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HomeMy WebLinkAboutChannel Dredging RFPTABLE OF CONTENTS NOTICE TO CONTRACTORS Page 1 INSTRUCTION TO BIDDERS Page 1 thru Page 3 GENERAL CONDITIONS Page 1 thru Page 21 SPECIAL PROVISIONS Page 1 DETAILED SPECIFICATIONS Page 1 thru Page 3 PROPOSAL Page 1 thru Page 3 (Includes Schedule of Bid Items) FORM OF AGREEMENT Page 1 thru Page 4 (Includes Schedule of Bid Items) PERFORMANCE AND PAYMENT BOND Page 1 thru Page 2 For: Channel Dredging - City of Sebastian July, 1976 � I Il NOTICE TO CONTRACTORS CHANNEL DREDGING for CITY OF SEBASTIAN, FLORIDA Sealed proposals will be received by the City of Sebastian at the City Hall, located at corner of U. S. Highway No. 1 and Main Street in the City of Sebastian until 4:00 P. M. Wednesday, August 4, 1976. Bids will be opened and read aloud at Workshop, 7:30 P. M. same -day. The work for which this proposal is to be submitted consists of the furn- ishing of all labor and equipment to dredge a channel according to the plans and specifications entitled: - "CHANNEL DREDGING" for the City of Sebastian. All materials furnished and all work performed shall be in accordance with plans and specifications and contract documents pertaining thereto which may be examined at the office of Lloyd and Associates, 1835 20th Street, Vero Beach, Florida. One copy of the documents, including blank bid forms to be executed and submitted with a proposal may be obtained from the office of Lloyd and Associates for $15. 60 including Florida Sales Tax, which amount shall not be refunded. A certified or cashier's check on a national or state bank or a bid bond in a sum of not less than five percent (5%) of the amount of the bid made pay- able to the City of Sebastian shall accompany each bid as a guarantee that the bidder will not withdraw from the competition after opening of bids. In event the contract is awarded to the bidder, he will enter into contract and furnish the required performance and payment bond, failing which he shall forfeit the bid deposit as liquidated damages. The performance and payment bond shall be executed by a fully authorized surety, acceptable to the City of Sebastian, and licensed by the State of Florida. The City Council of the City of Sebastian reserves the right to waive any informalities and to reject any and/or all bids. Each bid shall be addressed to the Mayor, City of Sebastian, P. O. Box 127, Sebastian, Florida 32958, (City Hall, U. S. No. 1 and Main Street), and delivered through the mail or in person. The City reserves the right to hold the bids for sixty (60) days prior to making an award. Published at Vero Beach, Florida on Thursday, July 22, 1976 and Thursday, July 29, 1976. CITY OF SEBASTIAN F. Eugene Cragg, Mayor 1 INSTRUCTIONS TO BIDDERS t 1. SEALED PROPOSALS - Sealed proposals will be received at the time and place designated herein and then publicly opened and read for furnishing all labor, materials and equipment and performing all work required for completion of the project herein specified. 2. DEFINITION OF TERMS - Where the following terms or their pro- nouns occur herein, the intent and meaning shall be as follows:- Owner: ollows:- Owner: The City of Sebastian, Florida Mailing address: P. O. Box 127 City: Sebastian, Florida 32958 ' Engineer: Lloyd and Associates Telephone 305-562-4112 1835 20th Street Vero Beach, Florida 32960 Bidder: Any person, firm or corporation submitting a bid for the work covered by these specifications, or his duly authorized representative. Contractor: The person, firm or corporation with whom the Owner has executed a contract for the work herein specified or his duly authorized representative. 3. PROPOSAL GUARANTY - A certified or cashier's check on a na- tional or state bank or a bid bond in a sum not less than five percent (57b) of the amount of the bid, made payable to the Owner shall accom- pany each proposal as a guarantee that the bidder will, if award is made, promptly enter into an agreement to do the work and furnish the required performance bond. 4. DELIVERY OF PROPOSAL - All bids, whether mailed or delivered in person shall be submitted in sealed envelopes, bearing on the outside the name of the bidder and his address, and clearly marked CHANNEL DREDGING - CITY OF SEBASTIAN and addressed to: The Mayor, City of Sebastian, P. O. Box 127 Sebastian. Florida 32958 5. PROPOSAL FORMS - The bidder shall submit his proposal in duplicate on the forms, or an exact copy of the forms, furnished here- with. The blank spaces shall be filled in correctly for each item and for every item for which a bid is submitted. The bidder shall state the price, typewritten or written in ink for which he proposes to do each item of work called for. IB -1 6. SIGNATURE ON PROPOSAL - The bidder shall sign his proposal correctly. If the proposal is made by an individual, his name and post office shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered, also, the names and business addresses of its president, secretary and treasurer. The proposal shall bear the seal of the corpor- ation attested by the secretary. Anyone signing the proposal as agent, shall file with the proposal legal evidence of his authority to do so. 7. FAMILIARITY WITH LAWS - The bidder is assumed to be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work. Failure to familiarize himself with applicable laws will in no way relieve him from responsibility. 8. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK - The bidder is required, before submitting his proposal, to visit the site of the proposed work and familiarize himself with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. He is also required to examine carefully the specifications and Form of Agreement and Performance Bond and to inform himself thoroughly re- garding all conditions and requirements that may in any manner affect the work to be performed under this contract. 9. QUALIFICATIONS OF BIDDER - The contract will be awarded only to responsible contractors qualified by experience to do the work specified herein. The bidder shall submit, prior to award of contract, satisfactory evidence of his experience in like work and that he is fully prepared with the necessary organization, capital, equipment and ma- chinery to complete the work to the satisfaction of the Owner within the time limit stated in the proposal. 10. DISQUALIFICATION OF BIDDER - More than one bid from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for be- lieving that the bidder is financially interested in more than one pro- posal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion will be considered in future proposals for the same work. Proposals in which prices are ob- viously unbalanced will be rejected. 11. RIGHT TO REJECT PROPOSAL - Right is reserved to reject any or all proposals and to waive technical errors and informalities. IB -2 12. RETURN OF PROPOSAL GUARANTY - As soon as the bid prices have been compared, the Owner, may at its discretion, return the guar- anty deposit accompanying such proposals as in its judgment would not likely be considered in making the award. All other proposal guarantees will be held until the contract and bond have been executed, after which they will be returned to the respective bidder whose proposal they ac- company. 13. EXECUTION OF CONTRACT - Immediately following the passage of a resolution by the Owner awarding the contract to a bidder, the attor- ney for the Owner will prepare a formal contract to be executed by the parties, which contract will be in substance the same as the Form of Agreement which is attached to the various papers which were delivered by the Owner, or his representative, to the bidder in the first instance. The bidder shall fully execute the contract and furnish an acceptable Per- formance Bond complying with the statutory requirements set forth in Chapter 255. 05, Laws of Florida, in amount of 100% of the contract price, after which the Owner will execute the contract, it being distinct- ly agreed and understood that the Owner will not be bound unless and un- til the contract has been executed by its duly authorized and elected offi- cers. The Performance Bond shall be executed by a fully authorized surety, licensed by the State of Florida. 14. FAILURE TO EXECUTE THE CONTRACT - The failure on the part of the successful bidder to execute the contract as required will be just cause for the annulment of the award and, in the event of the annul- ment of the award, the amount of guaranty deposited with the proposal, either in the form of a certified or cashier's check or bid bond will be retained or be paid upon demand by the Owner, not as a forfeiture but rather will be and as for liquidated damages for the breach of the con- tract. It being agreed to by each bidder in advance that the Owner will sustain certain damages by reason of the failure of the bidder to sign the contract and that such damages equal the amount of the bid security, or exceed the same, and in no event shall the bidder thereafter be per- mitted to contest to the contrary, and does waive such right upon sub- mitting a bid. 15. BID MODIFICATIONS - Bid modifications will be received from bidders prior to opening of first bid. Modifications may be telegraphic or in other written or printed form. 16. OWNER' S RIGHT TO MAKE DECISION - The Owner reserves the right to make any combination of items bid to determine the low bidder. 17. LIQUIDATED DAMAGES - The Contractor will be assessed the sum of per day for each calendar day elapsing between the date specified as the day of full completion and the actual day of completion of the contract work. IB -3 GENERAL CONDITIONS Article 1. DEFINITIONS. (A) The contract documents consist of the following items, including all modifications thereof incorporated in the documents before their execution. These form the contract: Notice to Contrac- tors, Instructions to Bidders, General Conditions, Special Provisions, Detailed Specifications, Proposal, Agreement, Contract Bond and Drawings. (B) The Owner, the Contractor and the Engineer are those mentioned as such in the Agreement. They are treated throughout the contract documents as if each were of the singular number and mascu- line gender. (C) Wherever in this contract the word "Engineer" is used, it shall be understood as referring to the Engineer of the Owner, act- ing personally or through an assistant duly authorized in writing for such act by the Engineer. The Engineer shall be responsible for the duties outlined herein, only when specifically engaged in writing by the Owner, to perform these duties. (D) Written notice shall be deemed to have been duly served, if delivered in person to the individual or to a member of the firm or' to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the business address shown in the pro- posal or contract. (E) The term "Subcontractor" as employed herein, includes only those having a direct contract with the Contractor ani it includes one who furnished material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. ' (F) The term "Work" of the Contractor or Subcontractor in- cludes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. ' (G) All time limits stated in the contract documents are of the essence of the contract. I I GC -1 � I on the work in good condition, available to the Engineer and to his representatives. Article 7. OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on other work and, with the exception of the signed contract set, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. Article 8. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful ex- amination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Article 9. MATERIALS, APPLIANCES, EMPLOYEES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, trans- portation and other facilities necessary for the execution and comple- tion of the work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Con'ractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. ' Article 10. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend I GC -3 promulgating safety regulations and notifying owners of adjacent utilities. When the use or storage of explosives or other hazardous materials is necessary for the prosecution of the work, the Contrac- tor shall exercise the utmost care and shall carry on such activities under the supervision of licensed specially qualified personnel. All damage, injury or loss to any such property caused, directly or in- directly, in whole or in part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be. liable, shall be remedied by the Contractor. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruc- tion or authorization from the Engineer or Owner, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the Engineer prompt written notice of any significant changes in the work or deviations from the contract documents caused thereby, and a change order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional work done by him in an emergency which arose from causes beyond his con- trol entitles him to an increase in the contract price or an extension of the contract time, he may make a claim therefor as provided in Articles 16 and 18. Article 13. ACCESS TO THE WORK; UNCOVERING FINISHED WORK. The Engineer and his representatives and other representatives of the Owner will at all times have access to the work. The Contractor shall provide proper facilities for such access and observation of the work or for any examination or testing thereof. Should it be considered necessary or advisable by the Engineer to re- examine any part of the work already fabricated, installed or completed, the Contractor, at the Engineer's request, shall uncover, expose or otherwise make available for examination or testing that -portion of the work in question, furnishing all necessary labor, material and .equipment. If it is found that such work does not meet the requirements of the con- tract documents, the Contractor shall defray all the expenses of such examination and testing and of satisfactory reconstruction. If, however, such work is found to meed the requirements of the contract documents, the Contractor will be allowed an increase in the contract price or ex- tension of the contract time directly attributable to such uncovering, ex- posure, examination and testing, if he makes a claim therefor as pro- vided in Articles 16 and 18. GC -5 1 (A) By estimate and acceptance in a lump sum. ' (B) By unit prices named in the contract or subsequently agreed upon. ' (C) By cost and percentage or by cost and a fixed fee. ' If none of the above methods is agreed upon, the Contractor, provided he receives an order as above, shall proceed with the work. In such case and also under case (C) he shall keep and present in such form ' as the Engineer may direct, a correct account of the net cost of labor and materials, together with vouchers. In any case, the Engineer will certify to the amount, including reasonable allowances for overhead ' and profit, due to the Contractor. Pending final determination of value, payments on account of changes will be made on the Engineer's estimate. Article 16. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions by drawings or otherwise involve extra cost under this contract, he shall give the Engineer writ- ten notice thereof within 10 days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emer- gency endangering life or property, and the procedure shall then be as provided in Article 15 "Changes in the Work. " Claims will not be pro- cessed unless filed in writing before any work is commenced. Article 17. DEDUCTIONS FOR UNCORRECTED WORK. If the Engineer deems it inexpedient to correct work injured or done not in accordance with the contract, an equitable deduction from the contract price will be made therefor. Article 18. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed at any time, in the progress of the work by an act or neglect of the Owner or of his employees, or by -any other contractor employed by the Owner, or by changes ordered in the work or by strikes, lockouts, fire, unusual delay in transportation, unavoid- able casualities or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer may decide to justify the delay, then the time of completion will be extended for such reasonable time as the Engineer may decide. GC -7 Article 23. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. ' If the work should be stopped under an order of any court, or other public authority for a period of three months, through no act or fault of the Contractor or of anyone employed by him, or if the Engineer should fail ' to issue any estimate for payment within seven days after it is due. or if 7 'L GC -9 written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies at the Contractor's expense. ' Article 22. THE OWNER'S RIGHT TO TERMINATE CONTRACT. ' If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if a writ of gar- nishment shall be served upon the Owner, seeking to reach funds due or to become due the Contractor, or if the Government of the United States or any state or county shall garnishee, distrain, attach, or seek to reach funds due or to become due the Contractor, or if he should ' persistently or repeatedly refuse or should fail, except in cases of which extension of time is provided, to supply enough properly skilled ' workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the authority of the Engineer, or other- wise be guilty of a substantial violation of any provision of the contract, then the Owner, upon the certificate of the Engineer that sufficient cause exists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven days' written ' notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such ' case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including compensation for additional managerial and administrative services, such excess will be paid to the Contractor. If such expense exceeds such unpaid balance, t the Contractor shall pay the difference to the Owner. The expense in- curred by the Owner as herein provided, and the damage incurred through the Contractor's default will be certified by the Engineer and deducted by the Owner from any sums which would otherwise be due to ' the Contractor. Article 23. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. ' If the work should be stopped under an order of any court, or other public authority for a period of three months, through no act or fault of the Contractor or of anyone employed by him, or if the Engineer should fail ' to issue any estimate for payment within seven days after it is due. or if 7 'L GC -9 (D) The Engineer's opinion that the contract cannot be completed for the balance then unpaid. (E) Damage to another contractor. I (F) Failure to maintain adequate progress. When the above grounds are removed, payment will be made for amounts ' withheld because of them. J I � I J GC- 11 insurance company acceptable to the Owner and the Engineer. This policy of contractual liability insurance shall insure the Owner, the Engi- neer and the Engineer's employees, as their interests may appear, with limits of $300, 000 for each person and $500, 000 for each incident for bodily injury or death and $50, 000 for property damage, and will protect the Owner, the Engineer and the Engineer's employees from liability for the acts and omissions of the Contractor, any of his subcontractors, serv- ants, agents or employees under this contract. Certificates of such in- surance shall be delivered to the Owner and Engineer before commence- ment of any of the work. The insurance policy shall contain a provision that the same shall not be cancelled without first giving both the Owner and the Engineer ten days notice in writing. With reference to Chapter 72-52, Laws of Florida 1972, the specific con- siderations for the Contractor's promises as contained in this Article are: (A) One dollar ($1. 00) in hand paid by the Owner, the Engi- neer, and the Engineer's employees to the Contractor, receipt whereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the Owner, the Engineer, and the Engineer's employees under Chapter 72-52, Laws of Florida 1972, and; (B) The entry of the Owner and the Contractor into the con- struction contract because, but for the Contractor's pomises as contained in this Article, the Owner would not have entered into the construction contract with the Contractor. GC- 13 Article 31. DAMAGES. Any claim for damage arising under this contract shall be made in ' writing to the party liable within ten days after the first observance of such damage and not later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials. ' Article 32. LIENS. GC -15 Anything contained in any of the contract documents notwithstanding, all ' progress payments and the final payment shall be paid by the Owner to the Contractor in compliance with the provisions of Chapter 713, Florida Statutes 1967. The Owner shall withhold ten percent of the amount of ' each progress payment. The last payment due under the contract shall be paid by the Owner to the Contractor only after the Contractor has furnished the Owner with an affidavit stating that all persons, firms or ' corporations who have furnished labor or materials, employed directly or indirectly in the work, have been paid in full, and in addition, before the Contractor shall have the right to receive the final payment due under ' the contract, the Contractor shall furnish the Owner with releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used ' in the work. The Owner shall have the right to demand and receive from the Contractor before he shall receive any progress payment, receipted bills showing payment in full for all labor, services and materials in- corporated into the work, for the period of time for which the progress payment is due. Likewise, as a condition to receiving any progress payment, the Owner may require the Contractor to furnish partial re- ' leases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work dur- ing the period of time for which the progress payment is due, releasing such lien rights as these persons, firms or corporations may have for that period. If any of the laborers, subcontractors or materialmen shall serve upon the Owner a "notice to Owner" or shall otherwise put ' the Owner on notice that they are owed and unpaid money by the Con- tractor, the Owner shall have the right to pay these persons directly in the manner provided by the aforesaid Mechanic's Lien Law, and the Owner shall receive a credit therefor upon the contract price accordingly. The Contractor does hereby release, remise and quit claim any and all rights he would have otherwise enjoyed to perfect a mechanic's lien or ' any other type of statutory common law or equitable lien against the job. GC -15 ' notify the Engineer and Owner in writing of the names of subcon- tractors proposed for the work and shall not employ subcontractors, unless they are accepted by the Engineer. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents sha11 create any contrac- tual relation between any subcontractors and the Owner. Article 37. POINTS AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting points and making measurements. He shall not proceed until he has made timely demand upon the Engineer for, and has received from him, such points as may be necessary as the I' work progresses. The work shall be done in strict conformity with such points. The Contractor shall carefully preserve bench marks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Article 38. ENGINEER'S STATUS DURING CONSTRUCTION. The Engineer will be the Owner's representative during the construc- tion period. All instructions of the Owner to the Contractor shall be issued through the Engineer. The duties and responsibilities and the limitations of authority of the Engineer as the Owner's representative during construction are set forth in Articles 1 through 42 of these General Conditions and shall not be extended without written consent of the Owner and the Engineer. He shall make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, nor will he be responsible for the techniques or sequences of construction, or the safety precautions inci- dent thereto. He will not be responsible for the Contractor's failure to GC -17 ' The demand for arbitration shall be delivered in writing to the Engi- neer and the adverse party, either personally or by registered mail to the last known address of each, within ten days of the receipt of ' the Engineer's decision, and in no case after final payment has been accepted. If the Engineer fails to make a decision within thirty days, a demand for arbitration may be made as if his decision has been ' rendered against the demanding party. (B) Arbitrators: No one shall be nominated or act as an ' arbitrator who is in any way financially interested in this contract; or in the business affairs of the Owner, or the Contractor, or the Engi- neer, or otherwise connected with any of them. Each arbitrator shall ' be a person familiar with the nature of the work or the problem in- volved in the dispute submitted for arbitration. ' Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise, there shall be three, one named in writing by each party to this contract, to the other party, and the third chosen by these two arbitrators. The said third arbitrator, acting as presiding officer, shall have the power to declare the position of any arbitrator vacant by refusal or inability to act, sickness, death, resignation, absence or neglect. Any vacancy shall be filled by the party making the original appointment, and unless so filled within five days after same has been declared, it shall be filled by the said presiding officer. If testimony has been taken before a vacancy has been filled, the matter shall be reheard unless a rehearing is waived in the submission or by the written consent of the parties. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matters sub- mitted to and the procedure followed during the arbitration. Such decisions shall be a condition precedent to any right of legal action. (C) Arbitration procedure: The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personal- ly or by registered mail to the last known address of each, of the time and place for the beginning of the hearings of the matters submitted to them. Each party may submit to the arbitrators such evidence and argument as he may desire, and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of laws and fact relating to both the subject matters of and the procedure during GC- 19 ' specified, the method or procedure througnout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, ' leaving its local application to be adapted to the legal requirements of the jurisdiction having authority o- er the arbitration. ' The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give such evidence as they may require. Article 41. LANDS FOR WORK. The Owner will provide the lands upon which the work under this con- tract is to be done, except thiLt the Contractor shall provide land required for the erection of temporary construction facilitie3 and storage of his material, together with right of access to same. Article 42. CLEANING UP. The Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from his opera- tions, remove from the Owner's property and from all public and private property at his own expense, all temporary structures, rubbish and waste materials resulting from his operation, and shall leave the site clean and ready for use by the Ownex. GC -21 SPECIAL PROVISIONS CHANNEL DREDGING ' 1-0 VISIT TO JOB SITE The contractor is required to visit the job site and satisfy himself ' of all conditions, as to material that is to be dredged, as well as inspect carefully the impoundment area. ' 1-01 LETTER FROM DEPARTMENT OF POLLUTION CONTROL The attached letter from the Department of Pollution Control shall ' be considered a part of these specifications and it shall be the contractor's responsibility to comply with all requirements set forth therein which apply to his dredging operation. This also ' applies to all other permits attached and a part of these contract documents. ' 1-02 NOTICE OF COMMENCEMENT OF WORK The contractor shall notify the Engineer ten days in advance in ' writing when he proposes to begin the project so that the Engineer may comply with the last paragraph of the attached letter from DPC. 1-03' CURTAINS ' The contractor shall furnish,,at no additional expense,water screen floating barrier curtains as necessary to maintain water quality. I11 F L SP - 1 ' DETAILED SPECIFICATIONS CHANNEL DREDGING 1-00 SCOPE OF THE WORK The contractor shall provide all labor, fuel, equipment, dikes, road repair, impoundments, anti -pollution devices, etc., as needed to construct the channel as shown on the plans prepared by Lloyd and Associates. 1-01 LOCATION The location of this work is at the foot of Main Street in the City of Sebastian, Florida. 1-02 EQUIPMENT The contractor shall satisfy the City of Sebastian that adequate equipment is available to do this work and that he has had exper- ience in this type of work. 1-03 LINES AND GRADES The owner will furni$h the line and grade for project by estab- lishing ranges on the north and south side of the proposed channel as well as establishing a tie gage so that the contractor will have a reference point to work to, tide elevationwise. 1-04 PERMITS The City of Sebastian has secured the permits for said construction from the U. S. Army, Corps of Engineers; the Department of Environmental Regulation and the Trustees of the Internal Improve- ment Fund. The contractor shall be required to comply with all regulations under which these permits were issued. Any permits not listed above shall be the contractor's responsibility. Copies of permits have been included in the specifications and are part of the contract documents. 1-05 MATERIAL The excavation material, to the best of the Engineer's knowledge, is sand, silt and shell. However, the owner does not warrant the above and all material to be excavated is classified as UNCLASSIFIED. If rock is encountered, no additional compensation will be allowed. DS - 1 1-06 SPOIL AREA The City of Sebastian has secured the use of the property located in the Northwest intersection of Main Street and Old Dixie Highway. The contractor shall erect the necessary levee around this property to retain the fill material being excavated from the channel. In the event the spoil area be- comes unmanageable due to the amount of material placed thereon, the City will truck away material after said mater- ial has had sufficient time to dewater, and is in condition to be loaded. The contractor shall be responsible for the breaking down of levees after the fill material placed on the lot has been trucked away. He is then to grade said lot to its original shape. The Engineer will cross-section the lot in advance of any ditching, etc. , so that its original shape can be ascertained at the com- pletion of said work. 1-07 OUTFALLS The City will issue a permit to the contractor for the con- struction of an outfall within the right of way of Old Dixie Highway. At the completion of work, said outfall will be removed and pavement replaced, and edges sawed after the soil has been compacted to 100% density, 8" limerock, 10001b density, both the above based on modified proctor, and 1" of asphaltic concrete applied after priming. 1-08 MENSURATION The method of determining the number of cubic yards of material excavated on this project shall be as follows: - 1. The Engineer will take original cross-sections at 50' inter- vals prior to the beginning of work. At the end of the project, final cross-sections will be taken at 50' intervals and plotted. With this information the volume shall be determined by aver- age end areas. DS - 2 r 1-09 TOLERANCE The contractor shall have a tolerance of 0. 25' + -. Excavation in excess of 0.25' below channel depth will not be paid for. The contractor will be required to remove all high places in ' excess of 0. 25, above project 1-10 METHOD OF PAYMENT On or about the 25th of each month the contractor shall submit an estimate to the Engineer, quantities on estimate to be ver- ified by the Engineer. The Engineer will then forward said estimate to the City of Sebastian for payment prior to the 10th of each month. 'From said payment the City shall withhold 10% of the gross estimate to date. Final Estimate - At the termination of the project, the Engineer shall take final cross-sections to determine the exact amount of fill removed from said channel, and submit to the City of Sebastian said final estimate. At the same time the final estim- ate is submitted, the contractor shall submit Release of Liens for all labor, material and equipment included in said project. Payment will be made upon the receipt of the Release of Liens ' being approved by the City Attorney, and a Project Certification from the Engineer. � I 1 DS -3 7 H `1 %l11 sr4, t STATE OF FLORIDA 10u DEPARTMENT OF POLLUTION CONTROL . 2562 EXECUTIVE CENTER CIRCLE, EAST 'a .61104MONTGOMERY BUILDING, TALLAHASSEE, FLORIDA 32301 PETER P. BALJET June 4 19 %5 W. D. FREDERICK. JR. Flacurl" 010111 1.•u / CHAIRMAN .w Indian River County Dredge and Fill Certification 31-39-3193 DF.31-1435 City of Sebastian, Florida c/o Lloyd and Association 1835 20th Street Vero Beach, Florida 32960 Subject: State Certification in accordance with Section 401 (a)(1), Public Law 92-500, Federal Water Pollution Control Act (1972 Amendments) City of Sebastian, City Park, Boat Ramp, pier across access channel and bulkhead, Indian River, Indian River County. Gentlemen: Pursuant to Public Law 92-5.00, this will certify that the follow- ing project will comply with the applicable water quality standards of the State of Florida, which standards have been approved by the Administrator of the Environmental Protection Agency and have been proposed as the effluent limitations under Section 301 (b), Public Law 92-500, Federal Water Pollution Control Act. The issuance of this certification is based upon a review of the details of the project and a public notice of this agency's intent /to certify the same. The applicant is cautioned that during the execution and/or main- tenance of the subject project, creation of turbidity in the ex- cess of fifty (50) Jackson Units (measured in accordance with De- partment Technical Memorandum 4-4) above the background level and/or directly or indirectly affecting the water quality in the aforementioned waterway in such a manner as to exceed the limita- tion on the concentrations of various constituents for such waters as prescribed in Chapter 17-3, Florida Administrative Code, is a violation of the Water Quality Standards of the State of Florida. Over John R. Middlemas Mark D. Hollis Susan Wilson ' Y. E. Hall BOARD MEMBER HOARD MEMBER BOARD MEMBER BOARD MEMBER b This certification is issued on the basis that the water quality will not be degraded. Degradation may be allowed where degrada- tion will not reduce water quality below the existing water clas- sification for the area and the project has been deemed by the Department of Pollution Control to: 1. not be detrimental to the best interests of the. state, and ' 2. is necessary to the state's social and economic development. ' At the time of the issuance of this certification, there are no Federal limitations or other limitations under Sections 301 (b), 302, 306 and 307 of the Federal Water Pollution Control Act ' (Public Law 92-500). Monitoring Required by the Applicant ' Description Frequency ' Turbidity Prior to and during t construction Determination of the testing schedule and locations to be ' coordinated with the Regional Office of the Department of Pollution Control in Ft. Lauderdale. ' Effluent Limitations As specified in Chapter 17-3, Florida Administrative Code, ' Paragraph 17-3.09, Criteria: Class III Waters -Recreation - Propagation and Management of Fish and Wildlife and Paragraph 17-3.05,.Water Quality Standards; Specifics. Turbidity shall not exceed fifty (50) Jackson Units as related to standard candle turbidimeter above background within one hundred (100) feet of the construction activity. ' Description of Project ' Construction of a city park, boat ramp, pier and access channel to the Indian River. Also to construct a bulkhead at the MHW, Indian River, Section 6, T31S, R39E, Indian River County, Florida, 1 � I Page 2 " City of Sebastian, Florida June 4, 1975 4 ' i This certification is subject to the stipulations that: 1. The channel shall be no deeper than -4.0' MLW and with sloping sides; 2. The dredged material shall be used as•fill. Any additional fill, if required, for park area shall be hauled in from a different area; 3. Natural rip -rap shall be used for the side walls of the boat ramp and to retain fill material; 4. Rip -rap and fill shall be placed at or above the line of mean high water ; and 5. Drawings shall be submitted which include the subject stipulations by June 18, 1975. The applicant is hereby required to notify the Department of Pollution Control's Regional Office of the schedule of the project before beginning any work covered by this certification. All testing data shall be submitted to the regional office of the Department of Pollution Control. Sincerely, v Robert W. Hall, Administrator Dredge and Fill Section RWH/dwc Attachment cc: Corps of Engineers Board of Trustees SE Region Dept of Interior a, N PETER P. SAL.; =T LAr,CYTIVZ WRZCTJ.: STATE OF FLORIDA '' 2 4 1975 �= ?AR- i 1�/ ENT OF F-OLLUTIUN CON i �O` COURTHOUSE SQUARE BUILDING 200 SOUTHE:>ST 6th, STREET, SUITE 504 FORT LAUDERDALE, FLORIDA 33301 DAVID H. LEViiV Indian River County -Dredge & Fill `""d""410 31-39-3193 June 20, 1975 City of Sebastian, Florida Lloyd -a -ad Association 1835 l­antier.h Street Vero '_q-ach, Florida 32960 ' Dear SL_: n ^G You ha% T?e �aer. issued a watq er uality certificatioin acco_da .ce with S=ct_cn 401(x) (1) , Public Law 92-500, Federal Water Pollution ' Contro_ Act (1972 A-end.«ent) for the following project: Const= jticn of a city park, boat ramp, pier and access channel ' to the Indian River. Also to construct a bulkhead at the I�:�Y, Indian River, Section 6, Township 31S, Range 39E, Indian River County. The is required to notify the Department of the :,pork ' sc edule of the project before any work is begun. Please notify the cf�ice(s) ch ecked below: (X) Scato of Florida DPC' ( ) 203 S.L. 6 Street, Suite 504 Ft. Lauderdale, FL 33301. ' (X) State of Florida DPC 6 South 6 Street Pierce, FL 33450 Broward County Environmental Quality Control 500 S.W. 14 Court Ft. Lauderdale, FL 33315 Palm Beach County Health Dept. 2250 Palm Beach Lakes boulevard West Palm Beach, Florida 33401 ' ( ) Metropolitan Dade Co. Environmental ( ) Ztate of Florida D?C Resources Management T-- 0. Box 3296 Pollution Control Division 2-.a_athlon Shores, FL 33052 909 Southeast 1 Avenue B:�ickell P14za - Room 402 Miami, Florkda 33131 do soWill be a violation of your certifica`icn and can ' r=su— in t h_ ra;rocation of certification and 'hence possible cancell- ation o= your. permit. Your cooperation will be appreciated_ Sin ce_ely, c��\ G. S -raInn, Regic_.al 1,driinistratOr T L D : f s ' 24P 4/74 J o,; v R. M; 0 c =Ni A s Susan Wilson Mark D. Hollis Y. E. Hall ' SOa�� NE-•13�R 30ARD t-I--M3=R 80AR0 MEA`$=R. BOARO NFUMSER THIS IS 1001,:. RQCYCLCO PAP%R. V� 11 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. O. MOX 497D JACKSONVILLE. FLORIDA 32201 P U B L I C N 0 T I C E 'SAJSP Permits 75D-0436 11 June 1975 TO WHOM IT KAY CONCERN: This. District has received an application for a Department of -the Army Permit pursuant to Section 10 of the River and Harbor ' Act of 1899 (33 U.S.C. 403) as described below: APPLICANT: City of Sebastian c/o Lloyd and Associates ' 1835 20th Street Vero Beach, Florida 32960 WATERWAY & LOCATION: Indian River, westerly shore, at the city park at the end ' of Main Street, Section 6, Township 31 South, Range 39 East, Sebastian, Indian River County, Florida. WORK: To place riprap along the mean high water line and to construct a 300 -foot ' pier, a 40 -foot by 15 -foot concrete boat ramp and to excavate a channel 410 feet long, 50 feet wide to a depth of -4.0 feet mean low water. A dragline would be used to remove the material and the spoil (approximately 2100 cubic yards) be ' hauled from the site. PURPOSE: To be used by the public in connection with the park facilities. AUTHORIZATION FROM OTHER AGENCIES: STATE TIITF:Permit or waiver required. (application 31-39-3193 pending) ' STATE DPC: Certification under Federal Law (92-500) is not required. However, approval under State Law (Fla. Statute 403) may be required. Preliminary review of this applicati6n indicates that an environmental impact statement will not be required. The decision whether to issue a permit will be based'on an evaluation of the probable'impact of the 'proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors' which may be relevant to the proposal will be considered; among those are conservation, economics, 'aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention. -land use classification, navigation, recreation, water supply, water quality and, in general „the needs and welfare of the people. Bio pirmit will be granted unless its issuance is found to be in the public interest. ' Comments regarding the application should be submitted in writing to the District Engineer at the above address on or before 11 July 1975 ' If you have any questions concerning this application you may contact Eula Clavdon of this office, telephone 904-791-2211 or 2212. FOR THE DISTRICT ENGINEER: 1 11 GAIL G. GREN Chief, Operations Division 7-, lNLZT- -D 7 P SEBASTIAN �� \ Lu PROjECT-" 3 4 SCALE N 41 L ES VN Gar. Gov't Lot 5 S.?C..S- Bi- Ss o . to ir 4.0 2,0 12 1.0 5 0.5 0 50 100 200 S C A L E' ep tto . fl, • ;1-11 1 1 1.0 STR,--T 11 ;AAli 2.5 51 E Ul 3;36.77 V 3.'o Z. 0 :.AAT RfAL 70 BE K,40VED F. * . FPCM CHAMMEL; BY' - 9 �� \ DRAGL IN E.' 134 43.0 SECT [ON f, JOWNS 14RANGE 39 S. 7Q.7° PROPOSED CHANNIELP pi it ,n4w in A n P =p 77 =jT N 0 3 3 C C'.A"F;7 S , i CiTY HALL SE-SASINAN, FLORIDA SHEET i r"F 2 INDIAN! RIVE&F:%) to INMAN RIVER COUNT tY. FL;-,- rA CITY 'OF , i CiTY HALL SE-SASINAN, FLORIDA SHEET i r"F 2 zoo' PLAN No scoia A PROPOS-E- D R1 /3% i0"STRU14GERS ' �?"x 8"DECKING /,ELEV. 5.0 12"x te­x a' PRECAST CONC. NUHM. 0.9 M. L A 0.0 10" CONC. PILI M. H. 18. 0.9 EXISTENG BOTTOM �P: � ,�\ M. L.W. 0.0 PROPOSED CHANNEL 80�0,A 50, EXISTING BOTTOM' ,1 -7 PROPOSED CHANNEL SECTION A -A. TYPICAL SECTION No Scale► N . 6 Scala PROPOSED R1P,'=,AP TYPICAL SECTION NO scoia SHEET 2 OF 2 1 _ —7 PROPUSED PIER -7 ' � � I '' I' �� � i� II I I ( l i �! !i is ii I I s''► -x!3-n.,4G a( )T .0 Im C7 1; No Scale A zoo' PLAN No scoia A PROPOS-E- D R1 /3% i0"STRU14GERS ' �?"x 8"DECKING /,ELEV. 5.0 12"x te­x a' PRECAST CONC. NUHM. 0.9 M. L A 0.0 10" CONC. PILI M. H. 18. 0.9 EXISTENG BOTTOM �P: � ,�\ M. L.W. 0.0 PROPOSED CHANNEL 80�0,A 50, EXISTING BOTTOM' ,1 -7 PROPOSED CHANNEL SECTION A -A. TYPICAL SECTION No Scale► N . 6 Scala PROPOSED R1P,'=,AP TYPICAL SECTION NO scoia SHEET 2 OF 2 `I W ." 11 ••! ' STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ' ELLIOT BUILDING — TALLAHASSEE. FLORIDA 32304 Joseph W. Landers. Jr. TELEPHONE N•-etsa ' Executive Director. June 19, 1975 City of Sebastian C/o Lloyd & Associates ' 1835 - 20 Street Vero Beach, Florida 32960 Gentlemen: State Permit No. 31-39-3193 Issued to: City of Sebastian Permit forms are enclosed for this project. Please execute " both copies and return them to this office. A placard, together with•a validated permit, will be trans- ' witted to you upon return of the executed forms. ' Sincerely, i Dan F. Farley, Dlector / Division of Land Management DFF/ms Enclosures Roubin O'D.,Askew Bruce A. Smothers ' Governor Secretary of State Thomas D. O'Malley Treasurer fit. �.-_.__.. •i• ... J..... Robert L. Shavin Gerald A. Lewis Attorney General Comptroller Ralph D. Turlington Doyle Conner Commissioner of Education Commissioner of Agriculture Pe...&it No. 31-39-3193 ' Type DREDGE & CONSTRUCTION ' STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL 1IMPROVEMENT TRUST FUND -MAEREAS, application by: City of Sebastian c/o Lloyd &'Associates 1835 - 20 Street Vero Beach, Florida 32960 ' for a permit under the provisions of Chapter 253, Florida Statutes, to perform certain works in the navigable waters of the State of Florida, was approved by said State of Florida Board of Trustees of the Internal Improvement Trust Fund at the meeting of June 17, 1975. NOW, THEREFORE, this Permit authorizes the above named applicant, hereinafter called Permittee, to perform such works. 'subject to the conditions contained herein: To dredge a channel 50 feet by 400 feet by -4 feet mean low water by removing 2,200 cubic yards of sovereignty material to be placed on city upland; construct about 400 feet of riprap seawall at the mean high water line, a 40 -foot wide boat ramp and a 360 -foot long concrete 'pier occupying 3,200 square feet of'sovereignty submerged land and creating temporary dockage for approximately 30 boats; and remove an existing pier. In Section 6, Township 31 South, Range 39 East, City Park, Indian River, ' Sebastian, Indian River County. Subject to the following stipulations: 1. Department of Pollution Control certification; including all stipulations, shall be adhered to; 2. A lien for the sovereignty material shall be placed on the public land which is subsequently sold, leased, or under contract to purchase or ' otherwise conveyed in whole or part, to private interests. ' 1 The proposed work shall be done in the area designated on the attached map. This Permit is not valid unless the seal of the Board of Trustees of the Internal Improvement Trust Fund appears on the map; 2. All dredging shall be done in such a manner as to prevent or minimize dispersion of silt and debris and destruction of marine resources in the public waters; ' . 3 If the dredging is being done in other than a meandered body of fresh water, only sand shall be removed. No oyster bars or shell deposits shall be disturbed or undermined by dredging or other operations pursuant to this Permit; 4 The use of draglines or dredges with cutter heads is prohibited in fresh water lakes without special approval in writing from the State of Florida Board of Trustees of the Internal Improvement Trust Fund. The impermeable seal or strata shall not be disturbed; ' 5. Material removed in construction shall be placed upon the adequately• diked spoil disposal area or areas designated on said map; 6. The material removed shall be used oniy for the improvement of upland property owned by the Permittee and shall not be sold. Under no circumstances shall the Permittee remove more material than authorized by this Permit without specific approval of the ' State of Florida -Board of Trustees of the Internal improvement Trust Fund; 7. No fill shall be made on the water side of the ong;nal natural ordinary or mean high water mark. This Permit conveys no title to land or water, and does not constitute authority for the reclamation of water bottom unless herein provided; 8 Extreme care shall be exercised to prevvnt any adverse or undesirable effects from this work on the property of others. This Permit authorizes no invasion of private property or rights in property; 9. This Permit is granted subject to the rights of the United States in navigable water, and shall be subject, further, to the rights of the public in boating, bathing, fishing, and other rights for which purposes the, waters and submerged land thereunder are held by the State_ This Permit does not relieve the Permittee from requirement,: permit from the U S Army Corps of Engineers nor from necessity of compliance with all applicable,local laws, ordinances, andzoni,ng or other regulations; 11. The Permittee is required to obtain a valid certificate from the State of Florida Department of Pollution Control, imued 'pursuant to Section 401(x)( I). Public Law 01-500, and Chapter 40:1, Florida Statutes, he fore engaging in activities authorized by this Permit; 12. At the Trustees' option, applicant may be required to furnish a cross-section profile map with certificate executed by a Florida Registered Professional Engineer or Land Surveyor, stating; quantity of fill material excavated pursuant to this Permit, such certification to be furnished within 90 days after completion of project or expiration of permit, whichever is earlier; 13. A copy of this Permit shall be posted in a conspicuous place on the equipment being; used in the dredging operation or shall be readily available at the project site for inspection by all duly constituted law enforcement officers having jurisdiction. This Permit shall become effective upon acceptance by the Permittee and receipt of the executed copy by the State of Florida Board of Trustees of the ' Internal Improvement Trust Fund, Elliot Building, Tallahassee, Florida 32304; 14. All dredging and spoiling shall be done in such a way that turbidities in the area do not exceed 50 Jackson Units above base; 15. THE PERMITTER, BY ACCEPTANCE OF THIS PERMIT, AGREES TO ABIDE BY THE STIPULATIONS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED IIF.RETO AND MADE. A PART HEREOF. ANY DEVIATION THEREFROM SHALL BE GROUNDS FOR REVOCATION.OF THIS PERMIT. This permit expires three years after receipt by the applicant of all govern- mental authorizations, state and federal, including such license, permit, or, variance from the Department of Pollution Control under Chapter 403, as may be required for completion of the proposed work. ' The Board may revoke such construction permit if the applicant fails to use. diligence in obtaining.such required governmental authorization. , t , Issued this day of , A.D. 19 IAccepted this day of . I D STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND By Executive Director A. D. 19 PERMITTEE By x /i S 2 �r SFFJRST(AN y2•\ v CITY OF Z SEBASTIAN PROJECT 0 I 2 3 4 SCALE IN MILES 250k0 / 4.0 NW Cor. Govt Lot 5: Sec. 6-3I-392.3 5-p Sec •'E.�' SG `00' 0 S 0 � C7 0.5 ©I � O � �• • ' g0 �' •� 3.0 0 5C 100 _ 200 1�1\ SCA_E STREET MAIN � - CREATED �O ~N85025' 31E y p _ JAI�UARX61 385.77 � x,855 ?G �o cam; 0/jd+1 \* -40� APPROXIMATELY .:=Per cu.yds.11'• .M'TERIAL TO BE REMOVED � \ o s 2.0 � FROM CHANNEL BY DREDGE OR A DRAGLINE AND PLACED IN vim, I 2 SPOIL AREA. REMAINDER OF \ 10.6 Og FILL TO BE TRUCKED IN AND PLACED BY DCZER BEHIND DIKES CONSTRUCTED BY DRAGLIN c r 6 4c �� SECTION 6 ,TOWNSHIP 31 S. ,� RANGE 39 E. ,. 7 0.7 N 8.Zo 31 E CERTIFIED BY: Robert F Lloyd, P. E. LLOYD A"JD ASSOCIATES VCRO 3cA:,H, FLrRiDA PROPOSED CHANNEL, BULKHEAD AND PIER INDIAN RIVER INDIAN RIVER COUNTY , FLA.. CITY OF SEBASTIAN, FLORIDA CITY HALL SEBASTIAN, FLORIDA $HEFT 11 %c' 2 PROPOSED PIEI EXISTING BOTTOM' ELEVATION No Scale A ~l I� r 300' PLAN �- No Scale A BULKHEAD PROPOSED PIER (3% 10"ST.RINGERS I ��2% 8" DECKING ELEV•. 5.0 x 'r"x 8' PRECAST CONC. M.H.W. 0.9 M.L.W. 0.0 10"CONC. PILE+ - M.H.W.0.9 EXISTING BOTTOM M. L.W. 0.0 PROPOSED CHANNEL BOTTOM —4.0 M. L.W. 50 EXISTING BOTT, PROPOSED CHANNEL SECTION A -A ��� ,�� TYPICAL SECTION No Scale ' No Scale FILL 'R EA TO BE (.(SED A5 PUBLIC RECREATION ELEV. 5.0 ARE . NO STRUCTURES"TO RE BUILT ON FILL AND _ NO EL.5 WILL BE HANQ7 E.0. -- M.H.W. < r / FILL / j r M.H.W. SLOPE _ 3. ii pROVE1,, ti f MHW 0.9--, ?JLW-0.0_L / = CREATED EXI = JANUARY 6, r O 1855 4p PROPOSED R(PRAP TYPICAL SECTION. No Scale SHEET 2 OF 2 REV. 4-11.75 Cid. f..r'F.R t'dY OC THERSt-i� AWAY C �S �JACKONVILLty Dl, TRICT. CO3 Q NGINELRS D,1��) P. O. COX 4070 T . /Pit, JACKZONVILLM VLOWJDA 92201 N 0 T r C :.E SAJSP Permits 75D-0436 11 June 1975 97jr TG wOM IT MAY CONCERN: This District has received an application for a Department of Che Army Permit pursuant to Section 10 of the 'River and harbor P.ct of 1.899 (33 U.S.C. 403) as described below: APPLICANT: City. of Sebastian c/o Lloyd and Associates 1835 20th Street Vero Beach, Florida_32960 WATERVIIIN & LOCATION: Indian River, westerly shore, at the city park at the end Of Main Street, Section 6, Township 31 South, Range 39 East, Sebastian, Indian River County, Florida. WORK: To place riprap along the mean high water line and to -construct a 300 -foot pier, a 40 -foot by 15 -foot concrete boat ramp and to excavate a channel 410 feet long, 50 feet wide to a depth of -4.0 feet mean low water. A dragline would be used to remove the material and the spoil (approximately 2100 cubic yards) be hauled from the site. PURPOSE: To be used by the public .in connection with the park facilities. AUTHORIZATION FROM OTHER AGRINCIES: STATE TIITF:Permit or waiver required. (application 31-39-3193 pending) STATE DPC: Certification under Federal Law (92-500) is not required. However, approval under State Law (Fla. Statute 403) may be required. Preliminary review of this application indicates that an'environmental impact statement will not be required. The decision whether to issue a part'it will b;t bazed*on an evaluation of the probable 'impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. the benefit which reaconcbly may be expected to accrue from the proposal must be 'balanced against itsreasonably foreseeable detrUients. All factors which may be relevcnt to the proposal will be considered; among those aro conservation, economics, aesthetics, general environmental concerns, hi€toric values, fish and wildlife values, flood damage prevention, land use classification, naevi;nticn, recreation, water supply, Water quality and, in general, the needs and welfare of the people. 110 parmit will be granted unless its issuance is found f to be in the public interest. Comments regarding the application should be submitted in writing to the District Engineer at the above address on or before 11 ily 197 .___• If you have any questions concerning this application you may contact Eul la of this office, telephone 904-791-2211 or 2212. k FOR THE DISTRICT ENGINEER: 00 ihT4 etrt�+::u'='y no.'lce t`at Ph. aoa:'d o! TrusV:es c,"• t.4' r (n iernll I:n?rubcr: cnt tnIst rand it;Is 00 c�;cct�'n kg�arKt o4 a U.S. Corps ct E. o n4ters permit inar:r,e<tion GAIL G. vREN Ty ttt t!4:5 Crojert Gr°v«,�'� cons:rucr,: n docs R: h tv.,t iti4)a tl operations Division sty m inner Irom and is.tro7 stn'cct�c.ccocic',Znre tir.:h tFt tiu.�tQ Chief, 1 T ; rR'�It }: C..,?1 �.��/��.jl I'3 - 2riQ i�:l' ;Ain . {� tUS ('�S Ft F c,nC [�ra•.:infs eccc,r:,z:.�:�� ti.c zvt.!:t::t:en to t ^ i:u"a V,at are ccuiidetvd G;,rl of its perrritt. ��l•�nBfqST(AN• 7. •,��D^ C3lo -Sr-1L P "Fill -'.-3 /'^\ ,.0 •1 r `i'N Czr. Gov't Lot 5p ,; 4� j% . /� Sac. 9 6-3�- M \\\ c:. 5 �..\• yip 1.0 % `� 3.0 t O , / 0 50 100 200 . I STREET_� _ o. • \�2.0 i \ y3 BAS 'ily0l.^\v .i�l�lER COUNTY , FLA. 1 �,r�,, n 1. PROJECT' �\ SY, SEBASTIAN, IAN, FLORIDA -Sr-1L P "Fill -'.-3 /'^\ ,.0 •1 r `i'N Czr. Gov't Lot 5p ,; 4� j% . /� Sac. 9 6-3�- M \\\ c:. 5 �..\• yip 1.0 % `� 3.0 t O , / 0 50 100 200 . I STREET_� _ o. • \�2.0 lNDI: iN RIVER 'ily0l.^\v .i�l�lER COUNTY , FLA. 1 �,r�,, Io 25 31 t ;s 0.31.5 ' \� SY, SEBASTIAN, IAN, FLORIDA ,�• V CITY HALL i arx�iT�L72foo :u.s �\ o s 2.0 3.0 If �aaTi.��al 70' 3E R£�AOVEO �a \ FRC!A ChANNEL; 3Y' A �` DRAGL !ME. 43.0 SECTION S ,70` NSHIP 31 S. ,��ANGE 39 S. 70\7� PRQPOS-_ D } HI -AD AIN0 p•f ca . lNDI: iN RIVER 'ily0l.^\v .i�l�lER COUNTY , FLA. �,r�,, ` CITY "OF SY, SEBASTIAN, IAN, FLORIDA �- CITY HALL 2.) 4?r, C L10yd � ? S��i-1J T i -•1N1, F L0RIDA { � I M H IS PRO'PUSED PIER -7 ZX;STING 80TTOM ELEVATiON NO Scale -A --j zi 00, PLAN A 1`10 Scoia PROPOSEDP ILE R, 3"'x 10"STRINGERS 8" DECKING -ELEV. 5.0 I 12"'t !8 'x 8' PRECAST COM". M.H.W. 0.9 M.LA 0.0 I'd' CONC. ME M. H.W. 0.9 EXISTING BOT70-M ':X I ST""G O'M 30T'T PROPOSED CHANNEL , I. R L.W. 0.0 PtOPOSED CHANNEL 0,4 1. . 163 OT 7 O.M -4.0 M I �-v 50, EXISTING SOTTOM PROPOS D CHANNEL SECTION A -A TYPICAL SECTION NO $coil Pio Scot* 0.9. 0 F1 0 S E D RI R TYPICAL SECTION $IHEET 2 'OF 2 NO scaia Off' TNF s 7'4 T8 J,���r4 E M VED JUN 26 1975 STATE OF FLORIDA �., � CY DEPARTMENT OF POLLUTION CONTROL 2562 EXECUTIVE CENTER CIRCLE, EAST ��ep"F'PJs� MONTGOMERY BUILDING TALLAHASSEE, FLORIDA 32301 PETER P. BALJET EXECUTIVE DIRECTOR June 17, 1975 Indian River County Dredge and Fill Certification 31-39-3193 DF 31-1435 City of Sebastian, Florida c/o Lloyd and Associates 1835 20th Street Vero Beach, Florida 32960 Subject: State Certification'in accordance with Section 401 (a) (1), Public Law 92-500, Federal Water Pollution Control Act (1972 Amendments) City of Sebastian, City Park, boat ramp, pier across access channel and bulkhead, Indian River, Indian River County. Gentlemen: _Please be advised that the revised drawings received and dated June 13, 1975 and the letter of June 11, 1975 attached to -this letter shall serve as a part of the "Water Quality Certification" for the above referenced project. This letter and attachments shall be considered as part of the "Water Quality Certification." Sincerely, Robert W. Hall, Administrator Dredge and Fill Section RWH/dwc Attachments cc: Corps of Engineers Board of Trustees SE Region Dept of Interior W.D. FREDERICK, JR. CHAIRMAN John R. Middlemas Mark D. Hollis Y. E. Hall Susan Uhl Wilson I BOARD MEMBER BOARD MEMBER BOARD MEMBER BOARD MEMBER PROPOSED PIER-;. EL • $•0 _ JUN '3 Is _ _f LqT y- P RC'07,.- mHky , I I COmFL-,Ei BULKHE:ADf 1MLW ! r I •�F �► i� i �i �� It �� i� . 1 EXISTING BOTTOM ELEVATION No SMO 1 A �,------- r.. 300, BULKHEAD PROPOSED PIER (3"x IO"STRINGERS ,z x 8"DECKING ELEV. 5. CTi ' Fill �7 �redco � IZ x I8"x 8. PRECAST CONC. � � M.K ,N_0.0 Dalai MM. 0.0 yl 10" CONC. PILE r; �? 07TOtS M. H. W. 0.9 M L.W. 0.0 �APROPOSED CHANNEL 1 } BOTTOM -4.0 M.L VIf ( EXISTING BOTTO.v1 PROPOSE:: CHr;nt•,;� ` SEC TION A -A TYP,C::L SECTI.G?� No Scnte ��F r ft/'i/ir'F�.T 72oUfJO � L %Tri, /.? ���i•[_ Nh t (%fed _ �'•coi�C. S[�� 2500 p5j. - ?r- DAV Lf/J� (f7PP.) • BOFT 1 sNQF� c I/ z SSC. 19' - 'iq (syter -1) i PROPOSED R 1 PR A P 1 TYPICAL. SECTION ..10 Scolo , SHEET 2 0F �_ i � I � I r J ' "l �rSED,9STIAN 1NLCT o z 1' CITY OF_ 1 SEBASTIAN ca PROJECT 0 I 2 3 4 E7 - SCA LE SCALE `RILES NW Cor. Govt Lot 5 G Y JUN 13 1975 - D R L D C E AN"DSr1LL .Cy i .'ice •� Y / i 4.0 �Sec.,6-31-3S 2.0 i� O � Fes; ` � �' � \ PFvY �,�� • C�� � , 3.0 0 SG' (GG 200 SCALE TREET S►.o � _ ..-- —II��i EEt 21 �i �C- 2.0 1 .7 a.5 < i 385.77 �c, ` �G � :G 1.5 , 4 \T ? 5::' REMOVED2.0 3.0 t G°,vLir ::tiD PLACED 1": SP01: AP-:.. P?EMAIN F? OF \ 1.0/ 2 7 FILL TO i;_ 7Ri1C<c'D 1!: Ai:C \ /�C'c6 Og PLAC=D 8Y DOZER BE -,*IND DIKES COINS T F",:;TEC BY DRAGL.IN, c p 76 �u.0SECTION 6 TO'. Ir 0 1 I G �6 S ,, 0 +M C6 "ED BY: .t F?C,[,c►t F Lloyd, P, c. ' LL'�YG AND ASSOGATES PROPOSED BULKHEAD AcN'D ltiID1riN IRIV,R INDIAN RIVER COU:\ Ty C ! F Y OF ; r 6r T _^ CITY HALL SEBASTIAN, FILOR;nr, �14E n �u y LLOYD AND ASSOCIATES ENGINEERS AND SURVEYORS ROBERT F. LLOYD REPORTS REOIST FRED CIVIL ENGINEER 3538 DESIGNS REGISTERED LAND SURVEYOR 944 SUPERVISION APPRAISALS CONSULTATIONS June 11, 1975 TELEPHONE JO Z-4112 1835 20TH STREET VERO BEACH, FLORIDA 32960 Indian River County Dredge and Fill Certification 31=39-3193 DF 31-1435 State of Florida, Department of Pollution Control 2562 Executive Center Circle, . East Montgomery Building Tallahassee, Florida 32301 Subject: State Certification in accordance with Section 401 (a) (1), Public Law 92-500, Federal Water Pollution Control Act (1972) Amend- ments) City of Sebastian, City Park, Boat Ramp, pier across access channel and bulkhead, Indian River, Indian River County. Att: Mr. Robert W. Hall Gentlemen: ' Enclosed is a set of -revised drawings including the subject stipulation as outlined per your letter'to the City of Sebastian, Florida dated June 4, 1975, The dredged material that was to be used as fill for the recreation area will be hauled away as that area has been eliminated at this time. Natural rip -rap will be placed on the sides of. the boat ramp and rip -rap will also ;be placed on the apparent mean high water line of the Indian River, as shown on'the revised drawings. Yours very truly, LLOYD AND A OCTA ES By: /v<P. Robert . L1, E. i �' ,�tni 1:3 1915 p �LDGE AND r iLL RFL/fhe ' cc: Eula Claydon - Corps of Engineers, Jacksonville Tom Savage - Department of Natural Resources J. W. Landers, Jr. T. I. I. F. LLOYD AND ASSOCIATES ENGINEERS AND SURVEYORS ROBERT F. LLOYD REPORTS REGISTERED CIVIL ENGINEER 353® DESIGNS REGISTERED LAND SURVEYOR 944 SUPERVISION APPRAISALS TELEPHONE JO Z-4112 1 8 3 5 2 O T H STREET CONSULTATIONS VER❑ BEACH, FLORIDA 32960 c _ June 25, 1975 State of Florida Board of Trustees of the Internal Improvement Trust Fund Elliot Building Tallahassee, Florida 32304 Re State Permit N=o. 31 - 39 - 3193 Issued to- City of Sebastian Attention- Mr. Dan F. Farley, Director Division of Land Management Gentlemen: We are returning to you the two permit forms which have been executed by The City of Sebastian. Yours very truly, LLOYD AND ASSOCIATES By: Hobert F.. Lloyd, P. E. RFL/fhe W/encs. ff h STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ELLIOT BUILDING — TALLAHASSEE. FLORIDA 32304 Joseph W. Landers, Jr. TELEPHONE 496-6123 Executive Director June 19, 1975 City of Sebastian c/o Lloyd & Associates 1835 - 20 Street Vero_Beach, Florida 32960 Gentlemen: State Permit No. 31-39-3193 Issued to: City of Sebastian Permit forms are enclosed for this project. Please execute both copies and return them to this office. A placard, together with a validated permit, will be trans- mitted to you upon return of the executed forms. Sincerely, Dan F. Farley. D> ector Division of Land Management DFF/ms Enclosures Reubin O'D. Askew Bruce A. Smathers Robert L. Shevin Gerald A. Lewis Governor Secretary of State Attorney General Comptroller Thomas D. O'Malley Ralph O. Turlington Doyle Conner Treasurer Commissioner of Education Commissioner of Agriculture � I � I � I � I PROPOSAL Proposal of to furnish all materials and to do and perform all work in accordance with the contract documents attached hereto for: CHANNEL DREDGING TO: The City of Sebastian P. O. Box 127 Sebastian, Florida 32958 Gentlemen: CITY OF SEBASTIAN The undersigned bidder has carefully examined the contract documents, the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. The undersigned agrees to do all the work and furnish all equipment called for by said plans and specifications, in the manner prescribed thereon, in afcordance with the contract documents and to the standards of quality and performance established by the Engineer, for the unit prices stated in the Schedule of Bid Items hereinafter set forth for each of the items stipulated. It is understood that the quantities shown in the schedule are approximate .only, subject to increase or decrease and for the purpose of bid comparisons for determination of low bidder. It is further understood that payment will be in accordance with actual quantities placed in the construction as more specifically provided in the Special Provisions and Detailed Specifications included as apart of the contract documents. The undersigned also agrees as follows: - 1. To do any extra work not covered by the Schedule of Bid Items, which may be ordered by the Engineer upon authorization of the Owner. To accept as full compensation therefor such prices as may be agreed upon in writing by the Engineer, and the Contractor, in accordance with Article 15, "General Conditions". ' 2. Within five days from the date of acceptance of this proposal, to execute the contract and to furnish the Owner a satisfactory contract bond com- plying with statutory requirements set forth in Chapter 255. 5, Laws of P-1 SCHEDULE OF BID ITEMS CHANNEL DREDGING for CITY OF SEBASTIAN, FLORIDA Item Est. Unit Total No. Description Qty. Unit Price Amount 1. Mobilization and Bond - Lump Sum. $ 2. Excavation of Unclassified Material - 2200 C. Y. $ $ SBI - 1 TOTAL: $ 1 Florida, in the sum of One hundred percent (100%) of the amount of the ' contract guaranteeing the faithful performance of the work and payment of bills. 3. To begin work within calendar days after the date of re- ceipt by him of Notice to Proceed, and to complete the work not later than calendar days after receipt of Notice to Proceed. 4. To reimburse the Owner, as liquidated damages for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the contract work the amount of per calendar day. Accompanying this proposal is a certified or cashier's check or bid bond in a sum of not less than five percent (5%) of the amount of the bid, payable to the Owner, which is to be forfeited as liquidated damages, if in the event this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory contract bond under the conditions and within the time specified in the proposal otherwise, said certified or cashier's check is to be returned to the undersigned. DATED THIS day of , 1973 LM Respectfully submitted, P-3 Contractor Address 1 FORM OF AGREEMENT 1 THIS AGREEMENT made and entered into on the day of ' by and between HEREINAFTER called the Contractor, and ' The City of Sebastian, P. O. Box 127, Sebastian, Florida 32958 LOCATED in Indian River County, Florida, hereinafter called the Owner. ' WITNESSETH 1 That the Contractor and the Owner, for the consideration hereinafter named, agree as follows: - Article 1. SCOPE OF WORK - The Contractor shall furnish all of the materials and perform all the work described in the specifi- cations entitled: - 1 CHANNEL DREDGING For: City of Sebastian, Florida ' and shall do everything required by this agreement and con- tract documents. Article 2. COMMENCEMENT AND COMPLETION - The Contractor will be rrquired to commence work under this contract with- in after the date of re- ceipt by him of Notice to Proceed and to complete the work not later than ' The Contractor agrees to reimburse the Owner, as liquidat- ed damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the contract work the amount of 1 per calendar day. ' FA - 1 SCHEDULE OF BID ITEMS CHANNEL DREDGING for CITY OF SEBASTIAN, FLORIDA Item Est. Unit Total No: Description Qty. Unit Price Amount 1. Mobilization and Bond - 2. Excavation of Unclassified Material - Lump Sum 2200 - C. Y. $ SBI - 1 TOTAL: $ $ Article 3. THE CONTRACT SUM -The Owner will pay the Contractor ' for performance of the contract, subject to additions and deductions provided thereto, in the current funds as per Schedule of Bid Items attached thereto. Article 4. PROGRESS PAYMENTS - The owner will make partial pay- ments uring the progress of the work as follows:- Partial payments of amounts calculated from quantities of work in place or properly stored at the job site and the unit prices will be made in cash before the tenth of each month on pay estimates based on the previous month's progress. Ten percent (10'-'o) of the amount due and payable to the Contract- or will be retained from each payment. ' Article 5. ACCEPTANCE AND FINAL PAYMENT - Upon receipt of written notice that the work is ready for final inspection and when they find the work acceptable under the contract and the contract fully performed, they will promptly issue a final certificate, over their signature, stating that the work pro- vided for in this contract has been completed, and acceptance by thein under the terms and the terms and the conditions thereof is recommended and the entire balance found to be due ' the Contractor subject to covenant in Article 26, of "General Conditions", will be paid to the Contractor at the office of the Owner within ten (10) days after the date of said final ' certificate. Before issuance of final certificate, the Con- tractor shall submit evidence satisfactory to the Owner that all payrolls, material bills and other indebtedness connected ' with the work have been paid. The making and acceptance of the final payment shall con- stitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the specifica- tions and of all claims by the Contractor, except those pre- viously made and still unsettled. ' Article 6. THE CONTRACT DOCUMENTS - The Call for Bids, Instruc- tion to Bidders, General Conditions, Special Provisions, Detailed Specifications, Proposal, Form of Agreement and ' Performance Bond form the contract and they are as fully a part of this contract as if the same were hereto attached or herein repeated. u on his Article 7. LIABILITY INSURANCE - The Contractor part, p ' agrees to protect, indemnify, save harmless, and insure the Owner from any liability to any persons for injuries to the person, including homicide, or damage to property, re- sulting from the acts or ommissions of the Contractor in per - FA - 2 ' forming his obligations under this contract. The parties ex- pressly recognize that the relationship between the Owner and the Contractor is that of independent contractors, and ' that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, ser- vant, or employee of the Owner. ' Article 8. PERFORMANCE BOND - The Contractor shall furnish the Owner immediately upon the execution of this contract, a ' performance bond in the penal sum of with good and sufficient sureties, conditioned upon the per- ' formance of this contract by the Contractor in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such Con- ' tractor shall promptly make payment to all persons supply- ing him labor, materials and supplies used directly or in- directly by the said Contractor in the prosecution of the work provided for in this contract. 11 FA - 3 IN WITNESS WHEREOF, the parties hereto have executed this greement the day and year first written above. (Contractor) By:, President Attest Signed and sealed by the Contractor in the presence of: Signed and sealed by the Owner in the presence of: CITY OF SEBASTIAN, FLORIDA Owner Attest APPROVED AS TO FORM i II'(Owner'sAttorney) ' FA -4 FI' PERFORMANCE AND PAYMENT BOND 1 KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the Principal) as Principal, and a corporation authorized to execute surety bonds under the laws of the State ' of Florida, as Surety, are held and firmly bound unto hereinafter called the Owner and to all persons ' supplying the Principal with labor, material and supplies used directly or indirectly by the said Principal as Contractor or its subcontractors in the prosecution of the work provided for in the contract between the Principal ' and the Owner, as hei einafter described, in the just and full sum of $ _ -- ' Dollars for the payment of which sum, well and truly to be made, the said Principal and Surety bind them- selves and their respective heirs, administrators, executors, successors and assigns jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Owner dated the day of , 19 as follows: which contract is hereby referred to and made a part hereof as fully and ' to the same extent as if set forth herein. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall fully indemnify the Owner from and against any failure on the part of the Principal faithfully to perform the obligations imposed upon the Principal under the terms of said contract and shall ' promptly make payments to all persons supplying the principal with labor, material and supplies, used directly or indirectly by the said Principal or its sub -contractors in the prosecution of the work provided for in said contract, each of which said persons shall have a direct right of action on this instrument in his own name and for his own benefit and in accordance with all the applicable provisions contained in Section 255. 05 Florida Statutes Annotated, then this obligation to be void, otherwise to remain in full force and effect. PPB - 1 IN WITNESS HEREOF said Principal and Surety have signed and ' sealed this instrument this day of , 19 . 11 SEAL By SEAL Principal SEAL By SEAL Surety