modified form of agreement between owner and design

DBIA Document No. 525 • Modified Form of Agreement Between Owner and Design-Builder - Lump Sum © 1998 Design-Build Institute of America

Modified Form of Agreement Between Owner and Design-Builder ─ Lump Sum

This document has important legal consequences. Consultation with

an attorney is recommended with respect to its completion or modification.

This AGREEMENT is made as of the _____ day of _____________, in the year of 2018, by and between the following parties, for services in connection with the Project identified below.

OWNER: City of Cocoa Beach 1600 Minutemen Causeway

P.O. Box 322430

Cocoa Beach, FL 32932

DESIGN-BUILDER: Finfrock Construction, Inc. 2400 Apopka Blvd. Apopka, FL 32703 407-293-4000

PROJECT:

City of Cocoa Beach Parking Structure 29 South Orlando Avenue Cocoa Beach, FL 32931 In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder

agree as set forth herein.


Article 1

Scope of Work

1.1 Design-Builder shall perform all design and construction services, and provide all material,

equipment, tools and labor, necessary to complete the Work described in the attached Scope of Work.

Article 2

Contract Documents

2.1 The Contract Documents are comprised of the following:

.1 All written modifications, amendments and change orders to this Agreement issued in

accordance with DBIA Document No. 535, Modified Form of General Conditions of

Contract Between Owner and Design-Builder (1998 Edition) (“General Conditions of

Contract”);

.2 This Agreement, including all exhibits and attachments, executed by Owner and Design-

Builder;

.3 Written Supplementary Conditions, if any, to the General Conditions of Contract;

.4 The General Conditions of Contract;

.5 Construction Documents prepared and approved in accordance with Section 2.4 of the

General Conditions of Contract;

.6 The following other documents, if any:

Exhibit A: Summary of Work

Exhibit A.1: Schematic Documents

Exhibit A.2: Civil Drawings

Exhibit B: Schedule of Values

Exhibit C: Design-Builder’s Permit list

Exhibit D: Project Schedule

Exhibit E: Insurance Certificate

Exhibit F: Owner’s Geotechnical Report

Exhibit G: Logistics Plan

Exhibit H: Payment Applications

Exhibit I: Florida Statutory Lien Waivers

Article 3

Interpretation and Intent

3.1 The Contract Documents are intended to permit the parties to complete the Work and all

obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The


Contract Documents are intended to be complementary and interpreted in harmony so as to avoid

conflict, with words and phrases interpreted in a manner consistent with construction and design industry

standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract

Documents, the Contract Documents shall take precedence in the order in which they are listed in

Section 2.1 hereof.

3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have

the meanings given them in the General Conditions of Contract.

3.3 The Contract Documents form the entire agreement between Owner and Design-Builder and by

incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or

other agreements have been made by the parties except as specifically stated in the Contract

Documents.

Article 4

Ownership of Work Product

4.1 Work Product. All drawings, specifications and other documents and electronic data furnished

by Design-Builder to Owner under this Agreement (“Work Product”) are deemed to be instruments of

service and Design-Builder shall retain the ownership and property interests therein, including the

copyrights thereto.

4.2 Owner’s Limited License Upon Payment in Full. Upon Owner’s payment in full for all Work

performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the

Work Product in connection with Owner’s occupancy of the Project, conditioned on Owner’s express

understanding that its use of the Work Product is at Owner’s sole risk and without liability or legal

exposure to Design-Builder or anyone working by or through Design-Builder, including Design

Consultants of any tier (collectively the “Indemnified Parties”).

4.3 Owner’s Limited License Upon Owner’s Termination for Convenience or Design-Builder’s

Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8

hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the

General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due

Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to

complete the Project and subsequently occupy the Project, conditioned on the following:

.1 Use of the Work Product is at Owner’s sole risk without liability or legal exposure to any

Indemnified Party; and

.2 Owner agrees to pay Design-Builder the additional sum of Two Hundred and Fifty

Thousand Dollars ($250,000) as compensation for the right to use the Work Product in

accordance with this Article 4 if Owner resumes the Project through its employees,

agents, or third parties.

4.4 Owner’s Limited License Upon Design-Builder's Default. If this Agreement is terminated due

to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract and (i) it is

determined that Design-Builder was in default and (ii) Owner has fully satisfied all of its obligations under

the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in

connection with Owner’s completion and occupancy of the Project. This limited license is conditioned on

Owner’s express understanding that its use of the Work Product is at Owner’s sole risk and without

liability or legal exposure to any Indemnified Party.


4.5 Changes in the Work. If Owner elects to proceed with a change to the Work in accordance with

Article 9 of the General Conditions wherein Work Product of Design-Builder is built by others, Design-

Builder shall grant Owner a limited license to use the Work Product in connection with the Project,

conditioned on Owner’s express understanding that such use is at Owner’s sole risk without liability or

legal exposure to any Indemnified Party herein.

4.6 Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product under any

of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless the

Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses,

including attorneys’ fees, through any appeals, arising out of or resulting from the use of the Work

Product.

4.7 “Of Record” Status. Notwithstanding anything to the contrary, Design-Builder and Design-

Builder’s lower-tiered entities shall not be obligated to engage or perform as Architect-of-Record,

Engineer-of-Record or other “of-Record” status except when Design-Builder performs the Work.

Article 5

Contract Time

5.1 Date of Commencement. The Work shall immediately commence in accordance with the

Project Schedule, upon contract execution. The Work shall commence immediately after Design-

Builder’s receipt of a notice to proceed from Owner, unless the parties mutually agree otherwise in

writing. Owner shall provide Design-Builder with such notice to proceed no later than the date referenced

in the Project Schedule. Should Owner fail to provide the requisite notice to proceed by the date

referenced in the Project Schedule, Design-Builder and Owner shall mutually agree upon a change in the

contract price and time.

5.2 Substantial Completion and Final Completion

5.2.1 Substantial Completion of the entire Work shall be achieved no later than the date shown on the

Project Schedule. (“Scheduled Substantial Completion Date”).

5.2.2 Owner milestone dates are indicated in the section referencing Owner requirements

5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously

as reasonably practicable.

5.2.4 All of the dates set forth in this Article 5 (“Contract Time(s)”) shall be subject to adjustment in

accordance with the General Conditions of Contract.

5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence

with respect to the dates and times set forth in the Contract Documents.

5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained

by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to

determine or accurately specify. Due to the fact that such damages are difficult to determine or

accurately specify, Design-Builder agrees that if Substantial Completion is not attained by thirty (30) days

after the Scheduled Substantial Completion Date (the ”LD Date”), Designer-Builder shall pay Owner One


Thousand Dollars ($500.00) per day as liquidated damages for each day that Substantial Completion

extends beyond the LD Date. The liquidated damages provided herein shall not be construed as a

penalty and shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties

and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner

which are occasioned by any delay in achieving Substantial Completion.

Article 6

Contract Price

6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General

Conditions of Contract the sum of Five Million, One Hundred and Eighty-Five Thousand and Zero Dollars

($5,185,000.00) (“Contract Price”), subject to adjustments made in accordance with the General

Conditions of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is

deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements.

6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work,

and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions

of Contract, the following markups shall be allowed on such changes: Ten percent (10%)

Article 7

Procedure for Payment

7.1 Progress Payments

7.1.1 Design-Builder shall submit to Owner on the twenty fifth (25th) day of each month, projected

through the end of the month, beginning with the first month after the Date of Commencement, Design-

Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract.

Owner shall have five (5) business days to review and provide revision suggestions or requests to

Design-Builder regarding such Application for Payment. Should Owner provide no revision suggestions or

requests, such Application for Payment shall be deemed acceptable.

7.1.2 Owner shall make payment no later than the 20th of the following month after Owner’s receipt of

each Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in

each case less the total of payments previously made, and less amounts properly withheld under Section

6.3 of the General Conditions of Contract. Exhibit H (Design Builder’s application for payment) will be

used for payment applications.

7.2 Retainage on Progress Payments

7.2.1 Owner will retain ten percent (10%) of each Application for Payment provided, however, that

when fifty percent (50%) of the Work has been completed by Design-Builder, Owner will not retain any

additional amounts from Design-Builder’s subsequent Applications for Payment. Owner will also

reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 5%

retainage will be held on all change orders regardless of when such change orders are executed or

performed.


7.2.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work,

pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design-Builder all

retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an

amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the

Certificate of Substantial Completion. Owner agrees that no more than 100% of the value of the

remaining work to be completed shall be withheld as retainage when the Design/Builder has reached

Substantial Completion on the Project, whether or not Owner supplied items have been supplied (ie,

permanent power, water, etc.). Once the Design/Builder has its obligations completed and is only waiting

on completion of Owner scope items to be in place, the reduction shall be in effect. The Design/Builder’s

retainage shall be reduced to the percentage specified herein, provided the Design/Builder is not in

default of the agreement and the work can reasonably be completed for the balance of the contract

amount.

7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in

accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on

Design-Builder’s Final Application for Payment within thirty (30) days after Owner’s receipt of the Final

Application for Payment, provided that Design-Builder has satisfied the requirements for final payment set

forth in Section 6.7.2 of the General Conditions of Contract.

7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or

final payment, shall bear interest commencing on the date payment is due at the rate of ten percent

(10%) per annum. If payment is not made within 60 days after due date, the interest rate shall increase to

the maximum amount allowed by law.

7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a

cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and

detailed accounts and exercise such controls as may be necessary for proper financial management,

using accounting and control systems in accordance with generally accepted accounting principles and

as may be provided in the Contract Documents. During the performance of the Work and for a period of

three (3) years after Final Payment, Owner and Owner’s accountants shall be afforded access from time

to time, upon reasonable notice, to Design-Builder’s records, books, correspondence, receipts,

subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work

performed on a cost basis in accordance with the Contract Documents, all of which Design-Builder shall

preserve for a period of three (3) years after Final Payment.

Article 8

Termination for Convenience

8.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without

cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the

following:

.1 All Work executed and for proven loss, cost or expense in connection with the Work;

.2 The reasonable costs and expenses attributable to such termination, including

demobilization costs and amounts due in settlement of terminated contracts with

Subcontractors and Design Consultants; and

.3 The fair and reasonable sums for overhead and profit on the sum of items .1 and .2

above.


8.2 In addition to the amounts set forth in Section 8.1 above, Design-Builder shall be entitled to

receive one of the following as applicable:

.1 If Owner terminates this Agreement prior to commencement of construction, Design-

Builder shall be paid five percent (5%) of the remaining balance of the Contract Price.

.2 If Owner terminates this Agreement after commencement of construction, Design-Builder

shall be paid ten percent (10%) of the remaining balance of the Contract Price.

8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and

construct the Project through its employees, agents or third parties, Owner’s rights to use the Work

Product shall be as set forth in Section 4.3 hereof.

Article 9

Representatives of the Parties

9.1 Owner’s Representatives

9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner’s Senior

Representative"), which individual has the authority and responsibility for avoiding and resolving disputes

under Section 10.2.3 of the General Conditions of Contract:

Jim McKnight

City Manager

1600 Minutemen Causeway

P.O. Box 322430


(321) 868-3201

9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has

the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract:

Wayne Carragino

Project Manager


P.O. Box 322430


(321) 868-3215

9.2 Design-Builder’s Representatives

9.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-

Builder’s Senior Representative"), which individual has the authority and responsibility for avoiding and

resolving disputes under Section 10.2.3 of the General Conditions of Contract:

M. Stan Jones

Chief Operating Officer


Finfrock Construction, Inc.

2400 Apopka Blvd.

Apopka, FL 32703

(407) 293-4000

9.2.2 Design-Builder designates the individual listed below as its Design-Builder’s Representative,

which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of

Contract:

Marc Hayes

Project Manager

Finfrock Construction, Inc.

2400 Apopka Blvd.

Apopka, FL 32703

(407) 293-4000

Article 10

Bonds and Insurance

10.1 Insurance. Design-Builder shall procure insurance in accordance with Article 5 of the General

Conditions of Contract.

10.2 Bonds and Other Performance Security. Design-Builder shall provide the following

performance bond and labor and material payment bond or other performance security: (Insert the amount of

bonds and any other conditions of the bonds or other security)

Article 11

Other Provisions

11.1 Other provisions, if any, are as follows: (Insert any additional provisions)


In executing this Agreement, Owner and Design-Builder each individually represents that it has the

necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary

corporate approvals to execute this Agreement, and perform the services described herein.

OWNER: DESIGN-BUILDER:

CITY OF COCOA BEACH FINFROCK CONSTRUCTION, INC. (Name of Owner)

(Signature) (Signature)

Daniel L. Helmick, Jr. (Printed Name) (Printed Name)

Executive Vice President (Title) (Title)

Date: Date:

DBIA Document No. 535 • Modified Form of General Conditions Page i of Contract Between Owner and Design-Builder © 1998 Design-Build Institute of America

Modified Form of General Conditions of Contract Between Owner and Design-Builder

This document has important legal consequences. Consultation with

an attorney is recommended with respect to its completion or modification.

Table of Contents

Article 1: General .................................................................................................................................. 1

Article 2: Design-Builder’s Services and Responsibilities ................................................................... 1

Article 3: Owner’s Services and Responsibilities ................................................................................ 5

Article 4: Hazardous Conditions and Differing Site Conditions ............................................................ 6

Article 5: Insurance and Bonds ............................................................................................................ 7

Article 6: Payment ................................................................................................................................ 9

Article 7: Indemnification .................................................................................................................... 11

Article 8: Time ..................................................................................................................................... 12

Article 9: Changes to the Contract Price and Time ............................................................................ 12

Article 10: Contract Adjustments and Disputes .................................................................................... 14

Article 11: Stop Work and Termination for Cause ................................................................................ 15

Article 12: Miscellaneous ...................................................................................................................... 17

DBIA Document No. 535 • Modified Form of General Conditions of Contract Between Owner and Design-Builder © 1998 Design-Build Institute of America

Article 1

General

1.1 Mutual Obligations

1.1.1 Owner and Design-Builder commit at all times to cooperate fully with each other, and proceed on

the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract

Documents pursuant to applicable law.

1.2 Basic Definitions

1.2.1 Agreement refers to the executed contract between Owner and Design-Builder under DBIA

Document No. 525, Modified Form of Agreement Between Owner and Design-Builder - Lump Sum (1998

Edition).

1.2.2 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract

Documents.

1.2.3 Design Consultant is a qualified, licensed design professional who is not an employee of Design-

Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-

Builder or Subcontractor, to furnish design services required under the Contract Documents.

1.2.4 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be

hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of

which are regulated by applicable Legal Requirements.

1.2.5 General Conditions of Contract refer to this DBIA Document No. 535, Modified Form of General

Conditions of Contract Between Owner and Design-Builder (1998 Edition).

1.2.6 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules,

regulations, orders and decrees of any government or quasi-government entity having jurisdiction over

the Project or Site, the practices involved in the Project or Site, or any Work.

1.2.7 Site is the land or premises on which the Project is located.

1.2.8 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to

perform a portion of the Work and shall include materialmen and suppliers.

1.2.9 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent

contractor to perform any portion of a Subcontractor’s Work and shall include materialmen and suppliers.

1.2.10 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is

sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended

purposes.

1.2.11 Work is comprised of all Design-Builder’s design, construction and other services required by the

Contract Documents, including procuring and furnishing all materials, equipment, services and labor

reasonably inferable from the Contract Documents.

DBIA Document No. 535 • Modified Form of General Conditions Page 3 of Contract Between Owner and Design-Builder © 1998 Design-Build Institute of America

Article 2

Design-Builder’s Services and Responsibilities

2.1 General Services

2.1.1 Design-Builder’s Representative shall be reasonably available to Owner and shall have the

necessary expertise and experience required to supervise the Work. Design-Builder’s Representative

shall communicate regularly with Owner and shall be vested with the authority to act

on behalf of Design-Builder. Design-Builder’s Representative may be replaced only with the mutual

agreement of Owner and Design-Builder.

2.1.2 Design-Builder shall provide Owner with a monthly status report detailing the progress of the

Work, including whether (i) the Work is proceeding according to Schedule, (ii) discrepancies, conflicts, or

ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in

connection with the Work, and (iv) other items require resolution so as not to jeopardize Design-Builder’s

ability to complete the Work for the Contract Price and within the Contract Time(s).

2.1.3 Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated

by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner’s review and response. The

Schedule shall indicate the dates for the start and completion of the various stages of Work, including the

dates when Owner information and approvals are required to enable Design-Builder to achieve the

Contract Time(s). The Schedule shall be revised as required by conditions and progress of the Work, but

such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract

Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner’s review of

and response to the Schedule shall not be construed as relieving Design-Builder of its complete and

exclusive control over the means, methods, sequences and techniques for executing the Work.

2.1.4 The parties will meet prior to jobsite mobilization to discuss issues affecting the administration of

the Work and to implement the necessary procedures, including those relating to submittals and payment,

to facilitate the ability of the parties to perform their obligations under the Contract Documents.

2.2 Design Professional Services

2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified,

licensed design professionals employed by Design-Builder, or procured from qualified, independent

licensed Design Consultants, the necessary design services, including architectural, engineering and

other design professional services, for the preparation of the required drawings, specifications and other

design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents.

Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship

between Owner and any Design Consultant.

2.3 Standard of Care for Design Professional Services

2.3.1 The standard of care for all design professional services performed to execute the Work shall be

the care and skill ordinarily used by members of the design profession practicing under similar conditions

at the same time and locality of the Project.

2.4 Design Development Services

2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract

Documents, agree upon any interim design submissions that Owner may wish to review, which interim

design submissions may include design criteria, drawings, diagrams and specifications setting forth the


Project requirements. Such submission shall be in compliance with the date(s) shown in the Project

Schedule and shall be referred to herein as “Construction Documents.”

2.4.2 Owner’s review and approval of interim design submissions and the Construction Documents is

for the purpose of mutually establishing a conformed set of Contract Documents compatible with the

requirements of the Work. Neither Owner’s review nor approval of any interim design submissions and

Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner.

2.4.3 To the extent not prohibited by the Contract Documents or Legal Requirements, Design-Builder

may prepare interim design submissions and Construction Documents for a portion of the Work to permit

construction to proceed on that portion of the Work prior to completion of the Construction Documents for

the entire Work.

2.5 Legal Requirements

2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall

provide all notices applicable to the Work as required by the Legal Requirements.

2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design-Builder for

the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting

the performance of the Work. Such effects may include, without limitation, revisions Design-Builder is

required to make to the Construction Documents because of changes in Legal Requirements.

2.6 Government Approvals and Permits

2.6.1 Design-Builder shall be responsible for the permits enumerated in Exhibit “C.” Owner shall be

responsible for any and all other requisite approvals or permits.

2.6.2 Upon Owner’s written request, Design-Builder shall provide reasonable assistance to Owner in

obtaining those permits, approvals and licenses that are Owner’s responsibility. Design-Builder at its

own option can pay for permits for Owner, in such case; Design-Builder will submit an application for

payment separate from its monthly application. Payment for such invoice shall be due 10 days after its

submission. Interest on unpaid balances shall be accrued per the interest provisions of the main body of

the contract (DBIA Document 525).

2.7 Design-Builder’s Construction Phase Services

2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a

separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary

supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and

other temporary facilities to permit Design-Builder to complete construction of the Project consistent with

the Contract Documents.

2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise,

skill and competence to satisfy the requirements of the Contract Documents. Design-Builder shall at all

times exercise complete and exclusive control over the means, methods, sequences and techniques of

construction.

2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform

the Work consistent with the Contract Documents. Owner may reasonably object to Design-Builder’s

selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted

to the extent that Owner’s decision impacts Design-Builder’s cost and/or time of performance.


2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of

Subcontractors and any acts and omissions in connection with such performance. Nothing in the

Contract Documents is intended or deemed to create any legal or contractual relationship between Owner

and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights.

2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work

on the Project or at the Site with separate contractors under Owner’s control, Design-Builder agrees to

reasonably cooperate and coordinate its activities with those of such separate contractors so that the

Project can be completed in an orderly and coordinated manner without unreasonable disruption.

2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to

permit Design-Builder to perform its construction services efficiently, safely and without interfering with the

use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-

Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools

arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of

the Project for its intended use.

2.8 Design-Builder’s Responsibility for Project Safety

2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to

prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work,

including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all

other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing

and monitoring all safety precautions and programs related to the performance of the Work. Design-

Builder shall, prior to commencing construction, designate a Safety Representative with the necessary

qualifications and experience to supervise the implementation and monitoring of all safety precautions

and programs related to the Work. Unless otherwise required by the Contract Documents, Design-

Builder’s Safety Representative shall be an individual stationed at the Site who may have responsibilities

on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the

Site and shall hold weekly safety meetings with Design-Builder’s personnel, Subcontractors and others

as applicable.

2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as

well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such

Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will

immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to

Owner’s Representative and, to the extent mandated by Legal Requirements, to all government or quasi-

government authorities having jurisdiction over safety-related matters involving the Project or the Work.

2.8.3 Design-Builder’s responsibility for safety under this Section 2.8 is not intended in any way to

relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and

responsibility for (i) complying with all Legal Requirements, including those related to health and safety

matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and

programs to guard against injury, losses, damages or accidents resulting from their performance of the

Work.

2.9 Design-Builder’s Warranty

2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment

furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents,

of good quality, in conformance with the Contract Documents and free of defects in materials and

workmanship. Design-Builder’s warranty obligation excludes defects caused by abuse, alterations, or

failure to maintain the Work by persons other than Design-Builder or anyone for whose acts Design-

Builder may be liable. Nothing in this warranty is intended to limit any manufacturer’s warranty which


provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents.

Design-Builder will provide Owner with all manufacturers’ warranties upon Substantial Completion.

2.10 Correction of Defective Work

2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the

Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one

(1) year from the date of Substantial Completion of the Work or any portion of the Work, or within such

longer period to the extent required by the Contract Documents. Such duty to correct Work shall not

extend to any consumable, maintenance or landscaping item, scope or material.

2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work

is not in conformance with the Contract Documents, take meaningful steps to commence correction of

such nonconforming Work, including the correction, removal or replacement of the nonconforming Work

and any damage caused to other parts of the Work affected by the nonconforming Work, provided that

such correction, removal or replacement is practicable. If Design-Builder fails to commence the

necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided

under the Contract Documents, may provide Design-Builder with written notice that Owner will commence

correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work,

Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such

correction. If the nonconforming Work creates an emergency requiring an immediate response, the

seven (7) day periods identified herein shall be deemed inapplicable.

2.10.3 The one year period referenced in Section 2.10.1 above applies only to Design-Builder’s

obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any

other rights or remedies Owner may have regarding Design-Builder’s other obligations under the Contract

Documents.

Article 3

Owner’s Services and Responsibilities

3.1 Duty to Cooperate

3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and perform

its responsibilities, obligations and services in a timely manner to facilitate Design-Builder’s timely and

efficient performance of the Work and so as not to delay or interfere with Design-Builder’s performance of

its obligations under the Contract Documents.

3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and Construction

Documents consistent with the turnaround times set forth in Design-Builder’s Schedule.

.1 Owner agrees to approve or respond to all construction document submittals within one week

of receipt. Any comments or changes to the proposed construction documents shall be noted

thereon and the documents shall be considered approved as noted.

3.2 Furnishing of Services and Information

3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its

own cost and expense, for Design-Builder’s information and use the following, all of which Design-

Builder is entitled to rely upon in performing the Work:

.1 Surveys describing the property, boundaries, topography and reference points for use during

construction, including existing service and utility lines;


.2 Geotechnical studies describing subsurface conditions, and other surveys describing other

latent or concealed physical conditions at the Site;

.3 Temporary and permanent easements, zoning and other requirements and encumbrances

affecting land use, or necessary to permit the proper design and construction of the Project

and enable Design-Builder to perform the Work;

.4 A legal description of the Site;

.5 To the extent available, as-built and record drawings of any existing structures at the Site;

and

.6 To the extent available, environmental studies, reports and impact statements describing the

environmental conditions, including Hazardous Conditions, in existence at the Site.

.7 Civil and Utility designs describing the proposed surface and subsurface improvements

including utility lines and their tie-in locations.

3.2.2 Owner represents that items furnished in Sections 3.2.1.1-7 are accurate and

contemporaneous and assumes the liability and risk associated with any errors, omission or

inaccuracies therein. Any and all damages sustained to Design-Builder and its agents, Owner and

its agents, or any third party to which Design-Builder is liable based on defects in items provided

are solely the responsibility of Owner.

3.2.3 Owner is responsible for securing and executing all necessary agreements with adjacent land or

property owners that are necessary to enable Design-Builder to perform the Work. Owner is further

responsible for all costs, including attorneys’ fees, incurred in securing any such necessary agreements.

3.2.4 Owner shall deliver to Design-Builder a properly compacted building pad or vacated site as

detailed in Summary of Work, attached as Exhibit “A“ to the agreement, for the Project no later than the

milestone date shown on Project Schedule, attached as Exhibit “D“ to the agreement. Owner

acknowledges that delivery of the pad on the aforesaid date is on the critical path of Design-Builder’s

Schedule and, as such, Design-Builder shall be entitled to a negotiated time extension (but in no event

shall this extension be less than a day-for-day) to the completion of the Project for each day Owner

delays in delivering the aforesaid pad.

3.3 Financial Information

3.3.1 At Design-Builder’s request, Owner shall promptly furnish reasonable evidence satisfactory to

Design-Builder that Owner has adequate funds available and committed to fulfill all of Owner’s

contractual obligations under the Contract Documents. If Owner fails to furnish such financial information

in a timely manner, Design-Builder may stop Work under Section 11.3 hereof or exercise any other right

permitted under the Contract Documents. Design-Builder reserves the right to require Owner to place

funds in escrow as security for the completion of the Work.

3.3.2 Design-Builder shall cooperate with the reasonable requirements of Owner’s lenders or other

financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design-

Builder shall have no obligation to execute for Owner or Owner’s lenders or other financial sources any

documents or agreements that require Design-Builder to assume obligations or responsibilities greater

than those existing obligations Design-Builder has under the Contract Documents.

3.4 Owner’s Representative


3.4.1 Owner’s Representative shall be responsible for providing Owner-supplied information and

approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract

Documents. Owner’s Representative shall also provide Design-Builder with timely notice if it observes

any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors,

omissions or defects in the performance of the Work.

3.5 Government Approvals and Permits

3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges

and inspection fees except for set forth in the Design-Builder’s Permit List attached as Exhibit “C” to the

Agreement.

3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits,

approvals and licenses that are Design-Builder’s responsibility.

3.6 Owner’s Separate Contractors

3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors

under Owner’s control. Owner shall contractually require its separate contractors to cooperate with, and

coordinate their activities so as not to interfere with Design-Builder in order to enable Design-Builder to

timely complete the Work consistent with the Contract Documents.

3.6.2 Design-Builder shall be entitled to a reasonable time extension should Owner’s other contractors

fail to complete all work surrounding the Design-Builder’s Project to allow for a timely receipt of the

Certificate of Occupancy is denied due to the action or inactions of others.

Article 4

Hazardous Conditions and Differing Site Conditions

4.1 Hazardous Conditions

4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design-

Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any

Hazardous Conditions, Design-Builder will stop Work immediately in the affected area and duly notify

Owner and, if required by Legal Requirements, all government or quasi-government entities with

jurisdiction over the Project or Site.

4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the

necessary measures required to ensure that the Hazardous Conditions are remediated or rendered

harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i)

ascertain whether Hazardous Conditions have actually been encountered, and, if they have been

encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous

Conditions or render the Hazardous Conditions harmless.

4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after

Owner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed

or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-

government entities having jurisdiction over the Project or Site.

4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, to an

adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time

of performance have been adversely impacted by the presence of Hazardous Conditions.


4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-

Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and

their officers, directors, employees and agents, from and against any and all claims, losses, damages,

liabilities and expenses, including attorneys’ fees and expenses, through any appeals, arising out of or

resulting from the presence, removal or remediation of Hazardous Conditions at the Site.

4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for

Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts

they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and Owner’s

officers, directors, employees and agents from and against all claims, losses, damages, liabilities and

expenses, including attorneys’ fees and expenses, through any appeals, arising out of or resulting from

those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for

whose acts they may be liable.

4.2 Differing Site Conditions

4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially

differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing

materially from the conditions ordinarily encountered and generally recognized as inherent in the Work

are collectively referred to herein as "Differing Site Conditions." If Design-Builder encounters a Differing

Site Condition, Design-Builder will be entitled to a reasonable adjustment in the Contract Price and/or

Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted

by the Differing Site Condition.

4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide timely written notice to

Owner of such condition, which notice shall not be later than fourteen (14) days after the longer of (i) the

schedule and cost impact of such condition if known or (ii) such condition has been recognized. Design-

Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition

has been substantially disturbed or altered.

Article 5

Insurance and Bonds

5.1 Design-Builder’s Insurance Requirements

5.1.1 Design-Builder shall provide Owner with insurance with an insurer rated “A- VIII” or greater rating

by the A. M. Best Company with the following minimum terms, or its equivalent:

5.1.1.1 Commercial General Liability – on an occurrence basis and which MUST include Contractual

Liability with limits of:

General Aggregate o $2,000,000

Product and Completed Operations Aggregate o $2,000,000

Personal and Advertising Injury o $1,000,000

Each Occurrence o $1,000,000

Damage to Premises Rented to You o $100,000

Medical Expenses – One Person o $5,000


5.1.1.2 Commercial Automobile Liability – on an occurrence basis covering owned, non-owned and

hired vehicles with limits of:

Bodily Injury and Property Damage o $1,000,000

5.1.1.3 Excess/Umbrella Liability – with coverage as least as broad as the underlying policies and limits

of:

Each Occurrence o $10,000,000

General Aggregate o $10,000,000

Products/Completed Operations Aggregate o $10,000,000

5.1.1.4 Worker’s Compensation and Employers Liability – with limits of:

Workers’ Compensation o Statutory

Employer’s Liability o Bodily Injury by Accident – Each Accident $1,000,000

o Bodily Injury by Disease – Policy Limit $1,000,000

o Bodily Injury by Disease – Each Employee $1,000,000

5.1.1.5 Design-Builder’s Professional Liability and Pollution Coverage - providing coverage for a

wrongful act in the rendering or failure to render professional services and/or covered operations

performed for others which result in a pollution condition:

Each Claim Limit $5,000,000

Policy Term Aggregate $5,000,000

5.1.1.6 Business Personal Property of Others

Each Occurrence $1,000,000

5.1.1.7 Description of operations/ locations/ vehicles/ exclusions added by endorsement/ special

provisions

5.1.1.8 Owner shall be named on a primary and non-contributory basis as an Additional Insured with

regard to General Liability (including Completed-Operations) and Auto Liability. Any Excess or Umbrella

insurance will be Follow Form. Waiver of subrogation applies to General Liability and Workers’

Compensation in favor of Owner.

5.1.1.9 Upon request, a certificate of insurance will be provided along with copies of any applicable

endorsements shown above including, but not limited to the policy’s additional insured endorsement

forms.

5.1.2 Design-Builder’s liability insurance set forth in Sections 5.1.1.1 through 5.1.1.7 above shall

specifically delete any design-build or similar exclusions that could compromise coverages because of the

design-build delivery of the Project.

5.1.3 To the extent Owner requires Design-Builder or any Design Consultant to provide professional

liability insurance for claims arising from the negligent performance of design services by Design-Builder

or the Design Consultant, the coverage limits, duration and other specifics of such insurance shall be as

set forth in the Agreement. Any professional liability shall specifically delete any design-build or similar


exclusions that could compromise coverages because of the design-build delivery of the Project. Such

policies shall be provided prior to the commencement of any design services herein.

5.1.4 Prior to commencing any construction services herein, Design-Builder shall provide Owner with

certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full

force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no

insurance coverage will be canceled unless at least thirty (30) days prior written notice is given to Owner.

5.2 Owner’s Liability Insurance

5.2.1 Owner shall procure and maintain from insurance companies authorized to do business in the

state in which the Project is located such liability insurance to protect Owner from claims which may arise

from the performance of Owner’s obligations under the Contract Documents or Owner’s conduct during

the course of the Project.

5.3 Owner’s Property Insurance

5.3.1 Unless otherwise provided in the Contract Documents, Owner shall procure and maintain from

insurance companies authorized to do business in the state in which the Project is located property

insurance upon the entire Project to the full insurable value of the Project, including professional fees,

overtime premiums and all other expenses incurred to replace or repair the insured property. The

property insurance obtained by Owner shall include as additional insureds the interests of Owner, Design-

Builder, Design Consultants, material suppliers, Subcontractors and Sub-Subcontractors, and shall insure

against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood,

earthquake, wind, debris removal and other perils or causes of loss as called for in the Contract

Documents. The property insurance shall include physical loss or damage to the Work, including

materials and equipment in transit, at the Site or at another location as may be indicated in Design-

Builder’s Application for Payment and approved by Owner (“Builder’s Risk Policy”). Such Builder’s Risk

Policy shall be written on an “all-risk” basis. Owner shall be responsible for all premiums and deductible

for the Builders Risk Policy. However, Design-Builder shall be responsible for a proportionate share of

deductible of the Builder’s Risk Policy for claims that result from Design-Builder's gross negligence or

willful misconduct. The total deductible for the Builder’s Risk Policy shall not exceed ten thousand dollars

($10,000.00).

5.3.2 Prior to Design-Builder commencing any Work, Owner shall provide Design-Builder with

certificates evidencing that (i) all Owner’s insurance obligations required by the Contract Documents are

in full force and in effect and will remain in effect until Design-Builder has completed all of the Work and

has received final payment from Owner and (ii) no insurance coverage will be canceled, renewal refused,

or materially changed unless at least thirty (30) days prior written notice is given to Design-Builder.

Owner’s property insurance shall not lapse or be canceled if Owner occupies a portion of the Work

pursuant to Section 6.6.3 hereof. Owner shall provide Design-Builder with the necessary endorsements

from the insurance company prior to occupying a portion of the Work.

5.3.3 Any loss covered under Owner’s property insurance shall be adjusted with Owner and Design-

Builder and made payable to both of them as trustees for the insureds as their interests may appear,

subject to any applicable mortgage clause. All insurance proceeds received as a result of any loss will be

placed in a separate account and distributed in accordance with such agreement as the interested parties

may reach. Any disagreement concerning the distribution of any proceeds will be resolved in accordance

with Article 10 hereof.

5.3.4 Owner and Design-Builder waive against each other and Owner’s separate contractors, Design

Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by

property insurance provided herein, except such rights as they may have to the proceeds of such


insurance. Design-Builder and Owner shall, where appropriate, require similar waivers of subrogation

from Owner’s separate contractors, Design Consultants and Subcontractors and shall require each of

them to include similar waivers in their contracts.

5.4 Bonds and Other Performance Security

5.4.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds,

or other forms of performance security, the amount, form and other conditions of such security shall be as

set forth in the Agreement.

5.4.2 Design-Builder shall provide to Owner a Payment Bond pursuant to §713.245, Florida Statues,

and a Performance Bond guaranteeing, within the limitations set forth herein, Design-Builder’s faithful

performance of this contract and payment for all labor, services and materials to persons entitled to lien

the property pursuant to Chapter 713 of the Florida Statutes. Owner shall be entitled to approve the form

of the Bond Should a Bond be required, and the Bond Premium(s) shall be added to the contract amount.

Article 6

Payment

6.1 Schedule of Values

6.1.1 The Schedule of Values, Exhibit “B” will (i) subdivide the Work into its respective parts; (ii) include

values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made

to Design-Builder throughout the Work.

6.2 Monthly Progress Payments

6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Owner’s

review and approval its Application for Payment requesting payment for all Work performed as of the date

of the Application for Payment. The Application for Payment shall be accompanied by all supporting

documentation required by the Contract Documents and/or established at the meeting required by

Section 2.1.4 hereof.

6.2.2 The Application for Payment may request payment for equipment and materials not yet

incorporated into the Project, provided that (i) Such equipment and materials are suitably stored at either

the Site or another acceptable location, (ii) the equipment and materials are suitably insured and (iii) upon

payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances.

.1 Design-Builder shall be entitled to receive payments for materials and equipment delivered

and suitably stored at the site and precast concrete components stored at Prestressed

Concrete Suppliers Manufacturing facilities for subsequent incorporation in to the Work.

Payment for materials and equipment stored on or off the site shall be conditioned upon

compliance with all reasonable procedures necessary to establish Owner’s title to such

materials and equipment, or otherwise protect Owner’s interest therein. Design-Builder shall

maintain insurance to protect the Business Personal Property of Others with limits of One

Million Dollars ($1,000,000.00).

6.2.3 The Application for Payment shall constitute Design-Builder’s representation that the Work has

been performed consistent with the Contract Documents, has progressed to the point indicated in the

Application for Payment, and that title to all Work performed will pass to Owner free and clear of all

claims, liens, encumbrances, and security interests upon Design-Builder’s receipt of payment.


6.3 Withholding of Payments

6.3.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts

properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for

Payment, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The

notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis

for the withholding, and the specific measures Design-Builder must take to rectify Owner’s concerns.

Design-Builder and Owner shall attempt to resolve Owner’s concerns prior to the date payment is due.

If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract

Documents, including those under Article 10 hereof.

6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-

Builder all undisputed amounts in an Application for Payment within the times required by the Agreement.

6.4 Right to Stop Work and Interest

6.4.1 If Owner fails to pay Design-Builder any amount that becomes due, Design-Builder, in addition to

all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof.

All payments due and unpaid shall bear interest at the rate set forth in the Agreement.

6.5 Design-Builder’s Payment Obligations

6.5.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its

contractual obligations to such parties, all the amounts Design-Builder has received from Owner on

account of their work. Design-Builder will impose similar requirements on Design Consultants and

Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and

defend Owner against any claims for payment and mechanic’s liens as set forth in Section 7.3 hereof.

6.6 Substantial Completion

6.6.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the

Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner’s

receipt of Design-Builder’s notice, Owner and Design-Builder shall jointly inspect such Work to verify that

it is substantially complete in accordance with the requirements of the Contract Documents. If such Work

is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will

set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of

Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in

the Contract Documents) establishing Owner’s and Design-Builder’s responsibility for the Project’s

security, maintenance, utilities and insurance pending final payment and (iv) an acknowledgment that

warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in

the Certificate of Substantial Completion. If Owner does not believe such work is substantially complete,

Owner shall provide Design-Builder a list of items required, in Owner’s opinion, to meet substantial

completion.

6.6.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner

shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or

completed portion of the Work, less an amount equal to the reasonable value of all remaining or

incomplete items of Work as noted in the Certificate of Substantial Completion.

6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be

substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been

issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design-Builder

and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the


appropriate government authorities having jurisdiction over the Project, and (iii) Owner and Design-

Builder agree that Owner’s use or occupancy will not interfere with Design-Builder’s completion of the

remaining Work.

6.6.4 The Owner’s failure to provide a list of work specifying those items which need to be corrected or

completed to achieve substantial completion, excluding latent defects, within fourteen (14) calendar days

of Owner’s receipt of Design-Builder’s notification shall conclusively constitute an acceptance of the

Project as substantially complete. Design-Builder’s Notice of Substantial Completion shall be in writing

and shall state that Owner has fourteen (14) days to inspect the improvements and provide Design-

Builder a punch list.

6.7 Final Payment

6.7.1 After receipt of a Final Application for Payment from Design-Builder, Owner shall make final

payment by the time required in the Agreement, provided that Design-Builder has completed all of the

Work in conformance with the Contract Documents.

6.7.2 At the time of submission of its Final Application for Payment, Design-Builder shall provide the

following information, all contingent upon receipt of final payment:

.1 an affidavit in the form of Contractor’s Final Affidavit as required by Florida Statute

713.06(3)(d)(.1);

.2 a general release executed by Design-Builder waiving, upon receipt of final payment by

Design-Builder, all claims, except those claims previously made in writing to Owner and

remaining unsettled at the time of final payment;

.3 consent of Design-Builder’s surety, if any, to final payment;

.4 all operating manuals, warranties and other deliverables required by the Contract

Documents; and

.5 certificates of insurance confirming that required coverages will remain in effect consistent

with the requirements of the Contract Documents.

6.7.3 Upon making final payment, Owner waives all claims against Design-Builder except claims

relating to (i) Design-Builder’s failure to satisfy its payment obligations, if such failure affects Owner’s

interests, (ii) Design-Builder’s failure to complete the Work consistent with the Contract Documents,

including defects appearing after Substantial Completion and (iii) the terms of any special warranties

required by the Contract Documents.


Article 7

Indemnification

7.1 Patent and Copyright Infringement

7.1.1 Design-Builder shall defend any action or proceeding brought against Owner based on any claim

that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes

infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt

written notice to Design-Builder of any such action or proceeding and will reasonably provide authority,

information and assistance in the defense of same. Design-Builder shall indemnify and hold harmless

Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses

awarded against Owner or Design-Builder in any such action or proceeding. Design-Builder agrees to

keep Owner informed of all developments in the defense of such actions.

7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of

any patent or copyright suit, claim, or proceeding, Design-Builder shall at its sole expense take

reasonable steps to procure the right to operate or use the Work. If Design-Builder cannot so procure

such right within a reasonable time, Design-Builder shall promptly, at Design-Builder’s option and at

Design-Builder’s expense, (i) modify the Work so as to avoid infringement of any such patent or

copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright.

7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on

infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a

particular manufacturer specified by Owner and not offered or recommended by Design-Builder to Owner

or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the

suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend,

indemnify and hold harmless Design-Builder to the same extent Design-Builder is obligated to defend,

indemnify and hold harmless Owner in Section 7.1.1 above.

7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the

parties relating to liability for infringement of violation of any patent or copyright.

7.2 Tax Claim Indemnification

7.2.1 If, in accordance with Owner’s direction, an exemption for all or part of the Work is claimed for

taxes, Owner shall indemnify, defend and hold harmless Design-Builder from and against any liability,

penalty, interest, fine, tax assessment, attorneys’ fees or other expenses or costs incurred by Design-

Builder as a result of any action taken by Design-Builder in accordance with Owner’s directive.

7.3 Payment Claim Indemnification

7.3.1 Providing that Owner is not in breach of its contractual obligation to make payments to Design-,

Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or

liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for

whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or

obligations furnished or incurred for or in connection with the Work. Design-Builder’s indemnification

requirements shall be limited to those funds actually received by Design-Builder from Owner for the Work.

If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-

Builder liable for costs and expenses incurred, including attorneys’ fees.

7.4 Design-Builder’s General Indemnification


7.4.1 Design-Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend

Owner, its officers, directors, employees and agents from and against claims, losses, damages, liabilities,

including attorneys’ fees and expenses, through all appeals, for bodily injury, sickness or death, and

property damage or destruction (other than to the Work itself) to the extent resulting from the negligent

acts or omissions of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or

indirectly by any of them or anyone for whose acts any of them may be liable.

7.4.2 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly

or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against

Owner, its officers, directors, employees, or agents, Design-Builder’s indemnity obligation set forth in

Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or

benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any

employee benefit acts, including workers’ compensation or disability acts.

7.5 Owner’s General Indemnification

7.5.1 Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design-

Builder and any of Design-Builder’s officers, directors, employees, or agents from and against claims,

losses, damages, liabilities, including attorneys’ fees and expenses, for bodily injury, sickness or death,

and property damage or destruction (other than to the Work itself) to the extent resulting from the

negligent acts or omissions of Owner, Owner’s separate contractors or anyone for whose acts any of

them may be liable.

Article 8

Time

8.1 Obligation to Achieve the Contract Times

8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract

Time(s) in accordance with Article 5 of the Agreement.

8.2 Delays to the Work

8.2.1 If Design-Builder is delayed in the performance of the Work due to acts, omissions, conditions,

events, or circumstances beyond its control or those for whom Design-Builder is responsible, the Contract

Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that

will entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner or

anyone under Owner’s control (including separate contractors), changes in the Work, Differing Site

Conditions, unreasonable delay in action or approval from any authority having jurisdiction, unreasonable

delay in any utility provider, Hazardous Conditions, wars, floods, labor disputes, unusual delay in

transportation, epidemics abroad, earthquakes, adverse weather conditions making work impracticable

or abnormally hazardous, and other acts of God.

8.2.2 In addition to Design-Builder’s right to a time extension for those events set forth in Section 8.2.1

above, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price provided,

however, that the Contract Price shall not be adjusted for those events set forth in Section 8.2.1 above

that are beyond the control of both Design-Builder and Owner, including the events of war, floods, labor

disputes, earthquakes, epidemics, adverse weather making work impracticable or abnormally hazardous,

and other acts of God. Notwithstanding the foregoing, and as a matter of clarification, nothing in this

Section 8.2.2 shall limit Design-Builder’s recovery or coverage in any insurance policy, including without

limitation Builder’s Risk.


Article 9

Changes to the Contract Price and Time

9.1 Change Orders

9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner

and Design-Builder, stating their agreement upon all of the following:

.1 The scope of the change in the Work;

.2 The amount of the adjustment to the Contract Price; and

.3 The extent of the adjustment to the Contract Time(s).

9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the

applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith

and as expeditiously as possible the appropriate adjustments for such changes.

9.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and subsequently

elects not to proceed with the change, a Change Order shall be issued to reimburse Design-Builder for

reasonable costs incurred for estimating services, design services and services involved in the

preparation of proposed revisions to the Contract Documents. Such costs shall be due at the time of the

following progress payment.

9.2 Work Change Directives

9.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in

the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s).

9.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the

appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall

prepare and execute an appropriate Change Order reflecting the terms of the agreement.

9.3 Minor Changes in the Work

9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract

Time(s) and do not materially and adversely affect the Work, including the design, quality, performance

and workmanship required by the Contract Documents. Design-Builder may make minor changes in the

Work consistent with the intent of the Contract Documents, provided, however that Design-Builder shall

timely inform Owner, in writing, of any such changes and record such changes on the documents

maintained by Design-Builder.

9.4 Contract Price Adjustments

9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be

determined by one or more of the following methods:

.1 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating

data to permit evaluation by Owner;

.2 Costs, fees and any other markups set forth in the Agreement; and


.3 If an increase or decrease cannot be agreed to as set forth in items .1 and .2 above and

Owner issues a Work Change Directive, the cost of the change of the Work shall be

determined by the reasonable expense and savings in the performance of the Work resulting

from the change, including a reasonable overhead and profit, as may be set forth in the

Agreement. If the net result of both additions and deletions to the Work is an increase in the

Contract Price, overhead and profit shall be calculated on the basis of the net increase to the

Contract Price. If the net result of both additions and deletions to the Work is a decrease in

the Contract Price, there shall be no overhead or profit adjustment to the Contract Price.

Design-Builder shall maintain a documented, itemized accounting evidencing the expenses

and savings associated with such changes.

9.4.2 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any

services required by Owner, or if there are any other disagreements over the scope of Work or proposed

changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to Article 10

hereof. As part of the negotiation process, Design-Builder shall furnish Owner with a good faith estimate

of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are

unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's

interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner

issuing a written order to Design-Builder (i) directing Design-Builder to proceed and (ii) specifying Owner's

interpretation of the services that are to be performed. If this occurs, Design-Builder shall be entitled to

submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated

direct cost to perform the services, and Owner agrees to pay such amounts, with the express

understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no

responsibility to pay for such services and (ii) receipt of such payment by Design-Builder does not

prejudice Design-Builder's right to seek full payment of the disputed services if Owner's order is deemed

to be a change to the Work.

9.5 Emergencies

9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its

discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or

Contract Time(s) on account of emergency work shall be determined as provided in this Article 9.

Article 10

Contract Adjustments and Disputes

10.1 Requests for Contract Adjustments and Relief

10.1.1 If either Design-Builder or Owner believes that it is entitled to relief against the other for any event

arising out of or related to the Work or Project, such party shall provide written notice to the other party of

the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or

expense and in accordance with any specific notice requirements contained in applicable sections of

these General Conditions of Contract. In the absence of any specific notice requirement, written notice

shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving

rise to the claim for relief or after the claiming party reasonably should have recognized the event or

condition giving rise to the request, whichever is later. Such notice shall include sufficient information to

advise the other party of the circumstances giving rise to the claim for relief, the specific contractual

adjustment or relief requested and the basis of such request.

10.2 Dispute Avoidance and Resolution


10.2.1 The parties are fully committed to working with each other throughout the Project and agree to

communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements.

If disputes or disagreements do arise, Design-Builder and Owner each commit to resolving such disputes

or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary

losses, delays and disruptions to the Work.

10.2.2 Design-Builder and Owner will first attempt to resolve disputes or disagreements at the field level

through discussions between Design-Builder’s Representative and Owner’s Representative.

10.2.3 If a dispute or disagreement cannot be resolved through Design-Builder’s Representative and

Owner’s Representative, Design-Builder’s Senior Representative and Owner’s Senior Representative,

upon the request of either party, shall meet as soon as conveniently possible, but in no case later than

thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to

any meetings between the Senior Representatives, the parties will exchange relevant information that will

assist the parties in resolving their dispute or disagreement.

10.2.4 Any action to enforce this Agreement shall only be brought in a court of competent jurisdiction

within Orange County, Florida.

10.2.5 The prevailing party in any action to enforce this Agreement shall be entitled to recover all costs it

incurs, whether considered recoverable costs or not, pursuant to the applicable Rules of Court, including

but not limited to its attorney’s fees, whether at trial, mediation or appeal. THE PARTIES HEREBY

WAIVE TRIAL BY JURY.

10.2.6 In the event an action is filed the parties agree to mediate this dispute with a mutually agreed

upon mediator within 60 days of service of the Defendant’s Answer. All discovery permitted by the

applicable court rules shall be stayed pending completion of mediation. Should any party fail to

voluntarily participate in mediation of the dispute, the other party shall be entitled to an Order from the

Court compelling attendance at the mediation and shall in such event be entitled to recover the attorney's

fees and cost incurred in the enforcement of this provision. Nothing contained herein shall prevent either

party from seeking injunctive or similar relief.

10.3 Duty to Continue Performance

10.3.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to

perform the Work and Owner shall continue to satisfy its payment obligations to Design-Builder, pending

the final resolution of any dispute or disagreement between Design-Builder and Owner.

10.4 CONSEQUENTIAL DAMAGES

10.4.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN

SECTION 10.4.2 BELOW), NEITHER DESIGN-BUILDER NOR OWNER SHALL BE LIABLE TO THE

OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT,

WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING

BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING.

10.4.2 The consequential damages limitation set forth in Section 10.4.1 above is not intended to affect

the payment of liquidated damages, if any, set forth in Article 5 of the Agreement, which both parties

recognize has been established, in part, to reimburse Owner for some damages that might otherwise be

deemed to be consequential.


Article 11

Stop Work and Termination for Cause

11.1 Owner’s Right to Stop Work

11.1.1 Owner may, without cause and for its convenience, order Design-Builder in writing to stop and

suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more

than ninety (90) days during the duration of the Project.

11.1.2 Design-Builder is entitled to seek a reasonable adjustment of the Contract Price and/or Contract

Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of

stoppage of work by Owner.

11.2 Owner’s Right to Perform and Terminate for Cause

11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply

the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv)

timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with

promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times

may be adjusted pursuant to the Contract Documents, or (vi) perform material obligations under the

Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract

Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.

11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written

notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or

commenced to be cured, within seven (7) days of Design-Builder’s receipt of such notice. If Design-

Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second

written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If

Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure,

such problem, then Owner may declare the Agreement terminated for default by providing written notice

to Design-Builder of such declaration.

11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter

upon the premises and take possession, for the purpose of completing the Work, of all materials,

equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided

for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to

Owner for such purpose, and to employ any person or persons to complete the Work and provide all of

the required labor, services, materials, equipment and other items. In the event of such termination,

Design-Builder shall not be entitled to receive any further payments under the Contract Documents until

the Work shall be finally completed in accordance with the Contract Documents. At such time, if the

unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the

Work, such excess shall be paid by Owner to Design-Builder. If Owner’s cost and expense of

completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be

obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of

completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and

expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from

Design-Builder’s default, subject to the waiver of consequential damages set forth in Section 10.4 hereof.

11.3 Design-Builder’s Right to Stop Work

11.3.1 Design-Builder may, in addition to any other rights afforded under the Contract Documents or at

law, stop work for the following reasons:

.1 Owner’s failure to provide financial assurances as required under Section 3.3 hereof; or


.2 Owner’s failure to pay amounts properly due under Design-Builder’s Application for

Payment.

11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design-Builder has the right to

provide Owner with written notice that Design-Builder will stop work unless said event is cured within

seven (7) days from Owner’s receipt of Design-Builder’s notice. If Owner does not cure the problem

within such seven (7) day period, Design-Builder may stop work. In such case, Design-Builder shall be

entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has

been adversely impacted by such stoppage.

11.4 Design-Builder’s Right to Terminate for Cause

11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents

or by law, may terminate the Agreement for cause for the following reasons:

.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days

during the duration of the Project, because of court order, any government authority having

jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that

such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose

acts Design-Builder may be responsible.

.2 Owner’s failure to provide Design-Builder with any information, permits or approvals that are

Owner’s responsibility under the Contract Documents which result in the Work being

stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of

the Project, even though Owner has not ordered Design-Builder in writing to stop and

suspend the Work pursuant to Section 11.1.1 hereof.

.3 Owner’s failure to cure the problems set forth in Section 11.3.1 above after Design-Builder

has stopped the Work.

11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide

written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or

commenced to be cured, within seven (7) days of Owner’s receipt of such notice. If Owner fails to cure,

or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to

Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second

seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder

may declare the Agreement terminated for default by providing written notice to Owner of such

declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner

had terminated the Agreement for its convenience under Article 8 of the Agreement.

11.5 Bankruptcy of Owner or Design-Builder

11.5.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United

States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or

frustrate the Bankrupt Party’s ability to perform its obligations under the Contract Documents.

Accordingly, should such event occur:

.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-

Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future

material obligations under the Contract Documents, which assurances shall be provided

within ten (10) days after receiving notice of the request; and


.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek

assumption or rejection of the Agreement within sixty (60) days of the institution of the

bankruptcy filing and shall diligently prosecute such action.

If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled

to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue

any other recourse available to the non-Bankrupt Party under this Article 11.

11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the

non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law,

including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or

the right of Design-Builder to stop Work under any applicable provision of these General Conditions of

Contract.

Article 12

Miscellaneous

12.1 Assignment

12.1.1 Neither Design-Builder nor Owner shall, without the written consent of the other assign, transfer

or sublet this Agreement, any portion or part of the Work or the obligations required by the Contract

Documents. Such prohibition shall not serve to limit Design-Builder’s ability to freely subcontract all or a

portion of the Work. This agreement shall be binding upon Owner and Design-Builder and their respective

heirs, successors, executors and administrators. In the event Owner assigns this Agreement to a Lender

providing primary financing on the Project, such Lender shall provide evidence of financial assurances

prior to such contemplated assignment. Design-Builder hereby consents to the assignment of this

Agreement from Owner to the Lender providing primary financing on the Project contingent upon such

Lender assuming all rights and obligations of Other and evidencing sufficient financial ability to comply

with all of the obligations contained herein.

12.2 Successorship

12.2.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon

the parties, their employees, agents, heirs, successors and assigns.

12.3 Governing Law

12.3.1 The Agreement and all Contract Documents shall be governed by the laws of the State of Florida,

without giving effect to its conflict of law principles.

12.4 Severability

12.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to

be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal

Requirements, such determination shall not impair or otherwise affect the validity, legality, or

enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall

remain in full force and effect as if the unenforceable provision or part were deleted.

12.5 No Waiver

12.5.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the

performance of any of the obligations required by the other under the Contract Documents shall not be

construed as a waiver or relinquishment of such obligation or right with respect to future performance.


12.6 Headings

12.6.1 The headings used in these General Conditions of Contract or any other Contract Document, are

for ease of reference only and shall not in any way be construed to limit or alter the meaning of any

provision.

12.7 Notice

12.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will

be deemed to have been validly given (i) if delivered in person to the individual intended to receive such

notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address

indicated in the Agreement or (iii) if transmitted by facsimile or via electronic mail, by the time stated in a

machine generated confirmation that notice was received at the facsimile number of the intended

recipient or by the time stated in a receipt generated confirmation of delivery by such electronic mail

protocol or program.

12.8 Amendments

12.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing

signed by a duly authorized representative of each party.

12.9 Performance of Other Work of Owner

12.9.1 Owner reserves the right to perform by itself or let other contractors in connection with the work

for its overall project. Design-Builder shall afford reasonable opportunity for the introduction and storage

of materials in the execution of work by Owner or others, and shall properly connect and coordinate its

work with the work of Owner or other so as not to impede the work or other crafts of Owner’s operations.

If any part of Design-Builder’s work depends upon the work of Owner or others, Design-Builder shall

examine the work and shall report to the Owner any defects in such work which is patent that renders it

unsuitable for the proper execution of Design-Builder’s work. Unless said defects are open, obvious and

patent, Design-Builder shall be entitled to rely upon the work of others as fit and proper for the reception

of Design-Builder’s work, and Design-Builder’s performance of its work shall not constitute a waiver of any

claims except as to patent defects which could have been ascertained by a prior examination of the work.

12.10 Allowances

12.10.1 Design-Builder agrees that the contract sum may include allowances specifically identified in the

contract documents. If the actual cost of the work or allowance item, performed at Owner’s direction,

exceeds the allowance amount for such work, Owner shall be liable for the amount exceeding the

allowance for such item; the contract sum and Design-Builder’s overhead and fee shall be increased

accordingly. If the actual cost of completion for any allowance item is less than the allowance amount for

such item, the contract sum shall be reduced by the allowance amount not used for that item.

12.11 In order to ensure completion of the Project, Design-Builder is authorized to proceed with the

production of precast concrete materials and the ordering of all materials necessary to commence

construction of the improvements on and to continue the unimpeded production of the building

components prior to receipt of the applicable permit(s) required by Exhibit “C.” In the event Design-

Builder, through no material fault of its own, is unable to obtain the necessary permits to construct the

Project, (1) Design-Builder shall attempt to return all unused materials and, if successful, Owner agrees to

pay the cost of shipping, handling and restocking associated therewith; and (2) in the event said materials

are specially manufactured for Owner’s Project or are unable to be returned, Owner agrees to pay

Design-Builder the cost, plus a reasonable overhead and profit for said materials.


12.12 Owner and Design-Builder acknowledge that Design-Builder cannot commence the construction

of the Work until such time that Design-Builder has obtained a building permit for the Project. The Project

Schedule contains an allowed time for approval of permit documents. It is understood and agreed that

time required to obtain a building permit can substantially vary from that shown. A mutually agreeable

extension of time shall be granted to Design-Builder if the building permit is received after the date shown

on the Project Schedule through no material fault of Design-Builder. Owner is responsible for obtaining

all site approvals, development approvals, and all other approvals or permits from any other state, local,

municipal, or federal agency required to review and approve all or any portion of the Project. Owner shall

insure that all of said approvals are received on or before the milestone date shown on the Project

Schedule. In the event Owner’s failure to obtain all approvals or permits necessary as a precondition to

issuance of the building permit for the Project, and Design-Builder is unable to commence construction on

the mobilization date shown on the Project Schedule, as a result thereof, Design-Builder shall be entitled

to a mutually agreeable extension of time.

12.13 Owner grants Design-Builder the right to summarize, display or otherwise incorporate Project

information on its web site, in its publications, or in other displays for marketing purposes, provided that

Design-Builder does not assert any claim of copyright over Project information not belonging to Design-

Builder. Owner grants Design-Builder the right to incorporate jobsite signage for the Project, which shall

be permitted to include Design-Builder’s name and information.

12.14 CHAPTER 558 NOTICE OF CLAIM

CHAPTER 558, FLORIDA STATUTES, CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE. REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.

Cocoa Beach Parking Structure Summary of Work

Project 17-515

Cocoa Beach, FL

July 31st, 2018

Exhibit A - Summary of Work

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TABLE OF CONTENTS

Section Page

Table of contents ..................................................................................... 2

Overview/Scope of work ......................................................................... 3

Structure .................................................................................................... 4

Code research ........................................................................................... 5

Budget ........................................................................................................ 6

Project Description .................................................................................. 7

Clarifications ........................................................................................... 20

Exclusions ................................................................................................ 21


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Section One

OVERVIEW/SCOPE OF WORK

OVERVIEW

FINFROCK is pleased to provide the summary of work for design-build services for a parking garage in Cocoa Beach, Florida. This Summary of Work describes the program, design, construction, limitations, and exclusions of the proposal. This project should break ground third quarter 2018.

The Owner’s Program includes a ground plus two elevated deck garage, complete with site work.

BRIEF SCOPE OF WORK

FINFROCK will provide the following:

1. Professional services including Architecture, Structural Engineering and General Contracting of the garage.

a. FINFROCK will Subcontract the design services for Civil, Landscape/Irrigation, Mechanical, Plumbing, Fire Protection, and Electrical portion of the Project

2. Complete garage with approximately 242 stalls

3. Rooms within the garage completed.

a. Electric Room

b. Elevator Equipment Room

c. Men’s Restroom

d. Women’s Restroom

e. Men’s ADA Restroom

f. Women’s ADA Restroom

4. Rooms within the garage ready for FFE by Owner:

a. Parking Enforcement Office

b. Maintenance Rooms

5. FINFROCK will complete the site work.


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Section Two

STRUCTURE

1. Ground plus two elevated decks of parking.

2. Ground floor-to-floor elevation ranges from 11 ft. 8 in to 16 ft. 4 in. and all other floor-to-floor elevations are 10 ft. 6 in.

3. Two stairs and one elevator serve this structure.

4. Exterior elevations consist of spandrels and shear walls. The West elevation consists of spandrels and walls with punched openings.

5. Floor system is comprised of precast concrete double tees.

6. Foundations are pile caps on driven precast piles with a capacity of 75 tons at a depth of 115 ft. and should be verified by a geotechnical engineer.


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Section Three

CODE RESEARCH

Building codes are not project specific and must be interpreted by each city, county or other jurisdiction in which the project resides. The jurisdiction does not interpret code until permit documents are submitted. Our preliminary code review indicates the following:

1. The Authority Having Jurisdiction (AHJ) is City of Cocoa Beach.

2. The structure meets the requirements to be considered an “open” parking structure.

3. In accordance with FBC Table 705.8, adjacent construction needs to be of sufficient type and distance away from the garage to allow the garage to be constructed and remain open. This may require assumed property lines 10 ft. on each side of the garage and will need to be studied along with other buildings on site.

4. Construction type is IIA

5. The garage is unsprinkled

6. The garage is in FEMA flood zone X and therefore has no special requirements.

7. NFPA allows open garages to not have fire alarm systems

In the event the Authority Having Jurisdiction requires something other than what is

anticipated here, the Owner will incur additional costs.


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Section Four

BUDGET

BUDGET/ALTERNATES

1. See Exhibit B – Schedule of Values


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Section Five

PROJECT DESCRIPTION

PROJECT SOFT COSTS BY OWNER

BY OWNER

1. Builder’s risk and deductibles

2. Building permit and impact fees.

3. Tree, wetland and other environmental mitigation and impact fees.

4. Geotechnical explorations

5. Construction material testing in accordance with AHJ and Engineer of Record

6. Threshold inspections (if required)

DIVISION 1: GENERAL CONDITIONS AND SUPERVISION

1. Jobsite requirement such as construction trailer, safety rails, temporary water, etc.

2. Design and administration, including:

a. Architectural

b. Structural

c. Civil, landscaping and irrigation

d. Cladding

e. Specialty engineering, (e.g. curtain walls)

f. Mechanical

g. Electrical

h. Plumbing

i. Fire Protection

3. Site cleanup.

4. Equipment and tools.

5. Supervisory and administrative personnel.

6. Chain link construction site fencing with a solid color windscreen for FINFROCK activities.


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DIVISION 2: EXISTING CONDITIONS

BY OWNER

1. Project soils investigation, reporting, recommendations, material testing.

2. Removal of existing yellow metal structure located on site.

BY FINFROCK

1. Dewatering for foundation excavations if required.

2. Stabilized haul road from public street to building footprint.

3. Construction employee parking pad staging.

4. Precast trailer storage and crane and materials staging areas (adjacent future police substation to be utilized)

5. Silt and temporary site fencing.

6. Demolition of asphalt, trees, curbing, and other surface improvements.

7. Demolition of known existing utilities.

8. Relocation of existing utilities that are not to be demolished.

9. Site lighting, sidewalks, curbing, paving, striping, signage, hardscape, landscaping, and irrigation.

10. Extension of all utilities to locations as called for in Clarifications.

DIVISION 3: CAST-IN-PLACE CONCRETE

BY FINFROCK

1. Dewatering.

2. Excavate footprint to an elevation to be determined.

3. Install filter fabric and fill with 12 in. of sand, then 12 in. of #57 stone, sloping the sides.

4. Provide access for crane and precast trailers.

5. Elevator pits are cast in place elevator pits 5 ft. deep.

PILE CAP SCOPE

1. Include 140 lbs. of reinforcing per cu. yd. of concrete.

2. Include demo of 5 ft. for each pile.

3. Install from working elevation.

4. Top of perimeter pile caps are 2 ft. 0 in. below finished floor.

5. Top of interior pile caps are 3 ft. 6 in. below finished floor.

6. Pile cap excavation by FINFROCK concrete subcontractor.

7. Wood formed sides.

8. Shared foundations are not anticipated at this time.


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SLAB ON GRADE

GARAGE

1. 5 in. (non-structural) slab on grade inside the structure footprint:

a. Include thickened slab at edge of slab where located at an entrance, exit or elsewhere vehicles will be loading the edge, at fencing locations, and CMU walls.

b. Include slab up to retaining wall at ramp.

c. Include saw cutting 12 ft. on center.

d. Include fiber-mesh.

e. Include termite protection.

f. No vapor barrier required for exposed concrete finishes in garage spaces.

DIVISION 3: STRUCTURAL PRECAST CONCRETE

PROJECT-WIDE

1. Columns and interior column walls along ramps.

2. Stairs and stair roofs.

3. Elevator walls and roof.

4. Columns and spandrels at elevated structure.

5. Elevator lobby overhang.

6. Inverted Tee beams.

7. Fully pre-topped 12 ft. wide double tees, no washes needed.

8. Signed and sealed bracing plans

9. Overhead chord and end connections locations to avoid pockets on the top side

10. Corbels, not ledges on spandrels to avoid bird perches

11. Curbs at ramps.

12. Erection of precast items listed above.

DIVISION 4: MASONRY

PROJECT WIDE

All masonry is to contain:

1. No. 5 reinforcing with grout at each corner and 48 in. on center.

2. Horizontal joint reinforcing every other course and epoxy reinforcing into adjacent precast as shown.

3. Split-face block.

4. Neatly cut top course around precast structure, allow ¾ in. gap and seal with fire safing on both sides.


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GARAGE

1. Close up elevator frames to precast with 8 in. reinforced block. Provide a parged finish to mimic precast/stucco finish at elevator lobby.

2. Provide 8 in. reinforced block at the following rooms:

a. Electric Room


c. Men’s Restroom




g. Parking Enforcement Office

h. Maintenance Rooms

DIVISION 5: METALS

GARAGE

1. Powder coated aluminum stair railings designed to meet code. Submit signed and sealed shop drawings from a Florida registered engineer. The basis of design for grout is POR-ROK. Caulker will build up sealant at each post for positive drainage away from post.

2. Powder coated aluminum guardrail at stair towers.

3. Elevator spreader beams at each floor for each elevator.

4. Elevator pit ladder and hoist beam each elevator pit.

5. Stainless steel connectors/fasteners painted to match.

6. Metal bollards are painted yellow with PVC cap.

7. Vinyl coated black chain-link fencing on pipe at interior column wall openings at ramp.

8. Vinyl coated black chain-link fencing under ramp for access to dead space under ramp.

9. Powder coated aluminum canopy at entry-way.

DIVISION 6: WOOD WORK

GARAGE

1. None

OFFICE/RESTROOMS

1. None


8/2/2018 P a g e 11

DIVISION 7: CAULKING, COATINGS

GARAGE

1. Place Cetco Voltex on bottom and sides of elevator shafts. Wrap adjacent foundation as required to maintain complete wrap.

2. Install fillet joint at each stair railing post for positive drainage away from post.

3. Per Exception 5 of FBC 714.1, fire resistant joints shall not be required in floors and ramps of open or enclosed parking garages.

4. According to IBC, open garages do not require rated sealants at stairs.

5. Deck joints and wall panel joints of stairs and elevator shafts are two-hour rated.

6. Deck joints above mechanical and electrical rooms are two-hour rated.

7. Caulking is an extended life Dow silicone product (10-year warranty) at all areas except exterior panels. Typical exterior precast joints will receive text coating on urethane.

8. Provide Neogard Auto-Gard liquid applied membrane over:

a. Electric Room


c. Men’s Restroom




g. Parking Enforcement Office

h. Maintenance Rooms

DIVISION 8: STOREFRONT, DOORS, AND HARDWARE

PROJECT WIDE

1. Elevator lobbies to have a precast overhang and 8 ft. tall storefront rain screen on three sides:

a. 8 ft. storefront impact glass

b. Metal is clear anodized Kawneer or equal

c. Storefront door

2. Provide doors, frames and hardware at exterior doors that carry appropriate NOAs and/or Florida product approvals with the following:

a. Hagar or equal grade 1 mortised locksets with removable cores, one bit keying

b. Hagar or equal grade 1 8800 exit devices at stair exits

c. Hagar or equal grade 1 door closers 351

d. Hagar or equal hinges stainless steel

e. Rockwood or equal flush bolts, door stops, wall bumpers, and kick plates

f. Pemko or equal thresholds, weather-stripping, and smoke and fire gasketing

g. No wire glass vision lights


8/2/2018 P a g e 12

DIVISION 9: INTERIOR FINISHES

GARAGE

Item Location Material Finish Notes

Garage interior Ceiling Precast walls Unpainted

Floor Precast walls Unpainted

Walls Precast walls Unpainted

Lite walls Precast walls Unpainted

Elevator closets Walls 8 in. CMU Unpainted

Stairs Interior walls Precast walls Painted Flat Finish

Elevator lobbies Ceiling Precast walls Unpainted

Floor Precast walls Unpainted

Walls Precast walls Unpainted

Walls Storefront Clear anodized

Light fixtures Covered

deck

Varies Powder coat or baked

enamel

White

Light poles All Aluminum Powder coat White

Doors/frames All Hollow metal Primed and painted

Stair rails All Aluminum Powder coat Standard colors

Stall All Painted 4 in. white on 6 in.

black

Non stall All Painted 4 in. white on black at

perimeter and field at

36 in. on center

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OFFICE

9. Interior Walls:

a. 2½ in., 25 gauge stud with one layer of 5/8 in. Type X on one side, extended to the structure above, and returned to the windows. Provide R-11 insulation to the structure above at exterior walls only.

b. Finishes are level 4 drywall finish at areas exposed to the public, one prime and two finish coats, eggshell finish

10. Floors:

a. Carpet tiles, minimum 17 oz. per sq.yd., .083 in. pile thickness, tufted construction, min 65% solution dyed nylon with 100% moisture barrier, synthetic backing, and releasable adhesive system. Shaw Philadelphia Commercial or equal.

11. Ceiling:

a. 2 ft. x 2 ft. acoustical ceiling tiles, USG Radar or equal with cross tee acoustical suspension system.


8/2/2018 P a g e 13

RESTROOM

1. Walls:

a. Semi-gloss paint on masonry with 4 in. tile backsplash above countertop sinks.

b. 12 in. x 12 in. wall tile at wet areas of water closet/shower areas

2. Floors:

a. Concrete stained floor

3. Ceiling:

a. Unfinished exposed precast double tees.

DIVISION 9: EXTERIOR FINISHES

GARAGE

1. Caulking is an extended life Dow silicone product at all areas except exterior panels. Typical exterior precast joints to receive urethane.

2. Painted precast at all exterior walls (two standard earth-tone colors). Excessive cut-ins are not included in this price. Detailed exteriors need to be developed and priced if desired.

OFFICE/RESTROOMS

1. Painted CMU at all exterior walls.

DIVISION 10: SPECIALTIES

GARAGE

1. Code-required and basic way-finding signage

2. Vehicular entrances:

a. 12 in. tall by 5 ft. long wall mounted sign with reflective vinyl graphics on one side and 8 in. by 7 ft. PVC clearance bar with reflective vinyl graphics suspended underneath.

3. Stair and room signage:

a. 1/8 in. thick polymer sign, equal to Romark, with 1/32 in. raised graphics and Braille or as required by code. Color coded by level. Wall mounted, sized as required by code.

4. Toilet partitions at Men’s and Women’s Restrooms, Hiny Hiders or equal.


8/2/2018 P a g e 14

DIVISION 11: EQUIPMENT

BY OWNER

1. Project Access control and revenue collection system:

a. Provide two pay-on-foot machines located at first floor stair towers, with credit card and cash acceptance

b. Building security software and hardware are by Owner.

2. Provide two dual car charging stations on ground level, Chargepoint CT4000 Level 2 or equal.

BY FINFROCK

1. Installation of Pay-On-Foot and Car Charing Stations machines provided by Owner

2. See Division 26 for clarification of conduit

DIVISION 12: FURNISHINGS

GARAGE

1. U-Shaped bike racks bolted into cast-in-place concrete, Dero or equal.

DIVISION 14: ELEVATORS

GARAGE

1. One hydraulic 2500 lb. 150 fpm elevator.

2. All elevators to have:

a. Standard stainless steel finishes.

b. Stainless paneled ceilings with downlights.

c. Battery lowering in the event of power failure

d. Hall lanterns each level, showing the direction of car travel only.

e. Rubber flooring equal to Roppe, medium gray color.

f. Equipment rooms located next to the top floor, adjacent to the shaft.

g. Exhaust fan on battery back up if shaft is glass backed.

h. Twelve-month service agreement.


8/2/2018 P a g e 15

DIVISION 21: FIRE SUPPRESSION

GARAGE

1. Engineering and permitting fees.

2. Provide a standpipe system.

3. Provide fire extinguishers sized and located per maximum travel distances as required by NFPA #10, latest edition. The fire extinguishers shall be located within aluminum finish cabinets with lockable doors equipped with breakaway panels. Include the cost of signage.

4. Provide a wall mounted chrome fire department connection and a yard type fire department connection.

OFFICE/RESTROOMS

1. None

DIVISION 22: PLUMBING SYSTEMS

GARAGE


2. See Clarifications for tie-ins to site utilities.

3. All tie-ins by FINFROCK plumbing subcontractor.

4. Low points at locations to be determined

5. Drain leaders cast into precast at double loaded situation if necessary at locations to be determined

6. Locate keyed hose bibs end of lite walls, each level at locations to be determined

7. If not located at lite walls, core drill pipe penetrations in deck.

8. Domestic water pipe to be CPVC.

9. Provide sump pumps for each elevator shaft and escalator pit.

10. Provide two dual stainless steel shower kiosk, Most Dependable Foundations, MDF 575SMSS in black or equal

11. Provide two drinking fountains, Haws Model 1011 or equal.

RESTROOMS

1. Plumbing Fixtures

a. Baths:

i. Bathrooms shall receive floor mounted vitreous china, two piece water closets with elongated bowl, 1.28 GPF; Kohler or equal accessible fixtures will be provided as specified by the Uniform Federal Accessibility Standards (UFAS).

ii. Lavatory will be vitreous china, countertop, drop-in type or wall mounted with ADA approved trim; Kohler or equal.

iii. Lavatory faucets will be single lever type chrome plated with 0.5 gpm discharge aerators; Olympia or equal.


8/2/2018 P a g e 16

DIVISION 23: HVAC SYSTEMS

GARAGE

1. Engineering and permitting fees

2. Provide passive ventilation for:

a. Electric Room

b. Maintenance Rooms

3. Provide conditioned air for:

a. Elevator Equipment Room

b. Men’s Restroom

c. Women’s Restroom

d. Men’s ADA Restroom

e. Women’s ADA Restroom

f. Parking Enforcement Office

g. Maintenance Rooms

DIVISION 26: ELECTRICAL

GARAGE


2. Electric Room and IT Room is located at center of garage underneath ramp.

3. See Clarifications for tie-ins to site utilities.

4. Temporary power to trailer and pad.

5. 480V electric service.

6. Main service, disconnects, meter bases, grounding, feeders, panels, transformers, breakers, switches, and time clocks.

7. Use weatherproof boxes whenever subject to rain.

8. Deck lighting:

a. Control perimeter fixtures with timer and photo-cell.

b. The basis of design is two fixtures per 60 ft. bay with the following fixture:

i. Cooper Top Tier LED

c. Provide 4.5 foot-candle average and 2.0 foot-candle minimum horizontal luminance for all ramps and drive aisles. Max/Min ratio shall not exceed 6.0.

d. Provide 2.0 foot-candle average & 1.0 foot-candle minimum horizontal luminance for all parking bays. Max/Min ratio shall not exceed 6.0.

e. Emergency lighting: Provide fluorescent back up fixtures

f. Provide minimum horizontal luminance for all entries and exits (during daylight hours only) of 20.0 foot-candle or 10 times the calculated average for parking bays, whichever is greater. Provide 3.0 foot-candle average & 2.0 foot-candle minimum during nighttime hours. Consideration of daylight contribution shall be permitted for this calculation. Area of increased luminance shall be 66 ft. long by 50 ft. wide, measured from the shadow line at the portal.


8/2/2018 P a g e 17

g. Light loss factor shall be not more than 0.81.

h. Reflectivity shall be not more than 20% for floor. 0% for ceilings and walls.

9. Stair lighting:

a. The basis of design is LED fixtures from the same manufacturer as garage fixture. Meet IES and local codes. Lighting should be such that there are no dark spaces. Provide LED wall packs at stair towers to illuminate exit doors at ground floor.

10. Roof lighting:

a. The basis of design is LED fixtures (standard gray, unless specified otherwise,) from same manufacturer as garage fixture with 0.5 foot-candle minimum from 16 ft. to 20 ft. steel poles with 2, 3, or 4 head configuration.

b. Roof lighting shall be amber and sea-turtle friendly.

11. Other lighting:

a. Illuminate exterior doors and pathways leading away from building.

b. Exit lights to meet requirements by the AHJ, but no less than sufficient quantity and location to allow at least one exit light, less than 75 ft. away, to be seen from any and all drive isles.

c. Appropriate fluorescent fixtures for task lighting at mechanical/electrical/fire pump, and other miscellaneous rooms.

d. Four additional deck fixtures and one quad receptacle under ramp in the dead space.

12. Meet or exceed all local jurisdiction lighting requirements.

13. Two 4 in. Tele/data conduits from 5 ft. outside of building footprint to electric room and plywood tele-board and quad receptacle.

14. Stand Alone Fire alarm system to monitor fire protection and elevators only as this is an open garage.

15. Power to elevators.

16. Power and empty conduits for equipment described in Division 11.

17. Power receptacle for each stair on each floor.

18. Power receptacles for mechanical, elevator, electrical, car charging stations, tele/data, and other miscellaneous rooms. Coordinate size and locations.

OFFICE/RESTROOMS

1. Provide interior light fixtures as required by code

2. Provide two receptacles per restroom and three receptacles in office.

DIVISION 27: COMMUNICATIONS

GARAGE

1. See clarifications for tie-ins to phone lines.

2. Provide two-way communication at elevators.


8/2/2018 P a g e 18

DIVISION 28: ELECTRONIC SAFETY AND SECURITY

BY OWNER

1. Provide cameras at stair towers and entrances CCTV conduit

2. Wiring and tie-in to Owner security system

BY FINFROCK

1. Provide conduit at stair towers and entrances for CCTV conduit.

DIVISION 31: EARTH WORK

BY OWNER

3. None

BY FINFROCK

1. Compacted and tested building pad and grading of site.

DIVISION 31.1: STORM VAULT

BY OWNER

1. None

BY FINFROCK

1. Retention pond located on South end of Garage in between Garage and future Police Station.

DIVISION 31.2: DEEP FOUNDATIONS, AUGER CAST PILES, DRIVEN PILES

BY OWNER

1. Final geotechnical engineering report

2. Integrity testing as determined by the geotechnical engineer

3. Review of load test results by geotechnical engineer

4. Shaft inspection and material testing

5. Actual grout volume in excess of 150% of theoretical.

6. Additional pile length in excess of planned tip elevations

BY FINFROCK

1. 12 inch in diameter

2. Remove and haul off spoils


8/2/2018 P a g e 19

3. Provide alternate to cut off

4. Include one compression test (fully instrumented Statnamic test)

5. Include one tension test (Static)

6. Include demo of each pile above 5 ft.

7. Include concrete for 150% of theoretical volume. Provide alternate for additional yardage

DIVISION 32: EXTERIOR IMPROVEMENTS

BY OWNER

1. None

BY FINFROCK

1. Curbing, paving, striping, signage, and site lighting

2. Hardscape (including planters), sidewalks, landscaping, and irrigation

3. Retaining walls outside the footprint of the building

DIVISION 33: UTILITIES

BY OWNER

1. Off-site utilities

2. Hidden conditions

3. Account setup and point of service locations for electric, phone, data, and gas lines

BY FINFROCK

1. On-site utilities to include the following:

a. Fire water distribution line

b. Electrical conduit and wiring from transformer to Electrical Room

c. Sanitary piping

d. Sewer piping


8/2/2018 P a g e 20

Domestic water piping

Section Six

CLARIFICATIONS

1. Sales and use taxes are included in compliance with a lump sum real property contract. If you plan on implementing an Owner Direct Purchase Program, we can provide you with approximate Sales and Use Tax savings. Precast concrete is a product manufactured specifically for this project. As a manufacturer, we pay a use tax on the direct raw materials such as sand, cement, and reinforcing steel and on the direct labor and labor related overhead which makes up only a portion of the total precast concrete cost. Engineering, concrete mixing plant, casting tables, cranes, indirect labor, hauling and erection all add to the total cost of the product. As such, we will only be able to provide a tax savings on the use tax we would ordinarily pay for these certain direct costs. For more information please see the applicable sections of Florida Administrative Code Sections 12A-1.051 and 12A-1.043. Anything to the contrary notwithstanding, if any taxing entity should require or attempt to require tax (use, sales or otherwise) beyond as contemplated herein, by accepting this Scope of Work, you hereby agree to indemnify, defend and hold us harmless against any such claim or expenditure related to such requirement or attempted requirement, including the payment of such taxes and any and all legal fees (pre-litigation, post-litigation, during litigation and any collection costs). This requirement is hereby made a part of the Prime Contract by reference.

2. In the event the Buyer requires participation in an Owner or Contractor Controlled Insurance Program or any other similar insurance program, FINFROCK will only provide credits for insurance premiums matching those actually received for such a program.

3. Construction materials for work to be performed by others shall not be stored in or conveyed through the garage without written approval by FINFROCK.

4. Storing of heavy vehicles and/or materials in the garage may void the warranty and may result in additional costs to inspect and repair the structure, rails, doors, etc.

5. Any additional costs due to cleaning, restriping or repair of the garage in any way due to use of the garage by others before FINFROCK completion and turnover will be an additional cost to the Owner.


8/2/2018 P a g e 21

Section Seven

EXCLUSIONS

1. Notwithstanding anything contained herein or elsewhere to the contrary, including but not limited to the agreement between the parties and any exhibits contained therein, should any inconsistency, conflict or dispute arise between this Exclusion Section and any such other document, then Exclusion Section shall govern.

2. Builder’s Risk Insurance, including premiums and deductibles.

3. Building permit, impact fees and environmental fees.

4. Localized zoning, architectural review boards, planning boards, historical districts, neighborhood planning board requirements, and campus specifications.

5. Primary and secondary conduits/conductors and transformers beyond those called out for in clarifications.

6. Geotechnical reporting and inspections.

7. Additional time and costs due to buried debris, deleterious soils, sink holes, excessive settlements, shifting, heaving or other soil anomolies irrespective if these conditions are hidden or unique to this project.

8. Testing of materials.

9. Threshold inspection services

10. FF&E other than specifically included in above narrative.

11. Tele/data wire to structure and final location.

12. Fire alarm monitoring and proprietary fire alarm panels.

13. Aerial pedestrian bridges.

14. Utilities beyond those listed under clarifications.

15. Finishes at the elevator lobbies beyond unpainted precast walls and ceilings.

16. LEED design and construction.

17. Davis-Bacon or prevailing wages.

18. Chain link or security fencing for site once complete.

19. Provision for expansion of size, including foundations for future phases.

20. Fire sprinklers, the structure has standpipes.

21. Painting of standpipes.

22. Fire pump.

23. Lightning protection.

24. Fire alarm voice evacuation.

25. Security, panic buttons, cameras, monitors, car charging stations and recording devices.

26. Emergency generator.

27. Security design and construction other than specifically called for above.


ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF FINFROCK DMC AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS,

DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF FINFROCK DMC. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SECTION 506

UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRETS MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31 ET. SEQ. AND OTHER LAWS THE IDEAS, ARRANGEMENTS, AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDINGPATENT APPLICATIONS.

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LO

PE

=

3.65%

)

36

'-0

"1

2'-0

"

6

SE

CO

ND

L

EV

EL

11

'-8

"

SE

CO

ND

M

ID

L

EV

EL

15

'-2

"

PA

RK

IN

G G

AR

AG

E

29,793 S

F

75

2

C C C C

CC

UP

C

(S

LO

PE

=

6.25%

)

CC C

CC

CC

CCC

SC

AL

E: 3

/3

2"=

1'-0

"

5'-4"

10'-8"

021'-4"

17-515




CO

CO

A B

EA

CH

P

AR

KIN

G S

TR

UC

TU

RE

Cocoa B

each, F

lorida

CO

NC

EP

T 10

PLAN

N

2018-04-06

LE

VE

L 2 F

LO

OR

P

LA

N


AutoCAD SHX Text


31

911

B

24

1'-9

"

122'-8"

60'-6" 10"

12

'-0

"3

6'-0

"1

2'-0

1

/2

"1

0"

A

10"

C

60'-6"

DN

36

'-0

1

/2

"

48

10

36

'-0

"1

2'-0

"1

2'-0

"3

6'-0

"1

0"

RA

MP

D

N

RA

MP

U

P

(S

LO

PE

=

4.86%

)

(S

LO

PE

=

3.65%

)

36

'-0

"1

2'-0

"

6

TH

IR

D L

EV

EL

22

'-2

"

TH

IR

D M

ID

L

EV

EL

25

'-8

"

PA

RK

IN

G G

AR

AG

E

26,196 S

F

CC C C

CC

CC

75

2

CCC

CCCCCC

DN

C CCC CCC C C

C

C

C

SC

AL

E: 3

/3

2"=

1'-0

"

5'-4"

10'-8"

021'-4"

17-515




CO

CO

A B

EA

CH

P

AR

KIN

G S

TR

UC

TU

RE

Cocoa B

each, F

lorida

CO

NC

EP

T 10

PLAN

N

2018-04-06

LE

VE

L 3 F

LO

OR

P

LA

N


AutoCAD SHX Text


4'-3 1/2"11'-10 1/2"

11'-8"10'-6"

(E

L 43'-2")

10'-6"

14'-6"

MA

X. B

UILD

IN

G H

EIG

HT

114

10

"1

0"

36'-8"

10'-0"

GR

OU

ND

L

EV

EL

-1

'-0

"

GR

OU

ND

L

EV

EL

3'-3

1

/2

"

SE

CO

ND

M

ID

L

EV

EL

15

'-2

"

TH

IR

D M

ID

L

EV

EL

25

'-8

"

TO

P O

F S

TA

IR

S

HA

FT

35

'-8

"

SE

CO

ND

L

EV

EL

11

'-8

"

TH

IR

D L

EV

EL

22

'-2

"

GR

OU

ND

L

EV

EL

0'-0

"

36'-8"

24

1'-9

"

TO

P O

F E

LE

VA

TO

R S

HA

FT

36

'-8

"

39

12

'-0

"3

6'-0

"1

2'-0

1

/2

"3

6'-0

1

/2

"

48

10

12

'-0

"3

6'-0

"1

2'-0

"3

6'-0

"3

6'-0

"1

2'-0

"

67

52

SC

AL

E: 1

/1

6"=

1'-0

"

5'-4"

10'-8"

021'-4"

17-515




CO

CO

A B

EA

CH

P

AR

KIN

G S

TR

UC

TU

RE

Cocoa B

each, F

lorida

CO

NC

EP

T 10

PLAN

N

2018-04-06

TY

PIC

AL C

RO

SS

S

EC

TIO

N


AutoCAD SHX Text


MICH

AEL S

. ALL

EN, P

.E.

FL. L

ICEN

SE #4

5798

SITE IN

FO

RM

ATIO

N:

DESCRIPTIO

N:

SU

RVEYO

R'S N

OTES:

ABBREVIATIO

NS:

L:\Engineering\DWG\2007\070032.7 Cocoa Beach Parking Garage\Eng Dwgs\(C-101) 070032_7 SP.dwg, C-101, 4/26/2018 11:13:32 AM, dartzner, DWG To PDF.pc3

Exhibit A.2 - Civil Drawings

Cocoa Beach Parking GarageSchedule of Values Finfrock Project 17-515 08/02/2018

TOTALDescription

DIVISION 1 - GENERAL REQUIREMENTS $270,1380

DIVISION 2 - EXISTING CONDITIONS $169,7860 0

DIVISION 3 - CONCRETE $2,535,1520 0

DIVISION 4 - MASONRY $77,7230 0

DIVISION 5 - METALS $51,1000 0

DIVISION 6 - WOOD & PLASTICS $00 0

DIVISION 7 - THERMAL & MOISTURE PROTECTION $86,4360 0

DIVISION 8 - DOORS & WINDOWS $35,6500 0

DIVISION 9 - FINISHES $106,2170 0

DIVISION 10 - SPECIALTIES $37,1500 0

DIVISION 11 - EQUIPMENT $10,5300 0

DIVISION 12 - FURNISHINGS $5,6000 0

DIVISION 13 - SPECIAL CONSTRUCTION $00 0

DIVISION 14 - CONVEYING SYSTEMS $102,2500 0

DIVISION 21 - FIRE PREVENTION $49,0000 0

DIVISION 22 - PLUMBING $130,1970 0

DIVISION 23 - HVAC $18,9750 0

DIVISION 26- ELECTRICAL $208,8840 0

DIVISION 27 - COMMUNICATIONS $00 0

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY $14,5960 0

DIVISION 31 - EARTHWORK $611,9310 0

DIVISION 32- SURFACE IMPROVEMENTS $128,9590 0

DIVISION 33 - UTILITIES $89,9540

SUBTOTAL $4,740,2290

OWNER'S COSTS $00 0

DESIGN FEES $225,0000 0

GENERAL CONTRACTOR'S FEE $204,4750 0

BOND $15,2960

DESIGN BUILD TOTAL $5,185,000

Exhibit B - Schedule of Values

DESIGN BUILDER’S PERMIT LIST

COSTS NOT INCLUDED IN PRICE BUT ARE TO BE OBTAINED BY DESIGN

BUILDER :

1. Building Permit 2. Site Permit 3. Demo/Asbestos Abatement permit 4. Tree Mitigation Plan

COSTS INCLUDED IN THE PRICE AND ARE BY DESIGN BUILDER :

1. Subtrade permits, including fire protection, plumbing, mechanical, and electrical

2. National Pollutant Discharge Eliminations System (NPDES) permit for construction activities, if applicable, from the Environmental Protection Agency

Exhibit C - Design Builder's Permit List

Act

ivity

IDA

ctiv

ity N

am

eO

rigin

al

Dura

tion

Sta

rtFin

ish

Co

co

a B

each

Park

ing

Gara

ge -

Co

ntr

act

Sch

ed

ule

2018.0

7.3

1C

oco

a B

each

Park

ing

Gara

ge -

Co

ntr

act

Sch

ed

ule

2018.0

7.3

1275

09-A

pr-18 A

29-A

pr-19

OW

NE

R M

ILE

STO

NE

SO

WN

ER

MIL

ES

TO

NE

S190

31-J

ul-1

822-A

pr-19

00-0

14

Ow

ner r

evi

ew

of d

raw

ings

531-J

ul-1

806-A

ug-1

8

00-0

03

Pro

vide F

inal G

eote

ch R

eport

003-A

ug-1

8*

00-0

24

Exe

cute

Const

ruct

ion A

gre

em

ent

003-A

ug-1

8*

00-0

34

Appro

ve P

ain

t Sam

ple

s0

15-J

an-1

9

00-0

08

Pull &

Term

inate

Perm

anent P

hone L

ine

014-F

eb-1

9

00-0

09

Pro

vide M

onito

ring C

om

pany

for F

ire A

larm

014-F

eb-1

9

00-0

10

Pro

vide O

wner's

Punch

list

022-A

pr-19

PR

EC

ON

STR

UC

TIO

NP

RE

CO

NS

TR

UC

TIO

N245

09-A

pr-18 A

18-M

ar-19

DE

SIG

ND

ES

IGN

144

09-A

pr-18 A

23-O

ct-1

8

01-1

02

Pre

pare

Build

ing P

erm

it D

raw

ings

40

09-A

pr-18 A

31-J

ul-1

8

03-3

41

Pro

duce

Pre

cast

Shop D

raw

ings

40

31-J

ul-1

825-S

ep-1

8

03-3

42

Pre

cast

Pro

duct

ion

25

19-S

ep-1

823-O

ct-1

8

PE

RM

ITT

ING

PE

RM

ITT

ING

60

22-J

un-1

8 A

19-S

ep-1

8

03-3

51

Site

Perm

it R

evi

ew

and A

ppro

val

60

22-J

un-1

8 A

13-S

ep-1

8

01-1

06

Build

ing P

erm

it R

evi

ew

and A

ppro

val

30

06-A

ug-1

818-S

ep-1

8

01-1

26

Issu

e S

ite P

erm

it0

14-S

ep-1

8

01-1

16

Issu

e B

uild

ing P

erm

it0

19-S

ep-1

8

PR

OC

UR

EM

EN

TP

RO

CU

RE

ME

NT

161

31-J

ul-1

818-M

ar-19

CO

NS

TR

UC

TIO

NC

ON

STR

UC

TIO

N179

22-A

ug-1

829-A

pr-19

01-2

11Te

st P

iles

16

22-A

ug-1

812-S

ep-1

8

01-2

01

Fin

frock

Const

ruct

ion M

obiliza

tion

117-S

ep-1

8*

17-S

ep-1

8

01-2

12

Site

Dem

o10

17-S

ep-1

828-S

ep-1

8

01-2

02

Surv

ey

/ Layo

ut F

oundatio

ns

227-S

ep-1

828-S

ep-1

8

03-3

20

Pre

stre

ssed C

oncr

ete

Pile

s25

01-O

ct-1

802-N

ov-

18

03-3

00

Pile

Caps

30

02-N

ov-

18

17-D

ec-

18

07-0

01

Inst

all E

leva

tor P

it W

ate

rpro

ofin

g5

09-N

ov-

18

16-N

ov-

18

26-1

11In

stall U

nderg

round C

onduit

10

12-N

ov-

18

23-N

ov-

18

22-0

00

Underg

round P

lum

bin

g R

ough-in

15

16-N

ov-

18

10-D

ec-

18

03-3

43

Ere

ctio

n S

urv

ey

& L

ayo

ut

207-D

ec-

18

11-D

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18

01-2

04

Sta

biliza

tion, C

rane &

Haul R

oad

211

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18

13-D

ec-

18

03-3

44-0

0E

rect

ion &

Cra

ne M

obiliza

tion

213-D

ec-

18

17-D

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18

03-3

44-0

1P

reca

st E

rect

ion

25

18-D

ec-

18

24-J

an-1

9

03-3

45

Inst

all H

ois

t and S

pre

ader B

eam

s2

26-D

ec-

18

28-D

ec-

18

07-9

00

Caulk

Wall &

Deck

Join

ts35

03-J

an-1

921-F

eb-1

9

03-3

10

Sla

b o

n G

rade a

t Ele

vato

r5

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9

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00

Const

ruct

Ele

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r Eq R

oom

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02

Inst

all E

lect

rical C

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s40

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for D

eliv

ery

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00

Inst

all E

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tor

25

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all E

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r Pain

t Sam

ple

s2

11-J

an-1

914-J

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9

22-0

01

Sto

rm R

iser &

Slo

t/Flo

or D

rain

20

24-J

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921-F

eb-1

9

03-5

10

S.O

.G. a

t Gara

ge

20

24-J

an-1

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9

09-2

12

Pain

t Ext

erio

r30

29-J

an-1

911

-Mar-19

29

05

12

19

26

02

09

16

23

30

07

14

21

28

04

1118

25

02

09

16

23

30

06

13

20

27

03

10

17

24

03

10

17

24

31

07

14

21

28

05

12

19

26

August

2018

Septe

mber 2

018

Oct

ober 2

018

Nove

mber 2

018

Dece

mber 2

018

January

2019

Febru

ary

2019

Marc

h 2

019

April

2019

May

2019

Ow

ner r

evi

ew

of d

raw

ings

Pro

vide F

inal G

eote

ch R

eport

Exe

cute

Const

ruct

ion A

gre

em

ent

Appro

ve P

ain

t Sam

ple

s Pull &

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inate

Perm

anent P

hone L

ine

Pro

vide M

onito

ring C

om

pany

for F

ire A

larm

Pro

vide O

wner's

Punch

list

Pre

pare

Build

ing P

erm

it D

raw

ings

Pro

duce

Pre

cast

Shop D

raw

ings

Pre

cast

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duct

ion

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it R

evi

ew

and A

ppro

val

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ing P

erm

it R

evi

ew

and A

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val

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e S

ite P

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it

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e B

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ing P

erm

it

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s

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frock

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ruct

ion M

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tion

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o

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ut F

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ns

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ssed C

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all E

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all U

nderg

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tion, C

rane &

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oad

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tion Pre

cast

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n

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all H

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t and S

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eam

s

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ts

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all E

lect

rical C

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vato

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for D

eliv

ery

Inst

all E

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tor

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all E

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r Pain

t Sam

ple

s Sto

rm R

iser &

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t/Flo

or D

rain

S.O

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t Gara

ge

Pain

t Ext

erio

r

Cocoa B

each P

ark

ing G

ara

ge -

Contr

act S

chedule

2018.0

7.3

1C

lassic

Schedule

Layout

31-J

ul-18 1

6:1

1

Act

ual W

ork

Rem

ain

ing W

ork

Crit

ical R

em

ain

ing W

ork

Mile

stone

Ere

ctio

n b

ar

Page 1

of 2

TA

SK

filt

ers

: In

Pro

gre

ss, N

ot S

tart

ed.

© O

racle

Corp

ora

tion

Exhibit D - Project Schedule

Act

ivity

IDA

ctiv

ity N

am

eO

rigin

al

Dura

tion

Sta

rtFin

ish

21-0

01

Inst

all Fire

Pro

tect

ion S

tandpip

es

15

31-J

an-1

921-F

eb-1

9

22-0

03

Inst

all E

leva

tor S

um

p P

um

p2

05-F

eb-1

907-F

eb-1

9

08-1

04

Set H

ollo

w M

eta

l Fra

mes

in P

reca

st10

07-F

eb-1

921-F

eb-1

9

22-0

02

Inst

all D

om

est

ic W

ate

r Ris

ers

and H

ose

Bib

s10

07-F

eb-1

921-F

eb-1

9

07-4

50

Inst

all N

eogard

@ R

eta

il10

08-F

eb-1

921-F

eb-1

9

05-2

20

Inst

all S

tair

Rails

20

12-F

eb-1

911

-Mar-19

14-1

02

Ele

vato

r Test

ing &

Fin

al Insp

ect

ions

514-F

eb-1

921-F

eb-1

9

04-0

05

Const

ruct

Ele

ctric

& IT

CM

U5

14-F

eb-1

921-F

eb-1

9

26-3

03

Inst

all E

lect

rical S

witc

hgear

10

14-F

eb-1

928-F

eb-1

9

04-5

Const

ruct

Offic

e &

Bath

room

CM

U15

14-F

eb-1

907-M

ar-19

08-1

05

Inst

all H

ollo

w M

eta

l Doors

& H

ard

ware

10

21-F

eb-1

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ar-19

21-0

02

Inst

all Fire

Ext

inguis

her C

abin

ets

521-F

eb-1

928-F

eb-1

9

03-3

21

Pour C

IP Toppin

g S

labs

322-F

eb-1

926-F

eb-1

9

26-6

05

Inst

all P

ole

Lig

htin

g @

Roof

10

22-F

eb-1

907-M

ar-19

05-2

40

Inst

all Fenci

ng U

nder R

am

p5

22-F

eb-1

928-F

eb-1

9

08-5

00

Fie

ld M

easu

re E

leva

tor E

ncl

osu

re S

tore

front

125-F

eb-1

925-F

eb-1

9

26-4

00

Inst

all FA

CP

and D

evi

ces

10

28-F

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914-M

ar-19

32-1

72

Inst

all P

ave

ment M

ark

ings

at G

ara

ge

10

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914-M

ar-19

05-2

00

Inst

all E

leva

tor E

ncl

osu

re a

t roof

504-M

ar-19

11-M

ar-19

01-2

42

Site

Work

& U

tilities

20

05-M

ar-19

01-A

pr-19

10-1

00

Gara

ge S

ignage

10

07-M

ar-19

21-M

ar-19

09-2

02

Pain

t Meta

l Fra

mes

& D

oors

507-M

ar-19

14-M

ar-19

09-2

32

Build

out o

f Offic

e/R

est

room

s30

08-M

ar-19

18-A

pr-19

07-1

01

Inst

all N

eogard

Coatin

gs

512-M

ar-19

19-M

ar-19

05-3

07

Inst

all G

utte

rs &

Dow

nsp

outs

514-M

ar-19

21-M

ar-19

01-2

32

Landsc

ape/H

ard

scape

20

19-M

ar-19

15-A

pr-19

01-1

09

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hite

ct W

alk

-Thru

018-A

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99-0

00

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ntra

ctor's

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ete

d S

ubst

antia

l Com

ple

tion

018-A

pr-19

99-0

01

Fin

al Insp

ect

ions

(ME

PFP,

Fire

& B

uild

ing)

518-A

pr-19

25-A

pr-19

99-0

02

Genera

te S

ubco

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ctor's

Punch

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18-A

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22-A

pr-19

99-0

03

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ctor's

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t Work

518-A

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25-A

pr-19

99-0

05

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ner P

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t Work

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29-A

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99-0

04

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antia

l Com

ple

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29

05

12

19

26

02

09

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Exhibit D - Project Schedule

INSR ADDL SUBRLTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACTNAME:

FAXPHONE(A/C, No):(A/C, No, Ext):

E-MAILADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBERPOLICY EFF POLICY EXP

TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE

INSURER(S) AFFORDING COVERAGE NAIC #

Y / N

N / A(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

EACH OCCURRENCE $DAMAGE TO RENTED

$PREMISES (Ea occurrence)CLAIMS-MADE OCCUR

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $

$

PRO-

OTHER:

LOCJECT

COMBINED SINGLE LIMIT$(Ea accident)

BODILY INJURY (Per person) $ANY AUTOOWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLYHIRED PROPERTY DAMAGE $

AUTOS ONLY (Per accident)

$

OCCUR EACH OCCURRENCE $

CLAIMS-MADE AGGREGATE $

DED RETENTION $ $PER OTH-STATUTE ER

E.L. EACH ACCIDENT $

E.L. DISEASE - EA EMPLOYEE $If yes, describe under

E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below

POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE

Greenwich Insurance Company

XL Specialty Insurance Company

Amerisure Insurance Company

12/21/2017

BB&T Insurance Services, Inc.PO Box 4927Orlando, FL 32802-4927407 691-9600

407 691-9600 888-635-4183

Finfrock Enterprises IncFinfrock Construction Inc*2400 Apopka BlvdApopka, FL 32703

223223788519488

17/19 Master BAIBWSP

A XX

X BI/PD Ded:$10,000

X X

X CGG7409656 12/31/2017 01/01/2019 1,000,000300,00010,0001,000,0002,000,0002,000,000

AX

X X

X CAH7409657 12/31/2017 01/01/2019 1,000,000

B X X

X 10,000

US00081945LI17A 12/31/2017 01/01/2019 10,000,00010,000,000

C

N

X WC2107182WC208056305

01/01/201812/31/2016

01/01/201901/01/2018

X1,000,000

1,000,0001,000,000

*Named Insured Continued: Finfrock Industries Inc; Finfrock Design-Manufacture-Construct Inc; Finfrock Transportation Inc; Finfrock DC Inc; Finfrock Development LLC; Finfrock Design Inc and Toronto LLC General Liability: Additional Insured including completed operations is granted with if required by writtencontract or agreement per Additional Insured (Blanket) Form Endorsement CG2010 04/13 and CG2037 04/13. (See Attached Descriptions)

Proof of Insurance - OFFICE COPYFOR INFORMATIONAL PURPOSES ONLY-, XX

1 of 2#S19212076/M19209171

Client#: 1559798

CLHO1 of 2

#S19212076/M19209171

Exhibit E - Insurance Certificate

SAGITTA 25.3 (2016/03)

DESCRIPTIONS (Continued from Page 1)Primary and Non-Contributory is granted if required by written contract per Primary Insurance ClauseEndorsement XIL424 06/05. Waiver of Subrogation status is granted if required by written contract perWaiver of Transfer of Rights Endorsement CG2404 05/09. Automobile Liability: Additional Insured status is granted if required by written contract per AutomaticAdditional Insured's Endorsement XIC411 10/13. Primary and Non-Contributory is granted with if required bywritten contract per CA0449 11/16. Waiver of Subrogation status is granted if required by written contractper Waiver of Transfer of Rights of Recovery Against Others To Us Endorsement XIC404 10/07.

Workers' Compensation: Waiver of Subrogation is granted if required by written contract per Waiver of OurRight to Recover from Others Endorsement form #WC000313 04/84. Umbrella Policy: Follow form over General Liability, Auto Liability and Employers Liability.Additional Named Insureds: Finfrock Industries Inc.; Finfrock Enterprises Inc.;Finfrock Design-Manufacture-Construct Inc; Finfrock Properties Inc.; Finfrock Transportation Inc.; FinfrockDC Inc.; Finfrock Architecture & Engineering Inc.; Finfrock Design Inc.; Structure Works LLC

2 of 2

#S19212076/M19209171

Exhibit E - Insurance Certificate

MEMBERS: A.S.F.E.

American Concrete Institute ASTM International

Florida Institute of Consulting Engineers

Additional Subsurface Soil Exploration and

Geotechnical Engineering Evaluation Proposed Parking Garage Structure

S. Orlando Avenue Cocoa Beach, Florida

Ardaman & Associates, Inc.

OFFICES

Orlando – 8008 S. Orange Avenue, Orlando Florida 32809 – Phone (407) 855-3860

Alexandria – 3609 Mac Lee Drive, Alexandria, Louisiana 71302 – Phone (318) 443-2888

Bartow – 1525 Centennial Drive, Bartow, Florida 33830 – Phone (863) 533-0858

Baton Rouge – 316 Highlandia Drive, Baton Rouge, Louisiana 70884 – Phone (225) 752-4790

Cocoa – 1300 N. Cocoa Blvd., Cocoa, Florida 32922 – Phone (321) 632-2503

Fort Myers – 9970 Bavaria Road, Fort Myers, Florida 33913 – Phone (239) 768-6600

Miami – 2608 W. 84th Street, Hialeah, Florida 33016 – Phone (305) 825-2683

Monroe – 1122 Hayes Street, West Monroe, Louisiana 71292 – Phone (318) 387-4103

New Orleans – 1305 Distributors Row, Suite I, Jefferson, Louisiana 70123 – Phone (504) 835-2593

Port St. Lucie – 460 Concourse Place NW, Unit 1, Port St. Lucie, Florida 34986 – Phone (772) 878-0072

Sarasota – 78 Sarasota Center Blvd., Sarasota, Florida 34240 – Phone (941) 922-3526

Shreveport – 7222 Greenwood Road, Shreveport, Louisiana 71119 – Phone (318) 636-3673

Tallahassee – 3175 West Tharpe Street, Tallahassee, Florida 32303 – Phone (850) 576-6131

Tampa – 3925 Coconut Palm Drive, Suite 115, Tampa, Florida 33619 – Phone (813) 620-3389

West Palm Beach – 2200 North Florida Mango Road, Suite 101, West Palm Beach, Florida 33409 – Phone (561) 687-8200

Exhibit F - Owner's Geotechnical Report

1300 N. Cocoa Boulevard, Cocoa, FL 32922 Phone (321) 632-2503 FAX (321) 636-4657

Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport

Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port Charlotte, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach

Ardaman & Associates, Inc.

Geotechnical, Environmental and Materials Consultants

July 11, 2018

File No. 18-23-5222

City of Cocoa Beach

Public Works Department


Cocoa Beach, Florida 32931

Attention: Mr. Wayne Carragino

Subject: Additional Subsurface Soil Exploration and

Geotechnical Engineering Evaluation

Proposed Parking Garage Structure

S. Orlando Avenue

Cocoa Beach, Florida

Dear Mr. Carragino:

As requested, we have completed an additional subsurface soil exploration and geotechnical

engineering evaluation for the subject project. The purposes of performing this exploration were

to obtain deeper soil stratigraphy data within the parking garage structure area and to provide

recommendations for site preparation and deep pile foundation support. This report documents

our findings and presents our engineering recommendations.

SITE LOCATION AND SITE DESCRIPTION

The site for the proposed parking garage structure is located on the east side of S. Orlando

Avenue just south of Minutemen Causeway in Cocoa Beach, Brevard County, Florida (Section

15, Township 25 South, Range 37 East). The general site location is shown superimposed on the

Cocoa Beach, Florida USGS quadrangle map presented on Figure 1.

The north portion of the project site is developed with a one-story building and asphalt and

concrete parking areas. The south portion of the site is grassed and sparsely wooded

PROPOSED CONSTRUCTION AND GRADING

It is our understanding that the proposed construction consists of a 3-level (including

ground-level), pre-cast concrete parking garage. The structure will have plan dimensions of

approximately 242 feet by 130 feet.

Based on information provided by members of the design team, approximately 1 foot of fill is

anticipated to raise the structure area to final elevation. If actual fill height exceeds 1 foot, then the

recommendations in this report may not be valid.


Parking Garage Structure File No. 18-23-5222 -2-

BACKGROUND INFORMATION

Ardaman & Associates, Inc. (A&A) completed a subsurface soil exploration program and

geotechnical engineering evaluation for the subject project in May 2018. The results of the

explorations and geotechnical engineering recommendations were presented in our May 10,

2018, report titled “Subsurface Soil Exploration and Geotechnical Engineering Evaluation”.

During the initial exploration program, Standard Penetration Test (SPT) borings were performed

within the proposed garage structure area to depths ranging from 45 to 75 feet below existing

ground surface.

The previous geotechnical engineering analyses included an evaluation of shallow spread

footings for support of the proposed garage structure. However, the settlement analysis

performed indicated greater than tolerable settlement for shallow foundations. The excessive

settlement was due mostly to very soft clay soils encountered at the site at depths ranging from

approximately 42.5 to 67.5 feet below existing ground surface. As a result of the greater than

tolerable settlement estimated for shallow foundations, additional field explorations and

engineering analyses were performed to provide recommendations for deep pile foundations to

be used for support of the garage structure.

REVIEW OF SOIL SURVEY MAPS

Based on the 1974 Soil Survey for Brevard County, Florida, as prepared by the U.S. Department

of Agriculture Soil Conservation Service, the project site is located in an area mapped as the

"Urban land" soil series. A description of this soil type, as obtained from the Soil Survey, is

provided below.

Urban land (Ur): Urban land consists of areas that are 60 to more than 75 percent covered with streets, buildings, large parking lots, shopping centers, industrial parks, airports and related facilities. Unoccupied areas, mostly lawns, parks, vacant lots, and playgrounds, are Astatula, Paola, Myakka, St. Lucie, Immokalee, Pomello, Cocoa, and Canaveral soils in tracts too small to be mapped separately.

FIELD EXPLORATION PROGRAM

SPT Borings

The field exploration program included performing three Standard Penetration Test (SPT) borings

within the proposed "footprint" of the parking garage structure. Initially, on April 2, 2018 during the

previous exploration, the borings were advanced to depths of 45 and 75 feet below the existing

ground surface using the methodology outlined in ASTM D-1586. Then, between June 8 and 18,

2018, the borings were extended to depths of 125 and 135 feet below ground surface. A summary

of the SPT field procedure is included in Appendix I. Split-spoon soil samples recovered during

performance of the borings were visually classified in the field and representative portions of the

samples were transported to our laboratory in sealed sample jars.

The groundwater level at the boring locations was measured during drilling. Upon completion, the

borings were grouted with neat cement grout.



Test Locations

The approximate locations of the borings are schematically illustrated on a site plan shown on

Figure 2. These locations were determined in the field by estimating distances from existing site

features and should be considered accurate only to the degree implied by the method of

measurement used.

LABORATORY PROGRAM

Representative soil samples obtained during our field sampling operation were packaged and

transferred to our laboratory for further visual examination and classification. The soil samples

were visually classified in general accordance with the Unified Soil Classification System (ASTM

D-2488). The resulting soil descriptions are shown on the soil boring profiles presented in

Appendix II.

In addition, we conducted 13 percent fines analyses (ASTM D1140), two natural moisture content

tests (ASTM D2216), and two Atterberg limits tests (ASTM D4318) on selected soil samples

obtained from the borings. The results of these tests are presented adjacent to the sample depths

on the boring profiles in Appendix II.

GENERAL SUBSURFACE CONDITIONS

General Soil Profile

The results of the field exploration and laboratory programs are graphically summarized on the

soil boring profiles presented in Appendix II. The stratification of the boring profiles represents our

interpretation of the field boring logs and the results of laboratory examinations of the recovered

samples. The stratification lines represent the approximate boundary between soil types. The

actual transitions may be more gradual than implied.

The results of the borings indicate the following general soil profile at the proposed parking

garage structure location:

Depth Below Ground Surface

(feet) Description (Unified Soil Classification)

0 to 12.5 Very loose to medium dense fine sand (SP)

12.5 to 32.5 Medium dense to dense fine sand (SP)

32.5 to 42.5

Very loose to medium dense fine sand (SP), silty fine

sand (SM), and clayey fine sand (SC). Also medium stiff

clay (CH)

42.5 to 77.5 Very soft to soft clay (CH), and very loose silty fine sand

(SM) and clayey fine sand (SC)



Depth Below Ground Surface

(feet) Description (Unified Soil Classification)

77.5 to 127.5

Loose to medium dense partially-cemented sand and

shell, and loose to medium dense fine sand (SP), fine

sand with silt (SP-SM), silty fine sand (SM), and clayey

fine sand (SC)

127.5 to 135 Medium dense clayey fine sand (SC)

Various amounts of shell and partially-cemented sand and shell were encountered in the soil

samples collected from the borings. The above soil profile is outlined in general terms only.

Please refer to Appendix II for soil profile details.

Groundwater Level

The groundwater level was measured in the boreholes on April 2, 2018. As shown on the soil

boring profiles in Appendix II, groundwater was encountered in the borings at depths ranging from

5.2 to 6 feet below the existing ground surface on the date indicated. Fluctuations in groundwater

levels should be anticipated throughout the year primarily due to seasonal variations in rainfall

and other factors that may vary from the time the boring was conducted.

It is noted that artesian groundwater conditions, evident by groundwater flow above the ground

surface, were encountered at each of the boring locations when attempting to collect the soil

samples at the 75-foot depth interval. The artesian groundwater flow was observed to be

significant at each boring location.

NORMAL SEASONAL HIGH GROUNDWATER LEVEL

The normal seasonal high groundwater level each year is the level in the August-September

period at the end of the rainy season during a year of normal (average) rainfall. The water table

elevations associated with a higher than normal rainfall and in the extreme case, flood, would be

higher to much higher than the normal seasonal high groundwater level. The normal high water

levels would more approximate the normal seasonal high groundwater levels.

The seasonal high groundwater level is affected by a number of factors. The drainage

characteristics of the soils, the land surface elevation, relief points such as drainage ditches,

lakes, rivers, swamp areas, etc., and distance to relief points are some of the more important

factors influencing the seasonal high groundwater level.

In addition to evaluating the conditions above, we have reviewed annual precipitation data available from the Melbourne Office of the National Weather Service. Based on this data, the annual rainfall in Brevard County as of April 2, 2018, was approximately 3.6 inches, which is approximately 4.6 inches below normal for this time of year.

Based on our interpretation of the site conditions using our boring logs, we estimate the normal

seasonal high groundwater level at the boring locations to be approximately 1½ feet above the

groundwater levels measured at the time of our field exploration.



ENGINEERING EVALUATION AND RECOMMENDATIONS

General

The results of our exploration program indicate that, with proper site preparation as recommended in this report, the existing soils are suitable for supporting the proposed parking garage structure on a deep, driven pile foundation system.

As previously noted, significant artesian groundwater conditions were encountered at the project

site shortly after penetrating the very soft clay soils. Due to these artesian groundwater conditions

and the depth of the soft clay, we recommend that the auger cast piles not be considered for this

project. Additionally, deep soil improvement that penetrates the very soft clay soils may be

problematic due to the significant artesian groundwater conditions.

The following are our recommendations for overall site preparation and foundation support which

we feel are best suited for the proposed structure and existing soil conditions. The

recommendations are made as a guide for the design engineer, parts of which should be

incorporated into the project's specifications.

Stripping and Grubbing

The "footprint" of the proposed parking garage structure, plus a minimum margin of 5 feet, should

be stripped of all surface vegetation, stumps, debris, asphalt, concrete, organic topsoil or other

deleterious materials, as encountered. Buried utilities should be removed or plugged to eliminate

conduits into which surrounding soils could erode.

After stripping, the site should be grubbed or root-raked such that roots with a diameter greater

than ½ inch, stumps, or small roots in a dense state, are completely removed. The actual depth(s)

of stripping and grubbing must be determined by visual observation and judgment during the

earthwork operation.

All existing foundations, slabs and any other underground structures should be removed from the

proposed construction areas. If pipes or any collapsible or leak prone utilities are not removed or

completely filled (with grout or concrete), they might serve as conduits for subsurface erosion

resulting in excessive settlements. Over-excavated areas resulting from the removal of

underground structures and unsuitable materials should be backfilled in accordance with the fill

soils section of this report.

It has been our experience that soils surrounding existing buildings and pavement sometimes

contain pockets of construction debris or other deleterious materials requiring removal and

replacement with compacted clean fine sands. Therefore, we strongly recommend that the

stripped surface be inspected by Ardaman & Associates, Inc.

Proof-rolling

We recommend proof-rolling the cleared surface to locate any unforeseen soft areas or

unsuitable surface or near-surface soils, to increase the density of the upper soils, and to prepare



the existing surface for the addition of the fill soils (as required). Proof-rolling of the structure area

should consist of at least 10 passes of a compactor capable of achieving the density requirements

described in the next paragraph. Each pass should overlap the preceding pass by 30 percent to

achieve complete coverage. If deemed necessary, in areas that continue to "yield", remove all

deleterious material and replace with clean, compacted sand backfill. The proof-rolling should

occur after cutting and before filling.

A density equivalent to or greater than 95 percent of the modified Proctor (ASTM D-1557)

maximum dry density value for a depth of 2 feet in the parking garage area must be achieved

beneath the stripped and grubbed ground surface. Additional passes and/or overexcavation and

recompaction may be required if these minimum density requirements are not achieved. The soil

moisture should be adjusted as necessary during compaction.

Care should be exercised to avoid damaging any neighboring structures while the compaction

operation is underway. Prior to commencing compaction, occupants of adjacent structures should

be notified and the existing condition (i.e. cracks) of the structures documented with photographs

and survey (if deemed necessary). If requested, Ardaman & Associates could assist with pre- and

post-construction surveys of existing structures and with vibration monitoring during construction.

Compaction should cease if deemed detrimental to adjacent structures, and Ardaman &

Associates should be notified immediately. Heavy vibratory compaction equipment should not be

used within 200 feet of existing structures.

Suitable Fill Material and the Compaction of Fill Soils

All fill soil should be free of organic materials, such as roots and vegetation. We recommend using

fill with less than 12 percent by dry weight of material passing the U.S. Standard No. 200 sieve

size. The fine sand and fine sand with silt (Strata Nos. 1 and 6 without roots, as shown on the soil

boring profiles presented in Appendix II) are suitable for use as fill soil and, with proper moisture

control, should densify using conventional compaction methods. Soils with more than 12 percent

passing the No. 200 sieve can be used in some applications, but will be more difficult to compact

due to their inherent nature to retain soil moisture.

All structural fill should be placed in level lifts not to exceed 12 inches in uncompacted thickness.

Each lift should be compacted to at least 95 percent of the modified Proctor (ASTM D-1557)

maximum dry density value. The filling and compaction operations should continue in lifts until the

desired elevation(s) is achieved. If hand-held compaction equipment is used, the lift thickness

should be reduced to no more than 6 inches.

Foundation Support by Deep, Driven Pile Foundations

The very soft clay encountered on the project site between the depths of approximately 37.5 to

42.5 feet and 67.5 to 77.5 feet below existing ground surface create the potential for excessive

total and differential settlements for the parking garage structure. Also, artesian pressures were

found in all three borings below the depth of 75 feet with the water rising to the ground surface in

each borehole. Due to these conditions, recommendations for deep, driven pile foundations for

the structure are provided below.



We have analyzed allowable compressive capacities for 12-inch and 14-inch prestressed, precast

concrete (PPC) piles for the support of the parking garage structure. Static pile capacities were

estimated utilizing SPT N-values from Borings TH-1, TH-2 and TH-3 for this study. The

calculations incorporate a factor of safety of 2 for both the side friction and mobilized end bearing.

A summary of the results of the axial pile capacities analyses versus tip depths are presented in

the following table. These capacities are based on a minimum pile spacing of 3.0 times the width

of the pile measured center-to-center. If pile spacing is less, pile capacity will be reduced.

Pile Type Estimated Tip Depth*

(feet) Allowable Axial Compressive

Capacity (tons)

12” PPC

105 34

110 52

115 75

14” PPC

100 43

105 45

110 69

115 99

Notes: 1. Estimated tip depth is measured from existing ground surface at the boring

locations. 2. Capacities presented above have been adjusted to account for estimated

downdrag – A-Pile FHWA Method.

Pile tip depths presented above are estimates based on the results of our analyses. The actual

pile lengths and capacities may be higher or lower than estimated and will be determined during

driving. Uplift capacities of the piles are anticipated to be at least 50 percent of the compressive

capacities presented above.

We recommend performing a test pile program at the beginning of pile construction consisting of a

minimum of two piles instrumented with a Pile Driving Analyzer (PDA). The data will be used to

evaluate hammer-driving system performance, pile stresses during driving, pile structural

integrity, and finalization of allowable axial pile capacity. This test pile data will also be useful for

estimating production pile lengths.

At least 10 days prior to initiation of pile driving, the pile driving contractor will need to provide the

Geotechnical Engineer (Ardaman & Associates, Inc.) with the following information regarding the

proposed piles and pile driving system:

A. Manufacturer’s specifications of the proposed hammer including all modifications.

B. Description and dimensions of the capblock material.

C. Description and dimensions of all cushion material.

D. Plans showing dimensions and details of construction of any followers to be used.

E. Any additional pertinent information necessary for wave equation analysis.



The Contractor should perform his own wave equation analysis to determine the capability of the

proposed pile driving equipment and should include the results of these analyses along with the

above information.

As specified in Revised FDOT Specification Section 455, piles should not be driven beyond practical refusal (20 per inch). The piles used on this project should conform to the latest FDOT Standard Specification regarding precast, prestressed concrete piles. Piles should be driven with a steam, air, hydraulic, or diesel hammer. At all times, the hammer should be operated at the chamber pressure and speed recommended by the manufacturer. Pile driving should be as continuous an operation as possible and should proceed without stopping over the last 10 feet of penetration. Pile redrives and/or set checks should be performed as necessary or deemed prudent. Should the contractor change hammers or procedures such that the energy delivered to the production pile is different than that of the test piles, the engineer should be contacted. Additional PDA tests may be required and the driving criteria modified. During driving, pile driving records should be kept for each pile detailing pertinent information such as the pile type, pile length, date driven, and blow count per foot. The capacity of each pile should be reviewed based on its final tip elevation and driving record. We recommend that pile driving operations be continuously monitored by an Ardaman & Associates’ geotechnical engineer or his representative.

It is noted that during pile driving, vibration may cause settlement/displacement in existing nearby

structures. Care should be exercised to avoid damaging any neighboring structures while the

compaction operation is underway. Pile driving may also create excessive noise that could be

problematic for activities at the subject site. Prior to commencing compaction, occupants of

adjacent structures should be notified and the existing condition (i.e. cracks) of the structures

documented with photographs and survey (if deemed necessary). Pre-construction condition

surveys of nearby structures should be considered due to the proximity of the nearby structures.

Ardaman & Associates would be pleased to provide this service.

Subgrade Compaction Requirements

Compaction beneath all slabs on grade should be verified for a depth of 12 inches and meet the

95 percent criteria (modified Proctor, ASTM D-1557).

Slab Moisture Reducer

Precautions should be taken during the slab construction to reduce moisture entry from the

underlying subgrade soils. Moisture entry can be reduced by installing a membrane between the

subgrade soils and floor slab. Care should be exercised when placing the reinforcing steel (or

mesh) and slab concrete such that the membrane is not punctured. We note that the membrane

alone does not prevent moisture from occurring beneath or on top of the slab.

If interior columns are isolated from the floor slab, an expansion joint should be provided around

the columns and sealed with a water-proof sealant



Dewatering

If the control of groundwater is required to achieve the necessary stripping, excavation,

proof-rolling, filling, compaction, and any other earthwork, sitework, and/or foundation subgrade

preparation operations required for the project, the actual method(s) of dewatering should be

determined by the contractor. Dewatering should be performed to lower the groundwater level to

depths that are adequately below excavations and compaction surfaces. Adequate groundwater

level depths below excavations and compaction surfaces vary depending on soil type and

construction method, and are usually 2 feet or more. Dewatering solely with sump pumps may

not achieve the desired results.

QUALITY ASSURANCE

We recommend establishing a comprehensive quality assurance program to verify that all site

preparation and foundation construction is conducted in accordance with the appropriate plans

and specifications. Materials testing and inspection services should be provided by Ardaman &

Associates.

As a minimum, an on-site engineering technician should monitor all stripping and grubbing to

verify that all deleterious materials have been removed and should observe the proof-rolling

operation to verify that the appropriate number of passes are applied to the subgrade. In-situ

density tests should be conducted during filling activities and below all slabs on grade to verify

that the required densities have been achieved. In-situ density values should be compared to

laboratory Proctor moisture-density results for each of the different natural and fill soils

encountered.

The installation of test and production piles should be monitored full-time by a representative of

Ardaman & Associates. Finally, we recommend inspecting and testing the construction materials

for the foundations and other structural components.

CLOSURE

The analyses and recommendations submitted herein are based on the data obtained from the

soil borings presented on Figure 2 and in Appendix II. This report does not reflect any variations

which may occur adjacent to or between the boring locations. The nature and extent of the

variations between the boring locations may not become evident until during construction. If

variations then appear evident, it will be necessary to re-evaluate the recommendations

presented in this report after performing on-site observations during the construction period and

noting the characteristics of the variations. This study does not include an evaluation of the

environmental (ecological or hazardous/toxic material related) condition of the site and

subsurface.

This report has been prepared for the exclusive use of the City of Cocoa Beach in accordance

with generally accepted geotechnical engineering practices. In the event any changes occur in

the design, nature, or location of the proposed structure, we should review the applicability of

conclusions and recommendations in this report. We recommend a general review of final design

and specifications by our office to verify that earthwork and foundation recommendations are



properly interpreted and implemented in the design specifications. Ardaman & Associates should

attend the pre-bid and preconstruction meetings to verify that the bidders/contractor understand

the recommendations contained in this report.

We are pleased to be of assistance to you on this phase of the project. When we may be of further

service to you or should you have any questions, please contact us.

Very truly yours,

ARDAMAN & ASSOCIATES, INC. Certificate of Authorization No. 5950

Jason P. Manning, P.E. Ross T. McGillivray P.E.

Branch Manager Senior Consultant

Florida License No. 53265 Florida License No. 17920

JPM/RTM/dk


APPENDIX I

Standard Penetration Test Boring Procedure


STANDARD PENETRATION TEST

The standard penetration test is a widely accepted test method of in situ testing of foundation soils

(ASTM D 1586). A 2-foot long, 2-inch O.D. split-barrel sampler attached to the end of a string of

drilling rods is driven 18 inches into the ground by successive blows of a 140-pound hammer

freely dropping 30 inches. The number of blows needed for each 6 inches of penetration is

recorded. The sum of the blows required for penetration of the second and third 6-inch increments

of penetration constitutes the test result or N-value. After the test, the sampler is extracted from

the ground and opened to allow visual examination and classification of the retained soil sample.

The N-value has been empirically correlated with various soil properties allowing a conservative

estimate of the behavior of soils under load.

The tests are usually performed at 5-foot intervals. However, more frequent or continuous testing

is done by our firm through depths where a more accurate definition of the soils is required. The

test holes are advanced to the test elevations by rotary drilling with a cutting bit, using circulating

fluid to remove the cuttings and hold the fine grains in suspension. The circulating fluid, which is a

bentonitic drilling mud, is also used to keep the hole open below the water table by maintaining an

excess hydrostatic pressure inside the hole. In some soil deposits, particularly highly pervious

ones, NX-size flush-coupled casing must be driven to just above the testing depth to keep the

hole open and/or prevent the loss of circulating fluid.

Representative split-spoon samples from the soils at every 5 feet of drilled depth and from every

different stratum are brought to our laboratory in air-tight jars for further evaluation and testing, if

necessary. Samples not used in testing are stored for 30 days prior to being discarded. After

completion of a test boring, the hole is kept open until a steady state groundwater level is

recorded. The hole is then sealed, if necessary, and backfilled.


APPENDIX II

Soil Boring Profiles


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Exhibit H - Payment Applications

CONDITIONAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT AND WAIVER OF RIGHT TO CLAIM AGAINST PAYMENT BOND, AS APPLICABLE

Except as specifically identified below, the undersigned lienor and/or claimant on payment bond, in consideration of the sum of ______________ and ___/100 Dollars ($ ___________), hereby waives and releases its lien, right to claim a lien for labor, services, or materials and, if a payment bond is provided for this Project, right to claim against the payment bond for labor, services, or materials furnished through (Date) to (Finfrock for Subcontractors, GC/Owner for Finfrock) on the job of (Owner) for the following property:

(Property Description) This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. THIS WAIVER AND RELEASE IS EXPRESSLY CONDITIONED UPON RECEIPT AND CLEARANCE OF THE ABOVE FUNDS. Exceptions:

This waiver and release does not cover the following:

(Identify any specific claims asserted by Lienor/Claimant for changes or impacts prior to the Release Date not covered by this waiver and release). The undersigned attests, warrants and agrees that the scanned original signature of a party to this lien release shall be considered to be valid and as enforceable as an original signature and shall effectively bind the undersigned to this Waiver and Release. The undersigned agrees not to deny the legal effect, enforceability or admissibility of this Waiver and Release predicated upon the inclusion of a scanned original signature. DATED on ______________, 20 .

By: Waiving Company: ________________________ Signature: ________________________ Title: ________________________

STATE OF FLORIDA COUNTY OF ________ The foregoing instrument was acknowledged before me this _____day of _____, 20___, by (name of person acknowledging).

(NOTARY SEAL)

___________________________________ Signature of Notary Public-State of Florida ___________________________________ Name of Notary Typed, Printed, or Stamped

Personally Known _______ OR Produced Identification _______ Type of Identification Produced _________________________________________________

Exhibit I - Florida Statutory Lien Waivers

UNCONDITIONAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT AND WAIVER OF RIGHT TO CLAIM AGAINST PAYMENT BOND, AS APPLICABLE

Except as specifically identified below, the undersigned lienor and/or claimant on payment bond, in consideration of the sum of ______________ and ___/100 Dollars ($ ___________), the receipt and sufficiency of which is hereby acknowledged, hereby waives and releases its lien, right to claim a lien for labor, services, or materials and, if a payment bond is provided for this Project, right to claim against the payment bond for labor, services, or materials furnished through (Date) to (Finfrock for Subcontractors, GC/Owner for Finfrock) on the job of (Owner) for the following property:

(Property Description) This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. Exceptions:





(NOTARY SEAL)




CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT AND WAIVER OF RIGHT TO CLAIM AGAINST PAYMENT BOND, AS APPLICABLE

Except as specifically identified below, the undersigned lienor and/or claimant on payment bond, in consideration of the sum of ______________ and ___/100 Dollars ($ ___________), hereby waives and releases its lien, right to claim a lien for labor, services, or materials and, if a payment bond is provided for this Project, right to claim against the payment bond for labor, services, or materials furnished to (Finfrock for Subcontractors, GC/Owner for Finfrock) on the job of (Owner) for the following property:

(Property Description) THIS WAIVER AND RELEASE IS EXPRESSLY CONDITIONED UPON RECEIPT AND CLEARANCE OF THE ABOVE FUNDS. Exceptions:





(NOTARY SEAL)




UNCONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT AND WAIVER OF RIGHT TO CLAIM AGAINST PAYMENT BOND, AS APPLICABLE

Except as specifically identified below, the undersigned lienor and/or claimant on payment bond, in consideration of the sum of ______________ and ___/100 Dollars ($ ___________), the receipt and sufficiency of which is hereby acknowledged, hereby waives and releases its lien, right to claim a lien for labor, services, or materials and, if a payment bond is provided for this Project, right to claim against the payment bond for labor, services, or materials furnished to (Finfrock for Subcontractors, GC/Owner for Finfrock) on the job of (Owner) for the following property:

(Property Description) Exceptions:





(NOTARY SEAL)


