to OWNER, and provided OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, or OWNER has failed for thirty days to pay DESIGN/BUILDER any sum finally determined to be due, DESIGN/BUILDER may upon seven day's written notice to OWNER stop the Work until payment is made of all such amounts due DESIGN/BUILDER, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude DESIGN/BUILDER from making claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to DESIGN/BUILDER's stopping Work as permitted by this paragraph. ARTICLE 15 --DISPUTE RESOLUTION If nd to the extent that OWNER DESI WILDER have agreed on the m- od and procedure resolving disputes betwe them that may arise un. - this Agreeme r , such dispute resolution method a • .rocedur- any, shall be as set forth in Exhibit . - "Dispute Resolution Agreement", to be atta d e • ' ereto and made a part hereof. If no suc. agreemen •n the method and procedure for esolving such di - tes has been reached, • " NER and DESIGN/B DER may exercis- such rights or remedies as et • -r may ot. - ise have under the Contract Documents : by aws or Regulations in respect of any dispute. nd ARTICLE 16--NIISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given. 1. If delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; 2. If delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice; or 3. If transmitted by facsimile, the time at which a machine generated confirmation states the notice was received at the facsimile telephone number of the intended recipient last known by the sender. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from t - -iputation. B. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. 16.03 Notice of Claim A. Should OWNER or DESIGNBUILDER suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 16.03.A shall not be construed as a substitute for or a waiver of the 3.1 provisions of any applicable statute of limitations or repose. 16.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, any general or specific warranties, guarantees and indemnities imposed upon DESIGNBUILDER and all of the rights and remedies available to OWNER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which arc otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 16.05 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion - ` `'le Agreement. 35 SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS WEST MASHTA DRIVE BRIDGE DESIGN/BUILD CONTRACT PROJECT NO. 3011B These Supplementary Conditions control over conflicting provisions and serve to amend or supplement the Standard General Conditions of the Contract Between OWNER and DESIGN/BUILDER (No. 1910-40, 1995 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect unless in conflict with the Supplementary Conditions. 1. INSURANCE 1.1. Insurance General Requirements All insurance to be provided by Design/Builder (D/B) shall: 1.1.1 Be issued by an insurance company with a Best's A+ rating or better licensed to do business in Florida; 1.1.2 Be issued as a primary policy; 1.1.3 Name Design/Builder as an insured and Owner as an additional insured; and 1.1.4 Contain an endorsement requiring thirty (30) days' written notice from the insurance company to Owner and D/B prior to cancellation or any change in coverage, scope, or amount of any policy. Each insurance policy to be provided by D/B or a certificate of insurance evidencing same, together with proof of payment of the premium, shall be delivered to Owner with the signed agreement and evidence of renewal of each policy shall be provided to Owner not less than thirty (30) days prior to the expiration of the policy. 1.2 Public Liability and Property Damage Insurance The Designer/Builder shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by these Contract from claims for damage for personal injury, including accidental death, as well as from claim for SC -1 property damage, which may arise from operation under this Contract, whether such operation be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage. 1.3 Workman's Compensation Insurance The Design/Builder shall obtain and maintain during the life of this Contract, Workmen's Compensation Insurance as provide by the laws of the State of Florida and shall require all subcontractors to provide the same. The Contractor shall comply in all respects with all Federal, State, and Local safety and health regulation. Copies of the Federal regulations may be obtained from the U.S. Department of Labor Occupation Safety and Health Administration (OSHA) , Washington, D.C. 20210 or their regional offices. 1.4 Contingent Liability The above policies for Public Liability and Property Damage Insurance Workmen's Compensation Insurance must be so written as to include Contingent Liability and Contingent Property Damage Insurance to protect the D/B against claims arising from the operation of subcontractors. All insurance policies required herein shall contain a povision whereby the company executing the same shall obligate itself to notify the Owner in writing, at least thirty (30) days before any alteration, modification cancellation of such policies becomes effective. Special hazards such as, but not limited to, explosion, collapse and underground shall be covered by rider or riders to the Compreshensive General Liability Insurance Policy or Policies herein required to be furnished by the D/B to provide coverage for all the types and conditions of construction necessary to be performed under this Contract. SC -2 1.5 Additional Insured Village of Key Biscayne and its Officers, Agents and employees are to be expressly included as an "Additional Insured" with respect to any liablilty arising out of work operations or activities performed for the Village of Key Biscayne for this project. 1.6 Builder's Risk Insurance: Section 5.04 "Property Insurance" of the EJCDC Owner-Design/Builder General conditions (the "General Conditions") is hereby revised by amending that Section to require the Design/Builder to purchase and maintain, at its sole cost and expense, the Builder's Risk "all risk" property insurance as described in Section 5.04 (A) of the General Conditions, in lieu of Owner being required to purchase such Builder's Risk insurance. Section 5.04 is further revised by adding to the list of perils or causes of loss to be included within the coverage provided as listed in Section 5.04(A) (2), the following: tornado, winds and hurricane. The form of the Builder's Risk insurance shall be subject to approval by the Village Attorney. Except as revised herein, the provisions of Section 5.04, et seq., of the General Conditions shall remain in full force and effect. 1.7 Expiration of Insurance If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished 30 days prior to the date of their expiration. Notice of Cancellation and/or Restriction - the policy (ies) must be endorsed to provide the Village of Key Biscayne with 30 days notice of cancellation and or restriction. 2. UTILITIES 2.1. Notification/Responsibilities The Designer/Builder shall notify each utility company two weeks prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Moving any watermains or utilities solely for the convenience of the Designer/Builder shall be paid for by the Design/Builder. All charges by utility companies for temporary support or protection of its utilities SC -3 (if such service is provided by the utility) shall be paid for by the Design/Builder. In any event, D/B at its sole cost and expense, shall support and protect all utilities. No additional payment shall be made by the Village. All costs of permanent utility relocations to avoid conflict shall be the responsibility of the Design/Builder unless voluntarily paid by the Utility Company involved. No additonal payment will be made for any form of utility relocation, whether or not said relocation is necessitated by this project to avoid conflict therewith. 2.2 Verification All underground information is shown on the Plans to the extent of Owner's limited knowledge. It shall be the Design/Builder responsibility to determine utility locations and to verify the location. He shall fully understand that certain structures may not be located precisely as shown, or may be omitted entirely. The D/B shall not receive additional compensation for cost incurred as a result of the inaccurate or incomplete utility information. The position of certain structures and utilities directly affects the proposed construction. Therefore, in order to ensure that the proposed work can actually be positioned as planned, the D/B shall make any excavation necessary for the location of structures and utilities prior to construction of that particular portion of the project. All overhead, surface, or underground structures and utilities encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement. All damage to such structures is to be complely repaired by the Design/Builder within a reasonable time; needless delay will not be tolerated or excused. The Owner reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Designer/Builder. All such repairs made by the Designer/Builder are to be made to the satisfaction of the Utility Owner; all damaged utilities must be replaced or prevented from leaking. All repairs are to be inspected by the Utility Owner prior to backfilling by the Design/Builder. 2.3 Maintenance of Existing Utility Services 2.3.1 General; The Design/Builder shall fully cooperate at all times with the Owner in order to maintain utility service with the least amount of interference and interruption possible. Public health and safety considerations shall exceed all others and the Designer/Builder's schedule, plan, and work shall at all times be subject to alteration and revision if necessary. No public nuisance shall be permitted. SC -4 2.3.2 It may become necessary for the Design/Builder to interrupt water and sewer service to the existing buildings. In all cases the Design/Builder shall prepare and submit to the Owner, 48 hours prior to commencing the work, a complete description of his proposed procedure and a time schedule which he will guarantee. Twenty-four (24) hours prior to the time proposed for starting the work the D/B will be notified whether or not the work will be permitted as proposed. 2.3.3 In no case will the Design/Builder be permitted to interfere with any existing utility service until all materials, supplies, equipment, tools and incidentals necessary to complete the work are on the job site. 2.3.4 The Owner reserves the right to require the Design/Builder to work twenty-four (24) hours per day (with no additional compensation) in all cases where the interference with existing water and sewer service may result in health hazards, offensive conditions, or serious inconveniences to persons served by the system. 2.3.5 Miami -Dade Water and Sewer Department (MDWASD) will be responsible for maintaining the existing watermains including service connections. Any adjustment to any watermains or repair of broken watermains will be handled by MDWASD. The cost will be assessed to the Design/Builder. Any relocation or replacement of watermains initiated by MDWASD and not caused by the Design/Builder construction will be reimbursed to the Design/Builder through the allowance account. Any adjustment or repair to the water service connections shall be paid for by the Design/Builder and not reimbursed by the Owner. The Design/Builder shall replace sanitary sewer laterals in -kind or with approved MDWASD materials and construction methods at his own expense. No reimbursement for sanitary sewer laterals will be paid for by Owner. 3. NOISE ABATEMENT 3.1 Noise Abatement Noise abatement shall follow the guidelines as set forth in Village of Key Ordinance No. 93-16 - Establishing Prohibitions Against Excessive Noise, attached in Appendix as amended. 4. STORAGE SITES The Design/Builder shall be responsible for furnishing suitable areas for field offices, material storage and equipment service and storage. The location(s) shall be approved by the Owner. The Design/Builder shall be aware of the Owner's restrictions on the use of trailers and shall furnish field offices accordingly. The Design/Builder shall maintain SC -5 these areas in a clean, orderly condition so as not to cause a nuisance in the area. The Design/Builder shall restore the storage area to its original or better condition, with all its appurtenances, in kind, to the satisfaction of the Owner. 5. HURRICANE AND STORM WARNING The Design/Builder will be required to remove all materials form the job site or provide safe storage for the same, that may be blown about or become a hazard during a hurricane or windstorm. Design/Builder shall also take necessary precautions to remove bulkheads, dams, or other structures blocking drains in the event of flooding conditions. No extra pay will be allowed for this work. 6. AGREEMENTS WITH PROPERTY OWNERS The Design/Builder will not use or store any materials on public or private property without written permission of the property owner. All locations shall be approved by the owner in advance of any agreements. Also, the Owner shall require from the Design/Builder a copy of any and all agreements made by the Design/Builder with private property owners regarding storage of materials on their property. 7. DAMAGE TO PUBLIC OR PRIVATE PROPERTY If, during construction, the Design/Builder causes any damage or aggravates an existing condition on public or private property, he shall be held responsible for complete replacement and/or restoration of those items in question. If any of the items below are disturbed or any damage done to existing structures, pavement, meter posts, driveways, markers, street and traffic signs, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility poles, utility pipe lines, conduits, drains, traffic and street light standards and foundation, roof drains, benches, meter boxes, striping, catch basins, flagstones, rocked, graveled or stabilized areas or driveways and including all obstruction not specifically named herein, they shall be repaired in a manner satisfactory to the Owner, by the D/B. 8. DAMAGES FOR DELAY No claim for damages or any claim other than for an extension of time shall be made or asserted against the Village of Key Biscayne by reason of any delays. The Design/Builder shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind form the Village of Key Biscayne for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or SC -6 hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided however, that this provision shall not preclude recovery of damage by the Design/Builder for hindrances or delays due solely to the malicious and unlawful interference on the part of the Village of Key Biscayne or its agents. Otherwise, the Design/Builder shall be entitled only to extensions of the Contract time as the sole and exclusive remedy for such resulting delay. 9. PUBLIC ENTITY CRIMES STATUTE Each Bidder must carefully review the Public Entity Crimes Statute (Florida Statutes, Section 287.133(2)(a). "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not try nsact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 10. LICENSES AND PERMITS 10.1 Certificate of Competency It is the D/B responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the work to be performed and vali.: for the jurisdiction in which the work is to be performed for all persons working on the project for whom a Certificate of Competency is required. 10.2 Required Permits - Permits are required from the following agencies: (a) Village of Key Biscayne - Right of Way Permit and Building Permit (b) South Florida Water Management District - Standard General Environmental Resource Permit (ERP) - See Appendix for Permit (c) DERM Coastal Construction Permit See Appendix for DERM Completeness Summary (d) United States Coast Guard - See Appendix for Approval (e) Florida Department of Environmental Protection (DEP) - The Village has applied for approval for use of submerged lands (f) Miami Dade Water and Sewer Department (MDWASD) SC -7 The Design Build Firm shall apply for pay for and procure all permits, certificates, inspections and licenses, pay all charges, taxes, royalties and fees and give all notice necessary and incidental to the due and lawful prosecution of the work. The Design Builder shall provide all engineering, scientific and other actions necessary to obtain and comply with such permits and procedures. The Design/Builder will be responsible to verify that additional permits and licenses are not required. If any are required the D/B shall obtain and secure permit and licenses at its expense. 11. GUARANTEES AND WARRANTIES 11.1 The guaranty period for the entire Work covered by the Performance and Payment Bonds shall not begin until Substantial Completion of all work under the Contract and will be for a period of one year unless otherwise stipulated in the Contract Documents. 11.2 The D/B Firm hereby warrants and guarantees that all work shall be in accordance with the Contract Documents. The D/B Firm further agrees that it will correct all defects discovered within one year (or longer if a longer period is stipulated in the Contract Documents), of the date of Substantial Completion and that it will commence work on such repairs within ten (10) days after being notified by the Village of the need for this work. 11.3 If the D/B Firm fails to act within this time period, the Village reserves the right to have the work performed by others at the expense of the D/B Firm and the D/B Firm agrees to pay the Village the cost thereof upon demand. The Village shall also be entitled to reasonable attorney's fees, necessarily incurred upon the D/B Firm's refusal to pay the above costs. 11.4 The D/B Firm shall correct all latent defects discovered within fifteeen (15) years after Substantial Completion provided that the Village shall notify the D/B Firm, of each latent defect within the time specified by law. The D/B Firm shall be liable to the Village for all damages sustained by the Village resulting from latent defects, fraud or gross mistakes discovered after the stated guarantee and warranty periods have expired. The requirements of Article 11.3 will apply in the event the D/B Firm fails to perform the repair work in a timely manner. 11.5 All guarantees and warranties shall be delivered to the Village of Key Biscayne prior to Substantial Completion. 12. ALLOWANCE ACCOUNTS 12.1 Certain portions of work which may be required to be performed by the D/B Firm SC -8 under this Contract are either unforeseeable or have not yet been designed, and the value of such work, if any, is included in the Contract as a specific item entitled "General Allowance Account". A. The General Allowance Account shall be used to reimburse the D/B Firm; for furnishing all labor, mat,;rials, equipment and services necessary for modifications to the Work or for extra work required to complete the Project because of unforeseeable conditions; if any, for performing minor construction changes to resol ,e: Village oversight, revised regulations, technological and product development, operational changes, schedule requirements, program interface emergencies and delays, relocation of utilities not proposed to be relocated in the Design Criteria Package, emergencies and delays. The value of the General Allowance Account is to be included in the Total Contract Amount, but not chargeable against the Total Contract Amount unless and until the D/B Firm is directed to perform work contemplated in the General Allowance Account by a written Work Order(s) issued by the Village. In such event only those amounts established by Work Order(s) will be included in amounts paid under the Contract. 12.2 The Work Order for the required work will be issued by the Village of Key Biscayne upon receipt from the D/B Firm of a satisfactory proposal for performance of the work, and acceptance thereof by the Owner's Representative. If the nature of the work is such that a Unit Price or Lump Sum price is not economically practical, the Work Order may be issued to perform the work on a Cost Plus Basis. 12.3 Work Orders shall not be issued against the Allowance Account if such Work Orders cause the aggregate amount to exceed the authorized amount of the Allowance Account. Such excess amount may be authorized by appropriate Change Order. 12.4 At Final Acceptance, the Contract Price shall be decreased to reflect unexpended amounts under the Allowance Account. 13. TIMELY PAYMENT REQUIRED Timely Payment Required. Village shall make timely payment for services provided under this Agreement in accordance with Section 218.735, Florida Statutes. This provision shall supersede any conflicting provision of the Contract Documents. SC -9 14. INDEMNIFICATION Indemnification. To the extent that any provision of the Contract Documents requires the Design/Builder to indemnify the Village from liability for damages to persons or property caused in whole or in part by any act, omission or default of the Village arising from the Contract or the Village's performance, the parties acknowledge that Village has given a specific consideration to Design/Builder for such indemnification by payment of the sum of One Hundred Dollars ($100.00) payable upon processing of the first invoice for payment under this Contract. 15. TERMINATION OF CONTRACT Termination of Contract The design drawings, specifications or other documents may be used by the Village for completion of this project by others in the event of a breach by Design/Builder or termination of the Contract. 16. DISPUTE RESOLUTION Dispute Resolution All claims, disputes and other matters in question between Owner and Design/Builder arising out of, or relating to, this Contract or the breach thereof shall be subject to litigation solely in Dade County, Florida and the right to a trial by jury is hereby waived. SC -10 SUBSURFACE EXPLORATION REPORT PROPOSED BRIDGE MASHTA ISLAND KEY BISCAYNE, FLORIDA FILE NO: 94-3760 NOVEMBER 28, 1994 MOW Andaman & Associates, Inc. OFFICES Orlando, 8008 S Orange Avenue, Orlando, Florida 32809, Phone (407) 855-3860 Bartow. 1525 Centennial Drive, Bartow, Florida 33830, Phone (813) 533-0858 Cocoa, 1300 N Cocoa Blvd , Cocoa. Florida 32922, Phone (407) 632-2503 Fort Myers, 2508 Rockfill Road, Fort Myers Florida 33916, Phone (813) 337-1288 Miami, 2608 W. 84th Street, Hialeah Florida 33016. Phone (305) 825-2683 Port Charlotte, 740 Tamiami Trail, Unit 3, Port Charlotte, Florida 33954. Phone (813) 624-3393 Port St. Lucie, 1017 S E Holbrook Ct , Port St Lucie, Florida 34952, Phone (407) 337-1200 Sarasota, 2500 Bee Ridge Road, Sarasota, Florida 34239, Phone (813) 922-3526 Tallahassee, 3175 West Tharpe Street, Tallahassee, Florida 32303. Phone (904) 576-6131 Tampa, 1406 Tech Boulevard, Tampa, Florida 33619, Phone (813) 620-3389 West Palm Beach, 7511 Westgate Avenue, Suite 10, West Palm Beach, Florida 33409, Phone (407) 687-8200 MEMBERS. ASFE American Concrete Institute American Society for Testing and Materials American Consulting Engineers Council Florida Institute of Consulting Engineers American Council of Independent Laboratories NEW 1111 Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Mr. Mariano Fernandez, P.E. C.A.P. Engineering 7400 S.W. 50th Terr., Suite 201 Miami, FL 33155 SUBSURFACE EXPLORATION REPORT PROPOSED BRIDGE MAST-fTA ISLAND KEY BISCAYNE, FLORIDA November 28, 1994 File Number 94-3760 Ardaman & Associates, Inc. has completed the subsurface exploration and studies of the project site described in our proposal dated November 15, 1994. The work was requested and authorized by Mr. Mariano Fernandez, P.E. of C.A.P. Engineering. We explored the general subsurface conditions in order to evaluate their suitability for the proposed bridge and provide recommendations for foundation design and site preparation. Our work included Standard Penetration Test (SPT) borings and visual engineering classification of the sampled soils. This report describes our explorations and tests, reports their findings, and summarizes our conclusions and recommendations. Based on our explorations and studies, we conclude that the proposed structure should be founded on pile type foundation. We do not recommend supporting the proposed construction on conventional spread foundations, due to the layer of peat encountered underlying this site. The following sections of this report describe our explorations and explain our recommendations in greater detail. Our report has been prepared specifically for this project. It is intended for the exclusive use of C.A.P. Engineering, their representatives and assigns. Our work has used methods and procedures consistent with local foundation engineering practices. No other warranty, expressed or implied, is made. We do not guarantee project performance in any respect, only that our work meets normal standards of professional care. 260,3 W,s, 8$tn St•ent t1 alean Florida 33016 Phone (305) 825 2683 FAX (305) 825 2688 Ott _._; r• Cia•tor. coca., Fon Myers M,am Orlando Pon Cnariotte Porr, S' Lucre Sarasota Takena,see Tampa W Palm Reach November 28, 1994 File Number 94-3760 - 2 SITE SURFACE CONDITIONS The project site is located at the crossing between Mashta Island and Key Biscayne, Key Biscayne, Florida. The site had previously been filled with granular material. PROJECT DESCRIPTION No site plan for the proposed development was made available to us. We understand that the project will consist of a bridge across the small canal that seperates the two islands. No data pertaining to the structural loadings were available to us. FIELD EXPLORATION To explore subsurface conditions at the site, 4 Standard Penetration Test (SPT) borings were performed at the locations shown on the Boring Location Plan in the Appendix. The SPT borings were completed to a depth of 30 feet below grade. The work was performed in accordance with the procedures recommended in ASTM D-1586. A description of our drilling and testing procedures are included in the Appendix. The boring locations were selected by our engineer were laid out by our engineer at the approximate locations shown in our Boring Location Plan. We estimate that the actual boring locations are within about 10 feet of the locations shown. If you need to know the boring locations more accurately, we recommend that you retain a surveyor. Our drillers examined the soil recovered from the SPT sampler and maintained a log for each boring. The soil samples were taken to our laboratory where they were visually classified by our engineer. The soil classifications and other pertinent data obtained from our explorations are reported on the boring logs in the Appendix. The soil samples recovered from our explorations will be kept in our laboratory for 30 days, then discarded unless you request otherwise. SUBSURFACE CONDITIONS The boring logs in the Appendix present a detailed description of the soils encountered at the locations at the depths explored. The soil stratification shown on the boring logs is based on NW V Ardaman & Associates Inc November 28, 1994 File Number 94-3760 - 3 examination of recovered soil samples and interpretation of the driller's field logs. It indicates only the approximate boundaries between soil types. The actual transitions between adjacent soil strata may be gradual and indistinct. As shown by the boring logs, the soils on the site at the locations and the depths explored consist generally of a surficiallayer of sand about 2 to 4.5 feet thick followed by a layer of peat and silt that extends to about 10 to 11 feet below grade. The peat is followed by a layer of sand that extends to about 19 to 22 feet below grade. The sand is followed by a layer of limestone that extends to the borings terminations depth. At borings B-2 and B-4 the limestone at the bottom of the borings is poorly cemented and appears like sand with rock fragments. GROUNDWATER CONDITIONS Our drillers observed groundwater in the boreholes at depths that ranged fron 1.7 to 2.7 feet below the ground surface, as noted on the boring logs. Fluctuations in the groundwater level on this site should be anticipated throughout the year due to seasonal variations in rainfall, drainage, and other factors. We expect that groundwater conditions are controlled by the tidal fluctuations in the bay. DISCUSSIONS AND RECOMMENDATIONS GENERAL Based on the ' ^gs of our site explorat;on, our evaluation of bubsurface conditions, and judgment based on our experience with similar projects, we conclude that the soils underlying this site are not satisfactory to support the proposed construction on conventional spread foundations. In our opinion, pile type foundations should be used to support the proposed building. Piles may either be precast concrete type or augered cast -in -place type. Our estimated pile capacities are presented below. Please notice that pile capacity in driven piles depends heavily in end bearing, 30 feet borings do not allow us to calculate capacity for piles longer than 25 feet. vask la, Ardaman & Associates, Inc November 28, 1994 File Number 94-3760 4 ESTIMATED ALLOWABLE PILE CAPACITY TABLE 1 DRIVEN PRECAST CONCRETE PILES Capacity in tons: Tension (T), Compression (C) DEPTH PILE DIMENSION (inch) 12 X 12 14 X 14 20 3 (T) 8(C) 3(T) 10 (C) 25 4 (T) 15 (C) 5 (T) 19 (C) TABLE 2 CAST -IN -PLACE CONCRETE PILES Capacity in tons: Tension (T), Compression (C) DEPTH PILE DIAMETER (inches) 12 14 25 8 (T) 10 (C) 30 20 (T) 26 (C) 10 (T) 12 (C) 24 (T) 30 (C) A minimum of 25 feet in depth of penetration is recommended for the auger cast piles. Our recommended minimum pile dimension is 12 inches. Pile dimensions smaller than 12 inches may undergo long column action and may ultimately fail in buckling. Pile length longer than our recommended length may be necessary to achieve our estimated capacity. This is due to the fact that soils encountered at boring locations may differ from the soils at pile locations. We recommend that several test piles be driven before establishing the pile length. If driven piles are used in the project, the nearby residences should be monitored to avoid damage from vibrations. In the auger cast piles alternative we recommend that the concrete grout used to form the piles attain a compressive strength of at least 4000 psi in 28 days or less. The auger may be retrieved wsv la Ardaman & Associates, Inc November 28, 1994 File Number 94-3760 5 slowly to the ground surface as the grout is being pumped. The amount of concrete grout used to form each pile should be larger than the theoretical pile volume. At least this calculated volume of pile is to be pumped per foot of pile as the auger is retrieved in one foot intervals. If grout pumping and/or auger retrieval operations are stopped at any time during the formation of a given pile, the borehole is to be reaugered and the pile formed anew. Piles shall not be installed within 4 pile diameters, or 5 feet center to center, of a pile constructed within the previous 24 hours. If the concrete level in any completed pile drops, the pile shall be rejected and replaced. If there is difficulty in placing the reinforcement steel in any pile, the pile shall be redrilled and replaced. All reinforcement steel should be fitted with a spacer at its lower tip to allow easier installation into the piles and assure its centering. Any modification to these procedures is to be approved by the Geotechnical Engineer based on observations during pile installation. Pile capacities greater than our recommended capacities may be established by performing pile load tests on test piles as specified in Section 2405 of the South Florida Building Code. We recommend that Ardaman & Associates, Inc. be retained to observe and monitor the placement of the piles. Each pile should be placed to the depth recommended. Pile installation should be performed in compliance with Section 2405 of the South Florida Building Code. Care must be exercised during pile placement to assure that existing structures in the proximity of the site are not harmed. Please note that our recommendations are based on the site being made accessible to the piling equipment. CLOSURE This report has been prepared in accordance with generally accepted local foundation engineering practice. The recommendations submitted herein are based on the data obtained from the soil borings presented in the Appendix and the assumed loading conditions previously described. This report may not account for all the possible variations that may exist between conditions observed in the borings and conditions at locations that were not explored. The nature and extent of any such variations may not become evident until construction is underway. If variations are then observed, we recommend that Ardaman & Associates, Inc. be requested to inspect the actual site conditions and, if necessary, re-evaluate the recommendations of this report. nayIs Ardaman & Associates Inc November 28, 1994 File Number 94-3760 6 In the event any changes occur in the design, nature or location of any project facilities, Ardaman & Associates, Inc. should be requested to review the conclusions and recommendations in this report. We also recommend that we be requested to review the final foundation drawings and earthwork specifications so that our recommendations may be properly interpreted and implemented in the contract documents. It has been a pleasure to assist you on this phase of your project. Please contact us whenever we may be of service to you, and please call if you have any questions concerning this report. ARDAMAN & ASSOCIATES, INC. ?.°,t4:, a- i /72 /V Evelio Horta, P . ., P.E. Branch Manager FL Reg. No. 46625 EH/1p MOW 1111 Ardaman & Associates, Inc APPENDIX STANDARD PENETRATION TEST BORING LOGS Our borings describe subsurface conditions only at the locations drilled and at the time drilled. They provide no information about subsurface conditions below the bottom of the boreholes. At locations not explored, surface conditions that differ from those observed in the borings may exist and should be anticipated. The information reported on our boring logs is based on our drillers' logs and on visual examination in our laboratory of disturbed soil samples recovered from the borings. The distinction shown on the logs between soil types is approximate only. The actual transition from one soil to another may be gradual and indistinct. The groundwater depth shown on our boring logs is the water level the driller observed in the borehole when it was drilled. These water levels may have been influenced by the drilling procedures, especially in borings made by rotary drilling with bentonitic drilling mud. An accurate determination of groundwater level requires long-term observation of suitable monitoring wells. Fluctuations in groundwater levels throughout the year should be anticipated. The absence of a groundwater level on certain logs indicates that no groundwater data is available. It does not mean that no groundwater will be encountered at that boring location. Ardaman & Associates. Inc - 111 STANDARD PENETRATION TEST BORINGS The Standard Penetration Test is a widely accepted method of testing foundation soils in place. The N -Value obtained from the test has been correlated empirically with various soil properties. These empirical correlations allow satisfactory estimates to be made of how the soil is likely to behave when subjected to foundation loads. Tests are usually performed in the boreholes at intervals of five feet. In addition, our Firm performs tests continuously in the interval directly below the expected foundation bearing grade where the soil will be most highly stressed. Boreholes where Standard Penetration Tests will be performed are drilled with a truck -mounted CME 45A drill rig. The boreholes are advanced by rotary drilling with a winged bit that makes a hole about three inches in diameter. A bentonitic drilling mud is recirculated in order to remove the cuttings and support the walls of the borehole. The drag bit is specially modified to direct the mud upward and reduce disturbance of the soil ahead of the bit. Occasionally, running or squeezing ground is encountered that cannot be stabilized by the drilling mud alone. In addition, drilling mud may be lost into the soil or rock strata that are unusually pervious. In such cases, flush -coupled steel casing with an outside diameter of about 3.5 inches is driven as a liner for the borehole. After the borehole has been advanced to the depth where a Standard Penetration Test will be performed, the soil sampler used to run the test is attached to the end of the drill rods and lowered to the bottom of the borehole. The testing procedure used conforms closely to the methods recommended in ASTM D-1586. The sampler used has a split -barrel 24 inches long and an outside diameter of 2.0 inches. It is driven into the ground below the bottom of the borehole using a hammer that weights 140 pounds and falls 30 inches. The driller records the number of hammer blows needed to advance the sampler in successive increments of six inches. The total number of blows required to advance the sampler the second and third six-inch increments constitutes the test result; that is, the N -value at the depth. The test is completed after the sampler has been driven not more than 24 inches or when refusal is encountered, whichever occurs first. Refusal occurs when 50 hammer blows advance the sampler six inches or less. After the test is completed, the sampler is removed from the borehole and opened. The driller examines and classifies the soil recovered by the sampler. He places representative soil specimens from each test in closed glass jars and takes them to our laboratory. In the laboratory, additional evaluations and tests are performed, if needed. The driller's classifications may be adjusted, if necessary, to conform more closely with the United Soil Classification System, ASTM D-2487. Jar samples are retained in our laboratory for sixty days, then discarded unless our clients request otherwise. After completion of a test boring, the water level in the borehole is recorded. Ardaman & Associates, Inc. - 111 Legend. Symbol: Description: SAND C [:-.1;1] Notes: SILT SPT Sample 5/6 No of blows/ Penet- ration in inches End of boring Symbol: MO IMMO Description' PEAT LIMESTONE Groundwater Table ENGINEERING CLASSIFICATIONS COHESIONLESS SOILS COHESIVE SOILS DESCRIPTION SPT "N" VALUE DESCRIPTION SPT "N" VALUE VERY LOOSE 0 TO 4 VERY SOFT 0 TO 2 LOOSE 5 TO 9 SOFT 3 TO 4 MED. DENSE 10 TO 29 MED STIFF 5 TO 8 DENSE 30 TO 49 STIFF 9 TO 15 VERY DENSE > 50 VERY STIFF 16 TO 30 HARD > 30 Project No 94-3760 Ardaman & Associates, Inc. i SOIL TEST BORING SYMBOLIC LOGS i i i i i i i I i I i i i i i i i BORING B-i Prolect:Mashta Island, Key Biscayne, Fl Boring No: B-1 Date: 11-23-94 Boring Location: See plan Casing: N/A Drill Method'SPT Depth of Watertable:2.7' File No.94-3760 Elev: N/A Oriller-J.J./J.L. Date Checkedl1-23-94 ELEV SOIL SYMBOLS S BLOW COUNTS / INCHES OF PENETRATION SOIL DESCRIPTION SAMPLE NO. SPT •N' VALUE DEPTH ~0 2/6 SAND tan medium to fine grained and roots. 1 5 - 3/6 3/6 5 2/6 2/6 4 - 2/6 -5 1/6 ~SILT gray, little sand fine grained. 2 1/6 0 /6 - 1/6 1/6 2 2 1/6 1/6 1/6 —10 — - SAND grey fine grained. traces of silt. - 2/6 3 5 3/6 —15 ~ 2/6 7 3/6 —20 `� LIMESTONE light gray, some sand, some shell fragments. r� - 11/6 4 22 17 t 11/6 —25 I 1 1 1 1 - I 1 1 1 �i J LIMESTONE tan and gray, some sand tan fine - I grained. 1 11/6 5 25 - , I , 112/6 13/6 --30 Water Checked I!\ 11-23-94 End of Boring 30' i Ardaman & Associates, Inc i SOIL TEST BORING SYMBOLIC LOGS i i i i f i i i i I I I I i 1 i i BORING 8-2 Pro)ect:Mashta Island, Key Biscayne. Fl File No.94-3760 Boring No: B-2 Date: 11-22-94 E l ev: N/A Boring Location: See plan Casing: N/A Grill Method: SPT Depth of Watertable: 2.3' Driller: J. J. /J. L. Date Checkedl1-22-94 ELEV SOIL SYMBOLS 8 BLOW COUNTS / INCHES OF PENETRATION SOIL DESCRIPTION SAMPLE NO. SPT 'N' VALUE DEPTH —0 SAND brown fine grained with roots. SANDY SILT gray PEAT. SAND grey medium grained LIMESTONE 1 ignt tan light tan fine grained, traces of limestone fragments 1 2 3 4 5 6 7 10 9 4 4 3 2 7 10 19 16 - - sib 5/6 6/6 - _5 3/6 2/6 2/6 - - —10 - 2/62/6 1/6 2/6 2/6 1/6 1/6 1/6 —15 - _ 3/6 4/6 2/6 J —20 1 ` I�B/s r 1 1 - t I 1 r I 1 r f I 1 i I 10/6 - 1 t 10/6 r jf — 25 1 I 1 - t 1 I I r r - - —30 1 -SAND 6/6 B/6 Water Checked 11-22-94 End of Boring 30'. Ardaman 6 Associates. Inc i SOIL TEST BORING SYMBOLIC LOGS i I i i i r i i I I i i BORING B-3 Pro)ect:Mashta Island. Key Biscayne. F1 • File No.94-3760 Boring No: B-3 Date: 11-22-94 Elev: N/A Boring Location. See plan Casing: N/A Drill Method:SPT Depth of Watertable:1.7' Driller:J.J /J.L. Date Checkedl1-22-94 ELEV SOIL SYMBOLS COUNTS / IINCHES OF PENETRATION SOIL DESCRIPTION SAMPLE NO. SPT 'N' VALUE DEPTH —° tan medium to fine grained and roots. SAND grey fine grained. few silt. LIMESTONE light tan LIMESTONE tan to gray 1 2 3 4 5 7 11 2 3 4 4 8 5 31 25 ` . 3/6 -SAND 3/6 4/6 12/6 66 5/6 v 3/6 —'PEAT 1/6 — 5 ^1 ---- 1/6 — 10 - ~` 2 22/6 /6 2/6 4/6 - —15 —20 4/6 /6 4/6 3/6 3/6 i ,- , 15/6 1 1 1 ( 16/6 —25 1 I 1 I 1_ I I 1 E I } � 1 1 I I 1 6/6 - 12/6 1 I 13/6 —30 Water Checked 11-22-94 End of Boring 30' V Ardaman 6 Associates. Inc i SOIL TEST BORING SYMBOLIC LOGS i i i i 1 i i i i i r BORING B-4 Project:Mashta Island, Key Biscayne, F1 File No.94-3760 Boring No: B-4 Date: 11-22-94 El ev: N/A Boring Location. See plan Casing: N/A Drill Method: SPT Depth of Watertable:2.0' Driller•J.J./J.L. Date Cneckedl1-22-94 ELEV SOIL SYMBOLS C BLOW COUNTS / INCHES OF PENETRATION SOIL DESCRIPTION SAMPLE NO. SPT 'N' VALUE DEPTH tan medium to fine grained and roots. SAND grey fine grained PEAT SANG grey medium to fine grained, little silt LIMESTONE tan, little sand SAND tan fine grained with silt and limestone fragments. 1 2 3 4 5 6 6 15 11 4 4 3 7 4 22 10 t-0 "- ^ 3/6 -SAND 3/6 7/6 6/6 J - 66 5/6 - -5 - - - 10 v 2/66 2/6 2/6 2/6 1 6 2/6 - ~ -15 -20 V 5n 6 3/6 im 2/6 � r 1 - 10/6 - 1 I [ 12/6 - 25 t 1 I J I - I t rlri — 30 Water Checke0 I 1-22-94 End of Boring 30' i Ardaman & Associates, Inc LEGEND ® SPT BORING LOCATION THIS SKETCH IS FOR ILLUSTRATION ONLY NOT TO SCALE mummi7 ARDAMAN & ASSOCIATES, INC Consults., (Noncers ti Soils. Hyd,ove.ogy Fwroeto, and Ha tor.elr Test", MASHTA ISLAND BRIDGE MASHTA ISLAND,KEY BISCAYNE FLORIDA,DADE COUNTY oe.v. o.. L H C CC.CD sr. 94-3760 Metcalf & Eddy 'A. An Air & Water Technologies Company January 24, 1997 Mr. Stanley Lewis C.A.P. Engineering Consultants, Inc. Sun Bank Building 100 Miracle Mile, Suite 300 Coral Gables, Florida 33134 Subject: West Mashta Drive Bridge Village of Key Biscayne Dear Mr. Lewis: Pursuant to your request by telephone on 1/20/97, attached please find two additional copies of responses to items 3, 6, and 7 of the South Florida Water Management District letter dated 4/9/96, regarding the Standard General Environmental Resource Permit application #960312-12. Specifically provided are (1) a biological survey (item #3), (2) a turbidity control and monitoring plan (item #6), and (3) a specific mitigation proposal (item #7). Please contact me at (305) 461-8207 with any questions or comments. Sincerely, METCALF & EDDY, INC. Ethan Heijn Project Manager Aran_r— �F� as DATE: July 23, 1996 RE: Response to Item 3 of SFWMD letter dated April 9, 1996 - Biological survey of the waters and benthic communities in the area of the existing West Mashta Drive causeway SFWMD Application Number 930312-12 The following is a summary of the observations made on July 17, 1996, while performing a biological evaluation of the marine waters and benthic communities flanking the referenced proposed project site. This was done to comply with the South Florida Water Management District (SFWMD) request for additional information to complete their processing of Application Number 960312-12, specifically, Item 3 of their letter dated April 9, 1996. 1.0 Purpose and Scope The purpose of this biological assessment was to identify bottom communities and to observe for marine fauna that may use the existing nearshore habitat that may be within the limits of the proposed bridge project. The existing site (Figure 1) is comprised of a short earthen causeway connecting Key Biscayne to Mashta Island and is situated at the western side of Key Biscayne (GPS coordinates: Latitude 25° 41.067' North and Longitude 80° 10.236' West; Section 5, Township 54 South, Range 42 East). 2.0 Field Observations The work was conducted from a boat in several phases and in two locations (See Figure 2). Vegetation on the causeway was characterized, a general underwater survey was conducted to observe for marine fauna that may be utilizing the shoreline habitats, and lastly, a series of transects running perpendicular to the causeway were swam to characterize the bottom habitat near to and away from the causeway. The Mashta Drive causeway runs generally in a north - south direction, separating two man-made waterbodies (See Figure 2), therefore the field observations for each canal system are discussed separately below. Preliminary information had suggested that Mashta Drive had been constructed with a culvert passing beneath the roadbed. However, no opening of any kind could be discerned during the conduct of this field visit, precluding the free tidal exchange of water between the eastern and western canal systems. 2.1 Mashta Drive: West side The western shore of the Mashta Drive causeway is comprised of limerock fill/rip-rap that was vegetated above the mean high water mark. Those plant species observed included: sea grape (Coccoloba uvifera), Australian pine (Casaurina equisetifolia), buttonwood (Conocarpus erectus), seaside mahoe (Thespesia populnea), ink -berry (Scaevola sp.), and sea purslane (Sesuvium portulacastrum). Underwater observations of the shoreline habitat were conducted to determine the use of the artificial and natural habitats by marine biota. Total numbers of species observed were low, and mainly comprised of single individuals. The following were identified and were found primarily in association with the limerock rip -rap: Florida lobster (Panulirus argus), queen angelfish (Holacanthus ciliaris), mojarra (Eucinostomus sp.), sergeant major (Abudefduf saxatilis), schoolmaster snapper (Lutjanus apodus), gray snapper (Lutjanus griseus), yellow stingray (Urolophus jamaicensis), barracuda (Sphvraena barracuda), coon oyster (Lopho frons), fan worm Response to Item 3: SFWMD dated letter April 9, 1996 Biological survey of the waters and benthic communities July 23, 1996 Page 2 of 3 (sabellid), isopod (Ligea exotica), fire coral (Millepora sp.), stony coral (Solenastrea sp.), green feather algae (Caulerpa sertularioides), green algae (Dasycladus vermicularis), mermaid's wine glass (Acetabularia calyculus), and turtle grass (Thalassia testudinum). Divers swam bottom transects in order to characterize the bottom type to the immediate west of the proposed project. Three transects running westerly and perpendicular to the Mashta Drive were established near the northern, mid -point, and southern portion of the existing causeway. Each transect was 100 feet long and observations were made at each 10 foot interval. As a result, a total of thirty-three observations were made at the intervals specified to characterize the bottom habitat west of the causeway. The data were transferred from underwater slates to the field -book at the completion of the work. These observations are summarized in Table 1. The bottom type observed confirmed that previously described on Dade County Department of Environmental Resource Management's (DERM) Bottom Communities of Biscayne Bay Map (DERM,1983), that is "Barren substrate (dredged)" meaning that it had already been artificially altered by man. Our observations revealed that the Mashta Drive rip -rap provided nominal habitat for the attachment of algal species and refuge for a limited number of fish. Elsewhere, the benthic habitat could be typified as barren, flocculent mud with accumulations of detritus. Only one small area containing Caulerpa mixed with turtle grass mix was observed along the southern transect; this was presumed to be attributable to a shoaling of the bottom at that location. 2.2 Mashta Drive: East side The eastern shore of the Mashta Drive causeway is also comprised of limerock tilUrip-rap. However, the seawalls from the southern and northern properties constrict the exposed rip -rap to a greater extent than was apparent on the western side. The water depth was observed to be much shallower than the west with a significant accumulation of loose sediment and wind-blown flotsam and jetsam (predominantly decaying seagrass). The plant species observed to be growing on the east side of the causeway included: sea grape, buttonwood, ink -berry, white mangrove (Languncularia racemosa) and Brazilian pepper (Schinus terebinthifolia). Underwater observations of the shoreline habitat were conducted to determine the use of the artificial and natural habitats by marine biota. Only one fish was observed, the yellow stingray. The loosely consolidated sediments were apparently anaerobic as evidenced by the strong odor of hydrogen sulfide. Also observed during this reconnaissance was a thermal and salinity stratification of the water column. Divers swam bottom transects in order to characterize the bottom type to the immediate east of the proposed project. Three transects running easterly and perpendicular to the Mashta Drive were established near the northern, mid -point, and southern portion of the existing causeway. Each Response to Item 3: SFWMD dated letter April 9, 1996 Biological survey of the waters and benthic communities July 23, 1996 Page 3 of 3 transect was shortened to 50 feet due to the poor bottom conditions and visibility. Observations were again made at each 10 foot interval. As a result, a total of eighteen observations were made at the intervals specified to characterize the bottom habitat east of the causeway. The data were transferred from underwater slates to the field -book at the completion of the work. These observations are also summarized in Table 1. As with the west side of Mashta Drive, the bottom type observed confirmed that previously described on DERM's Bottom Communities of Biscayne Bay Map (DERM, 1983), i.e., "Barren substrate dredged". The observations revealed that the marine environment on the east side of Mashta Drive is degraded relative to the west side. Throughout this water body, benthic algae was observed sporadically, and only attached to substrates that may have settled to the canal's bottom (e.g., small rocks, branches, inert debris). A small, diffuse patch consisting of strands of Cuban shoal grass (Halodule wrightii) was observed during the reconnaissance swim in the shallows near one home's seawall; no other viable seagrass or algae were notec to be rooted in the canal bottom substrate. 3.0 Conclusions In considering the observations of July 17, 1996, the following may be concluded. The vegetation growing on the causeway embankment is a blend of native wetland species and nuisance exotic plant species. With few exceptions, the native wetland plants were established above the mean high water mark and could be considered non -jurisdictional. The immediate man-made shoreline of the Mashta Drive causeway provided nominal refuge for a limited number of aquatic fauna. Beyond the limits of the causew..; footprint, no fish or crustaceans were observed apparently due to the lack of habitat strata. The mud bottom, depth and the lack of water clarity precluded the establishment of seagrass or benthic algae. The accumulations of unconsolidated sediments and detritus indicate poor tidal flushing with the eastern side experiencing a more pronounced degradation. Based upon field observations, the low seagrass densities coupled with other factors (e.g., poor tidal flushing), the site in its current state has limited biological habitat structure and function. REFERENCES DERM. 1983. Bottom Communities of Biscayne Bay. Dade County Department of Resources Management. Published in Cooperation With: State of Florida, Department of Environmental Regulation; and, United States Department of the Interior, National Park Service. Map: September, 1983 Edition. FIGURE 1 Project Location Carney Environmental Consulting Services, Inc. 6435 SW 85 Street Miami, Florida 33143 West Mashta Drive Bridge Village of Key Biscayne Dade County, Florida Project: 960701a July 22, 1996 Carney Environmental Consulting Services, Inc. 6435 SW 85 Street Miami, Florida 33143 West Mashta Drive Bridge Village of Key Biscayne Dade County, Florida Project. 960701 a July 22, 19946 TABLE 1. Percent Cover of Bottom Communities Observed Along Selected Transects West Mashta Drive, Key Biscayne, Florida West Mashta Drive: Western Transect Bottom Community Observations -July 17, 1996 Distance (ft) NORTH (% Cover) MIDDLE (% Cover) SOUTH (% Cover) 0 0 0 80% Caulerpa 10 <10% Caulerpa <5% Halodule (strands) 90% Caulerpa, <10% Thalassia 20 <10% Acetabulana/Caulerpa <5 % Halodule (strands) 0 30 Dasycladus (rock) 0 0 40 0 0 0 50 0 0 0 60 0 0 0 70 0 0 0 80 0 0 0 40 0 0 0 100 0 0 0 West Mashta Drive: Eastern Transect Bottom Community Observations -July 17, 1996 Distance (ft) NORTH MIDDLE SOUTH 0 0 0 0 10 0 0 0 20 0 Caulerpa (suck) 0 30 0 Caulerpa/Dasycladus (rock) 0 40 0 0 0 50 0 0 0 NOTE: Percentages are based upon coverages of a meter stick placed perpendicular to the transect at each station location. Those entries without %'s were those observations that were comprised of a small rock or stick providing a limited substrate for attachment at that station location. SFWMD Item #6 Turbidity Control & Monitoring Plan Turbidity Control & Monitoring Plan for West Mashta Drive Bridge Construction Village of Key Biscayne, Florida I. Introduction & Background This turbidity control and monitoring plan has been prepared to support the proposed bridge construction at West Mashta Drive in the Village of Key Biscayne, and to comply with item #6 of the South Florida Water Management District (SFWMD) letter dated 4/9/96, regarding the Standard General Environmental Resource Permit application #960312-12. The plan has two primary components as follow: (1) prevention/control of erosion and soil particle runoff into the canal from possible construction staging areas adjacent to the canal; and, (2) prevention/control of turbidity associated with in -water work during the bridge construction. The turbidity control and monitoring plan will be in effect throughout the period of bridge construction, presently projected to take place between 5/28/97 and 2/3/98. Each of the two components of the plan is discussed individually in the following sections. II. Prevention/control of erosion and soil particle runoff Controls, monitoring, and reporting are discussed in sequence below. Controls Silt fences will be constructed at locations where surface runoff from construction and/or staging areas could enter the canal. Straw bale dikes will be placed around stormwater catch basins in the vicinity of the construction area which may discharge to the canal. The silt fences and straw bale dikes will remain in place for the duration of construction. Monitoring The integrity of runoff controls will be visually checked on a daily basis, and maintenance/repair to the controls will be performed as needed. If evidence of erosion and soil particle runoff into the canal from construction and staging areas is noted, repairs or additional measures will be implemented immediately. Monitoring of runoff controls will be performed for the duration of construction. Reporting The Consultant Engineer Inspector (CEI) staff will inspect the integrity and efficacy of runoff controls on a daily basis. A record of the inspections will be compiled and submitted to the h:\wp51\keybisc\turbplan.rpt 1 019442.0001 (07/23/96, 18:57) SFWMD on a weekly basis. The weekly report will summarize the results of each daily inspection and the time and weather conditions during which the inspection was performed. If an incident of suspended solids transfer into the canal occurs, the incident will be documented and reported along with (1) the tidal stage and direction of flow, (2) the wind direction and velocity, and (3) the response taken to correct the incident. III. Prevention/control of turbidity associated with in -water work Controls, monitoring, and reporting are discussed in sequence below. Controls Sheet piling and turbidity curtains will be used to prevent violations of water quality standards as outlined in Florida Administrative Code Chapter 62-302. The attached figure, Turbidity Control Plan, indicates the planned locations of sheet piling and turbidity curtains, and the phased approach to be used for construction. The approach for Phases I and II will be identical: after the sheet piling has been installed, construction of the bridge foundation, headwall, bulkhead, and culvert will occur within the area enclosed by the sheet piling (two-way traffic will be maintained on the opposite side of the bridge). The sheet piling and phased approach will have two turbidity control benefits: (1) construction within the boundaries of the sheet piling will limit turbidity concerns to those times when the sheet piling is installed and removed; and, (2) flow will not occur underneath the bridge until Phase II has been completed and the sheet piling along the center of the road has been removed. It should be noted that the existing bridge does not permit flow from one side of the bridge to the other (divers found no evidence of a culvert, thereby confirming that a culvert never existed or has fully collapsed). While turbidity creation should be limited to those times when the sheet piling is installed and removed, turbidity curtains will be left in place as a precaution for the duration of construction. A note will be added to the construction plans to require that turbidity curtains of sufficient length and depth be used for this site. Monitoring Turbidity monitoring will be done in two phases as follow: (1) monitoring prior to construction to establish a reference for natural background conditions; and, (2) monitoring during the installation and removal of the sheet piling. Each phase is described below. h:\wp51\keybisc\turbpian.rpt 2 019442.0001 (07/23/96, 18:57) Turbidity monitoring prior to construction Because the existing bridge does not permit flow from one side to the other, and accordingly the influence of the tide causes water on one side of the bridge to move in an opposite direction from water on the other side, it will be difficult during construction to define "background" and "compliance" samples in the customary manner. For example, during an incoming tide, water moves toward the bridge on both sides, and no "down -current" sample location presents itself; similarly, during an outgoing tide, water moves away from the bridge on both sides, and no typical "up - current" sample location is available. It has also been noted in the field that water in the area of the bridge is naturally turbid due to the lack of flow under the bridge - a variety of organic materials are carried in on the incoming tide to settle and degrade in the "dead-end" areas on either side of the bridge. Due to the conditions associated with the lack of flow as described above, turbidity monitoring prior to construction is proposed to establish background data which may prove helpful for comparison with data obtained later during construction. The pre - construction turbidity monitoring will be performed on both sides of the existing bridge during (1) incoming tide, (2) slack tide, and (3) outgoing tide. A minimum of 5 locations will be selected on each side of the bridge, extending away from the bridge at intervals of approximately 30 feet along the canal centerline. Samples will be collected at the surface of the water and one foot above the bottom. Turbidity will be recorded in Nephelometric Turbidity Units (NTU). Turbidity monitoring during installation and removal of sheet piling The CEI staff will monitor turbidity during the installation and removal of the sheet piling. Water turbidity levels will be monitored and recorded twice daily, at least four hours apart. Samples will be collected at the surface of the water and one foot above the bottom at monitoring stations which will be located along the canal centerline as follows: (1) within 100 feet of the work site, and within the densest portion of any visible turbidity plume, to reflect conditions which may be directly influenced by the construction; and, (2) greater than 100 feet from the work site to approximate natural background conditions. Monitoring locations will be adjusted in accordance with the phased construction as follows: • during Phase I, samples will be collected on the west side of the bridge; • during Phase II, samples will be collected on the east side of the bridge; and, • during the removal of all sheet piling at the conclusion of Phase II, samples will be collected on both sides of the bridge to reflect the flow -through conditions which will exist for the first time. h:\wp51\keybisc\turbplan.rpt 3 019442.0001 (07/23/96, 18:57) To the extent possible, sheet piling will be installed/removed as slack tide approaches to coincide with the least favorable conditions for the migration of suspended materials. After the sheet piling is first installed in each area, samples will be collected to demonstrate the effective control of turbidity. Visual monitoring will be conducted on a daily basis throughout construction to ensure that additional turbidity controls are not needed; the integrity of the turbidity curtains will be checked, and maintenance/repair will be made as required. After the final removal of the sheet piling, turbidity curtains will be left in place until turbidity measurements confirm that suspended materials within the controlled area have settled. Reporting A record of the turbidity monitoring will be compiled and submitted to the SFWMD on a weekly basis during the installation and removal of the sheet piling. The following information will be provided in each report: • permit number; • dates and times of sample collection; • description of data collection methods; • map indicating sample locations; • sample results (NTU); • sample depths; • weather conditions at time of sampling; • wind direction and velocity at time of sampling; and, • tidal stage and direction at time of sampling. Each report will also contain a statement by the individual responsible for the implementation of the sampling program concerning the authenticity, precision, limits of detection, and accuracy of the data. The pre -construction turbidity data will also be tabulated and submitted along with the turbidity reports to permit a comparison to pre-construchn conditions. h:\wp51\keybisc\turbplan.rpt 4 019442.0001 (07/23/96, 18:57) AMW 7/19/98 CANAL .444' ••• ••• EXISTING ROADWAY CANAL LEGEND: EXISTING LIMITS OF CANAL AND BRIDGE PROPOSED UMITS OF BRIDGE - - PROPOSED CULVERT - - - TURBIDITY CURTAIN TO BE MAINTAINED THROUGHOUT CONSTRUCTION PHASE I CONSTRUCTION AREA WITH STEEL SHEET PIUNG ALONG ENTIRE PERIMETER (TRAFFIC MAINTAINED ON EAST SIDE OF ROAD) PHASE II CONSTRUCTION AREA WITH STEEL SHEET PIUNG ALONG ENTIRE PERIMETER (TRAFFIC MAINTAINED ON WEST SIDE OF ROAD) IIICE METCALF & EDDY 201 ALHAMBRA CIRCLE SURE 700 CORAL GABLES, FLORIDA 33134 PHONE (305) 445-0658 TURBIDITY CONTROL PLAN WEST MASHTA DRIVE BRIDGE VILLAGE OF KEY BISCAYNE SCALE: NONE PROJ.: E. HEIJN DRAWN BY: A. WALKER FIGURE 1 DATE: July 23, 1996 RE: Response to Item 7 of SFWMD letter dated April 9, 1996 - Mitigation proposal for the West Mashta Drive bridge SFWMD Application Number 930312-12 This mitigation approach is provided to comply with the South Florida Water Management District (SFWMD) request for additional information to complete their processing of Application Number 960312-12, specifically, Item 7 of their letter dated April 9, 1996. Based upon the biological assessment of July 17, 1996 and the proposed method and location of construction, the mitigation outlined below will not only compensate for the temporary construction impacts, but will greatly enhance water exchange and water quality within the two contiguous (but now separate) canal systems. 1.0 Purpose and Need The existing site (Figure 1) is comprised of a short earthen causeway connecting Key Biscayne to Mashta Island and is situated at the western side of Key Biscayne (GPS coordinates: Latitude 25° 41.067' North and Longitude 80° 10.236' West; Section 5, Township 54 South, Range 42 East). This causeway currently represents the only means of ingress and egress from Mashta Island. Based upon engineering reports and confirmed by recent field observations, the causeway is in disrepair, displaying evidence of subsidence and slumping. The proposed work effort calls for the removal of the existing causeway and spanning the opening with a low level bridge. Preliminary information suggested that West Mashta Drive had been constructed with a culvert passing beneath the roadbed. However, no opening of any kind could be discerned during a recent field visit, precluding the free tidal exchange of water between the eastern and western canal systems. 2.0 Proposed Bridge Design A review of CAP's preliminary bridge sketches indicates that a portion of the existing causeway will be completely removed, uncovering, and thus restoring, a section of bay (canal) bottom approximately 45 feet by 62 feet (2,790 square feet). The water depth beneath the bridge will emulate the existing canal depth immediately adjacent to West Mashta Drive (approximately -4.5 feet NGVD). The sketches indicate that some of the existing rip -rapped shoreline will remain in place, particularly the southwestern shoreline. Elsewhere, the newly exposed shoreline will be restabilized with rip -rap. A small number of plant species are rooted in the existing road embankment. One of the local residents reported that most of the trees had been planted by a neighboring property owner. While no tree inventory was conducted, nearly half are considered nuisance exotics (See Biological Assessment, Response to Item 3). The remainder are species characteristic of coastal wetlands, however, the majority of these were rooted high on the embankment. As a result, these provide no wetland function and should not be construed as jurisdictional. Response to Item 7: SFWMD letter dated April 9, 1996 Mitigation proposal for West Mashta Drive bridge July 23, 1996 Page 2 of 4 3.0 Water Quality and Construction Technique Prior to construction, turbidity curtains will be deployed parallel to and on each side of the causeway. Construction crews will then drive sheet -piling along each edge of the proposed construction foot -print, but within the containment provided by the turbidity curtains. Once installed, the sheet -piles will sequester the work area from the canal waters during the phases of fill removal and bridge construction, thereby reducing or eliminating turbidity excursions during the period of construction. Following completion of the work, the sheet -pilings will be removed. A program of turbidity monitoring will be conducted during any construction activity outside of the sheet -pile containment. The SFWMD letter suggested that the project takes place within Outstanding Florida Waters (OFW) and that there can be no degradation of water quality below background (ambient) levels. The project is located within a man-made canal system and, as such, is beyond the limits of the Biscayne Bay Aquatic Preserve. Nonetheless, the OFW regulations (FAC 62-4.242(2)(a)2.b.) allow for temporary degradation during construction within a mixing zone. Given the proposed use of sheet -pilings to segregate the work area from the surrounding canal waters, any excursions of turbidity may only likely occur during the installation and removal of the sheet -pilings. These would be short-lived, and within the turbidity barrier and designated mixing zone. 4.0 Mitigation 4.1 Avoidance West Mashta Drive represents the only means of accessing the island from land. Due to the relative condition of the existing causeway, repair or replacement is imminent. The proposed construction will not be filling additional wetlands, but will instead be reducing previous impacts and restoring functional wetland. 4.2 Minimization The proposed project will be constructed within the footprint of the existing causeway, therefore there will be no additional filling or impact to wetland resource. The project will result in a net increase of wetland resource through the removal of causeway fill and the restoration of approximately 0.06 acres of functional marine habitat. The proposed method of segregating the work area from the surrounding canal waters will further ensure that potential impacts to wetland resources away from the project footprint due to turbidity will be eliminated during fill removal and bridge construction. Response to Item 7: SFWMD letter dated April 9, 1996 Mitigation proposal for West Mashta Drive bridge July 23, 1996 Page 3 of 4 4.3 Compensation The project, as preliminarily proposed, is not expected to significantly impact wetland resources either within the project footprint or away from the project limits. It is anticipated that upon the completion of the project, the following restoration and enhancement benefits both to wetland resources and water quality will be achieved: 1) The restoration of approximately 0.06 acres of functional marine habitat that had been lost due to the previous placement of fill during causeway construction. Based upon the proposed construction, the newly created canal bottom will be shallow enough to promote the establishment of benthic algae and seagrass. 2) The duplication of existing shoreline habitat through the replacement of limerock boulder rip -rap along the newly created shoreline. These areas are expected to recolonize quickly with a variety of nearshore marine fauna that will use the environment for attachment substrate, foraging or as refuge. 3) The restoration of east -west tidal exchange through the new bridge opening is expected to enhance the canal systems in several ways: a) The re-establishment of this water channel will enable the free passage of marine fauna, including the West Indian manatee b) The flushing allowed by the bridge opening will improve the water quality by eliminating two dead-end canals. The effects of enhanced flushing will prevent the accumulation of decaying vegetation, will promote the complete mixing of the water column, and, thus, reduce or eliminate the potential for anoxic conditions. As suggested under FAC 62-4.242(3)(b), construction projects that lead to an overall improvement to water quality should be encouraged. c) Enhancement to water movement in marine and estuarine environments promotes the dispersal and growth of seagrass and benthic algae (Fonseca and Kenworthy, 1987; Jordan, 1986; Lewis, et al, 1994). Many of the shallow areas currently barren or harboring a depauperate population of attached algae and seagrass, may be expected to improve due to the synergy of increased water movement and probable increases in water clarity. As environmental restoration and enhancement benefits are expected to occur as a direct result of the project, no further mitigation activities are proposed. Response to Item 7: SFWMD letter dated April 9, 1996 Mitigation proposal for West Mashta Drive bridge July 23, 1996 Page 4 of 4 REFERENCES Fonseca, Mark S., and W. Judson Kenworthy. 1987. Effects of current on photosynthesis and distribution of seagrasses. Aquatic Botany 27: 59-78. Jordan, William R. 1986. The effects of reestablishing tidal circulation to a mangrove lagoon Bahia Honda Key, Monroe County, Florida. Florida Department of Transportation: FL -ER -32-86. Lewis, Roy R., Curtis R. Kruer, Sally F. Treat, and Stephanie M. Morris. 1994. Wetland mitigation evaluation report Florida Keys bridge replacement. Florida Department of Transportation: FL -ER -55-94. t!(1at b -{at Light o 70 f Light .D Light , Heliport Harbor Point Tidal Fiat Lighto Humcane Harbor Southwest Point SITE 1 \ Tidal Flat oral Shoak o Radio Tower 14 9 � /104,,c n� Coral Shoal a No Name- Harbor ~'a M A • / Area +0 4 b Cape Flondla Old Lighthbuse T Cape Florida o Light L FIGURE 1 Project Location Carney Environmental Consulting Services. Inc. 6435 SW 85 Street Miami, Florida 33143 West Mashta Drive Bridge Village of Key Biscayne Dade County, Florida Project: 960701a July 22. I996 THE MANATEE AN ENJANNCERED MARINE MAMMAL ,•,,•••• yyy •iii � i ZlA •i vr71-. Presented by: Environment and Public Involvement District VI Florida Department of Transportation To: Contractors on FDOT Projects Contractor's sicma+ 1w How Much Do You Know on Trichechus manantus? A large portion of the coastal area and adjacent inland waters of Florida are known to be critical habitat for the Florida Manatee, Trichechus m natus . Estimated distribution of Trichechus manatus In Florida 1 The Manatee, commonly known as the sea cow, is a gentle aquatic mamal that once ranged widely throughout the southeastern waters of the United States. Today, its numbers are reduced to probably less than 1000 individuals and the species is now listed as endangered by both state and federal wildlife resource agencies. 3 OF 16 The major danger to the Manatee is man, or specifically the boats man uses. Wounds from whirling propellers have been the primary cause for death or injury. ade.J0.i4 • ..�.: �p ..�- - ti JI�.�':.: i v • z t%.. K�Yl1f L�!��'i'' ..Y.�..',-1•� �.(�� ^�✓• i�.nl:� �i! �� �.t.: , •,• vlc. tl {_.%./•, � '1. i -_..i �_ •1. .. �, �!. ......, c �i���s.... ��c.. _► -... .r -ye': � �•:..�t • A slow reproductive rate cai ounded with increased mortality from man's activities in the Manatee habitat are attributed to be major factors for the decrease in the Manatee population. Manatees need air to breathe and therefore must surface periodically, i.e. 1 to 6 times per 10 minute intervals. They are large and slow moving vegetarians which feed on submerged plants in shallow water in coastal marine, estuarine and freshwater habitats. Manatees need warm water to survive. During the winter months, Manatees seek inland waterways and often congregrate in the warm water discharge areas near power generating plants and natural warm water springs; therefore, extra caution is necessary during the colder months. 4 OF 16 NATEE INFORMATION SHEET I NAME West Indian Manatee, also known as "sea cow." SPECIES Trichechus manatus • STATUS Federal: U.S. Marine Mammal Protection Act, 1972. Endangered Species Act, 1973. State: Florida Manatee Sanctuary Act, 1978, Sec- Ition 370,12(2) Florida Statutes. BREATHING Nostrils on upper surface of snout. Closed tightly by valves when submerged. Open when It surfaces to breathe, every few minutes depending on amount of activity. HABITAT .Slow -moving rivers, estuaries, saltwater bays, canals. May be in open ocean waters in summer months. POPULATION HISTORY Estimates range from 750 to 1,000 in Sirenia order. Pre-probocidean lineage which in- Florida waters. eludes dugongs and elephants. Manatee fossils show reduction of hind limbs from a terrestrial to an aqua. REPRODUCTION lc form. Little definitive data. Believed one or two calves are born every two or three years. Gestation period COLOR believed to be about 13 months. Maturity estimates Gray or gray -brown. from six to 10 years. IZE Can grow Iton. up to 15 feet long and weigh almost SHAPE Seal -like, spatulate tail, small head, two forelimbs, ost hairless. [IN Thick and wrinkled. IET Aquatic plants. ENEMIES No natural predators; only enemy is man. CAUSES OF MORTALITY Boat/barge collisions, human structures (canal locks, etc.), vandalism. LONGEVITY Presumed to be long-lived, no data except from captives. One animal has been in captivity for 32 years. GENERAL Cap live in fresh or saltwater, but apparently needs MMUNICATION fresh ,water to drink periodically. Sow moving, anatees hear fairly well, and communicate with gentle and harmless h other by squeaks. Different squeaks seem to we different meanings. The Flonda Department of Natural Ftneocircos is a. equal opportunity agency. offering all persona ths benefits of participating in each of Its programs and competing in all areas of employment regardlaas of race, color. religion, sex, national ongin, tgs, handicap or other non-marit factors. 3900 Commonwealth Blvd. Tallahassee, Fla. 32303 This public document rfras promulgated at a Cost I .,F Ct nn "" - Guide To Contractors Working in Manatee Areas If a project is determined to be within a critical habitat, i.e. neAr ' or in a waterway which Manatees may inhabit, then the C9ntractor mil s t radhe i-e to the following precau tionsct 1. Advise construction personnel of the potential presence of the Manatee, of its endangered status, and of the need to avoid any actions that would jeopardize the existence of Manatees. 2. ,Ad\ise construction personnel of the following civil and criminal penalties for harming, harassing, or killing Manatees; a. It shall be unlawful for any person at any time, by any means, or in any manner intentionally or negligently to annoy, molest, harass, or disturb any Manatee; capture or collect any Manatee; pursue, hurt, wound, or kill any Manatee; or possess literally or constructively, any Manatee or any part of any Manatee. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor of the first degree. b. Additional penalties of fines up to $20,000 and one year imprisonment or both are provided for under the Federal EndangereY3 Species Act of 1973, as amended, and the Marine Mammal Protection Act of 1972. The Contractor shall be held responsible for any Manatees harmed, harassed, or killed as a result of project construction. 3. Appropriate work shift personnel willrbe instructed in the appearance, habits, biology, migratory patterns, and preservation of the Manatee. At least one of these trained personnel will be present on -site during construction activities to maintain a constant surveillance for Manatees, assure the cessation of activities (such as dredging, excessive turbidity, and construction barge activity), that may endanger manatees, and assure that uninhibited passage for the animal is provided. 6 OF 16 4. E-,-.)st signs on -site warning of the manatee's presence, endangered status, and precautions needed. its 5. -Post the Manatee hot-line number (800/342-1821) at on -site telephones to be used as a source of information or help in dealing with% any problems involving the Manatee. Telephone reports must be made in the event of any injury, collision with, or killing of Manatees. 6. Operators of' watercraft will be responsible for any collisions with Manatees. Vessels associated with the project should operate at slow (no wake) speed while in shallow water, especially where the draft of the boat provides less than three feet of clearance with the bottom. Work boats should load and off-load at designated sites. Vessels used to transport personnel shall be shallow -draft vessels of the light -displacement category, and shall follow routes of deep water to the maximum extent possible where navigational safety permits. SLOW SPEED .fie. MANATEE AREA Nov. 15 to Mar. 31 IDLE SPEED MANATEE AREA SLOW SPEED MANATEE AREA Nov 15 to Mai 31 lntracoastralWaterway CHANNEL EXEMPT NO MOTORBOATS I: 7. Turbidity ffon construction l activity will be adequately controlled to prevent degradation of the quality and transparency of the water. : Nhen Manatees are present, turbidity curtains of appropriate dimensions will be used to restrict the animal's access to the work area. Pollution booms or turbidity curtains should use tangle -resistant or hemp rope when anchoring, or employ surface anchors, to prevent entangling Manatees. Continuous surveillance will I be maintained in order to free animals which may became trapped in silt or turbidity barriers. 8. Construction debris shall not be discarded into the water. 9. The 'Contractor shall keep. a log detailing all sightings, injuries, or killing of Manatees which have occurred during the contract period (see table 1) . Following project ccmpletion, a report summarizing these incidents shall be submitted to: • Barbara J. Bernier M.S. District Environmental Administrator Florida Department of Transportation Project Development and Environment 1000 N.W. 111 Avenue Miami, Florida 33172 Manatees are harmless. They have no defense but flight, no I natural'enemies but man. Their future lies in our hands. i t I WP1# ISPN# pr ject bescript on Area Observed Date Details Map Log/Lat Sighted by Const. injury Const. death live sighting a�.c�c.`1St?i24)-^4)2i_ _!vim -6ulwvA MANATEE PROTECTION CONSTRUCTION CONbITIONS AND CAUTION SIGN/ INFORMATION DISPLAY REQUIREMENT* General Aquatic and Marina Permit Requirements Contractors/Construction Dredging Conditions The permittee/grantee/lessee shall ensure that: 1. The contractor instructs all personnel associated with .the project of the potential presence of manatees and the need to avoid collisions with manatees. 2. All construction personnel are advised that there are civil and criminal penalties -for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Floridd"Manatee Sanctuary Act. The permittee and/or contractor_ may be held responsible for any manatee harmed, harassed, or killed as a result:of construction activities. 3. Siltation barriers are made of material in which manatees .cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. 4. All vessels associated with the project operate at "no wake/idle" speeds at all times whil-d in water where the draft of the vessel prbvides-less than a four foot clearance from the bo+-tom and that vessels will follow routes 'of deep water whenever possible. 5. All construction activities in open water cease upon the sighting of a manatee(s) within 100 yards of the project area. Construction activities will not resume until the manatee(s) has departed the project area. r- 6. Any collision with and/or injury to a manatee is reported immediately to the Florida Marine Patrol (1 -800 -DIAL FMP)• and to the U.S. Fish and Wildlife Service, Jacksonville Office (904-791-2580) for North Florida and to the Vero Beach Field Office (407-562-3909) for South Florida. DisReg/2. IMay 2, 1991 11 OF 1 Display Requirements Page 2. 7. Prior to commencement of construction each vessel involved in the construction shall display in a prominent location, visible to the operator an 8 1/2" x 11" temporary placard reading, "Manatee Habitat/Idle Speed in Construction Area". In the absence of a vessel the placard will be located prominently adjacent to the issued construction permit. 'A second temporary 8 1/2" x 11" placard reading, " Warning Manatee Area" will be posted in a location prominently visible to water related construction crews. A temporary construction notice criteria sheet (temporary notices are constructed by permittee) is attached. Temporary notices will be removed by the permittee upon completion of construction. 8. The contractor maintains a log detailing sightings, collisions, or'injuries to manatees should they occur during the contract period. Following project completion, a report summarizing incidents and sightings. is submitted to the Florida -:Department of Natural Resources, Marine Research Institute, Office of Protected Species Research, 100 Eighth Avenue, Southeast, St. Petersburg, Florida 33701-5095 and to -the U.S. Fish and Wildlife Service Office, 3100 University Boulevard; Jacksonville, Florida 32216. Marinas', Docking/Launching Facilities Permanent Caution and Information Display Signs 9. permanent manatee awareness signs are installed and maintained (facing land) at docking and launching facilities. Prior to the docking .and launching facility- beginning operations, the permittee:will send a project.site plan to the Department of Natural Resources, Division of Marine Resources Office, Protected -Species Management, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. FDNR will then specify on the site plan permanent locations for "Caution Manatee Area" and "Information Display" signs. 10. The permanent signs will read "Caution Manatee Area" and shall be 4'x 3', 125 gauge 61TS aluminum, covered with white, engineer grade, reflective sheeting; black, screened lettering and design; and orange, engineer grade, reflective circle and border. These signs shall conform to the Florida Uniform Waterway Marking System in accordance with F.S. 327.40-1. The installation -of these signs shall be made in accordance with the FDNR specifications for such signs. Sign installation specifications and a permanent manatee awareness sign criteria sheet (depending on issuing agency) may be attached or will be forwarded when sign plan has been reviewed and permanent sign locations are designated by FDNR. DisReg/.2 . I May 2, 1991 Display Requirements Page 3. 11. A permanent "Information Display" (consisting of two signs "Manatee Basics for Boaters" and "West Indian Manatee Fact Sheet") is installed prior to mooring occupancy at a prominent location (facing land) to increase the awareness of boaters using the facility of the presence of manatees and of the need to minimiie the threat of boats to these animals. The number of "Information Displays" (sets) required will depend on the docking/launching facility design. Permanent "Information Display" locations will be specified by FDNR personnel when permanent sign location sites are designated (#9 above). A list of suppliers of the "Informational Displays"! will be forwarded with permanent site plans. The "Information Display" 'signs remain the responsibility of the owner(s) and are to be maintained for. the life of the docking/launching facility in a manner • acceptable to FDNR. 12.• Verification that permanent signs have. been installed a•t designated locations shall'be provided to FDNR, 'Protected Species Management (address #9 above), before the marina docking/launching.facility begins operations. Signs and pilings remain the responsibility of the owner(s) and are to be maintained for the life of the facility in a manner acceptable to FDNR. * These conditions apply to all aquatt'c construction in waters regularly _ inhabited •by manatees including all commercial, recreational, multi -family, multi -slip mooring facilities, docks, boat ramps, marinas, bridges, dredging, filling or any construction activities involving vessel movement. Additional special conditions apply to blasting. DisReg/2 I May 2, 1991 I 13 OF 16 N:TEE FCT SHEE POPULATION: highly endangered REPRODUCTION: mature at approximately 5 years of age; gestation approx- imately 13 months; one calf born every 2-3 years; cows nurse calves up .to 2 years PROBLEMS: boat/barge collisions; habitat loss; crushing/drowning in flood gates -and canal locks; cold -related illnesses; ingestion of fish hooks and monofilament line; en- .taaglement in crab trap lines and fishing trawl nets; pollution' • ' . PROTECTION: F . •violato.rs' of state and federal -laws protecting manatees y: :• are subject -to fines :up:to-$20;000 and prison sentences • - •W �'! Gra•r:: r.3:t'I yC '�''•r :'fir_ 1?.., :1: �.._t I_ ^z en -.1an S sloid mov4S12 sur#acesAo'brea•tthe eve 34 • r.'i r/ r.•. ��:.t(: 1a..Y•-�• "`..r•111�'-'� et r •v. ;a. �r� ,.cis �C7'�r".:. 1',•:,,=*_.:s'.��:. ti,J t.�;�niriufes_; . P�;aas�iiut �efii1•g;�,�'es`t3.�,:anii;=iravelinS; • °��: ,c , ofteny. iSC -a`ec stye IiK is ui. ({s3efense and is 1�` ; -ic h#�,, / • •• ice"-4..,4-,!�!:-•,:—.,t., . rv.�.i;•r • �Ki.�++�,1,_ ,..., ,Y�rse « . efel „r. a'4' _rir A:s5.� �—i,,- 7. !!^^ /r \-•;-,,,-.!:-..-,:,:g-:.: rr= /7 ; ' z r.. :. - - �•.r.z -� f ; _.•6'..:--,-z.:;:3-*-:; :� HA I��=� sE►•a low, �•. '� `L` ���,.:-.���..•,7.,•��i��' slow ma ng Vers-. sti cries; sa`ifwata• bays; it .1. --1ean�i r,, oar a a e \ INi'-ER itsanat'ee&concentrate n -natural, warm water springs.or inds_tstria"l.Lpower plant warm -water •)Dutfalls'-in` F.loi da� —~ ''SUMMER - move``widerhl rouughout entire habitat; sometimes`swim•,just:offshore--to travel or graze; sometimes travel as far as the lower Carolinas on the East Coast and to Louisiana on the Gulf Coast # 7 ourtsli � FOOD: submerged (e.g. Hydrilla), emergent (e.g. Spartina), and floating (e.g. Water -hyacinths) aquatic plants FOR FURTHER INFORMATION WRITE OR CALL: Florida Dept. of l'atural Resources Division of Marine Resources 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 (904) 922-4330 Save the Manatee Club 500 N. Maitland Avenue Maitland, FL 32751 (407) 539-0990 ITT, NATEE BASILS FOR tOATERS TO REPORT CALL: 1 -800 -DIAL FMP RESOURCE ALERT 1-800-342-5367 FOR: manatee harassment tagged manatees dead or Injured manatees regulatory zone violation I I 1 1 i I I I I 12 SAVE A LIFE ACCIDENTAL STRIKES OF MANATEES SHOULD • BE REPORTED IMMEDIATELY TO INITIATE PROMPT RESCUE AND REHABILITATION. also ism atoolLR Irttarr4s. ttaa Cilust--.-o voaL- Ra.c SC csLO ruRm ar awtaTCCIELSCallCri imOtaaaa Or MC Wait Pail or V Tut tC at]atici3 r-rjj- KA X.<17l S1.00 -: 1.00 EXTRA T✓tr. • 1991 MANATEE TAGS if YOU SCE A MANATEE WITH A RADIO TRANSMITTER. PLEASE CALL THIS TOLL FREE M.ntaER_ 1.800-342-5021. NOTE WHERE AND WHEN SEEN AND POSITCON Of COLOR SANOS -COLOR 6AHOS • r +' r ; ( t l � { 1,4 h1A'S 00.ot e0,1ew Oa UY 1.( 0.40 a.st • 1.(r a.[ ....WA t0.r.( r.wrtC 1 rtw. ac•o•+s .(t• ft.. a4.s rr r.rwat 00,160,,(1...0 V s ta..11 ROL0( lox C5 t a(H0K.. O. 5.( 5.0.41140.. t4( • • MANATEE PROTECTION ZONES Accidental *tribes by boats account for 40% of manatee deaths where the cause of death Is verified by necropsy. To minimize this hazard, boaters should stay In deep. water navigation channels and reduce speed when operating In shallow waters out aide navigation channels. To alert the boater and protect the manatee, the law provides a number of cautionary and regulatory speed zones. These signs are U. luctrated and defined below. COLE SPEED MANATEE AREA Nov. 1$ to Mar. 21 SLOW SPEED MANATEE AREA Nor. 15 to I.ta,. 31 SLOW SPEED si..N+TEE AREA Si CHANNEL EEE1=PT a tone In whfeh boats are not permitted 10 go any latter than necessary to be steered. a no -wake or minimum - wake tone where boats must not be on a plane and must be level in the water. In some areas the channel Is exempt, CAUTIONr MANATEE AREA a zone IreQuenfly inhabited by manatees. requiring caution by boaters to avOld dlslurbinc or Inlunng the animals a zone Thal prohibits boating, swimming and %fasog for the protection of manatees. an unregutated zone marking lnt end of a manatee protection Zone In which boats can be operated at sale speeds: boaters should remain alert for signs of manatee activity and ad(ust 'peed accord- ingly. FOR FURTHER INFORMATION WRITE OR CALL: Florida Dept. of Natural Resources Division of Marine Resources 3900 Commonwealth Blvd. Tallahassee. FL 32399-3000 (904) 922-4330 Save the P" �natee Club 500 N. Maitland Avenue Maitland. FL 32751 (407) 539-0990 2, 1991 r- I 1 ORDINANCE NO. 93-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. [ WHEREAS, Section 8.03 of the Village Charter incorporates all 1 code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the 1 adoption of the Village Charter; and WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to excessive noise, and establish its own definitions and prohibitions against excessive noise, as well as enforcement and penalties for violations; and 1 WHEREAS, it is in the public interest of the residents of the Village to regulate excessive noise; I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL ( THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: I Section 1. That the Code of the Village of .Key Biscayne is Hereby amended by adding a new chapter which shall read as follows: CHAPTER . NOISE Sec. 1. Prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued I any loud, excessive, unnecessary or unusual noise. For purposes of this chapter, the word "noise" shall mean any sound in quantities which are or may be potentially 1 L Page 1 of 8 i harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. Sec. 2. Definitions. The following words, terms and phrases when used in this chapter shall have the mer.ning ascribed to them in this section, except where the context clearly indicates a different meaning: a. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. b. Construction. Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, of public or private rights -of -way, structures, utilities or similar property. c. Emercencv. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. d. Holidays. In addition to Sundays, those days declared by the laws of the State to be legal hclidays, including New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day. e. motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property. f. Motorboat. Any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of. transportation on water. Sec. 3. Prohibited Acts. The following acts are declared to be loud, excessive, unnecessary, or unusual noises in violation of this Chapter: a. Excessive Noise. Any noise which is hazardous to public health, walfare, safety or the quality of life within the limits of the Village or of such character, intensity or duration which disturbs the public peace and welfare. 2 Page 2 of 8 b. Horns, Signaling Devices, etc., The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. c. p.adios, Televisions— Phonographs, Musical jnstruments, etc. The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, television, phonograph, mu:.ical instrument or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this Chapter. d. Animals, Birds. etc. The owning, possessing or harboring of any animal or bird which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located. e. exhausts. The discharge into the open air of the exhaust of 'any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. f. Construction. The creation of a loud or excessive noise in connection with the conducting of Construction between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays, except for Emergency work. 3 Page 3 of 8 any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager. h. Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays, such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to Section 4 of this Chapter. i. Loading or Unloading. The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays. j. Commercial Maintenance Equipment. The use of commercial maintenance equipment which creates a loud cr excessive noise in connection with the operation of said/equipment within 100 feet of any residential area between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays. k. Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise. 1. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. m. Schools, Courts, Hospitals, Places of Religious Worship. The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such 4 Page 4 of 8 institution or which disturbs or unduly annoys the persons within such institutions. n. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes. o. Open Air Concerts, Musical_ Broadcasts. etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so as provided in section 4 of this Chapter; except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides. Sec. 4. Permits for Special Events. Upon written application to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the Village Manager may impose. The decision of the village Manager shall be final and not subject to appeal. a. Permit Application Information. The application for a permit under this section shall contain the following information: (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested; (2) The name of the person or entity seeking the permit; (3) The exact date and time for which the permit is sought; and (4) The exact location of the activity or event for which a permit is requested. (5) A description of the activity or event for which a permit is requested. 5 Page 5 of 8 c ci NllLb issued under this section shall specify the date and time during which the activity or event authorized by permit may be conducted. No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours; nor shall the requested activity or event commence or continue beyond the hour of 11:00 p.m. in any case. c. Procedures for Administrative Permits. The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. d. Criteria for Permit Issuance] Posting of Bond. Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs. e. Person Designated As Being In Charge To Be Present. The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit. It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of•the activity or event authorized by the permit for the entire time specified in the permit. Sec. 5. Exemptions. The terms and prohibitions of this Chapter shall not be applied to or enforced against: a. Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the State or licensed public utility vehicle within the Village while 6 Page 6 of 8 engaged in necessary public business. b. Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such work during the night if the public welfare and convenience renders it impossible to perform such work during the day. c. A reasonable use of amplifiers or loud- speakers in the course of public addresses or gatherings which are non-commercial in character; noise generated in the course of a special activity or event which has obtained a permit pursuant to section 4 of this Chapter; noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work. Sec. 6. Enforcement. This Chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this Chapter. • Sec. 7. Penalties. A Village police officer who finds a violation of this Chapter shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150.00 for which the violator shall be liable. If the violation is not corrected immediately by the violator upon issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. Section 2. Repeal of Conflicting Provisions. That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8.03 of the village Charter, are hereby repealed in their entirety. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the 7 Page 7 of 8 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section S. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of September , 1993. PASSED AND ADOPTED on second reading this 28th September , 1993. ATTEST: GUIDO H. INGUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: day of RAFAEL H. CONTE, MAYOR RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\noise 8 Page 8 of 8 U.S. Department of Transportation United States Coast Guard / Commander Brickell Plaza Federal Bldg Seventh Coast Guard 909 S.E. First Avenue District Miami, Fl 33131 Staff Symbol: (oan) Ph: (305)536-5621 16591/FLA Serial: 0386 Ms. Osiris Quintana, P.E. C.A.P. Engineering Consultants, Inc. Sun Bank Building, Suite 300 100 Miracle Mile Miami, FL 33134 Dear Ms. Quintana: This refers to your letter of March 13, 1996, about the proposed replacement of the fixed roadway bridge over Hurricane Harbor on West Mashta Drive, Key Biscayne, Dade County, Florida. The Commandant has given his advance approval to the location and plans of bridges to be constructed across reaches of waterways navigable in law, but not actually navigated other than by rowboats, canoes and small motorboats. In such cases the clearances provided for high water stages will be considered adequate to meet the reasonable needs of navigation (33 CFR 115.70). We have determined that the conditions known to exist at this time, this portion of the Hurricane Harbor at the proposed bridge replacement site is in the advance approval category. Therefore, no additional Coast Guard authorization is required to construct the proposed bridge. You must, however, still comply with all other applicable federal, state, and local laws and regulations. When the proposed bridge is no longer used for tra^sportation purposes, it shall be removed in its entirety and the waterway cleared to the satisfaction of the District Commander. Such removal and clearance shall be completed by and at the expense of the owner of the bridge upon due notice from the District Commander. NSLOW ief,Bridge Section ids to Navigation and Waterways Management Branch Seventh Coast Guard District By direction of the District Commander SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATE LANDS AND ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 13-01003-P Form 80941 08/95 PERMITTEE: VILLAGE OF KEY BISCAYNE 85 WEST MCINTYRE STREET KEY BISCAYNE, FL 33149 DATE ISSUED: March 12, 1997 PROJECT DESCRIPTION: A SURFACE WATER MANAGEMENT SYSTEM SERVING .1 ACRE(S) OF HIGHWAY DEVELOPMENT KNOWN AS WEST MASHTA DRIVE BRIDGE. PROJECT LOCATION: DADE COUNTY, SECTION 5 TWP 54S RGE 42E This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 960312-12, dated March 12, 1996. This action is taken pursuant to Rule 40E-1.603 and Chapters 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Stdtutes, administrative hearing, 2., the attached General Conditions, 3. the attached 19 Special Conditions, and 4. the attached 12 Exhibit(s). Should you object to these Conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not h_:r from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on the 12th day of March, 1997, in accordance with Section 120.60(3), Florida Statutes. BY: Robert G. Robbins Director - Natural Resource Managemen West Palm Beach Service Center Certified Mail No. Z261 279 765 Enclosures )�Gfl'! 0:37 10 97 I South Florida Water Management District GENERAL PERMIT NOTICE OF RIGHTS This Notice of Rights is intended to inform the recipient of the administrative and judicial review which may be available as - mandated by section 120.60(3). Florida Statutes. Be advised that although this notice is intended to be comprehensive, the review I procedures set forth herein have been the subject of judicial construction and interpretation which may affect the administrative of judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 373, Florida Statutes, and the judicial interpretation of the provisions of these chapters. 1 1 1 2 I I I I I I If a substantially affected person objects to the staff's recommendation, that person has the right to request an administrative hearing on the proposed agency action. The substantially affected person may request either a formal or an informal hearing, as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing. If a substantially affected person believes a genuine issue of material fact is in dispute, that person may request a formal hearing pursuant to section 120.57(1), Florida Statutes, by filing a petition not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days after mailing of the proposed agency action or b. iF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen days after receipt of actual notice. The request for a section 120.57(1), F.S., formal hearing must comply with the requirements of Rule 40E-1.521, Florida Administrative Code. a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure to substantially comply with the provisions of Rule 40E-1.521, Florida Administrative Code, shall constitute a waiver of the right to a 120.57(1) hearing. If a petition for administrative hearing is not timely filed, the staff's proposed agency will automatically mature into final agency action. 3. If a substantially affected person believes that no issues of material fact are in dispute, that person may request an informal heanng pursuant to section 120.57(2), F.S., by filing a petition for hearing not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days after mailing' of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. A request for informal hearing shall be considered as a waiver of the right to request a formal section 120.57(1), F.S.. hearing. A request for a section 120.57(1), F.S., formal hearing not in substantial compliance with the provisions of rule 40E-1.521, F.A.C., may be considered by the District as a request for informal hearing. If a petition for administrative hearing is not timely filed. the staff's proposed agency action will automatically mature into final agency action. 4. Pursuant to section 373.114, Florida Statutes. a party to the proceeding below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission, as provided therein. Review under this section is initiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy cn the Department of Environmental Regulation and any person named in the Order within 20 days after rendering of the Distnct's Order. However, when the order to be reviewed has statewide or regional significance, as determined by the Land and Water I Adjudicatory Commission within 60 days after receipt of a request for review, the commission may accept a request for review from any affected person within 30 days after the rendering of the order. Review under section 373.114, Florida Statutes, is limited solely to a determination of consistency with the provisions and purposes of Chapter 373, Florida Statutes. This review I is appellate in nature and limited to the record below. 5. A party who is adversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.68, Florida Statutes, as provided therein. Review under section 120.68. Florida Statutes I in the District Court of Appeal is initiated by tiling a petition in the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action. 16. i 17. Section 373.617(2), Florida Statutes. provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located: however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence shall proceea in accoroance with Chapter 120. Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the District Court of Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are. however, exceptions to the exhaustion requirement. The applicant is advised to consult the case law as to the requirements of exhaustion exceptions. I la -1.521 Initiation of Fo:—...al Proceedings. • (1) Initiation of formal proceedings shall be made by petition to the District. The term petition as -used herein includes any application or other document which expresses a .quest for formal proceedings. Each petition should be printed, typewritten or other :splicated in legible form on white paper or standard legal size. Unless printed. the impression shall be on one side of the paper only and lines shall be double-spaced and ndent ed . (2) All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or identification number. if known; (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioner's substantial interests will be affected by the District's determination; (d) A statement of when and how petitioner received notice of the District's decision or intent to reader a decision; (e) A statement of all disputed issues of material fact. If there are none. the petition must so indicate. (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitioner's claim for relief. (g) A demand for the relief to which the petitioner deems himself 'entitled; and (h) other information which the petitioner contends is material. (3) Dpcn receipt of a petition for formal proceedings, the Office of Counsel shall view the petition for compliance with subsection (2). The Board shall accept those ;.lion in substantial compliance therewith, which have been timely filed, which establish ▪ the petitioner is a substantially affected party, and which state a dispute which is - in the j risd- ^n of the District :0 resolve. If accepted. the Board shall designate e presiding office: of the administrative hearing. The District shall promptly give :ten notice to all parties of the actin taken on the petition, and shall sate with : icularity its reasons therefor. (4) If a petition is filed that does not substantially comply with the requirement subsection (2) of this section, the District shall issue an order dismissing the petition h leave to fine an amended petition complying with the requirements of this rule within time period designated in the order. If an amended petition complying with this rule is filed with the District Clerk wit:in the designated time period, the petitioner's right s processing under Section 120.57, Florida Statutes. is waived. (5) If a valid petition is filed, with the consent of all parties and upon a 2U -wino '?ood cause, Board action cm the petition pursuant to Section 120.57(1)(b) shall be waived. Id cause" shall mean a set of circumstances unforeseen and outside of the control of the ton requesting the waiver. (6) when a valid petition for administrative heatng has bean filed. the Board action .1 defer consideration of the matter pending the completion of the administrative hearing the submittal of a recommended order, and any exceptions to that order. (7) If the Board designates a Bearing Officer assigned by the Division of :is:rative Bearings as the presiding officer, the District Clerk shall forward the .:.on and all relevant materials filed with the District to the Division of Administrative Tinos, and shall notify all parties of its action. ,.•... 3013 333 a.. 373 113 I 11 1.• rte•• 1311 MIL MAT. 7,1113 - M •3.a• rararw .aa.,w,n. ,aa.• S 12n. -M. ,10.4 u. i,..0 GENERAL CONDITIONS 1. ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT. ANY DEVIATION FROM THE PERMITTED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV, CHAPTER 373, F.S. 2. THIS PERMIT OR A COPY THEREOF, COMPLETE WITH ALL CONDITIONS, ATTACHMENTS, EXHIBITS, AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE OF THE PERMITTED ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQUEST BY THE DISTRICT STAFF. THE PERMITTEE SHALL REQUIRE THE CONTRACTOR TO REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT. 3. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED IN A MANNER WHICH DOES NOT CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION, AND PERMANENT CONTROL MEASURES SHALL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED. SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS BEEN ESTABLISHED. ALL PRACTICES SHALL BE IN ACCORDANCE WITH THE GUIDELINES AND SPECIFICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANUAL; A GUIDE TO SOUND LAND AND WATER MANAGEMENT (DEPARTMENT OF ENVIRONMENTAL REGULATION, 1988), INCORPORATED BY REFERENCE IN RULE 40E-4.091, F.A.C. UNLESS A PROJECT -SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES. 4. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL SUBMIT TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE FORM NO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE. 5. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR, THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITTED THE FOLLOWING JUNE OF EACH YEAR. 6. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY, THE PERMITTEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW, UTILIZING THE SUPPLIED ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION FORM NO.0881. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY, IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. 7. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMITTEE HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION (6) ABOVE, HAS SUBMITTED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE, FORM NO.0920; THE DISTRICT DETERMINES THE SYSTEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE ENTITY APPROVED BY THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995, ACCEPTS RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF THE PERMITTED SYSTEM BY THE DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107, F.A.C., THE PERMITTEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. 8. EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION OF THE PERMITTED USE OF SITE INFRASTRUCTURE LOCATED WITHIN THE AREA SERVED BY THAT PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR PORTION OF THE SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY. 9. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH THIS PERMIT, SUCH EASEMENT OR DEED RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO THE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMENTS REQUIRED BY SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - AUGUST 1995, PRIOR TO LOT OR UNIT SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM, WHICHEVER OCCURS FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OF STATE WHERE APPROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY THE COUNTY OR MUNICIPAL ENTITIES, FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BE RECEIVED BY THE DISTRICT WHEN MAINTENANCE AND OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILURE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT IN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS. 10. SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED_ SYSTEM, THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION IS REQUIRED. 11. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE OR CREATE IN THE PERMITTEE ANY PROPERTY RIGHT, OR ANY INTEREST IN REAL PROPERTY, NOR DOES IT AUTHORIZE ANY ENTRANCE UPON OR ACTIVITIES ON PROPERTY WHICH IS NOT OWNED OR CONTROLLED BY THE PERMITTEE, OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40, F.A.C. 12. THE PERMITTEE IS HEREBY ADVISED THAT SECTION 253.77, F.S. STATES THAT A PERSON MAY NOT COMMENCE ANY EXCAVATION, CONSTRUCTION, OR OTHER ACTIVITY INVOLVING THE USE OF SOVEREIGN OR OTHER LANDS OF THE STATE, THE TITLE TO WHICH IS VESTED IN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WITHOUT OBTAINING THE REQUIRED LEASE, LICENSE, EASEMENT, OR OTHER FORM OF CONSENT AUTHORIZING THE PROPOSED USE. THEREFORE, THE PERMITTEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNTY LANDS OR OTHER STATE-OWNED LANDS. 13. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20.302(4), F.A.C., ALSO KNOWN AS THE "NO NOTICE" RULE. 14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, ALTERATION, OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY THE PERMIT. 15. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS PART OF THE PERMIT APPLICATION, INCLUDING PLANS OR OTHER SUPPORTING DOCUMENTATION, SHALL NOT BE CONSIDERED BINDING UNLESS A SPECIFIC CONDITION OF THIS PERMIT OR A FORMAL DETERMINATION UNDER SECTION 373.421(2), F.S., PROVIDES OTHERWISE. 16. THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE, CONVEYANCE, OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM OR THE REAL PROPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E- 1.6105 AND 40E-1.6107, F.A.C. THE PERMITTEE TRANSFERRING THE PERMIT SHALL REMAIN LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS PRIOR TO THE SALE, CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED STAFF WITH PROPER IDENTIFICATION SHALL HAVE PERMISSION TO ENTER, INSPECT, SAMPLE AND TEST THE SYSTEM TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT. 18. IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE PROJECT SITE, THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. 19. THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE. SPECIAL CONDITIONS 1. MINIMUM ROAD CROWN ELEVATION: 2. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 3. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 4. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 5. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 6. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 7. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, PAVING, GRADING, AND DRAINAGE PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR PERMIT MODIFICATIONS. 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE PERMITTEE. PRIOR TO TRANSFER OF TITLE FOR ANY PORTION OF THE PROJECT TO A THIRD PARTY, MODIFICATION OF THE PERMIT WILL BE REQUIRED TO VERIFY CONTINUED COMPLIANCE WITH LIMITING CONDITION NO. 8. 9. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF A MUNICIPAL SERVICE TAXING UNIT (MSTU). OFFICIAL WRITTEN VERIFICATION OF ESTABLISHMENT OF THE MSTU SHALL BE SUBMITTED TO DISTRICT STAFF CONCURRENT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 10. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE PERMITTEES. UPON EXPIRATION OF THE LEASE, OR ASSIGNMENT OF LEASE TO A THIRD PARTY, MODIFICATION OF THE PERMIT MAY BE REQUIRED TO VERIFY CONTINUED COMPLIANCE WITH THIS CONDITION. 11. PRIOR TO MAY 05, 1997. THE PERMITTEE SHALL PROVIDE THE DISTRICT WITH SATISFACTORY EVIDENCE OF A DISCLOSURE STATEMENT WHICH INFORMS PROSPECTIVE PURCHASERS THAT THE WATER LEVELS IN THE PROJECT'S LAKE MAY DECLINE SIGNIFICANTLY AT CERTAIN TIMES AS A RESULT OF THE WELLFIELD PUMPAGE. 12. UPON SUBMITTAL OF AN APPLICATION FOR CONSTRUCTION AUTHORIZATION THE PERMITTEE SHALL FURNISH TO THIS DISTRICT DOCUMENTATION OF OWNERSHIP. 13. SILT SCREENS, HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. 14. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 15. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/ COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 4 THE IES iE TER S ,IS ED TY Light o '0 l.ignt Heliport 6 � ' �� Harbor \oini • real •'-: Flat L gnto, Hurricane1 kfrabon Southwest %Pei,'y Point v 9� SITE Coral Shcal THE PINES CANAL Project Location Carney Environmental Consulting Services. Inc. 6435 SW 85 Street Miami, Florida 33143 FIGURE 1 Cale Florida West Mashta Drive Bridge Village of Key Biscayne Dade County, Florida Project: 960701a July 22. 1996 OAO( CauvIr R* IC .aunt PrPI memoir p,VJSKW ..... 30E408 ..►. i - • \1 , , ,► 1 , , 1 , p• , Ma. an 4040 I, , , .• •' ,1 1 1 1 J .► :_—► w ' u• r -•-_--, -I --, -•. ..w —_.404..1 r v -" —=-1 '' ••...• EXHI6IT 2, -, > WEST AAASHTA DR • — croon gamma Ma. t— '_. .7.7.7. ►�-� 1, 44) mss^' �1 /•,/ P. S T P. wan WV -•n -i I•••— I • •••• 1•0•••• PLAN (EXISTING CONDITIONS) tcuJ. 1 •W PERMITTING DRAWINGS NOT FOR CONSTRUCTION 1-97 / ✓ ▪ a. •w • ••l •••• •• 00. 4. / / / / / JAM [7) N// / f ACJIJ'12 .. fl.:• 0....L • M ■.a to ■HM ( -;AP, £.41.11 COMRRTAMfI ti a w• .••• v l•a tw •ww .-- ll.T• I>•.1 M.•NM •w ••• •••H • ra •vw •Vw Nab • ••a • Ian* •Nw •••4040• w •t••f. C .1.111. • I MASHTA BRIDGE PERMIT PLANS F 1 I / • TURBIDITY CONTROL PLAN WEST MASHTA DANE BRIDGE UALIft I..•. Ion a •..• w //ft -- A••i• Irn V WINN — — •.••o MAIM •••Mn NINA ■ K M•I•Y .••••.1 ® •••II I OI.MC1•IOI M• •f IOn MI Sae O• M•• n1••O (•.•IC ._IW P till ®Nu/ I ry•M ICA *MA OM IRO. PCfl I.••• P• M•C g .O (••,IC W..Y • MU M[ M w•), NOTE .r r .aeon war .0 R vvl w ra.o• 50.04 K••• M _s Chao,/ •••l •AI w Si •Aegon •••••u w -- nr .vRS M -ma, ••• MI • .•.01'S I•ViO — Ips••Cn• N. N N N N N EXHIBIT3 J f O 7. t•/ / t s/ j / 1,/r ••.. , `• ; : -',...... , PERMITTING DRAWINGS NOT FOR CONSTRUCTION 1-97 Irma- C *I Tr Pest. IC aO?KS M•GSlwr DI VISION • soasos .•I• s N OmIN Wel tiM••• YI•••I NOTE • Iwa WINO M•••M •• MAW >..+ w /OM • AIM l M• KM1. IMO 411•MO NI ► KN. I Mot. Iwo *anima M 1 • •w.i / n•. •w www fI • ON. CFI•K•. M CM••CIO• 11••• Masi, •R• r_.I •••ACO CPCOC—a C•.•IR.• •• A NO • •a I. •••••• t J�GA/ !•10•••••••0 CONMITAM7* S NI oft •C •• AN f• II• I••I 14• Lti � ' ITN •• I .Ti• S• Cw C•+. I'r 11lM III• .MOWS C h[•C[. C. MASHTA DRIVE BRID MO! cOCMrr it161 IC 000015 Q(rr. M/G•Mr Dlvlsl0q 1•n 30(000 1•0 3 4 3 SO "" 00004 01 CLInOI 10.11 n 000 "7no. u1( �1l (-Lm p110r 00 CMrC e ►O1ur f +R•0.41 1l.• x[01.110( 1b1A 0011' - 101110.0 7 00M MY TIiF (►0000000 00 1) 0.00 1MAAO0W rn OCCOO.IM 1041(0 00$ OM W01•0 MYI- f0•I x1 1•011 u[ .•(411 CO..l1(11 COIT(11 111- 111 111 111 . 111 1 �I.III III III III 111((YM OW ►OOM110 OKOOS NI CANAL END ELEVATION (EAST SIDE) %CM11 0 1%. PERMITTING DRAWINGS NOT FOR CONSTRUCTION 1-97 H010•CM SLY x(00.40( 104110 Oy U•1 Wr10 'M1 (111040 SANK. lalL OMI 000 500:010 0[[000.1•0 10 TO1rq.1111 x0011 w . 11.1. .. 0. w. IOL p 11 (-S.AI OMOOK(1o00 COMl4T0.•T% O.1• W 1101 «1_11,1 r. •• •• WY +1 • • «..• w V • M.l ..1.1•• • MASHTA BRIDGE PERMIT PLANS IL Ins '00f10. 01 CkL•(It w0r1 tL. 100 n0+ u4 Of venal a �t4� 100 MLL W EXHIBIT S (MY( r -r 1/111 11011/0. 1001K 104 POOKall 7•-L• • 11•-0. 1•-`• ItAttIC 1..( r ►0010100 IL S» r -r ••-(• CMOM 1501..(5 d -- —_— ---77.4,17-.=, -F .1$ �� 1� 501 as. -Z z fun LM1 err. • • , • now I14 \ swat 10.0•.1 SWOKt swat O t0. 10 (( St 101/1001 aIr /.v(.(.r s.0 0(411 011.(111 111110 (.1(11.0 .010 P0000110 001100 01 C..+S — 011010(0 14MI•.1( _ All P0( .00 S0K-0 KC0101.0 10 10u110.11pr 1(1001 ROADWAY SECTION A -A (MASHTA BRIDGE) 1C0O . 11 PERMITTING DRAWINGS NOT FOR CONSTRUCTION 1-97 01Df c((NIr I1.6i1 lc rd0.rf DtP►. NIfio(1•r DIVISION ..•1•M 70[600 • ( M • .00.1 .64 _ I 0( • 5,.. 15 (-CAP (No•O((1Mq COMMA 1.MTA ti . r .. 1.... -mow i...--w1-rw•M •• •• ( MOSS .•w• 1 VISOR • 0 11• •f • MOSS Nis/ MASHTA BRIDGE PERMIT PLANS Turbidity Control & Monitoring Plan for West Mashta Drive Bridge Construction Village of Key Biscayne, Florida I. Introduction & Background This turbidity control and monitoring plan has been prepared to support the proposed bridge construction at West Mashta Drive in the Village of Key Biscayne, and to comply with item #6 of the South Florida Water Management District (SFWMD) letter dated 4/9/96, regarding the Standard General Environmental Resource Permit application #960312-12. The plan has two primary components as follow: (1) prevention/control of erosion and soil particle runoff into the canal from possible construction staging areas adjacent to the canal; and, (2) prevention/control of turbidity associated with in -water work during the bridge construction. The turbidity control and monitoring plan will be in effect throughout the period of bridge construction, presently projected to take place between 5/28/97 and 2/3/98 Each of the two components of the plan is discussed individually in the following sections. II. Prevention/control of erosion and soil particle runoff Controls, monitoring, and reporting are discussed in sequence below. Controls Silt fences will be constructed at locations where surface runoff from construction and/or staging areas could enter the canal. Straw bale dikes will be placed around stormwater catch basins in the vicinity of the construction area which may discharge to the ranal. The silt fences and straw bale dikes will remain in place for the duration of construction. Monitoring The integrity of runoff controls will be visually checked on a daily basis, and maintenance/repair to the controls will be performed as needed. If evidence of erosion and soil particle runoff into the canal from construction and staging areas is noted, repairs or additional measures will be implemented immediately. Monitoring of runoff controls will be performed for the duration of construction. Reporting The Consultant Fngineer Inspector (CEI) staff will inspect the integrity and efficacy of runoff controls on a daily basis. A record of the inspections will be compiled and submitted to the h:\wp51\keybisc\turbplan.rpt PY111121T F. A 1 019442.0001 (07/23/96, 18:57) I I SFWMD on a weekly basis. The weekly report will summarize the results of each daily inspection and the time and weather conditions during which the inspection was performed. I If an incident of suspended solids transfer into the canal occurs, the incident will be documented and reported along with (1) the tidal stage and direction of flow, (2) the wind direction and velocity, and (3) the response taken to correct the incident. I III. Prevention/control of turbidity associated with in -water work I Controls, monitoring, and reporting are discussed in sequence below. Controls 1 Sheet piling and turbidity curtains will be used to prevent violations of water quality standards as outlined in Florida Administrative Code Chapter 62-302. I The attached figure, Turbidity Control Plan, indicates the planned locations of sheet piling and turbidity curtains, and the phased approach to be used for construction. The approach for Phases I and II will be identical: after the sheet piling has been installed, construction of I the bridge foundation, headwall, bulkhead, and culvert will occur within the area enclosed by the sheet piling (two-way traffic will be maintained on the opposite side of the bridge). The sheet piling and phased approach will have two turbidity control benefits: (1) construction within, the boundaries of the sheet piling will limit turbidity concerns to those times when the sheet 'piling is installed and removed: and, (2) flow will not occur underneath the bridge until I Phase II has been completed and the sheet piling along the center of the road has been removed. It should be noted that the existing bridge does not permit flow from one side of the bridge to the other (divers found no evidence of a culvert, thereby confirming that a I culvert never existed or has fully collapsed). While turbidity creation should be limited to those times when the sheet piling is installed I and removed, turbidity curtains will be left in place as a precaution for the_ duration of construction. A note will be added to the construction plans to require that turbidity curtains of sufficient length and depth be used for this site. Monitoring Turbidity monitoring will be done in two phases as follow: I (1) monitoring prior to construction to establish a reference for natural background I conditions; and, (2) monitoring during the installation and removal of the sheet piling. L Each phase is described below. I I h:\wp51\keybisc\turbplan. t 2 019442.0001 (07/23/96, 18:57) 1 EXHI IT 6) 6 II I Turbidity monitoring prior to construction Because the existing bridge does not permit flow from one side to the other, and I accordingly the influence of the tide causes water on one side of the bridge to move in an opposite direction from water on the other side, it will be difficult during I construction to define "background" and "compliance" samples in the customary manner. For example, during an incoming tide, water moves toward the bridge on both sides, and no "down -current" sample location presents itself; similarly, during an I outgoing tide, water moves away from the bridge on both sides, and no typical "up - current" sample location is available. It has also been noted in the field that water in the area of the bridge is naturally turbid due to the lack of flow under the bridge - a I variety of organic materials are carried in on the incoming tide to settle and degrade in the "dead-end" areas on either side of the bridge. Due to the conditions associated with the lack of flow as described above, turbidity 1 monitoring prior to construction is proposed to establish background data which may prove helpful for comparison with data obtained later during construction. The pre- !, construction turbidity monitoring will be performed on both sides of the existing bridge during (1) incoming tide, (2) slack tide, and (3) outgoing tide. A minimum of 5 locations will be selected on each side of the bridge, extending away from the bridge at intervals of approximately 30 feet along the canal centerline. Samples will be collected at the surface of the water and one foot above the bottom. Turbidity will I be recorded in Nephelometric Turbidity Units (NTU). Turbidity monitoring during installation and removal of sheet piling I The CEI staff will monitor turbidity during the installation and removal of the sheet piling. Water turbidity levels will be monitored and recorded twice daily, at least I four hours apart. Samples will be collected at the surface of the water and one foot above the bottom at monitoring stations which will be located along the canal centerline as follows: (1) within 100 feet of the work site, and within the densest I portion of any visible turbidity plume, to reflect conditions which may be directly influenced by the construction; and, (2) greater than 100 feet from the work site to approximate natural background conditions. Monitoring locations will be adjusted in accordance with the phased construction as follows: • during Phase I, samples will be collected on the west side of the bridge; I • during Phase II, samples will be collected on the east side of the bridge; and, I• during the removal of all sheet piling at the conclusion of Phase II, samples will be collected on both sides of the bridge to reflect the flow -through I conditions which will exist for the first time. I h:\wp51\keybisc\turbplan.rpt 3 019442.0001 (07/23/96, 18:57) I I To the extent possible, sheet piling will be installed/removed as slack tide approaches to coincide with the least. favorable conditions for the migration of suspended materials. After the sheet piling is first installed in each area, samples will be collected to demonstrate the effective control of turbidity. Visual monitoring will be conducted on a daily basis throughout construction to ensure that additional turbidity 1 controls are not needed; the integrity of the turbidity curtains will be checked, and maintenance/repair will be made as required. After the final removal of the sheet piling, turbidity curtains will be left in place until turbidity measurements confirm that I suspended materials within the controlled area have settled. Reporting I A record of the turbidity monitoring will be compiled and submitted to the SFWMD on a weekly basis during the installation and removal of the sheet piling. The following information will be provided in each report: I• permit number; • dates and times of sample collection; I• description of data collection methods; • map indicating sample locations; • sample results (NTU); I • sample depths; • weather conditions at time of sampling; • wind direction and velocity at time of sampling; and, • tidal stage and direction at time of sampling. I Each report will also contain a statement by the individual responsible for the implementation of the sampling program concerning the authenticity, precision, limits of detection, and accuracy of the data. The pre -construction turbidity data will also be tabulated and submitted I along with the turbidity reports to permit a comparison to pre -construction conditions. I I I I I 1 h:1wp511keybisc\turbplan.rpt 4 019442.0001 (07/23/96, 18:57) , :>- EXISTING ROADWAY LEGEND: EXISTING LIMITS OF CANAL AND BRIDGE PROPOSED LIMITS OF BRIDGE - - PROPOSED CULVERT -m TURBIDITY CURTAIN TO BE MAINTAINED EXHIBITL e- a. THROUGHOUT CONSTRUCTION PHASE I CONSTRUCTION AREA WITH STEEL SHEET PIUNG ALONG ENTIRE PER!MEltk (TRAFFIC MAINTAINED ON EAST SIDE OF ROAD) PHASE II CONSTRUCTION AREA WITH STEEL SHEET PIUNG ALONG ENTIRE PERIME I tip (TRAFFIC MAINTAINED ON WEST SIDE OF ROAD) METCALF 8c EDDY AUINIIIMA SATE 700 TURBIDITY CONTROL PLAN WEST MASHTA DRIVE BRIDGE VILLAGE OF KEY BISCAYNE WEST MASHTA DRIVE BRIDGE PERMIT SUMMARY SHEET APPLICATION NUMBER: 960312-12 LOCATION: DADE COUNTY, S5/T54S/R42E OWNER: VILLAGE OF KEY BISCAYNE ENGINEER: CAP ENGINEERING CONSULTANTS PROJECT AREA: 1.00 ACRES DRAINAGE AREA: PROJECT USE: HIGHWAY FACILITIES: 1.00 ACRES 1. EXISTING: The site presently has an existing causeway with a collapsed culvert designed to connect the waterbodies. 2. PROPOSED: The permittee proposes to replace the existing causeway with a bridge, thus restoring the hydrologic connection between these two waterbodies. This permit includes the SLERP easement authorization for the dredging of less than 0.1 acre of sovereign submerged lands for the replacement of the existing causeway with a bridge. WATER QUALITY: ENVIRONMENTAL ASSESSMENT: Exhibit 7a WEST MASHTA DRIVE BRIDGE PERMIT SUMMARY SHEET PROJECT SITE DESCRIPTION: I The project site is a short, earthen causeway which connects Key Biscayne to Mashta Island. This earthen causeway separates two artificially created water - bodies. The causeway shoreline consists of limerock fill/rip-rap and supports I sea grape, Australian pine, buttonwood, seaside mahoe and ink -berry. A subsurface evaluation of ti1e project area indicated that the substrate consists of loosely consolidated sediments and is devoid of vegetation. IA state lands determination was conducted for the existing causeway and waterbodies. This determination revealed that the entire area is sovereign lands. EXISTING ON SITE WETLAND COMMUNITIES: I ID TOTAL BIOLOGICAL COMMUNITY COMMUNITY NO ACREAGE CONDITION TYPE ACREAGE ` 01 .10 POOR STREAMS AND WATERWAYS .10 TOTAL ON SITE WETLAND ACREAGE: .10 EA 1 ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN: 1 POTENTIAL SPECIES USE POTENTIAL TYPE OCCURANCE WEST INDIES MANATEE CORRIDOR KNOWN RANGE I ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: I While the project site does not include preferred habitat for endangered, threatened, or species of special concern, the adjacent waters may provide I habitat for the West Indian Manatee. This permit is conditioned to provide for manatee protection during construction activities. This permit does not relieve the applicant from complying with all applicable rules and any other I agencies' requirements if in the future, endangered/threatented or species of special concern are discovered on the site. I I I Exhibit 7b I WEST MASHTA DRIVE BRIDGE PERMIT SUMMARY SHEET LEGAL/INSTITUTIONAL: The proposed sovereign submerged lands easement is described in Exhibit 8 which includes 1,563.17 square feet. The easement specific conditions and the Delegation of Authority form are attached as Exhibits 9 and 10. WETLAND PRESERVATION AND IMPACT SUMMARY: The proposed project involves the repacement of an existing causeway with a bridge. This permit includes authorization for a public easement over lands identified on Exhibit 8. ENVIRONMENTAL SUMMARY: The proposed project involves the replacement of a non-functional 48 -inch culvert with a bridge crossing to Mashta Island. This bridge replacement will result in the increased flushing and circulation within the surrounding water - bodies and a decrease in fill placed in the water body. The proposed activities have been evaluated for potential secondary and cumulative impacts and to determine if the project is contrary to the public interest. Based upon the proposed project design and the mitigation plan, the District has determined that the project will not cause adverse secondary or cumulative impacts to the water resources and is not contrary to the public interest. DIVISIONAL APPROVAL: N I RESOURCE AGEMENT Cad,.4 f\l\ • DATE: 3/1 A 1 Robert M. Brown Exhibit '� SPECIFIC PURPOSE SURVEY SECTION 5, TOWNSHIP 55 S, RANGE 42 E Math • ....MY .... Y ••••..•.. ....... « . • 1-16[1 VIM r1-�� # Pa .. A W . . ..a Owl a•.• -. .• RR Oa I /`, • r.a , wa J. I.."It Sr ..N II LOT 17 QM @el( D / » ): 6b ! _ 'MASHTA ISLAND' �1 sy� NAND() L GATELL P.L.S..INC aM•6••I.aaL M.RM• .M Y.r..Y II AN 1.46 a... .N. 11 11w ,N a11I, PS 196. 1Na. IN- ). 1.1. e1N• 11151.• 11411. .•• war 411•••.. LOT 22 -• DBL@ H - +PB. 5Q / PG: 61 `'BISCAYNE KEY ESTATES' / ,/: • Ai •,1 =sr... • N0 Ajy��� • /) \.1 • °ti4,9 �8p9 , �' •09 F is _Q • ., ,�•► s.�+ LOT f ®LoQa 2 1S ` 'CAPE FLORIDA SUBDIVISION' aalaav as _.. Sri `r f/ • LOT 1. IPB 781 PG. --8J] 'SMUGGLERS COVE' MSyT4•. A/1'F — i •.1 ur,• a•.1. 4 7- p 4. iminamti ►, iI kWh Yat triE Of KEY KI$CAYSII EXHIBIT 8 I - n_n. M... ••" •••sm.sr .1.••1••111 •R _ 1w /4004 .2644, rase Y nw1 ••••••, ••••••••••••n_n.. n_ y w PIPPOP •1. P aNN••• w. W mw 1111••• SPECIFIC CONDITIONS 1. GRANTEE AGREES THAT ANY DISPUTE ARISING FROM MATTERS RELATING TO THIS CONSENT SHALL BE GOVERNED BY THE LAWS OF FLORIDA AND INITIATED ONLY IN DADE COUNTY, FLORIDA. 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 OF 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 REFUSES TO COMPLY WITH THE PROVISIONS AND CONDITIONS OF THIS CONSENT, THE EASEMENT 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 ' RICH TO CORRECT THE VIOLATION. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THIS PERIOD SHALL RESULT IN THE AUTOMATIC REVOCATION OF THIS EASEMENT. EXHIBIT ct SPECIFIC CONDITIONS 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 PERMIT 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 SOVEREIGNTY 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. SUBMERGED LANDS AND ENVIRONMENTAL RESOURCES DELEGATION OF AUTHORITY ACTION DELEGATION OF AUTHORITY NO. EASEMENT/LEASE NO. APPLICATION NO. ACTION TAKEN: APPLICANT/LESEE: COUNTY/LOCATION: CONSIDERATION: STAFF REMARKS: 960312-12 (1) Issuance of Public Easement containing less than 0.1 acre (1563.17 square feet) more or less, for the replacement of existing causeway with a bridge. Village of Key Biscayne 85 West McIntyre Key Biscayne, FL 33149 Dade County, S5/T54S/R42E $ , representing(1) $ as a one-time fee including the easement value; Sales tax will be assessed pursuant to Section 212.031, F.S., if applicable. See attached Staff Report REVIEW/ROUTING 1. Environmental 2. Surface Water 3. Environmental 4. Surface Water Reviewer Reviewer Supervisor Supervisor APPROVED BY (SIGNATURE) / DATE A-Wak- Q7 4_7() ev. 3/1 A „ EXHIBIT io 0 z 0 0 AT J N1 a_ , Q 3' 0 'tar Rang.. Front Light "8". (tight "8", 1980) U. S. COAST AND GEODETIC SURVEY TOPOGRAPHIC MAP No. T-5627 FLORIDA BISCAYKEY BISCAYNE AND BAY �RGINI A KEY SCALE 1:10,000 (1 inch..833,33 ft.) Geodetic Datum: CONTROL DATA North American Reference Station: Cape Florida Lighthouse Latitude: 25° 39, 58.90T" (Old Tower), 1860 (1812 Longitude: 80° 09' 22.408",40&� .5 meters) ( X5.0 meters) (Unadjusted) A Triangulation Stations LEGEND 0 Recoverable Stations of 0 is ma Described Recoverable lass than third order accuracy *Moil Stations compiled from air taken Jan. 25, 1935 photo ra hs productI oilhe original c ,swing = 0 / ,4T7r1-7 2- 80°08' Fos an �rrr >41 21- Pap 4( c:;67 7 toGcc,,tt,Y"t-31,,c �/L�� • 'L ;� Y/_� 44i L7.1 . 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" JSF 5 �� ' " f' KEY_ iIUA YPJE " " .t" 4-- Y >PA.... .. l �� .. 6r I.....a. 1' (..4 '1 1"-- Az'' ', _:(,5' . tea...'7//,S.r,...,.4....4!r.Y.7...I.fi..ft1.t " L" " fig r Y """'.0 .'f ��' yT" ." " .+" .�� ) 'IlI'" " e " ' w'r' " w ��+ A�% h" 1 - �� + .. " " " _ " tt i " . .4i " fg •-.„„ird, • • 'y 1� • !t' • • ii `�.� • . \• I • ki(9-'-le - 0,5"-AllOiki 4 Ma. i' �PC�fS (` • / ., ,•'? a ''/ I, '-- (7.,.cll. c 7D EXH I BIM A -. • • • r ).11,0,J /'f�r i RECt3o D fl ICN SYSTEM mast= (KR nelson DER USE CHLY) FILE NUMBER: 132830446 i APPLICANT: VILLAGE OF KEY BISCAYN E ` ADDRESS/BUREAU : HURRICANE HARBOR COUNTY: 13 DALE TYPE OF AC1'ISfl1T: REPLACE BUDGE PROJECT IISATICN: MCITCti WINSHIP RANDS SiXTICN =WHIP RAMC I 6 55S 42E SECTION T.7FMS3IP RAISE REDI COJ1I'Y :13 REDI YEAR :1993 FICHE CARD ND:000 AERIAL VL ND : AERIAL PG ?0:000 FICHE REGION :0 ITAX NAP VOL :3 TAX MP PG NO: 0325 FICHE FRAME : PLAT BOOK :000 PLAT BOOK PG:0000 T -SERIES MAP #5627 DAZED 1935 IXD COAST CHARM - MARL' Nxr BER: — GIBER COAST C RAWS - ausse Pilot: r tam i i S. QUADRANGLE MAP: NMBR DATE NAME 272A 1988 K BISCAYNE = DU KEY BISCAYNE CHART DAZE: CHART DAZE: AEJtIAL PHOIO FILE: CARDS: LEASE 2389 BILL BAGGS/CAPE FLORIDA 18703, 18966, MAN. AGREE. 745-0002; NONE APPLY NONE AT S/T/R EXHIBITu ►r i i SOLI INVEMMY SOLI NUMBER RELEVANT 133790.0 N NOME BILL BAGS/CAPE FL S.R.A. IN SEC. 5 AND 8 133810.0 N SUB LANDS LIAIBC PRESERVE: Y ISCAYNE BAY - CARD SC U D liniat TERMY NAME AT LUCATICN OF ACTIVITY: CANE HAMM i 1111 00 6 1 z. I t r r r i- I .�,yy 0He',. . " •� — :s= ?y , / -.-..... r / ,\ Overt Pont 21 / BM 3 M■fMN �i//% .::110. I r r I f I 3r ��r ff St .1 i r ' I Lightw ( / r - / _ :. =x•< < _#} ; 29 •ti's ;yv .yf V �, ; , S} ` •i� I 28 •r lSN p" T A / , _ - a•• thief �. / 1 fir/ � !. 0 .r' , <•~° sr, light• Li - I. .`:-,•;;'_ _ ;h -` 4.. .,ark 1'- �;s, • "_ `.,=ei..lf ` ,+ rr Z1Z" -4 " ',;''t 1r•�� Light a ' 41 ii fis ABM' - ,.. /, .. . � y _' . , / V l ; G[ Q L,gAt I py.‘' Llil o I , �`a ti I s Mahpart I / w I 1 Harbor p r . re t , Flat Lphtd\ Hunicanekigrb6n • �a�'it Itr • i . ;' Point :1%, SSE ;, �' ..� • z ._ ..,.."".M.. re o I. , .c. No Nam �f I : - o Harbor I • l/ \ /' r—// "^1_ P� carar r —L er, \ •r • i eN Cap■ Fiona. Sold Floods ogt■ r row •. -.:.Y.-'}!'- - •, Appraisal & Ownership Data Co. 2351 W. FLAGLER ST. • MIAMI. FL 3:1135 • 1305) 649.5700 DATE : 8-16-95 VILLAGE OF KEY BISCAYNE 85 WEST MC INTYRE STREET KEY BISCAYNE, FLORIDA 33149 RE: PROPERTY OWNERS LIST WITHIN 300 ' FEET FROM: 491 N MASHTA DR. (STREET ADDRESS) KEY BISCAYNE, FLA. 33149 LOT 1, SMUGGLERS COVE, P8 78-83 (LEGAL DESCRIPTION) DADE COUNTY, FLA. THIS IS TO CERTIFY THAT THE ATTACHED OWNERSHIP LIST, MAP AND MAILING MATRIX IS A COMPLETE ANO ACCURATE REPRESENTA- TION OF THE REAL ESTATE PROPERTY AND PROPERTY OWNERS WITH- IN 300' FEET OF THE SUBJECT PROPERTY LISTED ABOVE. THIS REFLECTS THE MOST CURRENT RECORDS ON FILE IN THE DADE COUNTY TAX ASSESSOR'S OFFICE. SINCERELY, (SIGNATURE) APPRAISAL & OWNERSHIP DATA CO. ORIGINAL SUBMITTAL MAR 121996 YVPB EXHIBIT it K -1- -2 - MERCEDES CARDENAL 2111 TIGERTAIL AVE. MIAMI, FLA. 33133-3243 KEY NORTH CORP. 451 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 KEY NORTH CORP. 451 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 CHARLES R LIPCON 430 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 CARLOS DEL CORRAL 460 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 MAGNAVEST NV 18 HARBOR POINT DR. KEY BISCAYNE, FLA. 33149-1433 BELMAR NV APDO AEREO:6519 CAL I COLOMP I A . ANTONIO F FERNANDEZ PO BOX 2625 SAN JUAN, P:R. 00903 ROBERT N DAVIS 850 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 860 HARBOR DR. CORP. 3750 NW 117TH. AVE. # 660 MIAMI, FLA. 33178 LORNE A SMITH 870 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 EDWARD SCHULTZ 880 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 WILLIAM H HEGAMYER 511 N MASHTA .DR. KEY BISCAYNE, FLA. 33149-1718 JESSE QUIROGA 501 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1718 JOHNJ. DONOGHUE ANCLA INVESTMENTS' S.A. 820 HARBOR DR. C/O BANCO BILBAO VIZCAYA KEY BISCAYNE, FLA. 33149-1728 2 SOUTH BISCA. BLVD. # 3301 MIAMI, FLA. 33131-1804 EMILIO R NOSEDA 425 W MASHTA DR. KEY BISCAYNE, FLA. 33149-1749 NATHAN A JACOBSON 520 N MASHTA DR. KEY BISCAYNE. FLA. 33149-1719 LAWRENCE F NEUMANN JADES H BREWSTER 830 HARBOR DR. 500 N MASHTA DR. o 4uRS COVE. P8 78-83 -1- 2 MERCEDES CAROENAL NT 2111'TIGERTAIL AVE. MIAMI, FLA. 33133-3243 3 KEY NORTH CORP. 4 MASHTA OR. 451 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 KEY NORTH CORP. N MASHTA DR. 451 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 5 CHARLES R LIPCON ' MASHTA DR. 430 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 �,.w EXHIBIT f1 1 CARLOS DEL CORRAL '460 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1717 r 6 8 MAGNAVEST NV T 18 HARBOR POINT DR. KEY BISCAYNE. FLA. 33149-1433 MASHTA OR. YNE KEY'ESTATES; " --L9. LOT 21 'ARBOR DR. BELMAR NV APO° AERE0:65.19 CAL I COLOMBIA. JOHN'J. DONOGHUE '820 HARBOR OR. KEY BISCAYNE. FLA. 33149-1728 2 LESS BEG NWLY COR ELY ALG N/L 191.66 FT SLY ALG E/L 94.11 EMILIO R NOSEDA f 193.52 FT NLY ALG W/L 60 FT TO P08. '425 W MASHTA DR. MASHTA OR. KEY BISCAYNE, FLA. 33149-1749 &Y COR LOT 22 ELY ALG N/L 191.66 FT SLY ALG E/L 94.11 FT 193.52 FT NLY ALG W/L: 60 FT TO POB ARBOR DR. LAWRENCE F NEU ANN 830' HARBOR DR. KEY BISCAYNE, FLA. 33149-1728 - FLORIDA SUB:.SEC. 1.••"p8'68-81 1 ANTONIO F FERNANDEZ NT PO BOX 2625 SAN JUAN, P.R. 00903 -2- 2 ROBERT N DAVIS HARBOR OR. 850 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 3 060 HARBOR DR. CORP. HARBOR OR. 3750 NW 87TH. AVE. 0 660 MIAMI, FLA. 33170 4 LORNE A SMITH 4ARBOR DR. 870 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 5 HARBOR DR. (A I SLANO • REPCAT • OF • TRANS • A -8-C . K,1 15 LESS NWLY 25 FT L LOT 16 LESS SELY 25 FT. 1 MASHTA DR. 25 FT LOT 16 & ALL LOT 17 N MASHTA DR. ( 4 0 4 MASHTA OR. P8 65-65 EXHIBIT �� o EDWARD SCHULTZ 880 HARBOR DR. KEY BISCAYNE, FLA. 33149-1745 WILLIAM H HEGAMYER 511 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1718 JESSE DUIIiOGA 501 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1718 ANCL.A INVESTMENTS S.A. C/O BANCO BILBAO VIZCAYA 2 SOUTH BISCA. BLVD. 0 3301 MIAMI, FLA. 33131-1804 9 NATHAN A JACOBSON N MASHTA DR. • 520 N MASHTA DR. KEY BISCAYNE, FLA. 33149-1719 10 N MASHTA DR. JAMES H BREWSTER • 500,N MASHTA DR. KEY BISCAYNE, FLA. 33149-1719 STAFF REPORT DISTRIBUTION LIST PROJECT: WEST MASHTA DRIVE BRIDGE APPLICATION NUMBER: 960312-12 PERMIT MODIFICATION NUMBER: 13-01003-P INTERNAL DISTRIBUTION Reviewer: X Ronald M. Peekstok X Robert M. Brown X M. Balbin - MDR X M. Cruz - REG X J. Golden - REG X E. Hopkins - UDP X R. Robbins - NRM X Service Center Director - MDR X A. Waterhouse - REG X Enforcement X Environmental PPC Reviewer X Field Engineering X Office of Counsel DEPT. OF ENVIRONMENTAL PROTECTION X West Palm Beach EXTERNAL DISTRIBUTION X Applicant: VILLAGE OF KEY BISCAYNE X Applicant's Consultant: CAP ENGINEERING CONSULTANTS X Engineer, County of: DADE COUNTY X Dade -DERM (Harvey Kottke, P.E.) -DERM (Isaac Sznol, P.E., P.L.S.) BUILDING AND ZONING OTHER X F.G.F.W.F.C. X Florida Audubon - Charles Lee X Renate H. Skinner, Ph.D EXHIBIT 12 STAFF REPORT DISTRIBUTION LIST ADDRESSES Renate H. Skinner, Ph.D DEP, Parks District 5 3 LaCroix Court Key Largo, FL 33037 EXHIBIT 12 METROPOLITAN DADE COUNTY, FLORIDA BERM ENVIRONMENTAL RESOURCES MANAGEMENT 33 3.W. 2nd AVENUE MIAMI, FLORIDA 33130-1640 (3%) 372476!4 COMPLETENESS SUMMARX COASTAL CONSTRUCT/ON PERMIZ AP +XCh KPH PROJZCT NO, CC95-227 RROJWZ NAME: VILLAGE OF KEY BISCAYNE PROJECT ADDRESS: HURRICANE HARBOUR - WEST MASHTA DRIVE BRIDGE DATL: JANUARY 10, 1996 4ANAGER AT J)ERM: JOANNE.CLINGERMAN THE FOLLOWING ITEMS WERE OMITTED OR WERE FOUND TO BE INCOMPLETE IN YOUR APPLICATION AS SUBMITTED: FOUR (4) COPIES OF SIGNED AND SEALED ENGINEERING PLANS WITH LOCATION MAP STRUCTURAL APPROVAL FROM THE VILLAGE OF KEY BISCAYNE MANGROVE MITIGATION BOND MUST BE POSTED IN THE AMOUNT TO BE DETERMINED RIPRAP MITIGATION BOND MUST BE POSTED IN THE AMOUNT TO BE DETERMINED MANATEE PROTECTION BOND MUST BE POSTED IN THE AMOUNT OF $25,000.00 CORAL PROTECTION BOND MUST BE POSTED IN THE AMOUNT OF $500.00 TURBIDITY MONITORING AND WATER QUALITY CONTROL BOND IN THE AMOUNT TO BE DETERMINED PERMIT FEE OF $5,300.00 IS DUE PRIOR TO PERMIT ISSUANCE DEP APPROVAL OR EXEMPTION FOR THE USE OF THE SUBJECT SUBMERGED LANDS NAME, ADDRESS AND TELEPHONE OF THE CONTRACTOR WHO WILL PERFORM THE WORK PLEASE SUBMIT THIS INFORMATION AS SOON AS POSSIBLE SO THAT WE MAY COMPLETE THE PROCESSING OF YOUR APPLICATION. ANY QUESTIO)15 SHOULD BE DIRFjCTED TO THE DERM PROJECT MANAGER LISTED ABOVE. 6735 SOUTH LOIS AVENUE • TAMPA, FLORIDA 33616 P. O. BOX 22869, TAMPA, FL 33622.2869 PHONE (813) 837-2991 - FAX (813) 839.8921 Office of the Village Manager Village of Key Biscayne 85 West Mc Intyre Street Key Biscayne, Florida 33149 August 12, 1997 Re: West Mashta Drive Bridge Design Build Documents Project 3011-B June 27, 1997 Cone Constructors, Inc. is pleased to respond to your solicitation for proposals for Design, Permitting, and Construction of the "West Mashta Drive Bridge project" to be constructed within the Village of Key Biscayne. We feel that we have put together an extremely knowledgeable and experienced Design -Build Team consisting of all well-known and respected designers and contractors. You will note after reviewing our design plans that we are proposing to maintain two-way traffic at all times during construction, instead of a single -lane traffic approach required. It is our experience on previous projects that single -lane options do not provide adequate safety. We offer our proposal and qualifications for your review and are available to answer any questions you may have or meet with you at any time. Sincerely, CONE CONSTRUCTORS, INC. Stephen D. Kaspe Vice President of Special Operations PROPOSAL FORM PART B WMBD PART B PROPOSAL FORM (PF) VILLAGE OF KEY BISCAYNE, FLORIDA PROPOSER COPE CorzsrswcroRS, lac DATE: August- 1 7, 1 997 ADDRESS L?3S Sourl Lots PUENUE TINPR, Ft.oRtoq 3314.16 TELEPHONE NO. 813 -837 -rig I 813. 839-89Zi (mmx) PROJECT TITLE: WEsr MASHrq DRIVE BRIDGE PROJECT NO. 3011-8 THE UNDERSIGNED, AS PROPOSER, HEREBY DECLARES THAT: The only person or persons interested in this Proposal as Principal, or Principals, is or are named herein and that no person other that herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connections with any other person, company or parties making a Proposal; and that it is in all respects fair and made in good faith without collusion or fraud. The Proposer further declares that it has examined the Acquisition Documents and the site of the Work and is fully informed in regard to the design, construction and other work to be performed and accepts all conditions pertaining to the place where the work is to be done. THE PROPOSER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA: Addendum No. '-1- Addendum No. Addendum No. Addendum No. Addendum No. Z Addendum No. Addendum No. Addendum No. Failure to acknowledge addenda shall not relieve such proposer from its obligation under this Proposal. THE PROPOSER FURTHER AGREES THAT: PROPOSAL ACCEPTANCE: If this Proposal is accepted, to contract with the Village of Key Biscayne, Florida, in the form of Contract attached, in strict accordance with the Proposal Documents and to furnish the prescribed Performance and Payment Bonds, each for not less than the Total Contract Amount, including the Allowance Account, and to furnish the required evidence of the specified insurance, all within the applicable time. 1 /97 PF-1 WMBD PROPOSAL GUARANTY: Each Proposal Qualifications (Part A) must be accompanied by a Proposal Guaranty in the amount and manner stipulated in the Request for Acquisition and specified in the Instructions to Proposer. The Proposer shall not withdraw this Proposal after proposal opening for the period stated in the Request for Acquistion. CONTRACT TIME: Completion of the work within the Contract Time is of the essence. The Contract Time for this work is 300 calendar days from the effective date established in the Notice To Proceed. LIQUIDATED DAMAGES: Liquidated damages at the rate of $200 per day, will be deducted from the contract amount for each calendar day of delay due to a Non -Excusable Delay. COMPENSATION: To accept as full compensation for all work required to complete the Contract, the prices named thereof in the following Proposers Proposed Price. 1/97 PF-2 PART B PROPOSED PRICE (All prices shall be in U.S. Dollars) The Proposer hereby agrees to perform the work required of the Proposer under the Contract Documents for the following: Proposal Item 1 Proposal Item 2 Design Build Firm's Proposed Cost (not to exceed 5% of the Proposed Cost of Item 2) for preparing the Final Design, the Construction Documents including Plans and Technical Specifications and Permitting. $ y 1) 006 . °"Az (in figures) FORT y ON c Tµo ustk1 p Dollars (Amount in words) Design Build Firm's Proposed Price for all other cost including but not being limited to labor, material, equipment, construction and construction phase engineering and management services to complete all work under the Design Build Contract Documents exclusive of work included in Item 1 and Item 3. $ 820, 30D o%x (in figures) El&µ7 Iiv»DRED TW6t Ty THoUSA,JO Mitre' µU4DR£D (Amount in words) Proposal Item 3 Allowance Account amount. Sixty Thousand (Amount in words) $ 60.000.00 (in figures) Dollars Dollars 1 !97 PF-3 WMBD PROPOSAL SIGNATURE PAGE FOR CORPORATION Attached is a PRo PO SAL GupaANri for the sum of TwE,JrY FIVE TNouStlab Do u.ARs ANo N0l'CEw►rs U.S. Dollars. ($ 25,000. 00/xx ), in accordance with the Instruction to Porposers. The offices of the Corporation are as follows: Name Address President M+KE L. CoaE 45?Z WargouS !}Jr'.3UE TaKPA, Fogsog 33bzq Vice President CURrsToPHER b. Co/46 2.108 Serrox3 RvEawE rpMpR, Gamin 336Z1 Secretary 3.L. Cc,.sE, so... 5ois LeoksA STREET- MmPfi, FLotroA 334,2.1] Treasurer 3. L• Corte , SR. 5018 Leokm STREET TamPA, rLoaroA 33(D25 STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR CORPORATION Coi.+e CoLssn.uc7oits , .?.Nt MIKE L. CorJE, PREsiof,ur Name of Holder (Qualifier) DADE COUNTY CERTIFICATE OF COMPETENCY FOR CORPORATION Cone Consreucroes, LIC MIKE L• CONE, PRESIDEMT Name of Holder (Qualifier) Post Office Address: BIDDER: 64144.0 (Certificate Number) C.,64, 016903 (Certificate Number) ID 731 Sour. Lots Aue4vc CONE CU1SMUCTWES,Srsc. TAMPRI FLogIOA 3361(0 State in which Chartered: 1' Lo . I DA Registry with Florida Secretary of State, if foreign; e Name) BY: Attest: Pres ent (CORPORATE SEAL) 1/97 PF-4 WMBD PROPOSAL SIGNATURE PAGE FOR PARTNERSHIP OR JOINT VENTURE ttached is a , for the sum of U.S. Dollars.($ ) in accordan with the Instructions of Proposers. The Partnershi. or Joint Venture Proposer, , consists of the following entities: (a) , a corporation, (Corpora - Name) Authorized to do business in the tate of Florida (b) , a corporation, (Corporate Name) Authorized to do business in the State of Flo 'd (c) , (d) (Name) (Name) , (d) (Partner) (Partner) The Managing or the General Partner of the Partnership or Joint enture , who is the of (Name) (Title) (Name of Entity) STATE OF FLORIDA CERTIFICATE OF CERTIFICATION FOR P ; TNERSHIP OF JOINT VENTURE: Name of Holder (Qualifier) rtificate Number) DADE COUNTY CERTIFICATE OF COMPETENCY FOR PARTNERSHIP OR • INT VENTURE: Name of Holder (Qualifier) (Certificate ber) Witness to Signature of Partnership or Joint Venture Managing Representative: PROPOSER: (Name of Joint Venture) By: MManaging Representative) 1 /97 PF-5 PROPOSAL BOND Strife of FLORIDA County of _. _ DADE We, CONE CONSTRUCTORS, INC. as Principal and AMERICAN HOME ASSURANCE COMPANY as Surety, are held and firmly bond unto Village of Key Biscayne hereinafter called theVillage, in the Penal sum of Twenty Five Thousand Dollars (S 25.000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. The Principal has submitted the attached Proposal, dated , 19_,for Project Wgst_Mashea Drive Bridge , Project No. 3011B . The Principal shall at the time of proposal opening furnish all documents and information required by the Contract Documents. and shall not withdraw said proposal within the time stipulated in the Request for Acquisition and shall within the time stipulated in the Instructions to Proposers execute and deliver to the Village, the Contract, the Performance Bond, Payment Bond and satisfactory evidence of all required Insurance. The Principal shall give a Performance Bond and a Payment Bond with good and sufficient surety, as required by the Contract Documents, for the faithful performance and proper fulfillment of such Contract and for the prompt payment of all persons furnishing labor or materials in connection therewith. Having met these obligations shall render this Bond void and of no effect; or in the event of withdrawal of said Proposal within the period specified, or in the event of failure to comply with the Contract Documents, or in the event of failure to enter into such Contract attd give such Bonds and evidence of insurance within the time specified. if the Principal shall pay the Village the difference bctwecu the amounts specified in said Proposal and the amount for which the Village may procure the required work and supplies, provided the latter amount be in excess of the former, then the above obligations shall be void and of no effect; otherwise, to remain in full force and virtue. The above bounden parties have caused this Bond to be executed by their appropriate.official f the 6Th day of AUGUST 19 97 ,. '<,taittj .c. " Witness Witness Witness CORPORATION ONE By: Title PAR ERSHIP OR JOINT VENTURE By: Title By: Title: Note: All Partners or Joint Venture Members shall sign and submit documentation proving their authority to sign on behalf of the Partnership or Joint Venture. COUNTERSIGN, Y RESIDENT SURETY: ) 1, l,'r -DA AGENT F SURETY; �� �,'--t.._,-,-,.r 1..), i e-r--5—:--- (Copy of Agent's eurrenn Identification By: Attorney -in -Fact MIRNA RAMOS Card as issued by State of Florida MIRNA RAMOS (CORPORATE SEAL) Insurance Commissioner must be attached) INQIIIRIES• (813) 281-2095 (This form must be submitted in duplicate - one original and one copy) PB-1 American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N Y. 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No.07-B-50431 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint —James William Dunn, Mirna Ramos, Jeffrey A. Segall, David H. Carr, Denise Taylor: of Tampa, Florida — its true and lawful Attorncy(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, rccognizanccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 27th day of October 1994. William D. Smith, President STATE OF NEW YORK ) COUNTY OF NEW YORK }ss. On this 27th day of October 1994, before me came the above named officer of American Home Assurance Company' and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally' known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority' of his office. 'i-�/3�s'^!-i 3. NJ_:3uo i;Jrary i r. c $r r c 4.. York No. CI N.:r4S.::I$. J):: r.NG� '7 V�^_t'_1,_•r•=r ccunty LApires Jan. 31, ,/, g., CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company at Pittsburgh, Pa on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to un LertitiLate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he %and and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such Lertitication the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact " I. I Iv.iheth M Tuck, Secretary of American Ilome Assurance Company and of National Union Fire insurance Company of Pittsburgh, Pa. do perch\ Lertik that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney i, ue�l pur'uant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect I� \\ ITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation Elizabeth M. Tuck, Secretary r:. FLORIDA DEPARTMENT OF INSURANCE MIRNA RAMOS License Number 129482563 FILLOWINGLICENSED TO CLASS T , FOLLOWING CLASg RMJCE E General Lines (Prop 8 Cas) This licensee must have an active appointment with the insurer or employer for which products or services are being marketed See reverse for additional requirements JAL C.A.P. Engineering Consultants, Inc. Viir— - - - ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS I I I I I l Project: West Mashta Drive Bridge Village of Key Biscayne Project No: 3011B Date: July 17, 1997 The Original Request for Acquisition Documents are amended as noted in this Addendum No. 1. All requirements of the Request for Acquisition Documents not modified herein shall remain in full force and effect as originally set forth. Please attach this Addendum to the documents in your possession and acknowledge receipt thereof in the space provided on the Proposal Form (Green sheets/PF-1) and the Proposers Qualification (Blue sheets/PQ-8). This Addendum No. 1 consists of 1 typed page. 1. Pertaining to Proposal Submission Date: The Proposal submittal date has been changed to 1 P.M., local time in Wednesday, August 13, 1997. 2. Pertaining to Page S -I. Graphic Exhibits: See attached for additions to Graphic Exhibits of beginning of Project Station 1 + 00 to end of Project Station 3 4- 00. 3. Pertaining to thepje-proposal Conference This Addendum contains a copy of the minutes for the Pre -proposal Conference, including attendance roster, held on Wednesday, July 16, 1997 (total 11 pages). FADATACUCAF130111M1DDENDUM 1WPD 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 (305) 461-5484 Fax (305) 461-5494 @Printed on Recycled Paper C.A.P. Engineering Consultants, Inc. (A MEMORANDUM FOR RECORD SUBJECT: West Mashta Bridge Project No. 3011B Minutes for Pre -Proposal Conference A mandatory pre -proposal conference for the above referenced project was held on Wednesday, July 16th, 1997 at The Village of Key Biscayne, 85 W. McIntyre, Second Floor Conference Room. Panel Members present: Name Andrew Pierce, P.E. Osiris Quintana, P.E. C. Samuel Kissinger Armando Nunez Raul Lastra company Phone Number C.A.P. (305) 461-5484 C.A.P. (305) 461-5484 V.K.B. (305) 365-5514 V.K.B. (305) 365-5500 V.K.B. (305) 365-5500 Other Attendees: Please see attached sign -in -sheet. Issues Discussed by Panel Members: 1) Andrew Pierce, P.E. addressed the problem that some D/B firms had not picked up a complete set of bid documents. Arrangements were made to resolve this problem. He also related that any changes to the documents would be addressed in the addendum(such as the proposal deadline being changed to Wednesday August 13). PROVIDED OVERVIEW OF PROJECT: 1. M.O.T. (One-way in, One-way out of Island) 2. Schedule (10 -month, 300 days) 3. Experience in turbidity control (SFWMD checks for water quality, etc.) 4. D/B Firm Responsible for permits 5. Responsible for relocation of existing utilities. 6. Two parts to Evaluation Criteria (A)- Qualifications (B) -Costs Note: Page 9 D/B firm Selection Criteria 7. Conceptual drawings depict only minimum requirements, proposed designs should be innovative. WO Miracle Mile Suite 300 Coral Gables, F=lorida 33134 (305) 461 5484 Fax (305) 461 5494 Printed on Recycled Raper The following questions were formulated at the Meeting: 1. Q. Does the 300 day schedule include time for design, permitting, and construction? A. The DM firm is responsible for all local permits( DERM, WASA, Public Works, V.K.B. Building & Zoning). The Village has applied for all SFWMD and State Permits. 2. Q. Was a D.E.P. permit required? A. The SFWMD permit located in the appendix includes D.E.P. requirements. 3. Q. Is there a short-list process? A. No. All qualified proposers will be invited to give presentations (scoring done after presentation). 4. Q. Will the low -bidder be selected? A. No. See State and County Requirements for Design / Build Contract and Village Ordinance for Design / Build Contracts. 5. Q. Are funds in place for contract? A. Yes. 6. Q. What is the budget? A. $700,000, not including contingency. 7. Q. Who do you sign contract with, just one entity (prime) doing bridge & designing it? A. One entity. 8. Q. Why is it only 5% for the design allocation? A. Adhered to Dade County Standard, Design 1 Build Contract formats. The agreement between Consultant and Contractor of Design / Build Firm is a confidential one between the two parties. 9. Q. Geotechnical information is not adequate. Who is responsible for test - piles? A. The Village will pay direct cost for additional geotechnical investigation that is related to the design of the bridge pending approval of the cost by the Village of Key Biscayne. The Design / Build firm is responsible for test piles. 10. Q. Whether the piles were to be cast -in -place or driven piles (made reference to the complexity of the project)? A. Which type of pile to be used is up to D/B firm and the V.K.B. understands complexity of project. 11. Q. Will Dredging be necessary? A. In the process of opening the channel some dredging may be required, D/B firm should determine necessity. 12. Q. Who will review the plans? A. C.A.P. Engineering Consultants and the Village of Key Biscayne. 13. Q. What is the benefit of this project to the community? A. The Bridge will connect the two water bodies on either side of the earth causeway and eliminate the smell and deposits from the stagnant water. 14. Q. Will neighbors complain? A. Yes, residents have just gone through a storm/drainage construction. However, the residents are supportive. 15. Q. Should transition between roadway and bridge be included in price or not? A. Yes. 16. Q. Is the D/B firm responsible for relocating utility poles? A. The D/B firm shall be responsible for the complete design and construction of all elements of the completed facility, including coordination with all utility companies. 17. Q. Who is responsible for drainage design? A. ( See answer for Question No.16 ) 18. Q. Are Hydraulic Testing and Scour Studies required? A. Clarification: Correct response is as follows: No Hydraulic or Scour studies have been done. If the D1 B Firm feels additional studies are necessary the direct cost of the studies will be paid, pending approval of the cost by the Village of Key Biscayne. 19. Q. How did you arrive at arch -design? A. Drawings are conceptual. Bridge can be flat and have panels placed on it thus giving arch appearance. 20. Q. Where is existing sewer going to go? A. Final relocation will be under sidewalk. Relocation to be included in D I B Firm's proposal cost. 21. Q. The proposal is due August 13th, when will the presentations be? A. 3-4 weeks after proposal submittals. 23. Q. Is there a WA period? A. Yes, all questions must be written and faxed to C.A.P. Offices by August 3, 1997. 24. Q. Who decides on the appearance of the Bridge? A. V.K.B. decides. Conceptual plans provide guidelines. 25. Q. Is there any mangrove removal? A. No. 26. Q. Are there any problems for providing sheeting, piles, M.O.T.? A. Not really. D/8 firms should refer to the Appendix for Met -Calf & Eddy Report and SFWMD Permit. 27. Q. Who makes up Selection Committee? A. Committee is appointed by the Village Manager. The Committee will consist of the Village Consultant, the Finance Director or Designee, and Village Manager of Designee. I kgAlkj APPROVED FOR ISSUE c: All Bidders -g---J-- WEST MASHTA BRIDGE PRE -PROPOSAL CONFERE1 CE JULY le, 1997 Page ! of 5 CONTACT NAME COMPANY NAME PHONE NUMBER FAX NUMBER 411 de Zit s .1)414 I) i%'1 kb1Lr C,677-22-2. 6606, *( ` .ren-piii? 4,1 , �,ru1{5tw��' � EJR6il.ciffili X36 _ 5-411S ( $ MtGULL ©CANA liA U L —6AMOtt, t4EF CoFY- vello►J Svc., (5c5_ 2-'8Lisa 305 GL -1-2.— 3,62.2. WEST MASIITA BRIDGE PRE -PROPOSAL CSNFERENCa JULY 16th, 1997 Page 2 -of S CONTACT NAME COMPANY NAME PHONE NUMBER FAX NUMBER i ,1 -di d A ,ef° (eaj za5 -57/3 0aJ '055-/F31- � CP 2/000)(4 / -.OEZsF,e ‘er)7/6-s-/2469-0714-s13y. 5-tev d 14vCkin5 11 305)116-5111 N--) 71(.- 51.54 YQ co o b '/ 34 --- 114- 5442, et WEST MASIITA. BRIDGE PRE -PROPOSAL CONFERENCE JULY 16th, 1997 Page 3 of 5 CONTACT NAME COMPANY NAME PHONE NUMBER FAX NUMBER i‘oeitigee -.e Co, (‘ ( 600 b2s47--33- 517 - /7 K,4,1 PE HY/t '.bcm.y Grow Ka►1Cheh/c O tss. - 3°) L-l-til 107 1-141-( 1012— (5.o)682 -380v (3os) ���-$ 6s5d WEST MA5IHTA J3,BIDGE ME -PROPOSAL CONFERENCE JULY 16th, 1997 Page t_ of �^ CONTACT NAME COMPANY NAME PHONE NUMBER FAX NUMBER R4A.c.f /11044t,t. /WO r,`1y j A/kiZt S.OJd�/9uC AL 5.,43/0 of j4S s0-0.0 .S" -S- S.Z9- 05 -AI Pct htryprrmA H A1 -f 2,0 c. e.,;•urfrA r Al,/+ -.1i :-.•"1,;:-.• / ‘ t�r,t,en X354 C6,5,4 v q (n "Awl fi. 33/2 j •�75.0.30 32±C -86V/ WEST MASL-HTA BRIDGE PRE -PROPOSAL CONFE' NCE JULY 16th, 1997 Page 5 of CONTACT NAME COMPANY NAME PHONE NUMBER FAX NUMBER (, irr5' Aes-- -Fin 5,,./,( 're �T �t,r, c/416, -....,-.5c i 5i..eit-_‘'c,,,Aw e_5-41)6(6 0g/ill ) -(i4-4)7,7,-se-p/A_ e;--&' y�/ 37,5, ✓e /44:9E-4 ebNE. Cog TS,) Nw.Ca&Is pm04444 ii& 3 orb .co -i241 -. i 4 "mss- s93 -484 i$ L1 - foU , t T Lao, 1/1-q4100 i4 553-60864 C.A.P. Engineering Consultants, Inc. - -- - - - --- - -- -- -------- - --------------- - ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS Project: West Mashta Drive Bridge Village of Key Biscayne Project No: 3011B Date: July 28, 1997 The Original Request for Acquisition Documents are amended as noted in this Addendum No. 2. All requirementsof the Requestfor Acquisition Documents not modified herein shall remain in full force and effect as originally set forth. Please attach this Addendum to the documents in your possession and acknowledge receipt thereof in the space provided on the Proposal Form (Green sheets/PF-1) and the Proposers Qualification (Blue sheets/PQ- 8). This Addendum No. 2 consists of 3 typed page. 1. Pertainingto Appendix - coastal Construction Permit Application - DERM• See attached for additionsto DERM Coastal Construction Class I Permit Application initiated by the Village of Key Biscayne. The letter list those items required to continue the processing of the permit application by the D / B firm. LtIstml Approved for Issue c: All Bidders 719/7r1 Da e FIDATACLICAM011 V DOENOZ VUPD 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 (305)461-5484 Fax (305)461-5494 Pnnted on Recycled Paper METROPOLITAN DADE COUNTY, FLORIDA METROOADE July 21,1997 Andrew C. Pierce, P.E. C.A.P. Engineering Consultants, Inc. 100 Miracle Mile. Third Floor Coral Gables, FL 33134-5406 ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130-1540 (306) 372-6789 FAX (305) 372.6630 Re: Dade County Coastal Construction Class I Permit Application CC95-227: Village of Key Biscayne West Mashta Drive Bridge Replacement, Village of Key Biscayne, Dade County, Florida — Dear Mr. Pierce: Please accept this letter in response to your recent submittal of conceptual plans. Below is a list of those items required to continue the processing of the commission package which includes the resolution approving the aforesaid application. Please be aware that we cannot process the application further based solely upon conceptual plans therefore, finalized plans are necessary in order for the project to be taken to the County Commission. Please submit the following information as soon as possible so that the project can be placed on the agenda for the County Commission Hearing: 1. Engineer signed & sealed plans (8 1/2 " X 11" sketches) depicting the exact dimensions of the existing and proposed bridge. These plans should also include crass -sectional views of the bridge with the following items included in such views: a. The total linear feet of proposed bulkhead and headwall, including both the replacement and new bulkhead to be installed b. Landscape plan depicting the existing vegetation (i.e. mangroves, buttonwoods, etc.) and outlining any relocation/removal necessary for the proposed project c. Footprint of the area to be maintenance dredged, including the total cubic yards of material removed. cross-sectional views of the dredged area and upland spoil storage area et. Preconstruction and postconstruction elevations (including datum) and location of mean high water (MHWL) and mean low wter line (MLWL) e. Cross-sectional view ( including slope and total cubic yards ) of the proposed limestone riprap boulders proposed to be placed at the toe of the bulkhead (not including that which will be required as mitigation for the replacement of existing bulkhead) 2. Mitigation plan including mitigation required for the bulkhead work ( 1 cubic yard/ linear foot ), the removal of coastal vegetation, and impacts to seagrasses located on the west side of Mashta Drive, 3. Turbidity monitoring and spoil management plan including the location of the upland spoil storage and proposed spoil disposal method and location. 4. Original Copy of Completed and Notarized Affidavit of Ownership & Hold Harmless Agreement The following items are necessary prior to the issuance of the Class I Permit: 1. Four (4) copies of the above mentioned engineer signed & sealed plans including location map 2. Structural approval from the Village of Key Biscayne 3. Mitigation bond in an amount to be determined 4. Performance bond in an amount to be determined 5. Manatee protection bond must be posted in the amount of $25,000.00 6. Permit fee of $5,300.00 7. Name address and telephone of the contractor who will be performing the work Please be aware that the next available County Commission Hearing date is October 4. 1997. In order for the proposed project to be scheduled for this hearing date, the above items must be submitted to DERM no later than August 11, 1997. If you have any questions concerning this project please contact Molly Messer at 372-6588. Sincerely. Anne Clingerman, H oastal Permitting Program cc: Village of Key Biscayne lC:msm 95-227