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HomeMy WebLinkAbout2005-313a r r STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the r. NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS .r This document has been approved and endorsed by ® The Associated General Contractors of America Construction Specifications Institute r Copyright © 1996 .r National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 101515th Street N .W . , Washington , DC 20005 .,, American Society of Civil Engineers 345 East 47th Street, New York , NY 10017 TABLE OF CONTENTS Tithe Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . , . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 .02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE2 - PRELIMINARY MATTERS . . . . . . . . . . . I . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 . 02 Copies of Documents . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . * . * o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 , 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 W ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 .02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 .r 3 .03 Reporting and Resolving Discrepancies . . . , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 01 Availability of Lands . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .03 Differing Subsurface or Physical Conditions. . I . . I I I I I I I I I I . . . . . . . . . . . . . 1 . 11 , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 err 4 .05 Reference Points ' . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . O . W . G . . 060 . . . . . . . " I ' ll " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 60 , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 .01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 .02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 .03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 .04 CONTRACTOR's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 . 05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 .09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 .. 5 . 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 .01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 .02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6 .03 Services, Materials, and Equipment . . , . I I . . . . 11 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W . . . I . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ` 6 .05 Substitutes and "Or-Equals". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 07 Patent Fees and Royalties .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 r 0016-00700 - General Conditions 00700 - 2 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc Rev. 05101 +ir .., 6 .08 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 .09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 . 11 Use of Site and Other Areas . . . . . I . . . . I . . . . . . . Ile 1 . 1 . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 • 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 19 CONTRACTOR 'S General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 .20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7 .02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 +■ ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 .01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 +rrl 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 .05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8 ,06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 .r 8 .07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 r 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 .01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 .02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 .04 Clarifications and Interpretations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 9 .05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9 .06 Rejecting Defective Work . . . . . . , . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 29 r 9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 r ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 .01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 10 .02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 .03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 .04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 . 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 rr ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 11 .01 Cost of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 r11 . 02 Cash Allowances . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33 11 .03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 0016-00700 - General Conditions 00700 - 3 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 023641st St Contract Docs\0016-00700 - General Conditions.doc Rev. 05101 12 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 .02 Change of Contract Times . I . . . . . . . . . . . . . . . . . . . . . . . . . . .� 12 . 03 Delays Beyond CONTRACTOR's Control, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . goes , . . . . . . . . . . . . . . . . . . . . . 35 12 . 04 Delays Within CONTRACTOR's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 . 02 Access to 'Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 r 13 .04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 .06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 08 Acceptance of Defective Work. I I I I I I . . . . . . . . . . . . . . . 11 . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . * . * . . . . . . . . . . . . . . . . . . . . . . . . . . a . * . . . . . . . . . . . . . . . . . . 37 13 .09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . * * * , . ease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 ARTICLE 14 as PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 14 .01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 . 02 Progress Payments . . , . . . , . , . . . . . . . . . . . . . . . 11 . 11 , . . . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14 .03 CONTRACTOR's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 .04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 'rr 14 .07 Final Payment, . , . , . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I ' ll . . . I . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ■r ARTICLE 15 as SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 .01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 .02 OWNER May Terminate for Cause . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 r. ARTICLE16 as DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 r 17 .01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 .03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 .+ 17 .04 Survival of Obligations . I . . . . . . . . . . . . . . . . " I ' ll " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 17 . 05 Controlling Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 .r +rr 0016-00700 - General Conditions 00700 - 4 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc Rev. 05/01 an GENERAL CONDITIONS op ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of + Contract Price or Contract Times , or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim . and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract—The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and +� CONTRACTOR concerning the Work . The Contract 1 . Addenda—Written or graphic instruments supersedes prior negotiations , representations , or issued prior to the opening of Bids which clarify, agreements , whether written or oral . r correct, or change the Bidding Requirements or the Contract Documents . 12 . Contract Documents--The Contract Documents establish the rights and obligations of the 2 . Agreement—The written instrument which parties and include the Agreement, Addenda (which .. is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds , these CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are �r be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents . with all Written Amendments , Change Orders , Work Change Directives , Field Orders , and ENGINEER's 4 . Asbestos—Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement . Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract ow tional Safety and Health Administration . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files 5. Bid—The offer or proposal of a bidder in electronic media format of text, data , graphics , and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed . CONTRACTOR are not Contract Documents . 6 . Bidding Documents—The Bidding 13 . Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids) . Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7 . Bidding Requirements--The paragraph 11 .03 in the case of Unit Price Work) . Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14 . Contract Times—The number of days or with any supplements , the dates stated in the Agreement to : (i) achieve Substantial Completion ; and ( ii ) complete the Work so 8 . Bonds—Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- ment. +�+ 9 . Change Order A document recommend- ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR—The individual or entity and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement, revision in the Work or an adjustment in the Contract Price or the Contract Times , issued on or after the 16 . Cost of the Work—See paragraph 11 . 01 .A Effective Date of the Agreement. for definition . ar 0016-00700 - General Conditions 00700 - 5 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc Rev. 05101 r 17 . Drawings—That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by ENGINEER tion of all the Work . which graphically shows the scope, extent, and character of the Work to be performed by 28 . Notice of Award--The written notice by CONTRACTOR. Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined . bidder with the conditions precedent listed therein , •r OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement—The date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given r effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run -and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the Work under the Contract Documents . .. 19 . ENGINEER—The individual or entity named as such in the Agreement. 30 . OWNER--The individual , entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is entity having a contract with ENGIN urnish to be performed . services as ENGINEER's ndent professional associate or con ith respect to the Project and 31 . Partial Utilization--Use by OWNER of a . r who i ied as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work . 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the 32 . PCBs—Polychlorinated biphenyls . Work but which does not involve a change in the Contract Price or the Contract Times . 33 . Petroleum—Petroleum , including crude oil or any fraction thereof which is liquid at standard 22 . General Requirements--Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch Requirements pertain to all sections of the Specifica- absolute), such as oil , petroleum , fuel oil , oil sludge, oil tions . refuse , gasoline, kerosene , and oil mixed with other non- Hazardous Waste and crude oils . 23 . Hazardous Environmental Condition—The y, presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole , or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . thereto in connection with the Work . ' 35 . Project Manual--The bound documentary 24 . Hazardous Waste—The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work . A listing of the contents of the Project Manual , 1004 of the Solid Waste Disposal Act (42 USC which may be bound in one or more volumes, is Section 6903 ) as amended from time to time . contained in the table (s ) of contents . • 25 . Laws and Regulations, Laws or Regulat- 36 . Radioactive Material--Source, special ions—Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the ordinances , codes , and orders of any and all govem- Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies , agencies , authorities , and courts seq . ) as amended from time to time . having jurisdiction . 37 . Resident Project Representative—The 26 . Liens--Charges, security interests , or authorized representative of ENGINEER who may be encumbrances upon Project funds , real property, or assigned to the Site or any part thereof. personal property. 38 . Samples--Physical examples of 27 . Milestone—A principal event specified in materials , equipment, or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 0016-00700 - General Conditions Page 6 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc establish the standards by which such portion of the ' Work will be judged . 47 . Unit Price Work--Work to be paid for on the basis of unit prices . 39 . Shop Drawings--All drawings , diagrams , r illustrations , schedules , and other data or information 48 . Work--The entire completed construction which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re- CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents . illustrate some portion of the Work . Work includes and is the result of performing or providing all labor, services , and documentation 40 . Site—Lands or areas indicated in the necessary to produce such construction , and Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials .rr upon which the Work is to be performed , including and equipment into such construction , all as required rights-of-way and easements for access thereto, and by the Contract Documents . such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the 41 . Specifications--That part of the Contract Effective Date of the Agreement and signed by Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering of materials , equipment, systems , standards , and an addition , deletion , or revision in the Work, or workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or administrative details applicable thereto . physical conditions under which the Work is to be performed or to emergencies . A Work Change 42 . Subcontractor--An individual or entity Directive will not change the Contract Price or the having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect any other Subcontractor for the performance of a part that the change ordered or documented by a Work of the Work at the Site . Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by 43 . Substantial Completion--The time at the parties as to its effect, if any, on the Contract Price which the Work (or a specified part thereof) has or Contract Times . .r progressed to the point where , in the opinion of ENGINEER, the Work (or a specified part thereof) is 50 . Written Amendment—A written statement sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by .. Documents , so that the Work (or a specified part OWNER and CONTRACTOR on or after the Effective thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the intended . The terms "substantially complete" and nonengineering or nontechnical rather than strictly "substantially completed" as applied to all or part of the construction-related aspects of the Contract Docu- •• Work refer to Substantial Completion thereof. ments . 44 . Supplementary Conditions--That part of 1 . 02 Terminology the Contract Documents which amends or supplements these General Conditions . A. Intent of Certain Terms or Adjectives 45 . Supplier--A manufacturer, fabricator, 1 . Whenever in the Contract Documents the r supplier, distributor, materialman , or vendor having a terms "as allowed ,' "as approved ," or terms of like direct contract with CONTRACTOR or with any effect or import are used , or the adjectives Subcontractor to furnish materials or equipment to be "reasonable ," "suitable," "acceptable," "proper," incorporated in the Work by CONTRACTOR or any "satisfactory," or adjectives of like effect or import Subcontractor, are used to describe an action or determination of ENGINEER as to the Work, it is intended that such 46 . Underground Facilities—All underground action or determination will be solely to evaluate , in . . pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract attachments , and any encasements containing such Documents and conformance with the design facilities , including those that convey electricity, gases , concept of the completed Project as a functioning steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract communications , cable television , water, wastewater, Documents (unless there is a specific statement storm water, other liquids or chemicals , or traffic or indicating otherwise) . The use of any such term or other control systems . adjective shall not be effective to assign to ENGI - 0016-00700 - General Conditions Page 7 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu- the performance of the Work or any duty or ments , words or phrases which have a well-known authority to undertake responsibility contrary to the technical or construction industry or trade meaning are provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with of the Contract Documents . such recognized meaning . B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2 . 01 Delivery of Bonds C . Defective A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also 1 . The word "defective," when modifying deliver to OWNER such Bonds as CONTRACTOR the word 'Work ," refers to Work that is may be required to furnish , unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does 2 .02 Copies of Documents not meet the requirements of any inspection , reference standard , test, or approval referred to A. OWNER shall furnish to CONTRACTOR up in the Contract Documents , or has been to ten copies of the Contract Documents . Additional damaged prior to ENGINEER's recom - copies will be furnished upon request at the cost of mendation of final payment (unless responsi- reproduction . .. bility for the protection thereof has been assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice Completion in accordance with paragraph to Proceed 14 .04 or 14 .05) . A. The Contract Times will commence to run on D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given , on the day .r 1 . The word "furnish ," when used in indicated in the Notice to Proceed . A Notice to Pro- connection with services , materials, or ceed may be given at any time within 30 days after the equipment, shall mean to supply and deliver Effective Date of the Agreement. In no event will the said services , materials , or equipment to the Contract Times commence to run later than the Site (or some other specified location ) ready for sixtieth day after the day of Bid opening or the thirtieth use or installation and in usable or operable day after the Effective Date of the Agreement, condition . whichever date is earlier. 2 . The word "install ," when used in 2 . 04 Starting the Work connection with services , materials , or equipment, shall mean to put into use or place A. CONTRACTOR shall start to perform the in final position said services , materials , or Work on the date when the Contract Times com - equipment complete and ready for intended mence to run . No Work shall be done at the Site prior use . to the date on which the Contract Times commence to run . 3 . The words "perform" or "provide, when used in connection with services , 2 . 05 Before Starting Construction materials, or equipment, shall mean to furnish and install said services , materials , or A. CONTRACTOR's Review of Contract Docu- equipment complete and ready for intended ments: Before undertaking each part of the Work, use. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 4 . When "furnish ," "install ," "perform ," or figures therein and all applicable field measurements . "provide ' is not used in connection with services , CONTRACTOR shall promptly report in writing to materials , or equipment in a context clearly ENGINEER any conflict, error, ambiguity, or • requiring an obligation of CONTRACTOR, discrepancy which CONTRACTOR may discover and "provide" is implied . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 0016-00700 - General Conditions Page 8 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236.41st St Contract Docs\0016-00700 - General Conditions.doc .rr thereby; however, CONTRACTOR shall not be liable 2 . 07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the A. Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the . . reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- B . Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI- the Effective Date of the Agreement (unless otherwise NEER as provided below the schedules submitted in Will specified in the General Requirements), CONTRAC- accordance with paragraph 2 .05 . 13 . CONTRACTOR TOR shall submit to ENGINEER for its timely review: shall have an additional ten days to make corrections and adjustments and to complete and resubmit the .. 1 . a preliminary progress schedule schedules . No progress payment shall be made to indicating the times (numbers of days or dates) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER . of the Work, including any Milestones specified in the Contract Documents ; 1 . The progress schedule will be acceptable to ENGINEER if it provides an 2 . a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified Milestones and the each required submittal and the times for sub- Contract Times . Such acceptance will not mitting , reviewing , and processing such impose on ENGINEER responsibility for the submittal ; and progress schedule, for sequencing , scheduling , +� or progress of the Work nor interfere with or 3 , a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR's all of the Work which includes quantities and full responsibility therefor, prices of items which when added together equal the Contract Price and subdivides the 2 . CONTRACTOR's schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a 4W during performance of the Work. Such prices workable arrangement for reviewing and will include an appropriate amount of overhead processing the required submittals . and profit applicable to each item of Work . 3 . CONTRACTOR's schedule of values r will be acceptable to ENGINEER as to form the Site is started , CONTRACTOR and OWN E all and substance if it provides a reasonable each deliver to the other, with co ' o each allocation of the Contract Price to component aw additional insured identified in Supplementary parts of the Work . Conditions , certificates insurance (and other ARTICLE 3 - CONTRACT DOCUMENTS : INTENT , evidence of insur which either of them or any AMENDING , REUSE additional Jpzttred may reasonably request) which op CON TOR and OWNER respectively are 3 . 01 Intent Article 5 . .. A. The Contract Documents are comple- 2 . 06 Preconstruction Conference mentary; what is called for by one is as binding as if called for by all . to run , but before any Work at the Site is s , a B . It is the intent of the Contract Documents to conference attended by CONTRACT(OpeoERGINEER, describe a functionally complete Project (or part there- and others as appropriate will Meld to establish a of) to be constructed in accordance with the Contract working understanding g the parties as to the Documents . Any labor, documentation , services , Work and to disc a schedules referred to in para- materials , or equipment that may reasonably be graph 2 .05 rocedures for handling Shop Drawings inferred from the Contract Documents or from and er submittals , processing Applications for prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 0016-00700 - General Conditions Page 9 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236.41 st St Contract Docs\0016-00700 - General Conditions.doc arr ■r C . Clarifications and interpretations of the failure to report any such conflict, error, Contract Documents shall be issued by ENGINEER ambiguity, or discrepancy unless CON - as provided in Article 9 . TRACTOR knew or reasonably should have known thereof. 3 .02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents , 1 . Reference to standards , specifics- the provisions of the Contract Documents shall tions , manuals , or codes of any technical take precedence in resolving any conflict, error, society, organization , or association , or to Laws ambiguity, or discrepancy between the .r or Regulations , whether such reference be provisions of the Contract Documents and : specific or by implication , shall mean the stan- dard , specification , manual , code, or Laws or a . the provisions of any standard , Regulations in effect at the time of opening of specification , manual , code , or instruction rr Bids (or on the Effective Date of the Agreement (whether or not specifically incorporated by if there were no Bids) , except as may be reference in the Contract Documents ) ; or otherwise specifically stated in the Contract Documents . b . the provisions of any Laws or i Regulations applicable to the performance 2 . No provision of any such standard , of the Work (unless such an interpretation of specification , manual or code, or any instruction the provisions of the Contract Documents ..r of a Supplier shall be effective to change the would result in violation of such Law or duties or responsibilities of OWNER, Regulation ) . CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract ees from those set forth in the Contract Documents Documents , nor shall any such provision or instruction be effective to assign to OWNER, A. The Contract Documents may be amended to ,r ENGINEER, or any of ENGINEER's provide for additions , deletions , and revisions in the Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in authority to supervise or direct the performance one or more of the following ways : (i) a Written of the Work or any duty or authority to Amendment; (ii ) a Change Order; or (iii ) a Work undertake responsibility inconsistent with the Change Directive . provisions of the Contract Documents . B . The requirements of the Contract Documents 3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and deviations in the Work may be authorized , by one or A. Reporting Discrepancies more of the following ways : (i ) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample ; 1 . If, during .the performance of the or (iii) ENGINEER's written interpretation or clarifi- Work, CONTRACTOR discovers any conflict, cation . error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract 3 .05 Reuse of Documents Documents and any provision of any Law or Regulation applicable to the performance of the A. CONTRACTOR and any Subcontractor or Work or of any standard , specification , manual Supplier or other individual or entity performing or or code , or of any instruction of any Supplier, furnishing any of the Work under a direct or indirect CONTRACTOR shall report it to ENGINEER in contract with OWNER: (i ) shall not have or acquire writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings , proceed with the Work affected thereby (except Specifications , or other documents (or copies of any in an emergency as required by paragraph thereof) prepared by or bearing the seal of 6 . 16 .A) until an amendment or supplement to ENGINEER or ENGINEER's Consultant, including the Contract Documents has been issued by electronic media editions ; and (ii) shall not reuse any one of the methods indicated in paragraph of such Drawings, Specifications , other documents, or 3 .04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any shall not be liable to OWNER or ENGINEER for other project without written consent of OWNER and r 0016-00700 - General Conditions Page 10 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc ENGINEER and specific written verification or Site (except Underground Facilities) that ENGI- '� adaption by ENGINEER . This prohibition will survive NEER has used in preparing the Contract final payment, completion , and acceptance of the Documents . Work, or termination or completion of the Contract. ,.� Nothing herein shall preclude CONTRACTOR from B . Limited Reliance by CONTRACTOR on retaining copies of the Contract Documents for record Technical Data Authorized: CONTRACTOR may rely purposes . upon the general accuracy of the "technical data" contained in such reports and drawings , but such reports and drawings are not Contract Documents . ARTICLE 4 - AVAILABILITY OF LANDS ; Such "technical data" is identified in the Supplementa- SUBSURFACE AND PHYSICAL CONDITIONS ; ry Conditions . Except for such reliance on such REFERENCE POINTS "technical data ," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to : 4 . 01 Availability of Lands 1 . the completeness of such reports A. OWNER shall furnish the Site . OWNER shall and drawings for CONTRACTOR's purposes , notify CONTRACTOR of any encumbrances or including , but not limited to, any aspects of the restrictions not of general application but specifically means , methods, techniques , sequences , and related to use of the Site with which CONTRACTOR procedures of construction to be employed by must comply in performing the Work. OWNER will CONTRACTOR, and safety precautions and obtain in a timely manner and pay for easements for programs incident thereto; or '■ permanent structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are 2 . other data , interpretations , opinions , unable to agree on entitlement to or on the amount or and information contained in such reports or 4W extent, if any, of any adjustment in the Contract Price shown or indicated in such drawings ; or or Contract Times , or both , as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may 3 . any CONTRACTOR interpretation of make a Claim therefor as provided in paragraph or conclusion drawn from any "technical data" +■ 10 .05 , or any such other data, interpretations , opinions , or information . B . Upon reasonable written request, OWNER .. shall furnish CONTRACTOR with a current statement 4 . 03 Differing Subsurface or Physical Conditions of record legal title and legal description of the lands upon which the Work is to be performed and A. Notice: If CONTRACTOR believes that any OWNER's interest therein as necessary for giving subsurface or physical condition at or contiguous to ..� notice of or filing a mechanic's or construction lien the Site that is uncovered or revealed either: against such lands in accordance with applicable Laws and Regulations . 1 . is of such a nature as to establish that any "technical data" on which CONTRAC- "'" C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph lands and access thereto that may be required for 4 . 02 is materially inaccurate ; or temporary construction facilities or storage of .. materials and equipment. 2 . is of such a nature as to require a change in the Contract Documents ; or 4 .02 Subsurface and Physical Conditions 3 . differs materially from that shown or A. Reports and Drawings: The Supplementary indicated in the Contract Documents ; or Conditions identify: 4 . is of an unusual nature, and differs 1 . those reports of explorations and materially from conditions ordinarily tests of subsurface conditions at or contiguous encountered and generally recognized as inher- to the Site that ENGINEER has used in ent in work of the character provided for in the preparing the Contract Documents ; and Contract Documents; 2 . those drawings of physical then CONTRACTOR shall , promptly after becoming conditions in or relating to existing surface or aware thereof and before further disturbing the subsurface structures at or contiguous to the subsurface or physical conditions or performing any 0016-00700 - General Conditions Page 11 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc rrr Work in connection therewith (except in an emergency c. CONTRACTOR failed to give the as required by paragraph 6 . 16 .A), notify OWNER and written notice within the time and as re- ENGINEER in writing about such condition . quired by paragraph 4 .03 .A. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3 . If OWNER and CONTRACTOR are (except as aforesaid ) until receipt of written order to do unable to agree on entitlement to or on the so , amount or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , a B . ENGINEER's Review. After receipt of written Claim may be made therefor as provided in notice as required by paragraph 4 .03 .A, ENGINEER paragraph 10 .05 . However, OWNER, will promptly review the pertinent condition , determine ENGINEER, and ENGINEER's Consultants the necessity of OWNER's obtaining additional shall not be liable to CONTRACTOR for any exploration or tests with respect thereto, and advise claims , costs , losses , or damages (including OWNER in writing (with a copy to CONTRACTOR) of but not limited to all fees and charges of ENGINEER's findings and conclusions , engineers , architects , attorneys , and other professionals and all court or arbitration or other '■" C . Possible Price and Times Adjustments dispute resolution costs) sustained by CONTRACTOR on or in connection with any 1 . The Contract Price or the Contract other project or anticipated project. 1.r Times, or both , will be equitably adjusted to the extent that the existence of such differing 4 . 04 Underground Facilities subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost A. Shown or Indicated. The information and data •+ of, or time required for, performance of the shown or indicated in the Contract Documents with Work ; subject, however, to the following : respect to existing Underground Facilities at or contiguous to the Site is based on information and a . such condition must meet any one or data furnished to OWNER or ENGINEER by the .r more of the categories described in para- owners of such Underground Facilities , including graph 4 . 03 .A; and OWNER, or by others . Unless it is otherwise expressly provided in the Supplementary Conditions : .. b . with respect to Work that is paid for on a Unit Price Basis , any adjustment in 1 . OWNER and ENGINEER shall not Contract Price will be subject to the be responsible for the accuracy or com- provisions of paragraphs 9 .08 and 11 .03 . pleteness of any such information or data; and 2 . CONTRACTOR shall not be entitled 2 . the cost of all of the following will be to any adjustment in the Contract Price or included in the Contract Price , and CONTRAC- .r Contract Times if: TOR shall have full responsibility for: a . CONTRACTOR knew of the a , reviewing and checking all such existence of such conditions at the time information and data , CONTRACTOR made a final commitment to OWNER in respect of Contract Price and b . locating all Underground Facilities Contract Times by the submission of a Bid shown or indicated in the Contract or becoming bound under a negotiated Documents , contract; or c. coordination of the Work with the b . the existence of such condition could owners of such Underground Facilities , reasonably have been discovered or including OWNER, during construction , and revealed as a result of any examination , investigation , exploration , test, or study of d . the safety and protection of all such the Site and contiguous areas required by Underground Facilities and repairing any the Bidding Requirements or Contract damage thereto resulting from the Work. Documents to be conducted by or for CON - TRACTOR prior to CONTRACTOR's B . Not Shown or Indicated making such final commitment; or 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 0016-00700 - General Conditions Page 12 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc ttrrr .rl► Site which was not shown or indicated , or not property monuments by professionally qualified .. shown or indicated with reasonable accuracy in personnel . the Contract Documents , CONTRACTOR shall , promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site r before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6 . 16 .A), identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site, if any, notice to that owner and to OWNER and ENGI- that have been utilized by the ENGINEER in the NEER. ENGINEER will promptly review the preparation of the Contract Documents . .. Underground Facility and determine the extent, if any, to which a change is required in the B . Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized. CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the "technical data" of the Underground Facility. During such time, contained in such reports and drawings , but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents . safety and protection of such Underground Such "technical data" is identified in the Facility. Supplementary Conditions . Except for such reliance on such "technical data ," CONTRACTOR may not rely 2 . If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required , ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to : will be issued to reflect and document such consequences . An equitable adjustment shall 1 . the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR's purposes , Times , or both , to the extent thdt they are including , but not limited to, any aspects of the attributable to the existence or location of any means , methods , techniques , sequences and Underground Facility that was not shown or procedures of construction to be employed by +� indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2 . other data , interpretations , opinions expected to be aware of or to have anticipated . and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings; or agree on entitlement to or on the amount or •+ extent, if any, of any such adjustment in 3 . any CONTRACTOR interpretation of Contract Price or Contract Times , OWNER or or conclusion drawn from any "technical data" CONTRACTOR may make a Claim therefor as or any such other data , interpretations , opinions provided in paragraph 10 .05. or information . 4 . 05 Reference Points C . CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or .. A. OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated establish reference points for construction which in in Drawings or Specifications or identified in the ENGINEER's judgment are necessary to enable Contract Documents to be within the scope of the CONTRACTOR to proceed with the Work . CON- Work . CONTRACTOR shall be responsible for a TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any Work, shall protect and preserve the established materials brought to the Site by CONTRACTOR, reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom r make no changes or relocations without the prior CONTRACTOR is responsible. written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition , replacement or relocation of such reference points or CONTRACTOR shall immediately: (i) secure or „r otherwise isolate such condition ; (ii) stop all Work in 0016-00700 - General Conditions Page 13 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditiions.doc i as connection with such condition and in any area by CONTRACTOR or by anyone for whom affected thereby (except in an emergency as required CONTRACTOR is responsible. Nothing in this para- 1W by paragraph 6 . 16) ; and (iii ) notify OWNER and ENGI - graph 4 .06 . E shall obligate OWNER to indemnify any NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences writing ) . OWNER shall promptly consult with of that individual 's or entity's own negligence . ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and take corrective action , if any. Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners , resume Work in connection with such condition or in employees , agents , other consultants , and any affected area until after OWNER has obtained subcontractors of each and any of them from and any required permits related thereto and delivered to against all claims , costs, losses , and damages CONTRACTOR written notice : (i ) specifying that such (including but not limited to all fees and charges of condition and any affected area is or has been engineers , architects , attorneys , and other rendered safe for the resumption of Work; or (ii) professionals and all court or arbitration or other specifying any special conditions under which such dispute resolution costs) arising out of or relating to a Work may be resumed safely. If OWNER and Hazardous Environmental Condition created by CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom on the amount or extent, if any, of any adjustment in CONTRACTOR is responsible . Nothing in this Contract Price or Contract Times , or both , as a result paragraph 4 .06 . F shall obligate CONTRACTOR to of such Work stoppage or such special conditions indemnify any individual or entity from and against the under which Work is agreed to be resumed by consequences of that individual 's or entity's own negli- •r CONTRACTOR, either party may make a Claim gence . therefor as provided in paragraph 10 .05 . I . The provisions of paragraphs 4 .02 , 4 . 03 , and F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the based on a reasonable belief it is unsafe , or does not Site. agree to resume such Work under such special condi- .r tions , then OWNER may order the portion of the Work that is in the area affected by such condition to be ARTICLE 5 - BONDS AND INSURANCE deleted from the Work. If OWNER and COW TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract 5 .01 Performance, Payment, and Other Bonds Price or Contract Times as a result of deleting such portion of the Work , then either party may make a .., Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at lea* qual OWNER may have such deleted portion of the Work to the Contract Price as security for the 9'61 perfor- performed by OWNER's own forces or others in mance and payment of all TRACTOR's accordance with Article 7 . obligations under the Contrac ocuments . These Bonds shall remain in a at least until one year G . To , the fullest extent permitted by Laws and after the date whe mal payment becomes due, Regulations , OWNER shall indemnify and hold except as provi otherwise by Laws or Regulations ., harmless CONTRACTOR, Subcontractors , ENGI- or by the ract Documents . CONTRACTOR shall NEER, ENGINEER's Consultants and the officers , also r6ish such other Bonds as are required by the directors , partners , employees , agents, other . consultants , and subcontractors of each and any of them from and against all claims , costs , losses, and B . All Bonds shall be in the form prescribed by damages (including but not limited to all fees and the Contract Documents except as provided otherwise charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by professionals and all court or arbitration or other such sureties as are named in the current list of "Com- dispute resolution costs) arising out of or relating to a panies Holding Certificates of Authority as Acceptable Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable such Hazardous Environmental Condition : (i ) was not Reinsuring Companies" as published in Circular 570 shown or indicated in the Drawings or Specifications (amended) by the Financial Management Service , or identified in the Contract Documents to be included Surety Bond Branch , U .S . Department of the within the scope of the Work, and (ii ) was not created Treasury. All Bonds signed by an agent must be .r 0016.00700 - General Conditions Page 14 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r accompanied by a certified copy of such agent's authority to act. 2 . claims for damages because of bodily injury, occupational sickness or disease , C . If the surety on any Bond furnished by CON- or death of CONTRACTOR's employees ; .. TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state 3 . claims for damages because of where any part of the Project is located or it ceases to bodily injury, sickness or disease , or death of meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR's " CONTRACTOR shall within 20 days thereafter employees ; substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 4 , claims for damages insured by 5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability coverage which are sustained : (i) by any person 5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly related to the employment of such person by A. All Bonds and insurance required by the CONTRACTOR, or (ii) by any other person for Contract Documents to be purchased and maintained any other reason ; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5 , claims for damages , other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located , including limits and coverages so required . Such surety and loss of use resulting therefrom ; and +r insurance companies shall also meet such additional requirements and qualifications as may be provided in 6 . claims for damages because of the Supplementary Conditions . bodily injury or death of any person or property damage arising out of the ownership , mainte- 5 . 03 Certificates of Insurance nance or use of any motor vehicle . A. CONTRACTOR shall deliver to OWNER, with B . The policies of insurance so required by this •• copies to each additional insured identified in the paragraph 5 .04 to be purchased and maintained shall : Supplementary Conditions , certificates of insurance (and other evidence of insurance requested by OWN- 1 . with respect to insurance required by ER or any other additional insured) which CON - paragraphs 5 .04 .A.3 through 5 . 04 .A.6 inclusive , TRACTOR is required to purchase and maintain . include as additional insureds (subject to any customary exclusion in respect of professional to each additional insured identified in pple- liability) OWNER, ENGINEER, ENGINEER's .r mentary Conditions , certifi insurance (and Consultants , and any other individuals or other evidence of 4 ce requested by CONTRAC- entities identified in the Supplementary Condi- TOR o er additional insured ) which OWNER tions , all of whom shall be listed as additional insureds , and include coverage for the respec- tive officers , directors , partners , employees , 5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded such liability and other insurance as is appropriate for to these additional insureds shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby; out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations 2 . include at least the specific under the Contract Documents , whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR, any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations , by any of them to perform any of the Work, or by whichever is greater; anyone for whose acts any of them may be liable : 3 . include completed operations 1 . claims under workers' compensation , insurance ; disability benefits , and other similar employee .r benefit acts ; 0016-00700 - General Conditions Page 15 of 44 F.\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc 4 . include contractual liability insurance , covering CONTRACTOR's indemnity individuals or entities identified in t e obligations under paragraphs 6 . 07, 6 . 11 , and Supplementary Conditions , and the offic s , 6 .20; directors , partners , employees , agents , nd other consultants and subcontractors of ach 5. contain a provision or endorsement and any of them , each of whom is dee d to that the coverage afforded will not be canceled , have an insurable interest and shall be li ed as materially changed or renewal refused until at an additional insured ; least thirty days prior written notice has been given to OWNER and CONTRACTOR and to 2 , be written on a Builder's Ris "all-risk" each other additional insured identified in the or open peril or special causes of ss policy Supplementary Conditions to whom a certificate form that shall at least include in rance for I- of insurance has been issued (and the physical loss or damage to the rk , tempo- certificates of insurance furnished by the CON - rary buildings , false work, and aterials and TRACTOR pursuant to paragraph 5 .03 will so equipment in transit, and shall in re against at provide) ; least the following perils or cau s of loss : fire , lightning , extended coverage, eft, vandalism 6 . remain in effect at least until final and malicious mischief, eart uake , collapse, payment and at all times thereafter when CON - debris removal , demolition casioned by en- TRACTOR may be correcting , removing , or forcement of Laws and egulations , water replacing defective Work in accordance with damage , and such other erils or causes of paragraph 13 .07 ; and loss as may be specific Ily required by the Supplementary Condition .r 7 . with respect to completed operations insurance, and any insurance coverage written 3 , include exp ses incurred in the on a claims-made basis , remain in effect for at repair or replacement of any insured property least two years after final payment (and (including but not limi d to fees and charges of M CONTRACTOR shall furnish OWNER and engineers and archit cts) ; each other additional insured identified in the Supplementary Conditions , to whom a 4 , cover aterials and equipment .r certificate of insurance has been issued , stored at the Site r at another location that was evidence satisfactory to OWNER and any such agreed to in wri ' g by OWNER prior to being additional insured of continuation of such incorporated in he Work, provided that such insurance at final payment and one year materials and uipment have been included in thereafter) . an Applicatio for Payment recommended by ENGINEER; 5 . 05 OWNER 's Liability Insurance 5 . ow for partial utilization of the Work byOWNE ; provided by CONTRACTORunderAw re 5 .04 , OWNER, at OWNER's o ay purchase and 6 . include testing and startup ; and maintain at OWN pense OWNER's own liability insuran will protect OWNER against claims 7 . be maintained in effect until final pay- ment is made unless otherwise agreed to in Documents . writi g by OWNER, CONTRACTOR, and EN INEER with 30 days written notice to each 5 . 06 Property Insurance of er additional insured to whom a certificate of i urance has been issued . .■ mentary Conditions , OWNER shall purcha and B . OWNER shall purchase and maintain such maintain property insurance upon the Wo t the Site boiler and machinery insurance or additional property in the amount of the full replace cost thereof insu nce as may be required by the Supplementary (subject to such deductible ounts as may be Co ditions or Laws and Regulations which will include provided in the Supplem ry Conditions or required th interests of OWNER, CONTRACTOR, by Laws and Regula ' s ) . This insurance shall : S bcontractors , ENGINEER, ENGINEER's Consul- .• nts , and any other individuals or entities identified in include the interests of OWNER, he supp mditiene , r 0016-00700 - General Conditions Page 16 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r listed as an insured or additional insured , other consultants and subcontractors of each and y of them for all losses and damages caused by, ari ng C . All the policies of insurance d the certifj- out of or resulting from any of the perils or caus s of .. cates or other evidence thereof) uired to be pur- loss covered by such policies and any other pr erty chased and maintained in ac ance with paragraph insurance applicable to the Work; and , in a dition , 5 .06 will contain a provis ' or endorsement that the waive all such rights against Subcon actors , coverage afforded w' of be canceled or materially ENGINEER, ENGINEER's Consultants , and II other changed or rene refused until at least 30 days prior individuals or entities identified in the Supp mentary written notic as been given to OWNER and CON- Conditions to be listed as insureds or additional TRACT and to each other additional insured to insureds (and the officers , directors partners , ,. wh a certificate of insurance has been issued and employees , agents , and other con Itants and subcontractors of each and any of the under such apai.5.Gz, policies for losses and damages so ca sed . None of the above waivers shall extend to th rights that any D . OWNER shall not be responsible for purchas- party making such waiver may have o the proceeds ing and maintaining any property insurance specified of insurance held by OWNER as tr tee or otherwise in this paragraph 5.06 to protect the interests of payable under any policy so issued . CONTRACTOR, Subcontractors , or others in the Work to the extent of any deductible amounts that are B . OWNER waives a rights against identified in the Supplementary Conditions . The risk CONTRACTOR, Subcontra ors , ENGINEER, of loss within such identified deductible amount will be ENGINEER's Consultants , and the officers , directors , +� borne by CONTRACTOR, Subcontractors , or others partners , employees , agents , and other consultants suffering any such loss , and if any of them wishes and subcontractors of each a d any of them for: property insurance coverage within the limits of such amounts , each may purchase and maintain it at the 1 , loss due t business interruption , loss purchaser's own expense . of use, or other c sequential loss extending beyond direct p sical loss or damage to OWNER's prope or the Work caused by, +� other special insurance be included in the erty arising out of, or esulting from fire or other peril insurance policies provided under p raph 5 .06 , whether or not i sured by OWNER; and OWNER shall , if possible, inc such insurance , and the cost thereof will charged to CONTRAC- 2 . los or damage to the completed Pro- TOR b :1approRriato Change Order or Written ject or part t ereof caused by, arising out of, or Amendme nor to commencement of the Work at resulting fir m fire or other insured peril or the , OWNER shall in writing advise CONTRAC- cause of loss covered by any property r. insuranc maintained on the completed Project or part thereof by OWNER during partial utilizati pursuant to paragraph 14 .05, after 5 . 07 Waiver of Rights Subst tial Completion pursuant to paragraph 14 .04 or after final payment pursuant to par raph 14 . 07 . policies purchased in accordance with paragraph 6 .. will protect OWNER, CONT OR, C . y insurance policy maintained by OWNER Subcontractors, ENGINEER, ENGINEE Consul- coverin any loss , damage or consequential loss tants , and all other individuals or entiti identified in referre to in paragraph 5 . 07 . 6 shall contain the Supplementary Conditions to be ' ted as insureds provis ' ns to the effect that in the event of payment of or additional insureds (and t officers , directors , any uch loss , damage, or consequential loss , the partners , employees, agent and other consultants ins ers will have no rights of recovery against and subcontractors of ea and any of them ) in such C TRACTOR, Subcontractors , ENGINEER, or policies and will pro ' e primary coverage for all E GINEER's Consultants and the officers , directors , losses and damag caused by the perils or causes of rtners , employees , agents , and other consultants loss covered th by. All such policies shall contain provisions to a effect that in the event of payment of " any loss damage the insurers will have no rights of recov against any of the insureds or additional in eds thereunder. OWNER and CONTRACTOR 0016.00700 - General Conditions Page 17 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Condilions.doc r 5 .08 Receipt and Application of Insurance and a Change Order shall be issued to adjust the Proceeds Contract Price accordingly. A. Pay iRselFed- age- MiRdeF the 5 . 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5 .06 will be adjus d Property Insurer .Ir with OWNER and made payable to OWNE as fiduciary for the insureds , as their interest may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any a livable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5 . 08 . OWNER Completion of all the Work as provided in paragraph shall deposit in a separate account a money so 14 .05 , no such use or occupancy shall commence received and shall distribute it in accord ce with such before the insurers providing the property insurance agreement as the parties in interest ay reach . If no pursuant to paragraph 5 .06 have acknowledged notice other special agreement is reac d , the damaged thereof and in writing effected any changes in cover- Work shall be repaired or rept ed , the moneys so age necessitated thereby. The insurers providing the received applied on account ereof, and the Work property insurance shall consent by endorsement on and the cost thereof cov ed by an appropriate the policy or policies , but the property insurance shall Change Order or Written endment. not be canceled or permitted to lapse on account of any such partial use or occupancy. B . OWNER as f uciary shall have power to adjust and settle any ss with the insurers unless one of the parties in int est shall object in writing within 15 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES days after the ccurrence of loss to OWNER's exercise of thi power. If such objection be made, OWNER as duciary shall make settlement with the 6 . 01 Supervision and Superintendence insurers in ccordance with such agreement as the parties i interest may reach . If no such agreement A. CONTRACTOR shall supervise , inspect, and amon a parties in interest is reached , OWNER as direct the Work competently and efficiently, devoting fiduc' ry shall adjust and settle the loss with the such attention thereto and applying such skills and ins ers and , if required in writing by any party in expertise as may be necessary to perform the Work in i erest, OWNER as fiduciary shall give bond for the accordance with the Contract Documents . CON- •r• TRACTOR shall be solely responsible for the means , methods, techniques , sequences , and procedures of 5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific A. If either OWNER or CONTRACTOR has any means , method , technique , sequence , or procedure of objection to the coverage afforded by or other provi- construction which is shown or indicated in and .n sions of the Bonds or insurance required to be expressly required by the Contract Documents . CON- purchased and maintained by the other party in accor- TRACTOR shall be responsible to see that the dance with Article 5 on the basis of non-conformance completed Work complies accurately with the Contract with the Contract Documents , the objecting party shall Documents . so notify the other party in writing within 10 days after receipt of the certificates (or other evidence B . At all times during the progress of the Work, requested ) required by paragraph 2 .05 . C . OWNER CONTRACTOR shall assign a competent resident and CONTRACTOR shall each provide to the other superintendent thereto who shall not be replaced such additional information in respect of insurance without written notice to OWNER and ENGINEER provided as the other may reasonably request. If except under extraordinary circumstances . The either party does not purchase or maintain all of the superintendent will be CONTRACTOR's Bonds and insurance required of such party by the representative at the Site and shall have authority to Contract Documents , such party shall notify the other act on behalf of CONTRACTOR. All communications party in writing of such failure to purchase prior to the given to or received from the superintendent shall be start of the Work, or of such failure to maintain prior to binding on CONTRACTOR. any change in the required coverage . Without prejudice to any other right or remedy, the other party 6 . 02 Labor, Working Hours may elect to obtain equivalent Bonds or insurance to " protect such other party's interests at the expense of A. CONTRACTOR shall provide competent, the party who was required to provide such coverage, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 0016-00700 - General Conditions Page 18 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc ments . CONTRACTOR shall at all times maintain ly will comply with any provisions of the General r good discipline and order at the Site . Requirements applicable thereto . B . Except as otherwise required for the safety or 2 . Proposed adjustments in the I•• protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto, and except as otherwise Times (or Milestones ) shall be submitted in stated in the Contract Documents, all Work at the Site accordance with the requirements of Article 12 . shall be performed during regular working hours, and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday, Sunday, or any dance with Article 12 . legal holiday without OWNER's written consent (which �. will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and "Or-Equals" written notice to ENGINEER. A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6 .03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A. Unless otherwise specified in the General Re- intended to establish the type, function , appearance , quirements , CONTRACTOR shall provide and and quality required . Unless the specification or assume full responsibility for all services , materials , description contains or is followed by words reading equipment, labor, transportation , construction that no like, equivalent, or "or-equal" item or no equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or power, light, heat, telephone , water, sanitary facilities , equipment or material or equipment of other Suppliers temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance, testing , circumstances described below. start-up, and completion of the Work . 1 . "Or-Equal" Items: If in ENGINEER's B . All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified , shall proposed by CONTRACTOR is functionally .r be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents . All warranties that no change in related Work will be required , and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER. If "or-equal" item , in which case review and required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in satisfactory evidence (including reports of required ENGINEER's sole discretion , be accomplished tests) as to the source , kind , and quality of materials without compliance with some or all of the •+ and equipment. All materials and equipment shall be requirements for approval of proposed substi- stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph protected , used , cleaned , and conditioned in 6 .05.A. 1 , a proposed item of material or accordance with instructions of the applicable equipment will be considered functionally equal Supplier, except as otherwise may be provided in the to an item so named if: Contract Documents , a . in the exercise of reasonable r 6 . 04 Progress Schedule judgment ENGINEER determines that: (i ) it is at least equal in quality, durability, A. CONTRACTOR shall adhere to the progress appearance, strength , and design schedule established in accordance with paragraph characteristics; (ii) it will reliably perform at 2 .07 as it may be adjusted from time to time as least equally well the function imposed by provided below. the design concept of the completed Project as a functioning whole , and ; , ,. 1 . CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- b . CONTRACTOR certifies that: (i ) cated in paragraph 2 .07 ) proposed adjustments there is no increase in cost to the OWNER; in the progress schedule that will not result in and (ii ) it will conform substantially, even changing the Contract Times (or Milestones) . with deviations , to the detailed requirements Such adjustments will conform generally to the of the item named in the Contract progress schedule then in effect and additional- Documents . 0016-00700 - General Conditions Page 19 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r 2 . Substitute Items directly or indirectly from use of such substitute item , including costs of redesign a . If in ENGINEER's sole discretion an and claims of other contractors affected by item of material or equipment proposed by any resulting change , all of which will be CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the "or-equal" item under paragraph 6 . 05 .A. 1 , it proposed substitute item . ENGINEER may will be considered a proposed substitute require CONTRACTOR to furnish additional item . data about the proposed substitute item . r b . CONTRACTOR shall submit suffi- B . Substitute Construction Methods or Proce- cient information as provided below to allow dures: If a specific means , method , technique, se- ENGINEER to determine that the item of quence , or procedure of construction is shown or material or equipment proposed is indicated in and expressly required by the Contract essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a acceptable substitute therefor. Requests for substitute means , method , technique, sequence, or review of proposed substitute items of procedure of construction approved by ENGINEER. material or equipment will not be accepted CONTRACTOR shall submit sufficient information to by ENGINEER from anyone other than allow ENGINEER, in ENGINEER's sole discretion , to CONTRACTOR. determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents . c. The procedure for review by ENGI- The procedure for review by ENGINEER will be similar NEER will be as set forth in paragraph to that provided in subparagraph 6 .05 .A.2 . 6 .05 .A.2 .d , as supplemented in the General rr Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be decide is appropriate under the allowed a reasonable time within which to evaluate circumstances . each proposal or submittal made pursuant to para- graphs 6 . 05 .A and 6 .05 . 6 . ENGINEER will be the d . CONTRACTOR shall first make sole judge of acceptability. No "or-equal" or substitute written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER's of a proposed substitute item of material or review is complete , which will be evidenced by either a equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop furnish or use . The application shall certify Drawing for an "or equal " ENGINEER will advise that the proposed substitute item will CONTRACTOR in writing of any negative perform adequately the functions and determination , rr achieve the results called for by the general design , be similar in substance to that D . Special Guarantee: OWNER may require specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR's ex- that specified . The application will state the pense a special performance guarantee or other extent, if any, to which the use of the pro- surety with respect to any substitute . posed substitute item will prejudice CONTRACTOR's achievement of Substan- E . ENGINEER's Cost Reimbursement: tial Completion on time, whether or not use ENGINEER will record time required by ENGINEER of the proposed substitute item in the Work and ENGINEER's Consultants in evaluating substitute will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to Documents (or in the provisions of any other paragraphs 6 .05.A.2 and 6 .05 . 13 and in making direct contract with OWNER for work on the changes in the Contract Documents (or in the Project) to adapt the design to the proposed provisions of any other direct contract with OWNER substitute item and whether or not for work on the Project) occasioned thereby. Whether incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro- tute item in connection with the Work is sub- posed or submitted by CONTRACTOR, CON - ject to payment of any license fee or royalty. TRACTOR shall reimburse OWNER for the charges All variations of the proposed substitute of ENGINEER and ENGINEER's Consultants for item from that specified will be identified in evaluating each such proposed substitute. the application , and available engineering , sales , maintenance , repair, and F . CONTRACTOR's Expense: CONTRACTOR • replacement services will be indicated . The shall provide all data in support of any proposed application will also contain an itemized esti- substitute or ` or-equal" at CONTRACTOR's expense . mate of all costs or credits that will result 0016-00700 - General Conditions Page 20 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc .r 6 .06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities .r and Others performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. A. CONTRACTOR shall not employ any +• Subcontractor, Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac- (including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities paragraph 6 .06 . 13) , whether initially or as a performing or furnishing any of the Work to commu- replacement, against whom OWNER may have nicate with ENGINEER through CONTRACTOR. ■. reasonable objection . CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica- other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall not .. the Work against whom CONTRACTOR has reason- control CONTRACTOR in dividing the Work among able objection . Subcontractors or Suppliers or delineating the Work to be performed by any specific trade . B . If the Supplementary Conditions require the ` identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms accordance with the Supplementary Conditions , and conditions of the Contract Documents for the OWNER's acceptance (either in writing or by failing to benefit of OWNER and ENGINEER. Whenever any make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property or the Contract Documents) of any such Subcon- insurance provided in paragraph 5 . 06 , the agreement tractor, Supplier, or other individual or entity so between the CONTRACTOR and the Subcontractor identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against shall submit an acceptable replacement for the OWNER, CONTRACTOR, ENGINEER, ENGINEER's r rejected Subcontractor, Supplier, or other individual or Consultants , and all other individuals or entities entity, and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed difference in the cost occasioned by such as insureds or additional insureds (and the officers , r replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of by OWNER of any such Subcontractor, Supplier, or them ) for all losses and damages caused by, arising other individual or entity, whether initially or as a out of, relating to , or resulting from any of the perils or nlr replacement, shall constitute a waiver of any right of causes of loss covered by such policies and any other OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work . If the insurers on any such policies require separate waiver C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier, ` OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same . the Subcontractors , Suppliers, and other individuals or entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties .. as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions . Nothing in A. CONTRACTOR shall pay all license fees and the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use in any such Subcontractor, Supplier, or other individual the performance of the Work or the incorporation in or entity any contractual relationship between OWNER the Work of any invention , design , process , product, or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights or or other individual or entity, nor shall it create any copyrights held by others . If a particular invention , ,,. obligation on the part of OWNER or ENGINEER to design , process, product, or device is specified in the pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the such Subcontractor, Supplier, or other individual or Work and if to the actual knowledge of OWNER or entity except as may otherwise be required by Laws ENGINEER its use is subject to patent rights or and Regulations . copyrights calling for the payment of any license fee or royalty to others , the existence of such rights shall be D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To for scheduling and coordinating the Work of Subcon- the fullest extent permitted by Laws and Regulations , 0016-00700 - General Conditions Page 21 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc err CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an OWNER, ENGINEER, ENGINEER's Consultants , and effect on the cost or time of performance of the Work the officers, directors , partners , employees or agents , may be the subject of an adjustment in Contract Price and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR and against all claims , costs , losses , and damages are unable to agree on entitlement to or on the ( including but not limited to all fees and charges of amount or extent, if any, of any such adjustment, a engineers , architects , attorneys, and other Claim may be made therefor as provided in paragraph professionals and all court or arbitration or other 10 .05 . dispute resolution costs ) arising out of or relating to any infringement of patent rights or copyrights incident 6 . 10 Taxes to the use in the performance of the Work or resulting from the incorporation in the Work of any invention , design , process , product, or device not specified in the ICONTRACTOR use, and other similar taxes r e paid by Contract Documents . in nce with the Laws and u the place of the Project which are 6 . 08 Permits A. Unless otherwise provided in the Supple- 6 . 11 Use of Site and Other Areas mentary Conditions , CONTRACTOR shall obtain and pay for all construction permits and licenses . OWNER A. Limitation on Use of Site and Other Areas shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses . CONTRACTOR 1 . CONTRACTOR shall confine shall pay all governmental charges and inspection construction equipment, the storage of •• fees necessary for the prosecution of the Work which materials and equipment, and the operations of are applicable at the time of opening of Bids , or, if workers to the Site and other areas permitted there are no Bids , on the Effective Date of the by Laws and Regulations , and shall not Agreement. CONTRACTOR shall pay all charges of unreasonably encumber the Site and other utility owners for connections to the Work, and areas with construction equipment or other OWNER shall pay all charges of such utility owners materials or equipment. CONTRACTOR shall for capital costs related thereto , such as plant assume full responsibility for any damage to r. investment fees . any such land or area, or to the owner or occupant thereof, or of any adjacent land or 6 . 09 Laws and Regulations areas resulting from the performance of the Work . A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the 2 . Should any claim be made by any performance of the Work . Except where otherwise such owner or occupant because of the w expressly required by applicable Laws and performance of the Work , CONTRACTOR shall Regulations , neither OWNER nor ENGINEER shall be promptly settle with such other party by responsible for monitoring CONTRACTOR's compli- negotiation or otherwise resolve the claim by ance with any Laws or Regulations . arbitration or other dispute resolution proceeding or at law. B . If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws 3 . To the fullest extent permitted by or Regulations , CONTRACTOR shall bear all claims , Laws and Regulations , CONTRACTOR shall costs , losses , and damages ( including but not limited indemnify and hold harmless OWNER, to all fees and charges of engineers , architects , ENGINEER, ENGINEER's Consultant, and the attorneys , and other professionals and all court or officers , directors , partners , employees , agents , ' arbitration or other dispute resolution costs) arising out and other consultants of each and any of them of or relating to such Work; however, it shall not be from and against all claims , costs , losses , and CONTRACTOR's primary responsibility to make damages (including but not limited to all fees certain that the Specifications and Drawings are in and charges of engineers , architects , attorneys , accordance with Laws and Regulations, but this shall and other professionals and all court or not relieve CONTRACTOR of CONTRACTOR's arbitration or other dispute resolution costs) obligations under paragraph 3 .03 . arising out of or relating to any claim or action , +I• legal or equitable , brought by any such owner C . Changes in Laws or Regulations not known at or occupant against OWNER, ENGINEER, or the time of opening of Bids (or, on the Effective Date any other party indemnified hereunder to the .r 0016-00700 - General Conditions Page 22 of 44 FAEngineering\Capital Projects\0016 i£ 0236- 41 st Street Improvements\0016 8 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc 4W extent caused by or based upon `� CONTRACTOR's performance of the Work . 3 , other property at the Site or adjacent thereto, including trees , shrubs , lawns , walks , B . Removal of Debris During Performance of the pavements , roadways , structures , utilities , and +. Work: During the progress of the Work CONTRAC- Underground Facilities not designated for TOR shall keep the Site and other areas free from removal , relocation , or replacement in the accumulations of waste materials , rubbish , and other course of construction . debris . Removal and disposal of such waste materi- als , rubbish , and other debris shall conform to applica- B . CONTRACTOR shall comply with all applica- ble Laws and Regulations . ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or .. C . Cleaning: Prior to Substantial Completion of property from damage, injury, or loss; and shall erect the Work CONTRACTOR shall clean the Site and and maintain all necessary safeguards for such safety make it ready for utilization by OWNER. At the com - and protection . CONTRACTOR shall notify owners of pletion of the Work CONTRACTOR shall remove from adjacent property and of Underground Facilities and the Site all tools , appliances , construction equipment other utility owners when prosecution of the Work may and machinery, and surplus materials and shall affect them , and shall cooperate with them in the restore to original condition all property not designated protection , removal , relocation , and replacement of for alteration by the Contract Documents . their property. All damage , injury, or loss to any property referred to in paragraph 6 . 13 .A.2 or 6 . 13 .A.3 D. Loading Structures: CONTRACTOR shall not caused , directly or indirectly, in whole or in part, by load nor permit any part of any structure to be loaded CONTRACTOR, any Subcontractor, Supplier, or any in any manner that will endanger the structure, nor other individual or entity directly or indirectly employed shall CONTRACTOR subject any part of the Work or by any of them to perform any of the Work, or anyone adjacent property to stresses or pressures that will for whose acts any of them may be liable, shall be endanger it. remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications 6 . 12 Record Documents or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by �r A. CONTRACTOR shall maintain in a safe place any of them , or anyone for whose acts any of them at the Site one record copy of all Drawings , Specifica- may be liable, and not attributable, directly or tions , Addenda , Written Amendments , Change indirectly, in whole or in part, to the fault or negligence .r Orders , Work Change Directives , Field Orders , and of CONTRACTOR or any Subcontractor, Supplier, or written interpretations and clarifications in good order other individual or entity directly or indirectly employed and annotated to show changes made during by any of them ) . CONTRACTOR's duties and construction . These record documents together with responsibilities for safety and for protection of the wr all approved Samples and a counterpart of all Work shall continue until such time as all the Work is approved Shop Drawings will be available to ENGI- completed and ENGINEER has issued a notice to NEER for reference . Upon completion of the Work, OWNER and CONTRACTOR in accordance with these record documents , Samples , and Shop paragraph 14 . 07 . 13 that the Work is acceptable .. Drawings will be delivered to ENGINEER for OWNER. (except as otherwise expressly provided in connection with Substantial Completion ) . 6 . 13 Safety and Protection ,., 6 . 14 Safety Representative A. CONTRACTOR shall be solely responsible for initiating , maintaining and supervising all safety A. CONTRACTOR shall designate a qualified precautions and programs in connection with the and experienced safety representative at the Site Work. CONTRACTOR shall take all necessary whose duties and responsibilities shall be the precautions for the safety of, and shall provide the prevention of accidents and the maintaining and necessary protection to prevent damage, injury or loss supervising of safety precautions and programs . .■ to : 6 . 15 Hazard Communication Programs 1 . all persons on the Site or who may be affected by the Work ; A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data 2 . all the Work and materials and equip- sheets or other hazard communication information ment to be incorporated therein , whether in required to be made available to or exchanged be- storage on or off the Site ; and 0016-00700 - General Conditions Page 23 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc rlll tween or among employers at the Site in accordance D . Submittal Procedures with Laws or Regulations . 1 . Before submitting each Shop 6 . 16 Emergencies Drawing or Sample, CONTRACTOR shall have determined and verified : r A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or a . all field measurements , quantities , adjacent thereto , CONTRACTOR is obligated to act to dimensions , specified performance criteria , prevent threatened damage, injury, or loss . installation requirements , materials , catalog CONTRACTOR shall give ENGINEER prompt written numbers , and similar information with notice if CONTRACTOR believes that any significant respect thereto ; changes in the Work or variations from the Contract Documents have been caused thereby or are required b . all materials with respect to intended as a result thereof. If ENGINEER determines that a use, fabrication , shipping , handling , storage, change in the Contract Documents is required be- assembly, and installation pertaining to the cause of the action taken by CONTRACTOR in performance of the Work; response to such an emergency, a Work Change Directive or Change Order will be issued . c. all information relative to means , methods , techniques , sequences , and 6 . 17 Shop Drawings and Samples procedures of construction and safety precautions and programs incident thereto ; A. CONTRACTOR shall submit Shop Drawings and to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and d . CONTRACTOR shall also have Sample submittals . All submittals will be identified as reviewed and coordinated each Shop ENGINEER may require and in the number of copies Drawing or Sample with other Shop specified in the General Requirements . The data Drawings and Samples and with the shown on the Shop Drawings will be complete with requirements of the Work and the Contract respect to quantities, dimensions , specified perfor- Documents . mance and design criteria , materials, and similar data .r to show ENGINEER the services , materials , and 2 . Each submittal shall bear a stamp or equipment CONTRACTOR proposes to provide and specific written indication that CONTRACTOR to enable ENGINEER to review the information for the has satisfied CONTRACTOR's obligations limited purposes required by paragraph 6 . 17 . E . under the Contract Documents with respect to CONTRACTOR's review and approval of that B . CONTRACTOR shall also submit Samples to submittal . ENGINEER for review and approval in accordance .r with the acceptable schedule of Shop Drawings and 3 . At the time of each submittal , CON - Sample submittals . Each Sample will be identified TRACTOR shall give ENGINEER specific clearly as to material , Supplier, pertinent data such as written notice of such variations , if any, that the catalog numbers , and the use for which intended and Shop Drawing or Sample submitted may have otherwise as ENGINEER may require to enable ENGI- from the requirements of the Contract NEER to review the submittal for the limited purposes Documents , such notice to be in a written com- required by paragraph 6 . 17 . E . The numbers of each munication separate from the submittal ; and , in Sample to be submitted will be as specified in the addition , shall cause a specific notation to be Specifications , made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of C . Where a Shop Drawing or Sample is required each such variation . by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- E . ENGINEER's Review NEER as required by paragraph 2 .07 , any related Work performed prior to ENGINEER's review and 1 . ENGINEER will timely review and approval of the pertinent submittal will be at the sole approve Shop Drawings and Samples in expense and responsibility of CONTRACTOR. accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will , after installation 0016-00700 - General Conditions Page 24 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r A. M or incorporation in the Work, conform to the 6 . 19 CONTRACTOR 's General Warranty and information given in the Contract Documents Guarantee and be compatible with the design concept of the completed Project as a functioning whole as A. CONTRACTOR warrants and guarantees to •• indicated by the Contract Documents . OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract 2 . ENGINEER's review and approval Documents and will not be defective . will not extend to means , methods , techniques , CONTRACTOR's warranty and guarantee hereunder sequences , or procedures of construction excludes defects or damage caused by: (except where a particular means , method , technique, sequence, or procedure of con- 1 . abuse , modification , or improper .. struction is specifically and expressly called for maintenance or operation by persons other by the Contract Documents ) or to safety than CONTRACTOR, Subcontractors , precautions or programs incident thereto . The Suppliers , or any other individual or entity for review and approval of a separate item as such whom CONTRACTOR is responsible ; or will not indicate approval of the assembly in which the item functions . 2 , normal wear and tear under normal usage . ,,. 3 . ENGINEER's review and approval of Shop Drawings or Samples shall not relieve B . CONTRACTOR's obligation to perform and CONTRACTOR from responsibility for any complete the Work in accordance with the Contract variation from the requirements of the Contract Documents shall be absolute . None of the following Documents unless CONTRACTOR has in will constitute an acceptance of Work that is not in writing called ENGINEER's attention to each accordance with the Contract Documents or a release such variation at the time of each submittal as of CONTRACTOR's obligation to perform the Work in required by paragraph 6 . 17 . D .3 and ENGI- accordance with the Contract Documents : NEER has given written approval of each such variation by specific written notation thereof 1 . observations by ENGINEER; incorporated in or accompanying the Shop • Drawing or Sample approval ; nor will any 2 . recommendation by ENGINEER or approval by ENGINEER relieve CON- payment by OWNER of any progress or final TRACTOR from responsibility for complying payment; with the requirements of paragraph 6 . 17 . D . 1 . 3 . the issuance of a certificate of Sub- F . Resubmittal Procedures stantial Completion by ENGINEER or any payment related thereto by OWNER; +• 1 . CONTRACTOR shall make correc- tions required by ENGINEER and shall return 4 . use or occupancy of the Work or any the required number of corrected copies of part thereof by OWNER; Shop Drawings and submit as required new Samples for review and approval . CON- 5 . any acceptance by OWNER or any TRACTOR shall direct specific attention in failure to do so; writing to revisions other than the corrections .. called for by ENGINEER on previous 6 , any review and approval of a Shop submittals . Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 6 . 18 Continuing the Work " 7 . any inspection , test, or approval by A. CONTRACTOR shall carry on the Work and others ; or adhere to the progress schedule during all disputes or rl. disagreements with OWNER . No Work shall be 8 . any correction of defective Work by delayed or postponed pending resolution of any OWNER. disputes or disagreements , except as permitted by paragraph 15 .04 or as OWNER and CONTRACTOR 6 .20 Indemnification may otherwise agree in writing . A. To the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 0016-00700 - General Conditions Page 25 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc VIII Consultants , and the officers , directors , partners , opinions , reports , surveys , Change Orders , employees , agents , and other consultants and designs , or Specifications ; or subcontractors of each and any of them from and against all claims , costs , losses , and damages 2 . giving directions or instructions , or (including but not limited to all fees and charges of failing to give them , if that is the primary cause irr engineers , architects , attorneys , and other of the injury or damage . professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work , provided that any such ARTICLE 7 - OTHER WORK claim , cost, loss , or damage : 1 . is attributable to bodily injury, 7 . 01 Related Work at Site sickness , disease , or death , or to injury to or destruction of tangible property (other than the A. OWNER may perform other work related to Work itself), including the loss of use resulting the Project at the Site by OWNER's employees , or let therefrom ; and other direct contracts therefor, or have other work performed by utility owners . If such other work is not 2 . is caused in whole or in part by any noted in the Contract Documents , then : negligent act or omission of CONTRACTOR, .r any Subcontractor, any Supplier, or any 1 . written notice thereof will be given to individual or entity directly or indirectly CONTRACTOR prior to starting any such other employed by any of them to perform any of the work; and Work or anyone for whose acts any of them �+ may be liable, regardless of whether or not 2 . if OWNER and CONTRACTOR are caused in part by any negligence or omission of unable to agree on entitlement to or on the an individual or entity indemnified hereunder or amount or extent, if any, of any adjustment in �r whether liability is imposed upon such indemni- the Contract Price or Contract Times that fied party by Laws and Regulations regardless should be allowed as a result of such other of the negligence of any such individual or work, a Claim may be made therefor as entity. provided in paragraph 10 .05 . .. B . In any and all claims against OWNER or B . CONTRACTOR shall afford each other ENGINEER or any of their respective consultants , contractor who is a party to such a direct contract and agents , officers , directors , partners , or employees by each utility owner (and OWNER, if OWNER is per- any employee (or the survivor or personal forming the other work with OWNER's employees ) representative of such employee) of CONTRACTOR, proper and safe access to the Site and a reasonable any Subcontractor, any Supplier, or any individual or opportunity for the introduction and storage of ., entity directly or indirectly employed by any of them to materials and equipment and the execution of such perform any of the Work, or anyone for whose acts other work and shall properly coordinate the Work with any of them may be liable, the indemnification theirs . Unless otherwise provided in the Contract obligation under paragraph 6 .20 .A shall not be limited Documents , CONTRACTOR shall do all cutting , in any way by any limitation on the amount or type of fitting , and patching of the Work that may be required damages , compensation , or benefits payable by or for to properly connect or otherwise make its several CONTRACTOR or any such Subcontractor, Supplier, parts come together and properly integrate with such or other individual or entity under workers' compen- other work . CONTRACTOR shall not endanger any sation acts , disability benefit acts , or other employee work of others by cutting , excavating , or otherwise benefit acts . altering their work and will only cut or alter their work with the written consent of ENGINEER and the others C . The indemnification obligations of CON- whose work will be affected . The duties and TRACTOR under paragraph 6 . 20 .A shall not extend to responsibilities of CONTRACTOR under this the liability of ENGINEER and ENGINEER's paragraph are for the benefit of such utility owners and Consultants or to the officers , directors , partners , other contractors to the extent that there are employees , agents , and other consultants and comparable provisions for the benefit of subcontractors of each and any of them arising out of: CONTRACTOR in said direct contracts between OWNER and such utility owners and other .r 1 . the preparation or approval of, or the contractors . failure to prepare or approve , maps , Drawings , 0016-00700 - General Conditions Page 26 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236.41 st St Contract Docs\0016-00700 - General Conditions.doc rr C . If the proper execution or results of any part of 8 . 03 Furnish Data CONTRACTOR's Work depends upon work per- formed by others under this Article 7 , CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents . +r. ENGINEER in writing any delays , defects , or deficien- cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to A. OWNER shall make payments to CONTRAC- `�` so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 .07 . C . CONTRACTOR's Work except for latent defects and .. deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests 7 . 02 Coordination A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to 4W A. If OWNER intends to contract with others for establish reference points are set forth in paragraphs the performance of other work on the Project at the 4 .01 and 4 .05 . Paragraph 4 . 02 refers to OWNER's Site, the following will be set forth in Supplementary identifying and making available to CONTRACTOR Conditions : copies of reports of explorations and tests of subsurface conditions and drawings of physical 1 . the individual or entity who will have conditions in or relating to existing surface or authority and responsibility for coordination of subsurface structures at or contiguous to the Site that " the activities among the various contractors will have been utilized by ENGINEER in preparing the be identified ; Contract Documents . 2 , the specific matters to be covered by 8 . 06 Insurance such authority and responsibility will be itemized ; and A. OWNER's responsibilities , if any, in respect to purchasing and maintaining liability and property insur- �. 3 . the extent of such authority and ance are set forth in Article 5 . responsibilities will be provided . 8 . 07 Change Orders r. B . Unless otherwise provided in the Supplementary Conditions , OWNER shall have sole A. OWNER is obligated to execute Change authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 . r 8 . 08 Inspections, Tests, and Approvals ARTICLE 8 - OWNER'S RESPONSIBILITIES A. OWNER's responsibility in respect to certain inspections , tests , and approvals is set forth in 8 . 01 Communications to Contractor paragraph 13 .03 . 13 . A. Except as otherwise provided in these 8 . 09 Limitations on OWNER's Responsibilities �. General Conditions , OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. A. The OWNER shall not supervise , direct, or have control or authority over, nor be responsible for, 8 .02 Replacement of ENGINEER CONTRACTOR's means , methods , techniques , se- quences , or procedures of construction , or the safety A. In case of termination of the employment of precautions and programs incident thereto , or for any ENGINEER, OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and ,,. whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the objection , whose status under the Contract Work . OWNER will not be responsible for Documents shall be that of the former ENGINEER. CONTRACTOR's failure to perform the Work in accordance with the Contract Documents . r 0016-00700 - General Conditions Page 27 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc i 8 . 10 Undisclosed Hazardous Environmental of ENGINEER's visits or observations of Condition CONTRACTOR's Work ENGINEER will not supervise , direct, control , or have authority over or be A. OWNER's responsibility in respect to an responsible for CONTRACTOR's means , methods , undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction , set forth in paragraph 4 .06 . or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply 8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the performance of the Work . A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 9 .03 Project Representative financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents , A. If OWNER and ENGINEER agree, ENGI - OWNER's responsibility in respect thereof will be as NEER will furnish a Resident Project Representative set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident ARTICLE 9 - ENGINEER'S STATUS DURING Project Representative and assistants will be as CONSTRUCTION provided in paragraph 9 . 10 and in the Supplementary .r Conditions . If OWNER designates another represen- tative or agent to represent OWNER at the Site who is 9 .01 OWNER 'S Representative not ENGINEER's Consultant, agent or employee , the responsibilities and authority and limitations thereon of .Ir A. ENGINEER will be OWNER's representative such other individual or entity will be as provided in the during the construction period . The duties and Supplementary Conditions . responsibilities and the limitations of authority of ENGINEER as OWNER's representative during 9 . 04 Clarifications and Interpretations it construction are set forth in the Contract Documents and will not be changed without written consent of A. ENGINEER will issue with reasonable OWNER and ENGINEER. promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9 . 02 Visits to Site as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR. If OWNER and CON - observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on professional the progress that has been made and the the amount or extent, if any, of any adjustment in the quality of the various aspects of CONTRACTOR's Contract Price or Contract Times , or both , that should executed Work . Based on information obtained be allowed as a result of a written clarification or during such visits and observations , ENGINEER, for interpretation , a Claim may be made therefor as the benefit of OWNER, will determine , in general , if provided in paragraph 10 .05. the Work is proceeding in accordance with the Con- tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work . A. ENGINEER may authorize minor variations in ENGINEER's efforts will be directed toward providing the Work from the requirements of the Contract for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati- Documents . On the basis of such visits and ble with the design concept of the completed Project observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field OWNER against defective Work . Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved B . ENGINEER's visits and observations are promptly. If OWNER and CONTRACTOR are unable subject to all the limitations on ENGINEER's authority to agree on entitlement to or on the amount or extent, and responsibility set forth in paragraph 9 . 10 , and if any, of any adjustment in the Contract Price or particularly, but without limitation , during or as a result Contract Times , or both , as a result of a Field Order , .r 0016-00700 - General Conditions Page 28 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 .05 , r paragraph 10 . 05 . with a request for a formal decision . 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge .. under this paragraph 9 .09 , ENGINEER will not show A. ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not or reject Work which ENGINEER believes to be be liable in connection with any interpretation or defective, or that ENGINEER believes will not produce decision rendered in good faith in such capacity. The a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim , design concept of the completed Project as a dispute, or other matter (except any which have been .. functioning whole as indicated by the Contract waived by the making or acceptance of final payment Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07) will be a condition require special inspection or testing of the Work as precedent to any exercise by OWNER or provided in paragraph 13 .04 , whether or not the Work CONTRACTOR of such rights or remedies as either 1W is fabricated , installed , or completed . may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim , 9 . 07 Shop Drawings, Change Orders and dispute , or other matter. Payments 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER's authority as Responsibilities to Shop Drawings and Samples , see paragraph 6 . 17 . r A. Neither ENGINEER's authority or respon - B . In connection with ENGINEER's authority as sibility under this Article 9 or under any other provision to Change Orders , see Articles 101 11 , and 12 . of the Contract Documents nor any decision made by .. ENGINEER in good faith either to exercise or not C . In connection with ENGINEER's authority as exercise such authority or responsibility or the to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority or responsibility by ENGINEER shall create, impose, +� 9 .08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity, or ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them . by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary B . ENGINEER will not supervise , direct, control , determinations on such matters before rendering a or have authority over or be responsible for •. written decision thereon (by recommendation of an CONTRACTOR's means , methods , techniques , se- Application for Payment or otherwise) . ENGINEER's quences , or procedures of construction , or the safety written decision thereon will be final and binding precautions and programs incident thereto , or for any (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and factual conditions or more accurate data) upon Regulations applicable to the performance of the OWNER and CONTRACTOR, subject to the Work. ENGINEER will not be responsible for provisions of paragraph 10 . 05 . CONTRACTOR's failure to perform the Work in ,. accordance with the Contract Documents . 9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work C . ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any " A. ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual requirements of the Contract Documents and judge of or entity performing any of the Work . the acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability D . ENGINEER's review of the final Application of the Work, the quantities and classifications of Unit for Payment and accompanying documentation and all Price Work, the interpretation of the requirements of maintenance and operating instructions , schedules , the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests performance of the Work, and Claims seeking and approvals , and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 .A will only be to be referred initially to ENGINEER in writing , in determine generally that their content complies with .. the requirements of, and in the case of certificates of 0016.00700 - General Conditions Page 29 of 44 F.\Engineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc 11fa1 inspections , tests , and approvals that the results 2 . changes in the Contract Price or certified indicate compliance with , the Contract Contract Times which are agreed to by the 'r'I Documents . parties , including any undisputed sum or amount of time for Work actually performed in E . The limitations upon authority and responsibil- accordance with a Work Change Directive; and ity set forth in this paragraph 9 . 10 shall also apply to ENGINEER's Consultants , Resident Project Repre- 3 . changes in the Contract Price or sentative , and assistants . Contract Times which embody the substance of any written decision rendered by ENGINEER ARTICLE 10 - CHANGES IN THE WORK; CLAIMS pursuant to paragraph 10 . 05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in 10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract Documents and applicable Laws and Regula- A. Without invalidating the Agreement and tions , but during any such appeal , without notice to any surety, OWNER may, at any time CONTRACTOR shall carry on the Work and or from time to time, order additions , deletions , or adhere to the progress schedule as provided in revisions in the Work by a Written Amendment, a paragraph 6 . 18 .A. Change Order, or a Work Change Directive . Upon .r receipt of any such document, CONTRACTOR shall 10 . 04 Notification to Surety promptly proceed with the Work involved which will be performed under the applicable conditions of the A. If notice of any change affecting the general Contract Documents (except as otherwise specifically scope of the Work or the provisions of the Contract •• provided). Documents (including , but not limited to , Contract Price or Contract Times) is required by the provisions B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety, the giving of any agree on entitlement to, or on the amount or extent, if such notice will be CONTRACTOR's responsibility. .rr any, of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted Times , or both , that should be allowed as a result of a to reflect the effect of any such change . Work Change Directive, a Claim may be made therefor as provided in paragraph 10 .05 . 10 . 02 Unauthorized Changes in the Work .Ir A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed nr that is not required by the Contract Documents as amended , modified , or supplemented as provided in paragraph 3 .04, except in the case of an emergency as provided in paragraph 6 . 16 or in the case of uncovering Work as provided in paragraph 13 .04 . B . 10 . 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering : 1 . changes in the Work which are : (i) ordered by OWNER pursuant to paragraph 10 .01 .A, (ii) required because of acceptance of defective Work under paragraph 13 .08 .A or OWNER's correction of defective Work under paragraph 13 .09 , or (iii ) agreed to by the parties ; r 0016-00700 - General Conditions Page 30 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc r 10 . 05 Claims and Disputes WIN C . If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute , or other matter shall be 10 .05 . B , a decision denying the Claim in its entirety +.• delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto . Notice of the amount or extent of the Claim , .r dispute, or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . .. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim , dispute, or other matter). A Claim for ARTICLE 11 - COST OF THE WORK; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK " accordance with the provisions of paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of 11 .01 Cost of the Work ,,111 paragraph 12 .02 . 13 . Each Claim shall be accom- panied by claimant's written statement that the adjust- A. Costs Included. The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work. When the value of any Work covered by a ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in receipt of the claimant's last submittal (unless Contract Price is determined on the basis of Cost of ENGINEER allows additional time). the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or B . ENGINEER's Decision: ENGINEER will incremental costs required because of the change in render a formal decision in writing within 30 days after the Work or because of the event giving rise to the «. receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to in submittal of the opposing party, if any. ENGINEER's writing by OWNER, such costs shall be in amounts no written decision on such Claim , dispute , or other higher than those prevailing in the locality of the .r matter will be final and binding upon OWNER and Project, shall include only the following items , and CONTRACTOR unless : shall not include any of the costs itemized in para- graph 11 . 01 . 13 . 1 . an appeal from ENGINEER's •• decision is taken within the time limits and in 1 . Payroll costs for employees in the accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- procedures set forth in Article 16 ; or mance of the Work under schedules of job classifications agreed upon by OWNER and .. 2 . if no such dispute resolution CONTRACTOR. Such employees shall include procedures have been set forth in Article 16 , a without limitation superintendents , foremen , written notice of intention to appeal from and other personnel employed full time at the .. ENGINEER's written decision is delivered by Site . Payroll costs for employees not employed OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on ENGINEER within 30 days after the date of the basis of their time spent on the Work . such decision , and a formal proceeding is Payroll costs shall include, but not be limited to , instituted by the appealing party in a forum of salaries and wages plus the cost of fringe competent jurisdiction within 60 days after the benefits , which shall include social security date of such decision or within 60 days after contributions , unemployment, excise , and ,. Substantial Completion , whichever is later payroll taxes , workers' compensation , health (unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , and CONTRACTOR), to exercise such rights or vacation and holiday pay applicable thereto . remedies as the appealing party may have with The expenses of performing Work outside of respect to such Claim , dispute, or other matter regular working hours , on Saturday, Sunday, or in accordance with applicable Laws and legal holidays , shall be included in the above to Regulations . the extent authorized by OWNER. 0016-00700 - General Conditions Page 31 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 at Street lmprovements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc r 2 . Cost of all materials and equipment in accordance with rental agreements approved furnished and incorporated in the Work, includ- by OWNER with the advice of ENGINEER, and ing costs of transportation and storage thereof, the costs of transportation , loading , unloading , and Suppliers' field services required in assembly, dismantling , and removal thereof. connection therewith . All cash discounts shall All such costs shall be in accordance with the accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of deposits funds with CONTRACTOR with which any such equipment, machinery, or parts shall to make payments , in which case the cash cease when the use thereof is no longer discounts shall accrue to OWNER. All trade necessary for the Work. discounts, rebates and refunds and returns from sale of surplus materials and equipment d . Sales, consumer, use, and other shall accrue to OWNER, and CONTRACTOR similar taxes related to the Work, and for which shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and obtained . Regulations . 3 . Payments made by CONTRACTOR e . Deposits lost for causes other than to Subcontractors for Work performed by negligence of CONTRACTOR, any Sub- Subcontractors . If required by OWNER, CON- contractor, or anyone directly or indirectly TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any subcontractors acceptable to OWNER and of them may be liable, and royalty payments CONTRACTOR and shall deliver such bids to and fees for permits and licenses . OWNER, who will then determine, with the advice of ENGINEER, which bids , if any, will be f. Losses and damages (and related r acceptable. If any subcontract provides that the expenses ) caused by damage to the Work, not Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus- of the Work plus a fee , the Subcontractor's tained by CONTRACTOR in connection with Cost of the Work and fee shall be determined the performance of the Work (except losses in the same manner as CONTRACTOR's Cost and damages within the deductible amounts of of the Work and fee as provided in this para- property insurance established in accordance graph 11 .01 . with paragraph 5 .06 . D ) , provided such losses .r and damages have resulted from causes other 4 . Costs of special consultants than the negligence of CONTRACTOR, any (including but not limited to engineers , Subcontractor, or anyone directly or indirectly architects , testing laboratories , surveyors, employed by any of them or for whose acts any attorneys , and accountants) employed for of them may be liable . Such losses shall services specifically related to the Work . include settlements made with the written consent and approval of OWNER. No such 5 . Supplemental costs including the losses , damages , and expenses shall be following : included in the Cost of the Work for the purpose of determining CONTRACTOR's fee . a . The proportion of necessary trans- portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary CONTRACTOR's employees incurred in dis- facilities at the Site . charge of duties connected with the Work . rr h . Minor expenses such as telegrams , b . Cost, including transportation and long distance telephone calls , telephone service maintenance, of all materials , supplies , equip- at the Site , expressage , and similar petty cash ment, machinery, appliances , office, and items in connection with the Work. temporary facilities at the Site, and hand tools not owned by the workers , which are consumed i . When the Cost of the Work is used to in the performance of the Work, and cost, less determine the value of a Change Order or of a market value, of such items used but not con- Claim , the cost of premiums for additional sumed which remain the property of CON- Bonds and insurance required because of the TRACTOR. changes in the Work or caused by the event giving rise to the Claim . +. C, Rentals of all construction equip- ment and machinery, and the parts thereof j . When all the Work is performed on the whether rented from CONTRACTOR or others basis of cost-plus, the costs of premiums for all r 0016-00700 - General Conditions Page 32 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc fi .r Bonds and insurance CONTRACTOR is D . Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain . paragraphs 11 .01 .A and 11 . 01 . 13 , CONTRACTOR will establish and maintain records thereof in accordance ow B . Costs Excluded. The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items : submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1 . Payroll costs and other compensation data . °" of CONTRACTOR's officers , executives , princk pals (of partnerships and sole proprietorships), 11 . 02 Cash Allowances general managers , engineers , architects , w estimators , attorneys , auditors , accountants , A. It is understood that CONTRACTOR has in- purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work employed by CONTRACTOR, whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR's principal or branch acceptable to OWNER and ENGINEER. office for general administration of the Work CONTRACTOR agrees that: and not specifically included in the agreed upon r„ schedule of job classifications referred to in 1 . the allowances include the cost to paragraph 11 . 01 .A. 1 or specifically covered by CONTRACTOR (less any applicable trade paragraph 11 .01 .AA , all of which are to be discounts) of materials and equipment required considered administrative costs covered by the by the allowances to be delivered at the Site , CONTRACTOR's fee . and all applicable taxes ; and 2 . Expenses of CONTRACTOR's princi- 2 . CONTRACTOR's costs for unloading pal and branch offices other than and handling on the Site , labor, installation CONTRACTOR's office at the Site . costs , overhead , profit, and other expenses contemplated for the allowances have been 3 . Any part of CONTRACTOR's capital included in the Contract Price and not in the +r expenses , including interest on allowances , and no demand for additional CONTRACTOR's capital employed for the payment on account of any of the foregoing will Work and charges against CONTRACTOR for be valid . rr delinquent payments . B . Prior to final payment, an appropriate Change 4 . Costs due to the negligence of CON- Order will be issued as recommended by ENGINEER TRACTOR, any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on •• directly or indirectly employed by any of them or account of Work covered by allowances , and the Con- for whose acts any of them may be liable , tract Price shall be correspondingly adjusted . including but not limited to, the correction of defective Work, disposal of materials or 11 . 03 Unit Price Work equipment wrongly supplied , and making good any damage to property. A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially .. 5 . Other overhead or general expense the Contract Price will be deemed to include for all costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of the specifically and expressly included in unit price for each separately identified item of Unit paragraphs 11 .01 .A and 11 .01 . 13 . Price Work times the estimated quantity of each item "" as indicated in the Agreement. The estimated C . CONTRACTOR's Fee: When all the Work is quantities of items of Unit Price Work are not guaran - performed on the basis of cost-plus, CONTRACTOR's teed and are solely for the purpose of comparison of .. fee shall be determined as set forth in the Agreement. Bids and determining an initial Contract Price . Deter- When the value of any Work covered by a Change minations of the actual quantities and classifications of Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work, made by ENGINEER subject to the provisions of CONTRACTOR's fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an ow amount considered by CONTRACTOR to be ade- 0016-00700 - General Conditions Page 33 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc WII� �Ir quate to cover CONTRACTOR's overhead and profit Documents and agreement to a lump sum is for each separately identified item , not reached under paragraph 12 .01 . 13 . 2 , on the basis of the Cost of the Work (determined as C . OWNER or CONTRACTOR may make a provided in paragraph 11 . 01 ) plus a Claim for an adjustment in the Contract Price in accor- CONTRACTOR's fee for overhead and profit dance with paragraph 10 . 05 if: (determined as provided in paragraph 12 . 01 . C) . 1 . the quantity of any item of Unit Price C . CONTRACTOR's Fee: The Work performed by CONTRACTOR differs CONTRACTOR's fee for overhead and profit shall be "II' materially and significantly from the estimated determined as follows : quantity of such item indicated in the Agreement; and 1 . a mutually acceptable fixed fee ; or 2 , there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then with respect any other item of Work ; and a fee based on the following percentages of the various portions of the Cost of the Work : 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in a . for costs incurred under para- Contract Price as a result of having incurred graphs 11 .01 .A. 1 and 11 . 01 .A.2 , the additional expense or OWNER believes that CONTRACTOR's fee shall be 15 percent; OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to b . for costs incurred under paragraph the amount of any such increase or decrease . 11 .01 .A. 3 , the CONTRACTOR's fee shall be five percent; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c. where one or more tiers of subcon- CHANGE OF CONTRACT TIMES tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12 .01 . C .2 .a is that 12 . 01 Change of Contract Price the Subcontractor who actually performs .r the Work, at whatever tier, will be paid a fee A. The Contract Price may only be changed by a of 15 percent of the costs incurred by such Change Order or by a Written Amendment. Any Subcontractor under paragraphs 11 .01 .A. 1 Claim for an adjustment in the Contract Price shall be and 11 .01 .A.2 and that any higher tier r" based on written notice submitted by the party making Subcontractor and CONTRACTOR will the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon- .r graph 10 .05 . tractor; B . The value of any Work covered by a Change d . no fee shall be payable on the Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs Contract Price will be determined as follows : 11 .01 .A.4, 11 . 01 .A.5, and 11 . 01 . 13 ; 1 . where the Work involved is covered e . the amount of credit to be allowed by unit prices contained in the Contract by CONTRACTOR to OWNER for any Documents, by application of such unit prices to change which results in a net decrease in the quantities of the items involved (subject to cost will be the amount of the actual net the provisions of paragraph 11 .03 ); or decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal 2 . where the Work involved is not cov- to five percent of such net decrease ; and ered by unit prices contained in the Contract Documents , by a mutually agreed lump sum f. when both additions and credits are (which may include an allowance for overhead involved in any one change, the adjustment and profit not necessarily in accordance with in CONTRACTOR's fee shall be computed paragraph 12 . 01 . C . 2); or on the basis of the net change in accordance with paragraphs 12 .01 . C .2 .a 3 . where the Work involved is not cov- through 12 . 01 .C . 2 .e, inclusive . ered by unit prices contained in the Contract 0016-00700 - General Conditions Page 34 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 sl Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc .r 12 . 02 Change of Contract Times surety for or employee or agent of any of them , for damages arising out of or resulting from : A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written 1 , delays caused by or within the control +r Amendment. Any Claim for an adjustment in the of CONTRACTOR; or Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 2 , delays beyond the control of both to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not �r in accordance with the provisions of paragraph 10 .05 . limited to fires , floods , epidemics , abnormal weather conditions , acts of God , or acts or B . Any adjustment of the Contract Times (or neglect by utility owners or other contractors .. Milestones) covered by a Change Order or of any performing other work as contemplated by Claim for an adjustment in the Contract Times (or Article 7 . Milestones) will be determined in accordance with the provisions of this Article 12 . B . Nothing in this paragraph 12 .06 bars a change in Contract Price pursuant to this Article 12 to 12 . 03 Delays Beyond CONTRACTOR's Control compensate CONTRACTOR due to delay, interference , or disruption directly attributable to A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom completing any part of the Work within the Contract OWNER is responsible. Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or 'III' Milestones ) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS ; time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF as provided in paragraph 12 . 02 .A. Delays beyond the DEFECTIVE WORK control of CONTRACTOR shall include , but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other 13 . 01 Notice of Defects work as contemplated by Article 7 , fires, floods, epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which God . OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be .r 12 . 04 Delays Within CONTRACTOR's Control rejected , corrected , or accepted as provided in this Article 13 . A. The Contract Times (or Milestones) will not be extended due to delays within the control of 13 . 02 Access to Work + CONTRACTOR . Delays attributable to and within the control of a Subcontractor or Supplier shall be A. OWNER, ENGINEER, ENGINEER's Con- deemed to be delays within the control of CONTRAC- sultants , other representatives and personnel of TOR. OWNER, independent testing laboratories , and governmental agencies with jurisdictional interests will 12 .05 Delays Beyond OWNER's and have access to the Site and the Work at reasonable CONTRACTOR's Control times for their observation , inspecting , and testing . .. CONTRACTOR shall provide them proper and safe A. Where CONTRACTOR is prevented from conditions for such access and advise them of completing any part of the Work within the Contract CONTRACTOR's Site safety procedures and Times (or Milestones ) due to delay beyond the control programs so that they may comply therewith as of both OWNER and CONTRACTOR, an extension of applicable . the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections .. CONTRACTOR's sole and exclusive remedy for such delay. A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate with inspection and testing personnel to facilitate A. In no event shall OWNER or ENGINEER be required inspections or tests . liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any 0016-00700 - General Conditions Page 35 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc ri • services of an independent testing laborato to B . If ENGINEER considers it necessary or ft perform all inspections , tests , or approvals re ed by advisable that covered Work be observed by ENGI- the Contract Documents except: NEER or inspected or tested by others , CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, �wr 1 . for inspections , tes or approvals or otherwise make available for observation , inspec- covered by paragraphs 1 3 . 0 and 13 .03 . D tion , or testing as ENGINEER may require , that below; portion of the Work in question , furnishing all neces- sary labor, material , and equipment. If it is found that Til 2 . that cos incurred in connection with such Work is defective, CONTRACTOR shall pay all tests or insp ions conducted pursuant to Claims , costs , losses , and damages (including but not paragraph 1 . 4 . 6 shall be paid as provided in limited to all fees and charges of engineers , architects , said par aph 13 .04 . 13 ; and attorneys , and other professionals and all court or arbitration or other dispute resolution costs) arising out as otherwise specifically provided in of or relating to such uncovering , exposure, observa- tion , inspection , and testing , and of satisfactory replacement or reconstruction (including but not C . If Laws or Regulations of any public body limited to all costs of repair or replacement of work of having jurisdiction require any Work (or part thereof) others); and OWNER shall be entitled to an specifically to � be inspected , tested , or approved by an appropriate decrease in the Contract Price . If the employee or other representative of such public body, parties are unable to agree as to the amount thereof, CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in arranging and obtaining such inspections , tests , or paragraph 10 .05. If, however, such Work is not found r approvals , pay all costs in connection therewith , and to be defective, CONTRACTOR shall be allowed an furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the tion or approval . Contract Times (or Milestones ) , or both , directly attributable to such uncovering , exposure, D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement, and arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree as to connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may .r required for OWNER Is and ENGINEER's acceptance make a Claim therefor as provided in paragraph of materials or equipment to be incorporated in the 10 .05 . Work; or acceptance of materials , mix designs , or equipment submitted for approval prior to 13 .05 OWNER May Stop the Work CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections , tests, or approvals , 9F GGAIT. shall be performed by organizations acceptable to fails to supply sufficient skilled worke7o9rderCON - be .r OWNER and ENGINEER. materials or equipment, or fails to perfo such a way that the completed Wor E . If any Work (or the work of others) that is to the Contract Documents , OWN mainspected , tested , or approved is covered by CON- TRACTOR to stop the Wo , or any portion thereof, TRACTOR without written concurrence of ENGI- until the cause for su order has been eliminated ; NEER, it must, if requested by ENGINEER, be uncov- however, this righ OWNER to stop the Work shall ered for observation , not give rise any duty on the part of OWNER to exercise s right for the benefit of CONTRACTOR, F . Uncovering Work as provided in paragraph an bcontractor, any Supplier, any other individual 13 . 03 . E shall be at CONTRACTOR's expense unless , of eniplere or agent ef CONTRACTOR has given ENGINEER timely notice BAY of t of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice . ,Ir 13 .04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 0016-00700 - General Conditions Page 36 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc .rr .. 13 . 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other Work resulting therefrom ) has been corrected or A. CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07 , Work, whether or not fabricated , installed , or the correction period hereunder with respect to such 4r completed , or, if the Work has been rejected by ENGI- Work will be extended for an additional period of one NEER, remove it from the Project and replace it with year after such correction or removal and replacement Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed . all Claims , costs , losses , and damages (including but '~ not limited to all fees and charges of engineers , D . CONTRACTOR's obligations under this architects , attorneys , and other professionals and all paragraph 13 .07 are in addition to any other obligation court or arbitration or other dispute resolution costs ) or warranty. The provisions of this paragraph 13 . 07 .I. arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver (including but not limited to all costs of repair or of the provisions of any applicable statute of limitation replacement of work of others ) . or repose . r 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work A. If within one year after the date of Substantial A. If, instead of requiring correction or removal ® Completion or such longer period of time as may be and replacement of defective Work , OWNER (and , prescribed by Laws or Regulations or by the terms of prior to ENGINEER's recommendation of final pay- any applicable special guarantee required by the ment, ENGINEER) prefers to accept it, OWNER may Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs , Contract Documents , any Work is found to be losses , and damages (including but not limited to all defective, or if the repair of any damages to the land fees and charges of engineers , architects , attorneys , or areas made available for CONTRACTOR's use by and other professionals and all court or arbitration or OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to contemplated in paragraph 6 . 11 .A is found to be OWNER's evaluation of and determination to accept defective, CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by to OWNER and in accordance with OWNER's written ENGINEER as to reasonableness ) and the diminished 4W instructions : (i) repair such defective land or areas , or value of the Work to the extent not otherwise paid by (ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any Work has been rejected by OWNER, remove it from such acceptance occurs prior to ENGINEER's recom- Am the Project and replace it with Work that is not mendation of final payment, a Change Order will be defective, and (iii ) satisfactorily correct or repair or issued incorporating the necessary revisions in the remove and replace any damage to other Work, to the Contract Documents with respect to the Work, and work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease .. from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim #W loss or damage, OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an Work removed and replaced , and all Claims , costs, appropriate amount will be paid by CONTRACTOR to losses , and damages (including but not limited to all OWNER. + fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work other dispute resolution costs) arising out of or relating to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable .. replacement (including but not limited to all costs of time after written notice from ENGINEER to correct repair or replacement of work of others ) will be paid by defective Work or to remove and replace rejected CONTRACTOR. Work as required by ENGINEER in accordance with �. paragraph 13 . 06 .A, or if CONTRACTOR fails to B . In special circumstances where a particular perform the Work in accordance with the Contract item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with before Substantial Completion of all the Work, the any other provision of the Contract Documents , correction period for that item may start to run from an OWNER may, after seven days written notice to earlier date if so provided in the Specifications or by CONTRACTOR, correct and remedy any such Written Amendment. deficiency. .r. 0016.00700 - General Conditions Page 37 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc Yr r B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously. In connection with such corrective and remedial A. Applications for Payments action , OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the 1 . At least 20 days before the date .r Work and suspend CONTRACTOR's services related established for each progress payment (but not thereto, take possession of CONTRACTOR's tools , more often than once a month ) , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site, and incorporate in the Work all materials and review an Application for Payment filled out and 10" equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere. completed as of the date of the Application and CONTRACTOR shall allow OWNER, OWNER's accompanied by such supporting .Ir representatives , agents and employees , OWNER's documentation as is required by the Contract other contractors , and ENGINEER and ENGINEER's Documents . If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale , (including but not limited to all fees and charges of invoice, or other documentation warranting that engineers , architects , attorneys , and other OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13 .09 will be charged against CON- arrangements to protect OWNER's interest TRACTOR, and a Change Order will be issued therein , all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER. Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the 2 . Beginning with the second Contract Price . If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10 .05 . Such that all previous progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on r be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR's of others destroyed or damaged by correction , legitimate obligations associated with prior removal , or replacement of CONTRACTOR's Applications for Payment. defective Work. •� 3 . The amount of retainage with respect D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones) the Agreement. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's B . Review of Applications rights and remedies under this paragraph 13 .09 . 1 . ENGINEER will , within 10 days after .r receipt of each Application for Payment, either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to r" CONTRACTOR indicating in writing 14 .01 Schedule of Values ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- A. The schedule of values established as provid- TRACTOR may make the necessary ed in paragraph 2 .07 .A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI - 2 . ENGINEER's recommendation of M NEER. Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER, based on 0016-00700 - General Conditions Page 38 of 44 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc aw ENGINEER's observations on the Site of the make any examination to ascertain how or for r executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER's moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , .r accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER's knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - r a . the Work has progressed to the point mend the whole or any part of any payment if, indicated ; in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred 4M b . the quality of the Work is generally in to in paragraph 14 .02 . 6 . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent fm Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in 40 quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from Work under paragraph 9 .08 , and to any loss because : other qualifications stated in the recommendation); and a . the Work is defective, or completed 00 Work has been damaged , requiring c. The conditions precedent to correction or replacement; CONTRACTOR's being entitled to such 40 payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER's responsibility to by Written Amendment or Change Orders ; observe the Work . c. OWNER has been required to correct .r 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: (i ) inspec- aw tions made to check the quality or the quantity of the Work as it has been performed have the occurrence vents enumer- been exhaustive, extended to every aspect of . the Work in progress , or involved detailed I. inspections of the Work beyond the responsk C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may 3, Tom^ days--a#te; g;eseataiee not be other matters or issues between the Application for Payment to r. with parties that might entitle CONTRACTOR to be ENGINEER's recomm on , the amount paid additionally by OWNER or entitle OWNER recommended ubject to the provisions of to withhold payment to CONTRACTOR. para r 4 .02 . D ) become due, and when +rr 4 . Neither ENGINEER's review of CONTRACTOR's Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER's recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise, direct, or control the ENGINEER because : Work or for the means , methods, techniques, sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR's thereto , or for CONTRACTOR's failure to performance or furnishing of the Work ; we comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work . b . Liens have been filed in connection Additionally, said review or recommendation will with the Work, except where an not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 0016-00700 - General Conditions Page 39 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc Bond satisfactory to OWNER to secure the Completion . There shall be attached to the certificate satisfaction and discharge of such Liens ; a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days c, there are other items entitling OWN - after receipt of the tentative certificate during which to ER to a set-off against the amount make written objection to ENGINEER as to any recommended ; or provisions of the certificate or attached list. If, after considering such objections , ENGINEER concludes d . OWNER has actual knowledge of the that the Work is not substantially complete , occurrence of any of the events enumerated ENGINEER will within 14 days after submission of the in paragraphs 14 .02 . B .5 .a through tentative certificate to OWNER notify CONTRACTOR 14 . 02 . B . 5 .c or paragraph 15 .02 .A. in writing , stating the reasons therefor. If, after consideration of OWNER's objections , ENGINEER 2 . If OWNER refuses to make payment considers the Work substantially complete , of the full amount recommended by ENGINEER will within said 14 days execute and ENGINEER, OWNER must give deliver to OWNER and CONTRACTOR a definitive CONTRACTOR immediate written notice (with certificate of Substantial Completion (with a revised .r a copy to ENGINEER) stating the reasons for tentative list of items to be completed or corrected ) such action and promptly pay CONTRACTOR reflecting such changes from the tentative certificate any amount remaining after deduction of the as ENGINEER believes justified after consideration of amount so withheld . OWNER shall promptly any objections from OWNER. At the time of delivery .r pay CONTRACTOR the amount so withheld , or of the tentative certificate of Substantial Completion any adjustment thereto agreed to by OWNER ENGINEER will deliver to OWNER and CONTRAC- and CONTRACTOR, when CONTRACTOR TOR a written recommendation as to division of .Ir corrects to OWNER's satisfaction the reasons responsibilities pending final payment between for such action . OWNER and CONTRACTOR with respect to security, operation , safety, and protection of the Work, 3 . If it is subsequently determined that maintenance, heat, utilities , insurance , and warranties OWNER's refusal of payment was not justified , and guarantees . Unless OWNER and the amount wrongfully withheld shall be treated CONTRACTOR agree otherwise in writing and so as an amount due as determined by paragraph inform ENGINEER in writing prior to ENGINEER's VM 14 .02 . C . 1 . issuing the definitive certificate of Substantial Comple- tion , ENGINEER's aforesaid recommendation will be 14 . 03 CONTRACTOR 's Warranty of Title binding on OWNER and CONTRACTOR until final payment. A. CONTRACTOR warrants and guarantees that title to all Work, materials , and equipment covered B . OWNER shall have the right to exclude by any Application for Payment, whether incorporated CONTRACTOR from the Site after the date of in the Project or not, will pass to OWNER no later than Substantial Completion , but OWNER shall allow CON- the time of payment free and clear of all Liens . TRACTOR reasonable access to complete or correct items on the tentative list. 14 . 04 Substantial Completion 14 . 05 Partial Utilization A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall A. Use by OWNER at OWNER's option of any r, notify OWNER and ENGINEER in writing that the substantially completed part of the Work which has entire Work is substantially complete (except for items specifically been identified in the Contract Documents , specifically listed by CONTRACTOR as incomplete) or which OWNER, ENGINEER, and CONTRACTOR and request that ENGINEER issue a certificate of agree constitutes a separately functioning and usable `II' Substantial Completion . Promptly thereafter, part of the Work that can be used by OWNER for its OWNER, CONTRACTOR, and ENGINEER shall intended purpose without significant interference with make an inspection of the Work to determine the CONTRACTOR's performance of the remainder of status of completion . If ENGINEER does not consider the Work, may be accomplished prior to Substantial the Work substantially complete, ENGINEER will Completion of all the Work subject to the following notify CONTRACTOR in writing giving the reasons conditions . therefor. If ENGINEER considers the Work substantially complete , ENGINEER will prepare and 1 . OWNER at any time may request deliver to OWNER a tentative certificate of Substantial CONTRACTOR in writing to permit OWNER to Completion which shall fix the date of Substantial use any such part of the Work which OWNER .r 0016-00700 - General Conditions Page 40 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41 St Street Improvements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc 41r believes to be ready for its intended use and tees , Bonds , certificates or other evidence of "r substantially complete . If CONTRACTOR insurance certificates of inspection , marked-up agrees that such part of the Work is record documents (as provided in paragraph substantially complete , CONTRACTOR will 6 . 12 ), and other documents , CONTRACTOR 4r certify to OWNER and ENGINEER that such may make application for final payment follow- part of the Work is substantially complete and ing the procedure for progress payments . request ENGINEER to issue a certificate of Substantial Completion for that part of the 2 . The final Application for Payment " Work . CONTRACTOR at any time may notify shall be accompanied (except as previously OWNER and ENGINEER in writing that delivered ) by: (i) all documentation called for in CONTRACTOR considers any such part of the the Contract Documents , including but not ,,. Work ready for its intended use and substan- limited to the evidence of insurance required by tially complete and request ENGINEER to issue subparagraph 5 .04 . 13 . 7 ; (ii) consent of the a certificate of Substantial Completion for that surety, if any, to final payment; and (iii ) part of the Work . Within a reasonable time complete and legally effective releases or after either such request, OWNER, waivers (satisfactory to OWNER) of all Lien CONTRACTOR, and ENGINEER shall make rights arising out of or Liens filed in connection an inspection of that part of the Work to with the Work. determine its status of completion . If ENGINEER does not consider that part of the 3 . In lieu of the releases or waivers of Work to be substantially complete, ENGINEER Liens specified in paragraph 14 .07 .A.2 and as will notify OWNER and CONTRACTOR in approved by OWNER, CONTRACTOR may writing giving the reasons therefor. If furnish receipts or releases in full and an ENGINEER considers that part of the Work to affidavit of CONTRACTOR that: (i) the releases be substantially complete, the provisions of and receipts include all labor, services , ,W paragraph 14 . 04 will apply with respect to material , and equipment for which a Lien could certification of Substantial Completion of that be filed ; and (ii) all payrolls , material and part of the Work and the division of equipment bills , and other indebtedness responsibility in respect thereof and access connected with the Work for which OWNER or +� thereto. OWNER's property might in any way be responsible have been paid or otherwise satis- 2 . No occupancy or separate operation fied . If any Subcontractor or Supplier fails to of part of the Work may occur prior to furnish such a release or receipt in full , CON- compliance with the requirements of paragraph TRACTOR may furnish a Bond or other 5 . 10 regarding property insurance . collateral satisfactory to OWNER to indemnify OWNER against any Lien . .. 14 . 06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER's complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER's review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and .r which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR's other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in 4W A. Application for Payment writing ENGINEER's recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment. At the same opinion of ENGINEER, satisfactorily completed time ENGINEER will also give written notice to 40 all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 .09 . Otherwise , ENGINEER will 4M and operating instructions , schedules , guaran- return the Application for Payment to 0016-00700 - General Conditions Page 41 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc +rr CONTRACTOR, indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 15 . 01 OWNER May Suspend Work C . Payment Becomes Due A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period 1 . Thirty days after the presentation to of not more than 90 consecutive days by notice in OWNER of the Application for Payment and writing to CONTRACTOR and ENGINEER which will accompanying documentation , the amount fix the date on which Work will be resumed . CON- recommended by ENGINEER will become due TRACTOR shall resume the Work on the date so ,I,r and , when due, will be paid by OWNER to fixed . CONTRACTOR shall be allowed an adjustment CONTRACTOR. in the Contract Price or an extension of the Contract Times , or both , directly attributable to any such 14 .08 Final Completion Delayed suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10 . 05 . A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed , and if 15 .02 OWNER May Terminate for Cause .r ENGINEER so confirms , OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER, and without terminat- following events will justify termination for cause : ing the Agreement, make payment of the balance due �► for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure accepted . If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents (including , but not limited less than the retainage stipulated in the Agreement, to, failure to supply sufficient skilled workers or ,.r and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5 .01 , the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2 .07 as adjusted from time to .r Work fully completed and accepted shall be submitted time pursuant to paragraph 6 .04) ; by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2 . CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction ; Claims . 3 . CONTRACTOR's disregard of the 14 .09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute: substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising B . If one or more of the events identified in from unsettled Liens, from defective Work paragraph 15 .02 .A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days paragraph 14 .06 , from failure to comply with the written notice, terminate the services of Contract Documents or the terms of any special CONTRACTOR, exclude CONTRACTOR from the �f6 guarantees specified therein , or from Site, and take possession of the Work and of all CONTRACTOR's continuing obligations under CONTRACTOR's tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site, and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for r' unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR 0016-00700 - General Conditions Page 42 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc r r shall not be entitled to receive any further payment 4 , for reasonable expenses directly .. until the Work is finished . If the unpaid balance of the attributable to termination . Contract Price exceeds all claims, costs , losses , and damages (including but not limited to all fees and B . CONTRACTOR shall not be paid on account r charges of engineers , architects , attorneys , and other of loss of anticipated profits or revenue or other eco- professionals and all court or arbitration or other nomic loss arising out of or resulting from such dispute resolution costs) sustained by OWNER arising termination . out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims , costs, 15 . 04 CONTRACTOR May Stop Work or losses , and damages exceed such unpaid balance, Terminate CONTRACTOR shall pay the difference to OWNER. .. Such claims , costs , losses , and damages incurred by A. If, through no act or fault of CONTRACTOR, OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive reasonableness and , when so approved by days by OWNER or under an order of court or other ENGINEER, incorporated in a Change Order. When public authority, or ENGINEER fails to act on any exercising any rights or remedies under this Application for Payment within 30 days after it is paragraph OWNER shall not be required to obtain the submitted , or OWNER fails for 30 days to pay CON - lowest price for the Work performed . TRACTOR any sum finally determined to be due , then CONTRACTOR may, upon seven days written notice C . Where CONTRACTOR Is services have been to OWNER and ENGINEER, and provided OWNER so terminated by OWNER, the termination will not or ENGINEER do not remedy such suspension or affect any rights or remedies of OWNER against failure within that time, terminate the Contract and CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as accrue . Any retention or payment of moneys due provided in paragraph 15 . 03 . In lieu of terminating the CONTRACTOR by OWNER will not release CON- Contract and without prejudice to any other right or 4W TRACTOR from liability. remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is 15 .03 OWNER May Terminate For Convenience submitted , or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due , +■' A. Upon seven days written notice to CON- CONTRACTOR may, seven days after written notice TRACTOR and ENGINEER, OWNER may, without to OWNER and ENGINEER, stop the Work until cause and without prejudice to any other right or payment is made of all such amounts due remedy of OWNER, elect to terminate the Contract. CONTRACTOR, including interest thereon . The In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended to duplication of any items) : preclude CONTRACTOR from making a Claim under paragraph 10 .05 for an adjustment in Contract Price +w 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or executed in accordance with the Contract damage directly attributable to CONTRACTOR's Documents prior to the effective date of stopping the Work as permitted by this paragraph , termination , including fair and reasonable sums for overhead and profit on such Work; ARTICLE 16 - DISPUTE RESOLUTION 2 . for expenses sustained prior to the dw effective date of termination in performing services and furnishing labor, materials , or 16 . 01 Methods and Procedures equipment as required by the Contract Documents in connection with uncompleted A. Dispute resolution methods and procedures , if r Work, plus fair and reasonable sums for any, shall be as set forth in the Supplementary overhead and profit on such expenses ; Conditions . If no method and procedure has been set forth , and subject to the provisions of paragraphs 9 . 09 ,. 3 . for all claims , costs , losses , and and 10 .05 , OWNER and CONTRACTOR may damages (including but not limited to all fees exercise such rights or remedies as either may and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by and other professionals and all court or Laws or Regulations in respect of any dispute . arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors , Suppliers , and others; and 0016-00700 - General Conditions Page 43 of 44 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Inprovements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc ARTICLE 17 - MISCELLANEOUS r 17 .01 Giving Notice it A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail , postage prepaid , to the last business address known to the giver of the notice . 17 . 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and include the last day of such period . If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction , such day will be omitted from the computation . 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these .r General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to , and are not to be construed in any way as a limitation vlr► of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee, or by other provisions of the Contract Documents , and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each ..t particular duty, obligation , right, and remedy to which they apply. 17 .04 Survival of Obligations A. All representations , indemnifications , warran- ties , and guarantees made in , required by, or given in ., accordance with the Contract Documents , as well as all continuing obligations indicated in the Contract Documents , will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 .05 Controlling Law rr A. This Contract is to be governed by the law of the state in which the Project is located . �r r 0016-00700 - General Conditions Page 44 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc fAw SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS " Article Title Article Number Introduction Sc - 1 . 00 Defined Terms Sc — 1 . 01 .. Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 r Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds Sc — 5 . 01 .. Certificates of Insurance SC — 5 . 03 CONTRACTOR ' S Liability Insurance SC — 5 . 04 OWNER' S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Taxes SC — 6 . 10 Test and Inspections SC — 13 . 03 aw Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 Arbitration SC — 16 . 03 Liens SC — 17 . 06 0016-00800 - Supplementary Conditions ,rr 00800 i F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC - 1 . 00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract ill, Documents as indicated below . All provisions , which are not so amended or supplemented , remain in full force and effect . The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC -1 . 01 Defined Terms SC- 1 . 01 . A. 20 . Delete paragraph GC 1 . 01 . A . 20 in its entirety. rr SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its +�► place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this ,In Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Preconstruction Conference SC -2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place: A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Engineer will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05 . 13 , procedures .. for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work . .t 0016-00800 - Supplementary Conditions 008001 �r FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 .. SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC- 3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC-3 . 06 Coordination of Plans, Specifications, and Special Provisions A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations .. 2 . Addenda 3 . Specifications 4 , Supplementary Conditions to the General Conditions 5 . General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 . Referenced Standards , B . Written/computed dimensions shall govern over scaled dimensions . SC -4 . 02 Subsurface and Physical Conditions SC-4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER' s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : 1 . Report dated 2/7/05 , prepared by A. M . Engineering and Testing , Inc. , entitled : A. M . Project No . D-04771 , consisting of 13 pages . The "technical " data" contained in such report on which CONTRACTOR may rely is permeability tests and soil borings . r� 0016-00800 - Supplementary Conditions 008002 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 SC -5 . 01 Performance , Payment and Other Bonds ., SC-5 . 01 . A. Delete paragraph GC-5. 01 . A in its entirety and insert the following paragraphs in its place: A . Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of the Contract Price and a Payment Bond in an amount equal to 100 % of the Contract Price . 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute . 2 . In lieu of the Performance and Payment Bonds , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, .. certified check , cashier' s check , irrevocable letter of credit or a security as listed in Part II of F . S . Chapter 625 . Any such alternative form of security shall be for the same purpose , and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER . 3 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of .. the Work by the OWNER. 4 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . SC -5 . 03 Certificates of Insurance r SC- 5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5 . 04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 6: C . The limits of liability for the insurance required by paragraph 5.. 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker' s Compensation : To meet statutory limits in compliance with the Worker' s Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $ 500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee ) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s) of the .r CONTRACTOR. 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C , Contractual Liability 0016-00800 - Supplementary Conditions 008003 lrr FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236.41 st St Contract Docs\0016-00800 - SupplementaryCondilions.doc Rev. 05/01 rlr d . Independent Contractors ,. e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C, Non-Owned Autos . 4 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these +� Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this .. Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER' s Risk Manager for �r review and approval . b . " Indian River County Florida" will be named as "Additional Insured " on both the General Liability , Auto Liability and Builder' s Risk "All Risk" Insurance . C, The OWNER will be given thirty ( 30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d . An appropriate " Indemnification " clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , .. which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best's Rating . D . Additional Insureds : 1 . In addition to " Indian River County, Florida , " the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR' s liability insurance policies : a . NONE b . C. SC -5 . 05 OWNER' s Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05. A in its entirety. SC -5 . 06 Property Insurance 0016-00800 - Supplementary Conditions rrn 008004 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - SupplementaryConditions.doc Rev. 05/01 Irr SC-5 . 06 Delete paragraphs GC-5. 06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR, Subcontractors , ENGINEER , ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work , temporary buildings , falsework , and materials and equipment in transit and .. shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft , vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 . include expenses incurred in the repair or replacement of any insured property .. (including but not limited to fees and charges of engineers and architects ) ; 4 . cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5 . allow for partial utilization of the Work by OWNER; 6 . include testing and startup ; and 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self-insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . The following individuals or entities shall be listed as "additional insureds" on the .� CONTRACTOR's property insurance policies : a . Indian River County, Florida b . NONE .l+ C . 0016-00800 - Supplementary Conditions 008005 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236.41 sl St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 r SC -5 . 07 Waiver of Rights r SC-5 . 07 Delete GC-5. 07 (paragraphs A, 8, and C) in its entirety. SC -5 . 08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and 8) in its entirety. r SC -6 . 02 Labor ; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC-6. 02. 6: r 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . r' 2 . Indian River County Holidays are : New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day , Veterans Day , Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will r not be permitted without prior written permission and approval from the Engineer. 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the r CONTRACTOR, shall be borne by the CONTRACTOR , and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5 . All costs of OWNER Is employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a r credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6 . No work shall commence before 7 a . m . or continue after 7 p . m . except in case of r emergency upon specific permission of the ENGINEER . SC -6 . 06 Concerning Subcontractors , Suppliers , and Others r SC-6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: r OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity , to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity . SC -6 . 08 Permits r SC-6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08. A : B . The OWNER has obtained the following permits (copies of these permits are .I. contained in Appendix "A" ) : 1 . SJRWMD 2 . IRFWCD r C . The CONTRACTOR shall obtain and pay for all other required permits and 0016-00800 - Supplementary Conditions r 008006 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC -6 . 10 Taxes SC-6 . 10 . A Delete paragraph GC-6. 10. A in its entirety and insert the following in its place: OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment SC -13 . 03 Test and Inspections SC- 13 . 03. 13 . Delete the first sentence of paragraph GC- 13. 03. 6 in its entirety, and insert the following sentences in its place: .r B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below . Subsequent .. inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the .. following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03 . D below; 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . SC- 13 . 03 . Add the following paragraph immediately after paragraph GC- 13. 03. F. G . The OWNER shall use the following testing laboratory: A. M . Engineering and Testing , Inc. 3504 Industrial 33rd Street Ft. Pierce , FL 34946 13 . 05 OWNER May Stop the Work r SC- 13 . 05 .A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: r A. If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit r requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any portion thereof, until the cause for such order has been eliminated ; however, this 0016-00800 - Supplementary Conditions 008007 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - Supplementary Conditions.doc Rev. 05/01 right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them . 14 . 02 Progress Payments SC- 14 . 02 . 13 . 5 . Delete paragraph GC- 14. 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 . A; or SC- 14 . 02 . 13 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: .I. e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . .. SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place : C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt Payment Act. SC -16 DISPUTE RESOLUTION .. SC -16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . r SC- 16 . 02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC -17 Miscellaneous •• Add the following new paragraphs immediately after paragraph GC 17. 05: SC- 17 . 06 Liens A. This project is a " Public Works " under Chapter 255 , Florida Statutes . No 0016-00800 - Supplementary Conditions 008008 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 4236-41st St Contract Docs\0016-00800 - SupplementaryConditions.doc Rev. 05/01 merchant's liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following t�tl paragraph in all subcontracts hereunder: " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR' S Name ) and to (CONTRACTOR Surety Company Name) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who .. are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . + + END OF SUPPLEMENTARY CONDITIONS++ 0016-00800 - Supplementary Conditions 008009 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00800 - SupplementaryConditions.doc Rev. 05101 aw SECTION 00942 - Change Order Form .�, No . .r DATE OF ISSUANCE : EFFECTIVE DATE : OWNER: Indian River County CONTRACTOR Contract: Project: 0016 & 0236 OWNER's Contract No , ENGINEER's Contract No . ENGINEER �r You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : ( List documents supporting change ) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time: (days or dates ) Substantial Completion : Final Completion : Net Increase ( Decrease) from $ Net change from previous Change ,., previous Change Orders No , Orders No . to (days ) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change ow Change Order: Order: (days or dates ) Substantial Completion : Final Completion : Net increase (decrease ) of this $ Net increase (decrease ) this Change Order: Change Order: (days or dates ) Substantial Completion : Final Completion : Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : (days or dates ) Substantial Completion : Final Completion : ACCEPTED : RECOMMENDED : APPROVED : By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) r Date : Date : Date : 0016-00942 - Change Order Form rr 00942 - 1 FAEngineering\Capital Projects\0016 8 0236- 41st Street Improvements\0016 & 023641st St Contract Docs\0016-00942 - Change Order Form.doc Rev. 05/01 1rr SECTION 01050 - Surveying and Field Engineering 1 . 1 GENERAL A. Provide civil , structural or other professional engineering services specified or required for executing the CONTRACTOR's construction methods . B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . ■• D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grade- marks , monuments and benchmarks made or established on the Work , and reestablish same if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . 1 . 2 CONTRACTOR' S FIELD ENGINEER/SUPERINTENDENT A. Employ and retain at the site of the Work , a field engineer and/or superintendent capable of performing all engineering tasks required of the CONTRACTOR. These .. tasks include , but are not limited to : 1 . By 4 : 00 p . m , on each workday , prepare and submit to the ENGINEER , a list of work to be completed the following day. The projection shall include : a . Location of all areas in which construction will be done ( including Subcontractors ) . b . Major construction equipment utilized . .r c. Equipment and materials to be installed . 2 . Check all formwork , reinforcing , inserts , structural steel , bolts , sleeves , piping , other materials and equipment. 3 . Maintain field office files and drawings , Record Documents , and coordinate all work with Subcontractors . Prepare layout and construction drawings for construction operations . 4 . Check and coordinate the Work for conflicts and interferes and immediately advise the ENGINEER in writing , of all discrepancies noted . 5 . Coordinate with the ENGINEER in field inspections . 1 .3 SURVEY WORK A. Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy ., of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or 0016-01050 - Surveying and Field Engineering 01050 - 1 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01050 - Surveying and Field Engineering.doc Rev. 07/01 ■r existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and a ■" Florida Registered Land Surveyor and Mapper shall replace property corners disturbed by the CONTRACTOR's work , at the CONTRACTOR's expense . If the OWNER must provide the services of the Florida Registered Surveyor and Mapper to perform this +� replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . .. C . All construction survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D . All survey work for Record Drawings shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. E . Maintain a complete , accurate log of all control and survey work as it progresses . 1 .4 SUBMITTALS A. Before beginning work , submit name and qualifications of Field Engineer/Superintendent to ENGINEER . .. B . Before beginning work , submit name and address of Professional Surveyor and Mapper to ENGINEER . ,.. C . On request of ENGINEER , submit documentation to verify accuracy of field engineering work . D . Complete and submit Section 00634 — " Professional Surveyor and Mapper' s Certification as to Elevations and Locations of the Work , " with the Final Application for Payment. .. * * END OF SECTION 0016-01050 - Surveying and Field Engineering 01050 - 2 r1 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01050 - Surveying and Field Engineering.doc Rev. 07/01 SECTION 01220 .r PROGRESS MEETINGS 1 . 1 SCOPE A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and r CONTRACTOR . 2 , Other Meetings : On call . B . Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . .. D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR +` B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . .. C . ENGINEER . D . OWNER' S representative , if required . E . Utility Representatives ,. F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . " 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . + + END OF SECTION + + 01220- 1 01220 Progress Meetings F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01220 - Progress Meetings. doc rrr SECTION 01720 RECORD DOCUMENTS 1 . 1 GENERAL A . Maintain and provide the ENGINEER with record documents as specified w. below , except where otherwise specified or modified in Divisions 2 - 16 or the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain in CONTRACTOR' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . .. 4 . Do not use record documents for any other purpose and do not remove them from the field office . .. C . Recording : 1 . Label each document " PROJECT RECORD " in 2 -inch high printed letters . 2 . Keep record documents current . .. 3 . Do not permanently conceal any Work until required information has been recorded . �• 1 . 2 RECORD DRAWINGS During the entire construction operation , the CONTRACTOR shall maintain +r records of all deviations from the Drawings and Specifications and shall prepare therefrom " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . The following items are required to be shown on County project record drawings : 1 . Right-of-way Swale/Drainage — All culvert inverts ; inlet grate and bottom elevations ; Swale beginning and end bottom elevations ; and highs and lows along top of bank. Size of swale . 2 . Pipe Culvert/PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , weir box elevations , weir elevation , and sizes . +� 01720- 1 01720 Record Documents FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents .doc err r rrr 4 . Roadway/Off Site Drainage — All inverts ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Elevations of PVI at Profile Grade Line ( PGL ) . b . Edge of pavement elevations at curb inlets . c . Survey Control : Install/re-establish new roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all intersections and side streets . Latitude , departure and elevations for all control points . d . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point(s ) destroyed and/or disturbed during the scope of the project shall be properly re-established as per r` standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s ) shall be .. notified in writing of disturbance and re-establishments . e . Stations and offsets , all structures . 1 . 3 AS - BUILTS A . CONTRACTOR shall submit marked up Record Drawings to the OWNER . ENGINEER will input As- Built information on Electronic Drawing files . B . OWNER shall deliver to CONTRACTOR seven (7 ) sets of As- Builts plotted from electronic files with the marked up Record Drawings . C . CONTRACTOR' s surveyor shall review , sign and seal As- Builts or Record drawing (s ) . Said drawing (s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional .r Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As- Built/Record surveys CONTRACTOR shall return marked up Record Drawings and six (6 ) sets of signed and sealed As- Builts to OWNER . 01720-2 01720 Record Documents n. FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents . doc rw rrr D . All Record Drawings are subject to review and approval by County Surveyor. E . Payment for Record Drawings , Review of Electronic As- Builts and signing and sealing As- Builts shall be made under: Pay Item No . 108- 1 — Record Drawings — Lump Sum " 1 AACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As- Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . 1 . 5 SUBMITTAL Upon Substantial Completion of the Work , deliver Record Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received by ENGINEER . + + END OF SECTION + + .. .r 01720-3 01720 Record Documents FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents.doc o DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 • REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\DIVISION 1 GENERAL REQUIREMENTS.doc 1i AV do SECTION 01009 SPECIAL PROVISIONS aw 1 . 1 GENERAL .. A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC-6 . 02 . .. C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : .4550 41St Street , at the CONTRACTOR' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR' s expense . .. D . In addition to these Specifications all work must comply with the requirements of the local governing agency , St . Johns River Water Management District , Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control .r District , and all other applicable State or Federal agencies' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . Adjacent property owners at time of bidding are listed below. r 01009- 1 01009-Special Provisions FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01009 - Special Provisions .doc low go r. SECTION 01024 FORCE ACCOUNT 1 . 1 General CONTRACTOR shall furnish all labor, materials , equipment and incidentals necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . The value of force account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 00 16-01024 - Force Account 01024- 1 rrr F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01024 - Force . Account.doc w SECTION 01050 FIELD ENGINEERING AND LAYOUT w 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor. B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . w C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , .. grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by ,., the CONTRACTOR . Do no excavation or embankment work until all cross- sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . .. H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR r. A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR Is acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 1050- 1 01050 Field Engineering F :\Public Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01050 - Field Engineering .doc ar er �r ' r B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR' s work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. " D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper . 1_3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications . + + END OF SECTION + + ., 1050-2 01050 Field Engineering F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01050 - Field Engineering .doc ow SECTION 01091 ow REFERENCE STANDARDS 1 . 1 GENERAL �. A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , .r specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association 4W AWS American Welding Society .. FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01091 - Reference Standards.doc >rr CRSI Concrete Reinforcing Steel Institute FDEP/ DEP Florida Department of Environmental Protection .r NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration •r� PCI Prestressed Concrete Institute FDOT/ DOT Florida Department of Transportation U . L . , Inc . Underwriter's Laboratories , Inc . •r SSPC Steel Structures Painting Council SJRWMD St , Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . + + END OF SECTION + + 01091 -2 01091 Reference Standards FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01091 - Reference Standards.doc �.r aw SECTION 01215 GENERAL QUALITY CONTROL 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated .. throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS ow A . Residual OWNER Responsibility : The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . .. B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections ow of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing ow program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended .. to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . +w 1 . 3 QUALITY ASSURANCE A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . 1A PRODUCT DELIVERY- STORAGE - HANDLING aw Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses ( and resulting delays ) , thereby ensuring highest quality results as the performance of the work "' progresses . Control delivery schedules so as to minimize unnecessary long -term storage at the project site prior to installation . 4M 01215- 1 01215 General Quality Control F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01215 General Quality.doc 40 rr 1W 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS A . The CONTRACTOR shall make provisions , at his expense , for video tapes of all work areas just prior to construction , and for unusual conditions during construction . The videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction. B . Pre - Construction Video : 1 . Contractor shall provide the Owner with a video record and one copy of the existing conditions prior to construction . This video shall be a standard VHS cassette format , and shall be narrated . 2 . The video shall include , but not be limited to , the following items shown in a clear manner: 1° 1 ) All existing features within the right-of-way . 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre-existing damages physical features shall be shown . The coverage of the video should include the limits of effects of the use of vibratory rollers . 9 ) This video record shall be presented to the Owner within 30 days of the ., Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . + + END OF SECTION + + +. 01215-2 01215 General Quality Control F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01215 General Quality.doc rr am SECTION 01310 CONSTRUCTION SCHEDULES 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an o, approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the ow commitments of the CONTRACTOR's schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES AV When the ENGINEER requires the CONTRACTOR to submit revised (updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . .. B . Show changes occurring since the previous submission listing : 1 . Major changes in scope . 2 . Activities modified since the previous submission . +� 3 . Revised projections of progress and completion . 4 . Other identifiable changes . .. C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . .. 01310- 1 01310 Construction Schedule F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01310 - Construction Schedules .doc +r rrl► rr 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER B . In the cover letter , instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . + + END OF SECTION + + r. �r 01310-2 01310 Construction Schedule FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01310 - Construction Schedules.doc 1� W# +r. +r SECTION 01340 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA, AND SAMPLES 1 . 1 SCOPE A . Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Section 6 . 17 of the General Conditions , Section 01330 , and as described in this Section . 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor, supplier, or distributor, which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Section 01330 . w B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract m Drawings . 1 . 3 PRODUCT DATA O. A . Product data are manufacturer' s standard schematic drawings and manufacturer' s catalog sheets , brochures , diagrams , schedules , to performance charts , illustrations , and other standard descriptive data . Product data are further defined in Section 01330 . dw B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent materials , products , or models . 1 . 4 SAMPLES .. Samples are physical examples to illustrate materials , equipment , or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Section 01330 . aw Last revised 7/ 17/01 0016-01340 Submittal of Shop Drawings 01340- 1 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings .doc {rr 1 . 5 CONTRACTOR' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . ` B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract " Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine r" that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTORS responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER10 assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents , 2 . Incomplete or inadequate submittals will be returned for revision without review. C . The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals . The CONTRACTOR shall approve the shop drawings based on his in -the-field , . measurements , prior to submittal to the ENGINEER for his review . D . Notify the ENGINEER , in writing at the time of submission , of deviations in .. submittals from the requirements of the Contract Documents , The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the •� ENGINEER's review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed . Last revised 7/17/01 0016-01340 Submittal of Shop Drawings 01340-2 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings .doc r r 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER' S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County Michael D . Nixon , P . E . " 1840 25th Street Vero Beach , FL 32960 B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : 1 . OWNER'S Name 2 , Project Name . . 3 . Contract Number 4 . Transmittal Number 5 , Section Number .w D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : [The remainder of this page has been left blank intentionally] aw Last revised 7/17/01 0016-01340 Submittal of Shop Drawings 01340-3 M, FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings.doc w� rr CONTRACTOR SUBMITTALS 41ST STREET IMPROVEMENTS FROM 61ST AVENUE TO 47TH AVENUE INCLUDING KINGS HIGHWAY INTERSECTION AND 47TH AVENUE TO 38TH AVENUE INCLUDING 43RD AVENUE INTERSECTION SUBMITTAL NO , Contractor : Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re-Submittal .w ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub- Contractor: Remarks : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Reviewing Agency : (As checked below) Date Received Date Returned No . Copies Ret' d ❑ I R C Engineering Div . ,w ❑ I R C Utilities Services Remarks : .,. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Recd from Contractor Michelle A . Gentile , CET Date Ret'd to Contractor 184025 th Street No , Copies Ret'd Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File .. Last revised 7/17/01 0016-01340 Submittal of Shop Drawings 01340-4 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings.doc �w ..r E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six (6 ) copies of all submittals that are on 11 - inch by 17 - inch or smaller sheets ( no less than 8 1 /2 -inch x ' 11 - inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 174ch . H . After ENGINEER completes his review , Shop Drawings will be marked with one of the following notations : aw 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved dw I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three (3 ) prints or copies of the submittal will be returned to CONTRACTOR . ow J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order, ship or fabricate the materials „„ included on the submittal , provided it is in accordance with the corrections indicated . K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon �• and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " .. L . If a submittal is unacceptable , three (3 ) copies will be returned to CONTRACTOR with one of the following notations . 1 . " Revise and Resubmit" ow 2 . " Not Approved " Last revised 7/ 17/01 0016-01340 Submittal of Shop Drawings 01340-5 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings .doc VW M . Upon return of a submittal marked " Revise and Resubmit" , make the •• corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . O . Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P . ENGINEER will review and process all submittals promptly , but a reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop , Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER' S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . R . Close Out Submittals : Refer to Section 1810 for specific general requirements on the submittal of closeout information , materials , tools , and similar items . + + END OF SECTION + + Last revised 7/ 17/01 0016-01340 Submittal of Shop Drawings 01340-6 rr FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01340 Submittal of Shop Drawings.doc r aw SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 'w 1 . 1 SCOPE .. A . Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . r. 1 . 2 RESPONSIBILITY im A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . Be All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and .. efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . •• C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their ow improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of s' failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES ow A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction '" purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . "m 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . tw 4 . When temporary water service is no longer required , remove all temporary water lines . r 0016-01520 - Construction Facilities 01520- 1 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01520 - it Construction Facilities .doc rrr err SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . " 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . 1 . 4 SECURITY Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract . In dry weather, spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES •. Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for +� temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . .r + + END OF SECTION + + 0016-01520 - Construction Facilities 1' 01520-2 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01520 - Construction Facilities .doc • W SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR' S actions shall .. include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the AW Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather, theft , breakage , or otherwise . +W 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused • by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for 1W temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or ow on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS dw Where Work is performed on or adjacent to any roadway , right-of-way , or public ow place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset ,r„ to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR' s ,., responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . . . 0016-01541 - Protection of Property 01541 - 1 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-01541 - Protection of Property.doc SECTION 01541 " PROTECTION OF THE WORK AND PROPERTY 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . Be Do not store or park materials or equipment within the drip line . C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from . mechanical damage and damage by erosion , flooding , run -off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. .r I . Coordinate Work in this Section with requirements of other sections herein . 1_4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of Kings Highway and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality . The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way . 0016-01541 - Protection of Property 1W 01541 -2 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-01541 - Protection of Property.doc MW SECTION 01541 PROTECTION OF THE WORK AND PROPERTY .. 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . 2 . All underground structures known to ENGINEER except service .. connections for water, sewer , electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or •• complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the ••r OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only . Finding the .. actual location of any existing utilities is the CONTRACTOR' s responsibility and shall be done before it commences any work in the vicinity . Furthermore , the CONTRACTOR shall be fully responsible for any and all �■ damages , which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR' s operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility , contact the utility AW company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/restore utility service to the satisfaction of the appropriate utility . .r Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , ,,w the CONTRACTOR shall notify the owner or occupant , both before the interruption (24- hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR 1W shall obtain permission from their owner , or shall make suitable arrangement for their disconnection by their owner. 0016-01541 - Protection of Property 01541 -3 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-01541 - Protection of Property.doc SECTION 01541 r" PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work , which shall be paid for under the provisions of Article 11 of the General Conditions . .. B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground .r surface . Included with such structures are their foundations and any extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , •► piping , poles , wires , posts , signs , markers , curbs , walks and all other facil . ities that are visible above the ground surface . C , Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the OWNER of the damaged structure . .r D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original .� condition at CONTRACTOR' S expense . 0016-01541 - Protection of Property 01541 -4 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-01541 - Protection of Property.doc .. SECTION 01541 PROTECTION OF THE WORK AND PROPERTY .. 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES so A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e .r. encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has MW been prepared from the most reliable data available to the Engineer. This information is not guaranteed , however, and it shall be this CONTRACTOR' s responsibility to determine the location , character and depth of any existing .r utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . r 17 ADJUSTMENTS OF UTILITY CASTINGS , COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . + + END OF SECTION + + r .. 0016-01541 - Protection of Property 01541 -5 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41 st St Contract Docs\0016-01541 - Protection of r Property.doc SECTION 01550 �► ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS 1 . 1 GENERAL A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER's operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. ., 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS r A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment. 01550 Access Roads 01550- 1 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01550 - Access Roads .doc r AW SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS &. B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer . All cleanup shall be the responsibility of the CONTRACTOR . .r C . All trucks/moving equipment shall have backup warning horns in proper working order while on the job site . + + END OF SECTION + + +r MW .. 01550 Access Roads 01550-2 ' F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01550 - Access Roads .doc on w SECTION 01610 *■ TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer' s original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . 0016-01610 - Transportation and Handling of Materials and Equipment rr 01610- 1 FAEngineering\Capital Projects\0016 & 0236- 41 st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01610 - Transportation and Handling of Materials and Equipment.doc r r wr SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly . G . Immediately on delivery , inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . C . Handle products by methods to prevent bending or overstressing . •• D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . + + END OF SECTION + + 0016-01610 - Transportation and Handling of Materials and Equipment 01610-2 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01610 - Transportation and Handling of Materials and Equipment.doc rrr r �r SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT .r 1 . 1 GENERAL A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment , and materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . .. F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . r. G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material ' F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01611 - Storage of Materials .doc �r ur r SECTION 01630 SUBSTITUTIONS ow 1 . 1 GENERAL A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , " Substitutes and Or- Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 . 2 CONTRACTOR' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator, supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR' s option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condk tions , include in the request the following : 1 . For products or manufacturers : r a . Product identification , including manufacturer's name and address . 01630- 1 01630 Substitutions F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01630 - Substitutions .doc b . Manufacturer's literature with product description , performance and test data , and reference standards . c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . C . In making Request for Substitution , CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial ., revision of the Contract Documents , 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by .. a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that .� specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . 01630-2 01630 Substitutions FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01630 Substitutions. 0- c- r 3 . If the substitution will not require a more extensive review , Engineer will proceed with the review without additional cost to CONTRACTOR . 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR' s expense . Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse r„ the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER' s hourly rate for review is $ 125 per hour. The ENGINEER' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . I . Engineer will be allowed a reasonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR .. shall not order, install , or utilize any substitution without either an executed Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR' s expense a special ., manufacturer' s performance guarantee (s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby . Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and r• Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630-3 01630 Substitutions F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01630 - Substitutions .doc irr SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor, equipment , appliances , and materials required or necessary to •� clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , .. surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR's operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and r 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway , roadside , and landscaping work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710- 1 FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01710 - Site Cleanup.doc wr G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or , property and which will not damage the surfaces . Use cleaning materials .. only on those surfaces recommended by the manufacturer. Follow the manufacturer' s directions and recommendations at all times . .. I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule .. construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + 01710 Site Cleanup 01710-2 wr FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01710 - Site Cleanup.doc SECTION 01720 RECORD DOCUMENTS r 1 . 1 GENERAL r A . Maintain and provide the ENGINEER with record documents as specified below , except where otherwise specified or modified in Divisions 2- 16 or the Supplementary Conditions . B . Maintenance of Documents : 1 . Maintain in CONTRACTOR' s field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , approved Shop Drawings , samples , photographs , Change Orders , other , modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR' S Work . 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . C . Recording : .. 1 . Label each document " PROJECT RECORD " in 2 -inch high printed letters . 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been .r recorded . 1 . 2 RECORD DRAWINGS During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall •' prepare therefrom " record " drawings showing correctly and accurately all changes and deviations from the work , made during construction to reflect the work as it was actually constructed . The following items are required to be .. shown on County project record drawings : 1 . Right-of-way Swale/Drainage — All culvert inverts ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . 2 . Pipe Culvert/ PVC Sleeves — All. inverts , stations and offsets . 3 . Outfalls — All pipe inverts , weir box elevations , weir elevation , and sizes . 01720- 1 01720 Record Documents F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents .doc r r 4 . Roadway/Off Site Drainage — All inverts ; manhole top elevation ; grate top elevations . 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . 6 . Roadway : a . Elevations of PVI at Profile Grade Line ( PGL ) . b . Edge of pavement elevations at curb inlets . c . Survey Control : Install/re-establish new roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all intersections and side streets . Latitude , departure and elevations for all control points . d . Either if shown on plans or not : Any Public Land Corner or Governmental Survey Control point(s ) destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly . Said Governmental agency(s ) shall be notified in writing of disturbance and re-establishments . e . Stations and offsets , all structures . 1 . 3 AS - BUILTS A . CONTRACTOR shall submit marked up Record Drawings to the OWNER . ENGINEER will input As- Built information on Electronic Drawing files . B . OWNER shall deliver to CONTRACTOR seven (7 ) sets of As- Builts plotted from electronic files with the marked up Record Drawings . C . CONTRACTOR' s surveyor shall review , sign and seal As- Builts or Record drawing (s ) . Said drawing (s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by Florida Statutes , Administrative code and Minimum Technical Standards for As- Built/Record surveys CONTRACTOR shall return marked up Record Drawings and six (6 ) sets of signed and sealed As- Builts to OWNER . .. 01720-2 01720 Record Documents FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents .doc r ■o D . All Record Drawings are subject to review and approval by County Surveyor. E . Payment for Record Drawings , Review of Electronic As- Builts and signing and sealing As- Builts shall be made under: Pay Item No . 108 - 1 — Record Drawings — Lump Sum 1 A ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . 1 . 5 SUBMITTAL Upon Substantial Completion of the Work , deliver Record Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received by r. ENGINEER . + + END OF SECTION + + 01720-3 01720 Record Documents r FAEngineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-01720 - Record Documents .doc r dw DIVISION 2 TECHNICAL PROVISIONS Section No . Title aw STANDARD SPECIFICATIONS 1 MOBILIZATION 2 MAINTENANCE OF TRAFFIC 3 EROSION AND WATER POLLUTION CONTROL 4 CLEARING AND GRUBBING f 5 EARTHWORK 7 STABILIZING 8 " COQUINA SHELL BASE 8 TYPE ' B ' STABILIZATION 9 - 11 TYPE S ASPHALTIC CONCRETE 12- 13 TURNOUT AND DRIVES CONSTRUCTION 15-24 INLETS , MANHOLES AND JUNCTION BOXES r. 25-44 PIPE CULVERTS AND STORM SEWERS 45-46 FLASHBOARD RISERS as 4749 CONCRETE ENDWALLS 50 CONCRETE RETAINING WALL 51 HANDRAIL 52- 53 CONCRETE CURB AND GUTTER AND SIDEWALK 54-55 SODDING 100- 113 PAVEMENT MARKINGS so 114 2 " PVC CONDUIT 115 PULL BOXES r. 200 -204 WATER AND SEWER UTILITIES F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016- DIVISION 2 TECHNICAL PROVISIONS Table of Contents.doc TECHNICAL PROVISIONS STANDARD SPECIFICATIONS All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2004 , and Supplements thereto as noted in the Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc , may refer to the " Owner ' , " Department" , " State of Florida Department of Transportation " , or words relating to offices of State Government , such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word Resident Engineer appears , it shall be taken to mean an authorized representative of the Owner' s Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian River County , assigned to observe the progress quantity and quality of the work. ..� 1 . MOBILIZATION Perform preparatory work and operations in mobilizing for beginning work on the project , including , but not limited to , those operations necessary for the movement of personnel , equipment , supplies , and incidentals to the project site , and for the establishment of temporary offices , buildings , safety equipment and first aid supplies , and sanitary and other facilities . Include the costs of bonds and any required insurance and any other preconstruction expense necessary of the start of the work , excluding the cost of construction materials . Payment shall be made under: Item No , 1 Lump Sum •r 21 . MAINTENANCE OF TRAFFIC A . General : Work under this section consists of maintaining traffic within the limits of the project for the duration of construction in accordance with the U . S . Department of Transportation ' s Manual On Uniform Traffic Control Devices ( MUTCD ) 2000 Edition , FDOT Index 600 Series and FDOT Standard Specification Section 102 . The purpose of the Traffic Control Plan , presented in the roadway construction plans , is to depict the concept of feasible construction sequencing and maintenance of traffic . The Contractor may submit to the Engineer an alternate plan for review and approval , one week prior to the preconstruction conference . The Traffic Control Plan indicates typical signing , marking and barricade locations and types . Additional details are found in the MUTCD , FDOT Index (600 Series ) and Standard Specifications , The Contractor shall install only new .. TCP signs and shall be Engineer grade . TECBMCIAL PROVISION TP - 1 ■r ar dw B . Compensation : All compensation for maintenance of traffic including barricades (Type II ) , Barricades (Type III ) , Temporary Pavement, Off- Duty Police or Sheriff Deputy, Concrete Barrier (Temporary) and vertical panels boards , shall be lump sum . This shall include all items and services necessary for the safe maintenance of traffic within the project limits . This shall include , but not be limited to , flaggers , construction and advisory signing , detours , temporary retaining systems , embankment , base material , asphaltic concrete , striping , cones , maintenance of pavement , asphaltic concrete curb , stormwater removal , temporary drainage structures and pipe , pumps , commercial material for driveway maintenance , flashing arrow boards , high intensity flashing lights , removable and temporary pavement markings , and temporary reflective •• pavement markers , temporary pavement , for maintenance of traffic . C . Non -Compliance : Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern , the contractor shall have until the end of the working day , in which notification is given , to take action to modify the maintenance of traffic . Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied . D . Traffic will be maintained in the east-west direction at all times . E . Payment shall be made under: Item No . 2- Maintenance of Traffic - Lump Sum Item No . 400 — Off Duty Law Enforcement — Lump Sum 3 , EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE PART 1 — GENERAL 1 . 1 SCOPE A . This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution control measures shall prevent turbid or otherwise polluted .. waters from being discharged from the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area . TECHNICIAL PROVISION TP -2 r err C . The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project' s construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary , in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , included herein in Appendix " B " . D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section . Alternatively , the OWNER may halt the CONTRACTOR' s operations until the CONTRACTOR is in full compliance with this Section . If the OWNER . halts the CONTRACTOR' s work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual , included herein .. in Appendix " B . " If there is a conflict between the referenced Chapter 4 and these Specifications , the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A . The OWNER has obtained certain permits for this project and they are listed in paragraph SC-6 . 08 of the Supplementary Conditions . Per paragraph SC-6 . 08 . B of the Supplementary Conditions , the CONTRACTOR shall apply for, obtain , and pay for all other required permits and licenses . This may include but not be limited to : 1 . Long-term or short-term dewatering permit as required by the St . Johns River Water Management District (SJRWMD ) . Contact SJRWMD at (321 ) 9844940 to determine which permit is required and the associated statutory requirements ; and 2 . The State of Florida Generic Permit for Stormwater Discharge From .. Large and Small Construction Activities . Contact the Florida Department of Environmental Protection ( FDEP ) at (866 ) 336-6312 (toll free ) or (850 ) 245-7522 or .r www . dep . state .fl . us/water/stormwater/npdes/ B . Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall 4W govern . TECHNICIAL PROVISION TP -3 r rr 1 . 3 GENERAL r A . Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved dw plans and approved for use by the OWNER and applicable permitting authorities . �• B . From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at any .. time , the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications . C . Schedule construction to minimize erosion and stormwater runoff from the construction site . Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . D . Inspect each pollution control system at least once per day . Clean and maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving waters , nor cause injury to the public health or to public or private property, nor to the Work completed or in progress . The receiving point for water from construction operations shall be approved by the applicable regulatory agency and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 . 4 SUBMITTALS A . Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Article 6 . 17 of the General Conditions . B . Stormwater Pollution Prevention Plan . TECHNICIAL PROVISION TP -4 i irr 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR DESIGN INSTALLATION , AND MAINTENANCE A . Site-specific design of the erosion and stormwater pollution control system , and installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State certified erosion control specialty subcontractor who specializes in the design , installation , and " maintenance of such devices . After installation , this subcontractor shall maintain the erosion and stormwater pollution control devices until the devices are no longer necessary . (Note : The CONTRACTOR may install and maintain the erosion and stormwater pollution control system under the direction of the State certified erosion control specialty subcontractor. ) Before beginning construction , submit to the ENGINEER for review , a Stormwater Pollution Prevention Plan , prepared by the State certified erosion control subcontractor. Construction shall not begin until the Stormwater Pollution Prevention Plan has been submitted to the ENGINEER . The CONTRACTOR shall complete the certification provided at the end of this Section and it shall be a part of the Stormwater Pollution Prevention Plan . 1 . 6 " POLLUTION " AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A . Except as may be defined otherwise in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , " pollution " is the presence in off-site waters of any substances , contaminants , or manmade or human -induced impairment of waters or alteration of the chemical , physical , biological , or radiological integrity of water in quantities or at levels which are or may be potentially harmful or .r injurious to human health or welfare , animal or plant life , or property . Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , construction chemicals , and construction debris . ., Be When the Discharge is Directly Into an Existing Water Body , Pollution Occurs When . . . An existing water body ( including ditches and canals ) is defined to be polluted by the CONTRACTOR' s operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR' s discharge point(s ) is 29 nephelometric turbidity units ( NTUs ) higher than the turbidity of the 'background water upstream of the discharge point( s ) . [See Fla . Administrative Code 62-302 . 530] The ENGINEER or OWNER shall determine the locations where the turbidity is measured . C . When the Discharge is not Directly Into an Existing Water Body , Pollution Occurs When . . . In some instances , dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly , such as after traveling through pipes or by overland flow . Before construction commences , the OWNER or ENGINEER will measure background levels of total suspended solids (TSS ) and turbidity , in the TECBMCIAL PROVISION TP -5 r ar immediate vicinity of the discharge water' s ultimate discharge point into the receiving water body. If the discharge water' s TSS and turbidity ., measurements exceed these pre-construction background values by 29 NTUs for turbidity , then the discharge from the CONTRACTOR' s operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge is defined to be polluted whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity, (2 ) Any petroleum product or by- product in any quantity , (3 ) Any chemical in any quantity, or (4 ) Concentrated pollutants . E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in any way, limit the .r types of conditions in which pollution may be determined to occur. 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION �., A . In addition to the OWNER' s other remedies listed herein , if the CONTRACTOR fails to comply with this Section and erosion or pollution is caused by dewatering water or stormwater runoff from the construction ., site , the OWNER will report the violations to the Indian River County Code Enforcement Board , SJRWMD , Indian River Farms Water Control District (or other F . S . Chapter 298 Drainage District , as appropriate ) , and other .. pertinent regulatory or enforcement agencies . PART 2 MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Staked Silt Fences : 1 , General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture' s recommendations and as .r specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric . All supporting .. posts shall be on the down -slope side of the fencing . Place the bottom of the fabric 6- inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Otherwise , install in accordance with FDOT Index No . 102 . 3 , Removal : Contractor is responsible for removal of silt screens . 4 . Product : All material shall be new and unused . Use FDOT Type IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal ) or steeper, or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . (a ) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence . U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre-attached to 48- inch long stakes on 6-foot centers . ( 1 -800-448-3636 ) . TECHNICIAL PROVISION TP -6 ■r ( b ) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No . 102 . (c) Or equivalent . „ Be Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc . 2 . Installation : Install per the manufacturer' s recommendations and per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 , Removal : Contractor is responsible for disposal of turbidity barriers . 4 . Product: All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a . Parker Systems , Inc. ( 1 -866472-7537 ) , model Type I . b . Or equivalent . C . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt , sediment , and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double-needle machine , using a high strength nylon thread . The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency , do not use limerock aggregate . 3 . Product: The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc . ( 1 -800448-3636 ) . b . " DANDY DEWATERING BAG " supplied by Dandy Products , Inc . ( 1 -800-591 -2284 ) . C, Or equivalent. D . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Removal : The filtration devices shall become the property of the OWNER upon completion of the project . When they are no longer needed , carefully remove and clean the filtration devices and contact Indian River County Road and Bridge Division (772-5085 ) , which will provide a truck to pick them up . Load the filtration devices onto the County truck . TECHNICIAL PROVISION TP -7 rr 4 . Product : All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening . a . "GUTTERBUDDY , " supplied by ACF Environmental , Inc . ( 1 - 800-448-3636 ) . b . Or equivalent . E . Catch Basin Protection : ,. 1 . Filter stormwater before it enters catch basins (drop inlets ) . The "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double- needle machine , using a high strength nylon .. thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features : two dump straps attached at the bottom to facilitate emptying ; lifting .. loops as an integral part of the system to be used to lift the sack from the basin ; and a yellow restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls . The aw yellow restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer' s specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER . 3 . Removal : The Contractor will be responsible for removal of all filtration devices . 4 . Product: All materials shall be new and unused . a . "SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc . ( 1 -800-448-3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 -800-579-8819 ) . C , Or equivalent . F . Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s ) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash -down stations as required to wash vehicle tires and retain all washwater on-site . G . Rock and Stone for Erosion Control and Pollution Control and Treatment : 1 . Crushed Limerock: Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non -calcareous aggregate ( usually .. granite ) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . A„ H . Hay Bales : Hay bales shall not be used . TECHNICIAL PROVISION TP -8 PART 3 EXECUTION A . Design , construct , and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities . PART 4 COMPENSATION A . All payment for the above items shall be made under: Item No . 3 — Erosion & Turbidity Control — Lump Sum [The remainder of this page was left blank intentionally] TECHNICIAL PROVISION TP -9 • Aw CONTRACTOR' s CERTIFICATION REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER Aw AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) AW STATE OF COUNTY OF Aw Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he or she is the CONTRACTOR with whom Indian River County , Florida , a "' political subdivision of said state , did on the day of , 20 , enter into a contract for the performance of certain work , more particularly described as follows : dw 41ST AND 43RD AVENUE IMPROVEMENT PROJECT INDIAN RIVER COUNTY PROJECT #0016 & 0236 UNDER PENALTY OF PERJURY , affiant further says that he or she understands and shall comply with , the terms and conditions of the following : Aw 1 . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities , 2 . The Stormwater Pollution Prevention Plan , 3 , Section 02225 of the Specifications - Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site , 4 . The St . Johns River Water Management District permit, and 5 . All Codes and Ordinances of Indian River County . ( Corporate Seal ) ( Contractor) �. By : Aw Subscribed and sworn to before me this day of , 20 .. Notary Public State of Florida at Large My Commission expires : dw + + END OF SECTION + + TECHNICIAL PROVISION TP - 10 4W rrs 4 . CLEARING AND GRUBBING A Payment for Clearing and Grubbing shall include compensation for: the ` removal and disposal of asphaltic concrete and existing concrete pavement , concrete , sidewalks , curbing , abandoned utilities ( including i pipes , cables , conduit and structures ) , existing walls , riprap , various types of fences , septic tanks , drain fields , pump stations , motor boxes , pumps , irrigation apparatus , base material , trimming of trees and shrubs , drainage structures , pipe , backfilling the removal excavations , plus all other items necessary to be removed to construct the project . All non -salvageable materials removed shall remain property of the Contractor unless otherwise directed by the Engineer or Owner. All unwanted materials shall be removed and suitably disposed of by the Contractor outside the project limits . Any salvage value received from the removed materials shall be reflected in the Contractor' s proposal . Be Clear and grub within the entire limits of the right-of-way except in specific areas designated by the Engineer to remain for aesthetic purposes . C . Existing and temporary asphaltic pavement and excess subsoil shall be disposed of outside the project by the Contractor , at a location and in a manner approved by the Engineer. D . Removal of existing pavement includes all removal and disposal of the .. asphalt within the limit shown on the plans . Existing artesian and non -artesian water wells located within the limits of the proposed roadway improvements shall be grouted and sealed in accordance with St . Johns River Water Management District Chapter 40C- 31 F . A . C . .. Cost of mailboxes shall include all labor to furnish and install and relocate due to construction phasing and materials required . G . Payment shall be made under: Item No . 4 - Clearing and Grubbing — Lump Sum .. 5 . EARTHWORK A . Earthwork , including earthwork for drives outside the right-of-way limits , shall be paid for as excavation and embankment . Cost shall include all work specified in this section and Section 120 of the Standard •. Specifications . Such price and payment shall specifically include all cost of any roadway , retention area or swale , and final dressing operations in accordance with Section 120- 13. 3 . ` Be Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . •� TECHNICIAL PROVISION TP - 11 r AW C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil '� excavation . Approximately 2 . 0 ft of subsoil excavation is required in ditches located under proposed roadway and drainage culvert 40 improvements . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . Contractor will complete 40 his own quantities for excavation and embankment . D . Embankment - General Requirements for Embankment Materials : The s following is added after the first paragraph of Subarticle 120-7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile of soil , which contains obvious pockets of highly organic material , may be designated as muck or unsuitable for .. construction of subgrade by the Owner. Backfill material containing more than 2 . 0 % by weight of organic material , ,W as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . No A-8 material permitted in embankment. E . Payment shall be made under: „ Item No . 5 — Lump Sum 7 . COQUINA SHELL BASE A . Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used No additional payment will be made for base thickness in excess of the "' specified thickness Be Payment shall be made under: 4W Item No . 7 — 8 " Coquina Shell Base - Per Square Yard 8 . 12 " TYPE ' B ' STABILIZATION .. A . The work specified in this item shall conform to Section 160-2 of the Florida „r Department of Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition ) . Be Payment shall be made under: Item No . 8 — Per Square Yard TECHNICLU PROVISION TP - 12 .r 9 . SUPERPAVE ASPHALTIC CONCRETE A . The work specified in this item shall conform to Section 334- 1 of the Florida Department of Transportation Standard Specifications for Road �• and Bridge Construction ( Latest Edition ) . Included in this payment will be tack coat and bituminous materials ( Plant Mix) . No separate payment will be made for bituminous materials . No additional payment will be made for asphalt thickness in excess of the specified thickness �. Be Payment shall be made under: Item No . 11 — SP- 12 . 5 Leveling Course— Ton . Item No . 10 — SP-9-5 Asphaltic Concrete ( 1 " ) — Per Square Yard . Item No . 9 — SP- 12 . 5 Asphaltic Concrete ( 1 1 /2 " ) - Per Square Yard . 12 , TURNOUT AND DRIVEWAY CONSTRUCTION A . The cost of any bituminous material used in hot bituminous mix, Class I Concrete , form work , prime coat or tack coat , or any incidental labor or material shall not be paid for separately . Be Payment shall be made under: Item No , 12 Turnout Construction (Asphalt) - Square Yard Item No . 13 Turnout Construction (Concrete 6 " Thick) - Square Yard .. 15 . INLETS MANHOLES AND JUNCTION BOXES A . CURB INLET P1 , P21 P51 P69 P71 J7 AND J8 : Structure bottoms shall be constructed as per FDOT Index 200 . Inlet tops shall be constructed as per FDOT Index 210 , 211 , 212 and 282 . Be Payment shall be made under: Item No . 15 - Yard Drain - Per Each *� Item No . 16 - Inlet (Type C Ditch Bottom ) - Per Each Item No . 17 - Inlet (Type E Ditch Bottom ) - Per Each Item No . 18 - Inlet (Curb Type P- 1 ) (< 10 ' ) - Per Each .. Item No . 19 - Inlet (Curb Type P-2 )(< 10 ' ) - Per Each Item No . 20 - Inlet (Curb Type P-5 ) (< 10 ' ) - Per Each Item No . 21 - Inlet (Curb Type P-6 ) (< 10' ) - Per Each Item No . 22 - Manhole (Type 137 ) - Per Each Item No . 23 - Manhole (Type J7 ) - Per Each Item No . 24 - Conflict Manhole (Type J8 ) - Per Each 25 , PIPE CULVERTS AND STORM SEWERS (CONCRETE ) A . CONCRETE PIPE CULVERT (CLASS III ) : The concrete pipe culvert , Class III , shall be constructed in accordance with ASTM Designation C-76 , Class III , Wall Be Any select bedding needed to stabilize pipe to be #57 or #4 rock . Select bedding will be included in the cost of the pipe . TECEMCIAL PROVISION TP - 13 rr 4W Minimum bedding depth to be 18" and minimum width to be diameter of pipe . Cost of removal of unsuitable material beneath 18" bedding shall be paid for as subsoil excavation ( Earthwork) Item No . 5 . The work under this section shall include all materials , excavation , backfilling , tamping and disposal of surplus material . All required sheeting is to be included in the cost of pipe . Such price and payment shall be full compensation for all work in this section . The work specified in this item r shall conform to Section 430 and 443 . Payment shall be made under: .. Item No . 32 -Concrete Pipe Culvert ( Perforated 48 " x 76 - Per Linear Foot Item No . 33 -Concrete Pipe Culvert (48 " x 76 " ) - Per Linear Foot ow B . CONCRETE PIPE JOINTS : Subarticle 430-7 . 1 . 1 ( Page 384 ) is modified by the addition of the following : In addition to the rubber gaskets all round and elliptical concrete pipe other than side drains shall have wrapped filter fabric jacket joints . The joint between the pipe and the structure shall also have a filter fabric jacket . These joints shall conform to INDEX 280 and have a minimum wrapping width of 1 foot on both sides of the exposed AW joint . The fabric must be long enough to overlap the outer circumference of the pipe joint by a minimum of 1 foot . Metal strapping will be used on both sides of the circumference of the pipe joint to secure the fabric . 40 Other methods which will secure the fabric against the wall until the backfill is compacted will be considered for approval by the Engineer. The filter fabric shall be in accordance with Section 985 , and/or as modified by 4W these special provision , for subsurface drainage . Payment shall be made under the unit price for concrete pipe . C . PIPE CULVERTS AND STORM SEWERS : Subarticle 430- 12 . 1 The text 10 is deleted and the following substituted : "The quantities of pipe culvert to be paid for under this Section shall be the "' plan quantity in feet of concrete Pipe Culvert . Any additions or deletions thereto , as authorized by the Engineer, shall be determined by plan dimensions , final measurement , or any combination thereof, as measured 40 along the centerline of the completed and accepted pipe . " Pipe that has been patched significantly prior to delivery shall be grounds 4W for rejection of pipe . Lifting holes on pipe culverts shall be grounds for rejection of pipe . ASTM AW Specification C-76-85A and AASTM Specification M170-89 are modified by the following : Significant patching of pipe prior to delivery shall be grounds for rejection of pipe . The exposure of the ends of the longitudinal stirrups or spacers that have been used to position the cages during the placement of the concrete may be a cause for rejection by the Project Engineer. TECHNICIAL PROVISION TP - 14 During construction , the Contractor is to maintain the storm sewer void of ` any silting material . Prior to final acceptance the Contractor or Engineer shall inspect and certify that the storm sewer is free of any construction material or debris and operates in a functional manner. Contractor shall remove silt and other material from sewer at no cost to Owner. Payment shall be made under: ` Item No . 25 - Concrete Pipe Culvert ( 12 " x 18" ) - Per Linear Foot Item No . 26 - Concrete Pipe Culvert ( 12 " ) - Per Linear Foot Item No . 27 - Concrete Pipe Culvert ( 15" ) - Per Linear Foot Item No . 28 - Concrete Pipe Culvert ( 18 " ) - Per Linear Foot Item No . 29 - Concrete Pipe Culvert (24" ) - Per Linear Foot Item No . 30 - Concrete Pipe Culvert (30" ) - Per Linear Foot Item No . 31 - Concrete Pipe Culvert (36" ) Per Linear Foot Item No . 35 - Mitered End Section ( 12 " x 18" Pipe ) - Per Each Item No . 36 - Mitered End Section ( 18" Pipe ) - Per Each Item No . 37 - Mitered End Section (24" Pipe ) - Per Each 38 . UNDERDRAIN This pay item includes all materials , labor, excavation , backfilling , w. aggregate , filter fabric , tamping and disposal of all surplus materials for the installation of 4 " diameter underdrain , as shown on the plans . Payment shall be made under: Item No . 38 — Underdrain - Per Linear Foot 39 . BITUMINUS COATED CORRUGATED METAL The work specified in this item shall conform to Section 430 , 443 , 944 of the Florida Department of Transportation Standard Specifications for Road ` and Bridge Construction ( Latest Edition ) . Payment shall be made under: Item No . 39 — 15" BCCMP - Per Linear Foot Item No . 40 — 18" BCCMP — Per Linear Foot r• Item No . 41 — 18 " Perforated BCCMP — Per Linear Foot Item No . 42 — 24 " BCCMP — Per Linear Foot Item No . 43 — 24 " Perforated BCCMP — Per Linear Foot Item No . 44 — 36" BCCMP — Per Linear Foot Item No . 45 — Flashboard Risers (24" ) — Per Each Item No . 46 — Flashboard Risers (36" ) — Per Each 47 . CONCRETE ( ENDWALLS ) Payment shall be made under: Item No . 47 —Concrete ( Endwalls ) - Per Each Size Pipe 18 x 76 " RCP Item No . 48 —Concrete ( Endwalls ) - Per Each Size Pipe 24 " x 76 " RCP Item No . 49 —Concrete ( Endwalls ) - Per Each Size Pipe 48 " x 76" RCP TECHNICIAL PROVISION TP - 15 rr 50 . CONCRETE ( RETAINING WALL ) A . The work specified in this item shall conform to Section 548 of the Florida V Department of Transportation Standard Specifications for Road and Bridge Construction (2002 ) . Be Payment shall be made under: Item No . 50 — Class Concrete ( Retaining Wall ) — Per Cubic Yard 52 , CONCRETE CURB AND GUTTER A . The work specified in this item shall conform to Section 520 of the Florida • Department of Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition ) . Be Payment shall be made under: Item No . 52 — Concrete Curb & Gutter — Per Linear Foot 53 , CONCRETE SIDEWALK A . The work specified in this item shall conform to Section 522 of the Florida • Department of Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition ) . Be Payment shall be made under: Item No . 53 — Concrete Sidewalk — Per Square Yard • 54 . SODDING A . Description : Sod for the project shall be of the variety that is common to AW the area and of a variety approved by the Engineer. Where sodding an area in which previously had established grass the new sod shall be of the same variety as existing (Argentina Bahia or St . Augustine ) . This work .. shall also include mowing in accordance with Section 104-7 . 2 ( Page 129 ) , to be mowed at 6 " height with a mulching mower. Be Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project, right-of-way, easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required to assure a healthy stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing (less than 95 % of a square ) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , TECHNICIAL PROVISION TP - 16 shall be replaced within two weeks of notice from Owner or Engineer. All • replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months . All . replacement shall meet original specifications . The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . At the end of the guarantee period , all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . r The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , (2 ) available phosphoric acid and (3 ) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 164-8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the .. nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of •� sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the Owner, at his discretion , may authorize the elimination of ground preparation . F . Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . Contractor shall apply two (2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per • acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer' s specification . All tickets from bags shall be handed over to the County Inspector . On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . G . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . TECHNICIAL PROVISION TP - 17 r rr Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. ., Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to .. produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 Y2' below paved shoulder. On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . Sodding shall not be performed when weather and soil conditions are , in .r the Engineer's opinion , unsuitable for proper results . Sod shall be placed around all structures , equipment pads , etc . .. H . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed , the sod shall be kept in a moist condition to the full AW depth of the rooting zone for at least 2 weeks . Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance , whichever is latest) . I . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such 4W maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor' s negligence , carelessness or failure to provide routine maintenance shall be at the Contractor' s expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing . Clippings shall be removed from sidewalk . J . Article 575-5 ( Page 669 ) . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , disposal of clippings , water, tools , equipment , labor and all other incidentals necessary . M K . Payment shall be made under: Item No . 54 Sod ( Bahia ) - Per Square Yard Item No . 55 Sod ( Floratam ) - Per Square Yard TECHNICIAL PROVISION TP - 18 rr BID ITEM # 100 THROUGH 113 PAVEMENT MARKING A . Pavement markings are to conform to the Manual Of Uniform Traffic Control Devices , 2003 and the Indian River County Typical Drawings For Roadway Signing , Striping & Geometrics . All pavement markings are to consist of 90 mil extruded thermoplastic . Be Traffic Signs : All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to damage the signs . If any damage occurs , as determined by the Owner's Engineer or Resident .. Construction Inspector, the sign shall be replaced by the Contractor with no compensation . .r C . All reflective pavement markers shall be 4" x 4 " . D . Payment shall be made under: Item No . 100 Reflective Pavement Marker, Bi- Directional , Amber/Amber Per Each Item No . 101 Reflective Pavement Marker, Mono- Directional , White/ Clear — Per Each Item No . 102 Solid Traffic Stripe , Double 6" Yellow Thermoplastic — Per Linear Foot Item No . 103 Solid Traffic Stripe , Single 6 " Yellow Thermoplastic — Per Linear Foot Item No . 104 Solid Traffic Stripe , 6 " white Thermoplastic — Per Linear Foot Item No . 106 Solid Traffic Stripe , 12 " White Thermoplastic — Per Linear Foot Item No . 108 Solid Traffic Stripe , 24" White Thermoplastic — Per Linear Foot Item No , 109 Solid Traffic Stripe , 18 " Yellow Thermoplastic — Per Linear Foot Item No . 110 Skip Traffic Stripe , 6" Yellow 10' -30 ' Thermoplastic — Per Linear Foot Item No . 111 Skip Traffic Stripe , 6" White 6 ' - 10 ' Thermoplastic — Per Linear Foot Item No . 112 Skip Traffic Stripe , 6 " Yellow 6 ' - 10 ' Thermoplastic — Per Linear Foot Item No . 113 Directional Arrows Thermoplastic — Per Each , TECHNICIAL PROVISION TP - 19 AN BID ITEM # 114 - 2 " PVC CONDUIT And BID ITEM # 115 — PULL BOXES A . Two 2 " conduits shall be installed with all interconnect runs . B . Pull boxes containing interconnect are to be installed at 500 foot intervals marked ` TRAFFIC SIGNAL ' . Standard pull box shall be Polymer concrete with an inside dimension of not less than 12 " x 20 " x 12 "d . Use Quazite or equal . C . Fiber optic interconnect runs shall have a slack/splice box ( pull box with minimum dimension of 30 " x 48" x 24 "d ) at all signalized intersections . Slack/splice box intervals shall not exceed %2 mile . All slack/splice boxes shall contain a minimum of 50 feet of fiber optic cable slack. D . Payment shall be made under: AW Item No . 114 — 2 " PVC Conduit Schedule 40 — Per Linear Foot Item No . 115 — Pull Boxes — Per Each .. BID ITEM #200 THROUGH 204 WATER AND SEWER UTILITIES dw A . Water Utilities ,. The water utilities for this project shall be constructed per the " Indian River County Technical Specifications" , latest edition . This document can be purchased from Indian River County Utilities . Relocation of existing fire hydrants shall include the cost of all pipe , fittings , thrust blocks , retaining rods , trenching grading , and incidental •� items associated with relocation . B . Sewer Utilities 4M The sewer utilities for this project shall be constructed per the " Indian River County Technical Specifications " , latest edition . This document can 4W be purchased from Indian River County Utilities . C . General do All 16 " gate valves shall be horizontally mounted with side actuator D . Restrained Joints All exposed bolts , nuts & washers shall be 304 stainless steel . . TECHNICIAL PROVISION TP -20 MM .r E . Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center-line . Backfill shall be compacted in 6" lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders and 95 percent in easements , in accordance with AASATO T- 180 and D-2167 . F . Ductile Iron Pipe and Fittings 1 . General ., All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C- 151 and shall be Class 52 minimum . �. All exposed ductile iron pipe shall be Class 53 minimum . 2 . Fittings • All underground fittings shall be either bell and spigot , or mechanical joint . Mechanical joints shall conform to AWWA •• specification C110 (ANSI 21 . 10-87 ) , or latest revision . All exposed aboveground fittings shall be flanged joint . 3 . Bell and Spigot Connections Joints in bell and spigot pipe shall be push -on , mechanical , or restrained joints in accordance with AWWA Standard C- 111 (ANSI 21 . 11 -85 ) , or latest revision . Mechanical joint pipe set-screw type retainer glands will not be permitted . 4 . Flanged Connections .. Flanged pipe with screwed -on flanges shall be furnished with long hubs , and the flanges shall be screwed on the threaded end of the pipe in the shop , and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside . The back of the hub shall be caulked where the hub threads joint with the pipe . G . Disinfecting Potable Water Pipelines Before being placed in service , all potable water pipelines shall be , chlorinated in accordance with the latest edition of AWWA C-651 , " Standard Procedure for Disinfecting Water Mains" , except that the use of tablets is strictly prohibited . The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as • specified by the Florida Department of Environmental Protection , Water Distribution System Permit . Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required . . TECHNICIAL PROVISIONS H . Payment Shall Be Made Under: Aw Item No . 200 Valve Box Adjustment — each Item No . 201 Fire Hydrant Location — each 4w Item No . 202 Water Meter Relocation — each Item No . 203 Water Meter Assembly Relocation — each Item No . 204 Water Line Conflict Relocation — each + + END OF SECTION + + .. so .r An ur Am Aw .. +r TECHNICIAL PROVISIONS 22 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016- Technical Provisions.doc r SOIL BORINGS .r r r. .r .r .r 1 .r F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00430 Soil Borings .doc s 4W VOLUME II AW APPENDIX A - PERMITS AW Ow mw 1 F :\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00430 Appendix A Permits.doc rr do wk MP .b .. SlI3dow XI (IN3ddVo AW 1► � !I � � � 1 1 � � f 1 1 l 1 ! 1 ! 1 :� r *=J1 t . a ns ver Water Management District Kirby B . Green III , Executive Director • David W. Fisk, Assistant Executive Director .� 4049 Reid Street • P. O . Box 1429 • Palatka , FL 32178- 1429 • (386) 329-4500 On the Internet at www. sjrwmd. com. May 11 , 2005 OR( Indian River Countyu 1840 25th St M Vero Beach , FL 32960 INDIA � � � � 2005 NDIAN FiI vE � SUBJECT : Permit Number 40-061 -86744- 3 ENG"FNEERfNG D OUNTy 41 st Street , 58th Ave to 43rd Ave . SION Dear Sir/Madam : Enclosed is your standard permit as authorized by the staff of the St. Johns River Water Management District on May 11 , 2005 . •• This permit is a legal document and should be kept with your other important documents . The attached MSSW/Stormwater As- Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed . By so doing , you will enable us to .,, schedule a prompt inspection of the permitted activity . In addition to the MSSW/Stormwater As- Built Certification Form , your permit also contains conditions which require submittal of additional information . All information submitted as compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining permits from any federal , state and/or local agencies asserting concurrent jurisdiction for this work . Please be advised that the District has not published a notice in the newspaper advising the .. public that it is issuing a permit for this proposed project . Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the standard permit . If proper notice is given by publication , third parties have a 21 -day time limit on �.. the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party's right to challenge the issuance of the standard permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . .� In the event you sell your property , the permit will be transferred to the new owner , if we are notified by .you within thirty days of the sale and if you provide the information required by 40C- 1 . 612 , F . A . C . Please assist us in this matter so as to maintain a valid permit for the new property owner . .r GOVERNING BOARD Q rietrias D. Long, CHAIRMAN David G . Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstroer, TREASURER APOPKA JACKSONVILLE OCALA JACKSONVILLE +rr W. Michail :Branch John G. Sowinski William Kerr " Ann T. Moore Susan N . Hughes FERNANDINABEACH ORLANDO MELBOURNE BEACH BUNNELL JACKSONVILLE err ar ,rr �r rr► •r rr r s r AW Thank you for your cooperation , and if this office can be of any further assistance to you , please do not hesitate to contact us . Sincerely, Jo Ann Fuqua Service Center Data Mgt Supervisor Division of Permit Data Services Enclosures : Permit with As - built Certification Form .. Notice of Rights List of Newspapers for Publication .. cc : District Permit File Agent : Indian River County 1840 25th St Vero Beach , FL 32960 ■r r .rr r ■r �r r ■r r ■w rrr .r r rrr ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178- 1429 PERMIT NO . 40- 061 - 86744-3 DATE ISSUED : May 11 , 2005 PROJECT NAME : 41st Street , 58th Ave to 43rd Ave . A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by retention for 41 st Street , 58th Ave . to 43rd Ave . , a 9 . 33-acre project to be constructed as per plans received by the District on April 20 , 2005 LOCATION . Section ( s) : 28229 Township (s) : 32S Range (s) : 39E Indian River County r Indian River County 1840 25th St �. Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its Y. successors harmless from any and all damages , claims , or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof . This permit does not convey to permittee any property rights nor any rights or privileges other than those specified therein , nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate .. provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON . See conditions on attached " Exhibit A " , dated May 11 , 2005 aw AUTHORIZED BY : St . Johns River Water Management District Department of Resource Management r �. By: ( Service Center Director - Palm Bay) John Juilianna r r r rr rrr r rr .r .r` .r ■r s " EXHIBIT A " CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40- 061 -86744-3 INDIAN RIVER COUNTY .. DATED MAY 11 , 2005 1 . All activities shall be implemented as set forth in the plans , specifications and performance rw criteria as approved by this permit . Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit . �. 2 . This permit or a copy thereof , complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity . The complete permit shall be available for review at the work site upon request by District staff . The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit . 3 . Activities approved by this permit shall be conducted in a manner , which do not cause violations of state water quality standards . 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures ( best management practices ) required to retain sediment on - site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988) , which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit , in which case ,. the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan , the r. permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 5 . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas "w as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No . 40C-4 . 900 (3) ,. indicating the actual start date and the expected completion date . 7 . When the duration of construction will exceed one year , the permittee shall submit .r construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 40C-4 . 900 (4) . These forms shall be submitted during June of each year . 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook : Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved . Deed restrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior rrr err rr rr r rr r. .ir r r r r to lot or unit sales within the project served by the system , or upon completion of construction of the system , whichever occurs first . For those systems , which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity . Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for .. carrying out maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in .. accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law , utilizing As Built Certification Form 40C - 1 . 181 ( 13) or 40C - 1 . 181 ( 14) supplied with this permit . When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of +� as - built drawings submitted to the District . Submittal of the completed from shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on -site observation of construction (conducted by the �. registered professional engineer, or other appropriate individual as authorized by law , or under his or her direct supervision ) or review of as- built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As- built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as " as- built" or " record " drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor . The following information , at a minimum , shall be verified on the as-built drawings : 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions , and elevations of all filter , exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; .. 3 . Dimensions , elevations , contours , or cross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when aw appropriate ; 4 . Dimensions , elevations , contours , final grades , or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross -sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s) and the date determined ; and Elevation and location of benchmark(s) for the survey. 11 . The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above , the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant's Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , O. if different from the permittee . Until the permit is transferred pursuant to section 7 . 1 of the Applicant's Handbook : Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit . 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required . 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit . This permit does not convey to the permittee or create in the permittee any property right , or any interest in real property , nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other +� than those specified in the permit and chapter 40C-4 or chapter 40C-40 , F . A . C . 14 . The permittee shall hold and save the District harmless from any and all damages , claims , .. or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . r. 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373 . 421 (2) , F . S . , provides otherwise . 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which " the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of section 40C- 1 . 612 , F . A . C . The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any •• permit violations prior to such sale , conveyance or other transfer. 17 . Upon reasonable notice to the permittee , District authorized staff with proper identification , . shall have permission to enter , inspect , sample and test the system to insure conformity with the plans and specifications approved by the permit . 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 20 . This permit for construction will expire five years from the date of issuance . i 21 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building. ,construction or placement of impervious surface within the area to be served by those' facilities . To prevent reduction in storage volume and percolation rates , all accumulated .4diment must be removed from the storage area pnor,Ao final grading and G'. ;1'r.'i_ ■r err ■r �r r v� ,rr r ■r ■r .r ,rr r stabilization . 22 . All wetland areas or water bodies that are outside the specific limits of construction "" authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity , and dewatering . r 23 . Prior to construction , the permittee must clearly designate the limits of construction on-site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit . 24 . The project must be constructed in accordance with the plans received by the District on April 20 , 2005 . .. 25 . The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years i thereafter to insure that the system is functioning as designed and permitted . If a required inspection reveals that the system is not functioning as designed and permitted , then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C- 42 . 900 ( 6) , Exceptions Report for Stormwater Management System Out of Compliance . The operation and maintenance entity must maintain a record of each required inspection , including the date of inspection , the name , address , and telephone number of the inspector, and whether the system was functioning as designed and permitted , and make such record available for inspection upon request by the District during normal business hours . Wk rr .r rr r. vrr ■r err .r. r to Notice Of Rights wo 1 . A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St . Johns River Water +�+►► Management District ( District) , or may choose to pursue mediation as an alternative remedy under Sections 120 . 569 and 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the rights to a hearing if .. mediation does not result in a settlement . The procedures for pursuing mediation are set forth in Sections120 . 569 and 120 . 57 , Florida Statutes , and Rules 28 - 106 . 111 and 28 - 106 . 401 - . 405 , Florida Administrative Code . Pursuant to Chapter 28- 106 and Rule aw 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed at the office of the District Clerk at District !-! eadquarters , P . Box 1429 , Palatka , Florida 321781429 (4049 Reid St. , Palatka , FL 32177) within twenty-six (26 ) days of the District depositing Ar notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty- one ( 21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice) . A petition must comply with Chapter 28- 106 , Florida Administrative Code . 2 . If the Governing Board takes action which substantially differs from the notice of District decision , a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above . Pursuant to District Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed at the office of the District Clerk at the .r address described above , within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of its final ow agency action (for those persons to whom the District does not mail actual notice ) . Such a petition must comply with Rule Chapter 28- 106 , Florida Administrative Code , 3 . A substantially interested person has the right to a formal administrative hearing pursuant to Section 120 . 569 and 120 . 57 ( 1 ) , Florida Statutes , where there is a dispute between the District and the party regarding an issue of material fact . A petition for formal must comply with the requirements set forth in Rule 28 - 106 . 201 , Florida Administrative Code , 4 . A substantially interested person has the right to an informal hearing pursuant to �• Sections 120 . 569 and 120 . 57 (2 ) , Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must comply with the requirements set forth in Rule 28 - 106 . 301 , Florida Administrative Code . 5 . A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka , Florida . 6 . Failure to file a petition for an administrative hearing , within the requisite time frame shall constitute a waiver of the right to an administrative hearing ( Section 28 - 106 . 111 , Florida Administrative Code ) . i 7 . The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120 , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code and Section 40C - 1 . 1007 , Florida Administrative Code . ;; r::r .r +irr rr r ■r r rr► �r rr it r �r Notice Of Rights 8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property , has the .. right to , within 30 days of receipt of notice of the District's written decision regarding a permit application , apply for a special master proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the office of the District Clerk located at ,. , District headquarters , P . O . Box 1429 , Palatka , FL 32178 - 1429 (4049 Reid St . , Palatka , Florida 32177) . A request for relief must contain the information listed in Subsection 70 . 51 ( 6) , Florida Statutes . a . A timely filed request for relief under Section 70 . 51 , Florida Statutes , tolls the time to request an administrative hearing under paragraph no . 1 or 2 above ( Paragraph 70 . 51 ( 10 ) ( b) , Florida Statutes) . However , the filing of a request for an administrative hearing under paragraph no . 1 or 2 above waives the right to a special master proceeding ( Subsection 70 . 51 ( 10) ( b) , Florida Statutes) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding ( Subsection 70 . 51 (3) , Florida Statutes) . .. 11 . Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida Rules of Civil Procedures , by filing an action in circuit court within 90 days of the rendering of the final District action , ( Section 373 . 617 , Florida Statutes) . 12 . Pursuant to Section 120 . 68 , Florida Statutes , a person who is adversely affected by final .. District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 . 114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any .. person named in the order within 20 days of adoption of a rule or the rendering of the District order . 14 . For appeals to the District Court of Appeal , a District action is considered rendered after it is signed on behalf of the District , and is filed by the District Clerk . 15 . Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs # 11 and # 12 , or for Commission review as described in paragraph # 13 , will result in waiver of that right to review. r. r r trr �r rw v� r r r r aw Notice Of Rights Certificate of Service a. I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S . Mail to : .. Indian River County 1840 25th St ,.. Vero Beach , FL 32960 At 4 : 00 p . m . this 11th day of May 2005 , 9, 0" for aw Division of Permit Data Services Gloria Lewis , Director a■ St . Johns River Water Management District ow Post Office Box 1429 Palatka , FL 32178- 1429 (386 ) 329 -4152 Permit Number: 40-061 - 86744-3 air aw aw a. � � 1 � ! ! ! 1 1 � � 1 i i � � � � s ohnsRivejLnil .r 'Water Management District Kirby B. Green 111 , Executive Director • David W. Fisk, Assistant Executive Director a Mike Slayton , Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S . E. • Palm Bay, FL 32909 • (321 ) 984-4940 .. On the Internet at www. sjrwmd. com. r err Dear Permittee : The District recently issued the enclosed permit. We would like to offer our assistance to insure `w that your project is constructed in accordance with the District permit . We will be glad to arrange for a representative from this office to attend any preconstruction meeting that you may schedule for this project. For planning purposes , we ask that you give us at least 10 days notice prior to the scheduled meeting . This will enable us to gather all necessary information regarding your permit . If no other preconstruction meeting is scheduled , you may arrange a separate meeting with only District staff. On permits where mitigation is proposed, the permittee is required by condition to schedule a meeting with District staff. Therefore , please check your permit conditions to .. determine whether or not a preconstruction meeting is required. Please feel free to call Karen Boles at ( 321 ) 676-6616 to notify us of your preconstruction meetings , or to arrange a meeting with District staff. o, cc : file copy Consultant PDS -CI aw aw 4±; OVERTBIs'VG BOARD — Ometrias D. Long, CHAIRMAN David G. Graham , VICE CHAIRMAN R . Clay Albright, SECRETARY Duane Ottenstroer, TREASURER JACKSONVILLE OCALA JACKSONVILLE APOPKA ni u „nkne 1 i 1 1 � 1 i � � ! 1 � � 1 # ! i / 11 46001i�l 0 ats us mvell ; r . nil Water Management District Kirby B. Green Ili , Executive Director m David W. Fisk, Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory aw 525 Community College Parkway S . E . • Palm Bay, FL 32909 (321 ) 984-4940 On the Internet at www. sjrwmd. com. Holders of General Permits ow Dear Permittee : Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication , using the District form, notifies members of the public (third parties) of their rights to challenge the issuance of the permit. If proper notice is given by publication , "r third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If' you do not publish , a party ' s right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed, then you may "" publish, at your own expense, such a notice in a newspaper of general circulation within the affected area. A copy of the form of the notice and a list of newspapers of general circulation , usually used by the District, is attached for your use , however, you do not have to use only those newspapers listed . This publication need only occur once . Once the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District, submit this original affidavit of publication to : %W Gloria Lewis , Director Division of Permit Data Services P . O . Box 1429 Palatka, FL 32178- 1429 Enclosed is a sample package used for newspaper noticing by the District. The package includes : * Page 2 - A copy of an example notice that District staff uses is included to provide guidance on the language to be used in the notice . This .r language satisfies the legal requirements for noticing . *Page 3 - A copy of a sample notice to be published is also included . Complete aw this form with your permit information and submit to a newspaper of general circulation . * Page 4 - The name, address , telephone number and facsimile for newspapers aw of general circulation are provided . This is the newspaper typically used by the District to advertise permits that are issued by the Governing Board . aw If I can be of further assistance , please contact me at ( 386) 329 -4235 or Mary McKinney at (386) 329 -4400 . .. Sincerely , Gloria Lewis , Director Division of Permit Data Services 'rr GOVERNING BOARD Ometrias D. Long , CHAIRMAN David G . Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstroer, TREASURER APOPKA JACKSONVILLE OCALA JACKSONVILLE W. Michael Branch John G. Sowinski William Kerr Ann T. Moore Susan N . Hughes •r FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL JACKSONVILLE • �r r r rr nw nr .■ err ■r +rri MW am - EXAMPLE FORM - NOTICE OF AGENCY ACTION TAKEN BY THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT ow Notice is given that the following permit was issued on 11 /27/95 : .. ACME HOMES CO . , INC . , 1201 W . 151h Street , Palatka , FL 32177 , permit # 42 - 107-0001 . The project is located in Putnam County Section 23 , Township 07 South , Range 34 East. The permit authorizes A SURFACE MANAGEMENT SYSTEM ON 20 ACRES TO SERVE A SINGLE- FAMILY RESIDENTIAL SUBDIVISION known as Blue Meadows . The receiving waterbody is ST . JOHNS RIVER . 1W The file (s ) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m . to 5: 00 p . m . at the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka, FL 32178- 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely 4W affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28- 106 . 111 and 28- 106 . 401 - .404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28- 106 and be filed with (received by) the District Clerk 1W located at District Headquarters , Highway 100 West , Palatka, FL 32177 . Petitions for administrative hearing on the above application (s) must be filed within twenty-one (21 ) days of publication of this notice or within twenty-six (26) days of the District depositing notice of this ,m intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of any right(s ) such person (s) may have to request an administrative determination (hearing ) under sections 120 . 569 and 120 . 57 , F . S . , concerning the subject permit . Petitions that are not filed in accordance with the above "" provisions are subject to dismissal . Because the administrative hearing process is designed to formulate final agency action , the dw filing of a petition means that the District's final action may be different from the position taken, by it in this notice of intent . Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . .. ■W r � � � ! 1 ! / ! i 1 i i 1 1 1 ! 1 i r NOTICE OF AGENCY ACTION TAKEN BY THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT aw Notice is given that the following permit was issued on r. (Name and address of applicant) permit # . The project is located in County, Section , Township .. South, Range East. The permit authorizes A SURFACE WATER MANAGEMENT SYSTEM ON ACRES TO SERVE known as The receiving water body is aw The file (s) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays , 8 : 00 a . m . to 5 :00 p . m . at the St. Johns River .r Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178 - 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120. 573 , +� Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28- 106 . 111 and sw 28- 106 . 401 - .404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28- 106 and be filed with (received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka , FL 32177 . Petitions for administrative hearing on the above application (s) must be filed within twenty-one (21 ) days of +. publication of this notice or within twenty-six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of any right (s) such person (s) may have to request an administrative determination (hearing ) under sections 120 .569 and 120 . 57 , F . S . , ow concerning the subject permit. Petitions that are not filed in accordance with the above provisions are subject to dismissal . .. Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the. right to petition to become a party to the " proceeding , in accordance with the requirements set forth above . .r am err r r so rr rr to +r. err r ■r ■r w �r E' INDIAN RIVER All Vero Beach Press Journal Legal Advertising Is err ALA CHUA Legal Advertising P . 0 . Box 408 The Alachua County Record P . 0 . Box 1268 Lakeland , FL 33802 Legal Advertising Vero Beach , FL 32961 - 1268 863-802-7355/fax 863-8024814 P . 0 . Box 806 . 772-978-2214/fax 772-978-2340 PUTNAM Gainesville, FL 32602 Palatka Daily NewsLAKE 352-377-2444/fax 352-338- 1986 Daily Commercial Legal Advertising Wrr BAKER Legal Advertising P . 0 . Box 777 Baker County Press P . 0 . Drawer 490007 Palatka , FL 32178 Legal Advertising Leesburg , FL 34749 386-312-5200/fax 386-312-6664 +a P . O. Box 598 352-787-0902/fax 352-365- 1951 ST. .iOHNS St. Augustine Record Maclenny, FL 32063 MARION i 904-259-2400/fax 904-259-6502 Ocala Star Banner, Legal Advertising Legal Advertising BRADFORD 2121 SW 19th Avenue Road P . 0 . Box 1630 +rr Bradford County Telegraph Ocala, FL 34474 St. Augustine , FL 32085 Legal Advertising 352-867-4010/fax 352-867-4126 904=829-6562/fax 904-819-3559 P . 0. Drawer A NASSAU SEMINOLE r News-Leader, Legal Advertising Seminole Herald Starke, FL 32901 9 9 904-964-6305/fax 904-964-8628 P . O. Box 766 Legal Advertising rrir BREVARD Fernandina Beach , FL 32035 300 North French Avenue Florida Today, Legal Advertising 904-261 -3696/fax 904-261 -3698 Sanford , FL 32771 P. 0. Box 419000 OKEECHOBEE 407-322-2611 /fax 407-323-9408 Melbourne, FL 32941 -9000 Okeechobee News VOLUSIA 321 -242-3500/fax 321 -242-6618 Legal Advertising News Journal Corporation wr CLAY P. 0 . Box 639 Legal Advertising Clay Today , Legal Advertising Okeechobee, FL 34973-0639 P . O . Box 2831 1560 Kinsley Ave . , Suite 1 863-763-3134/fax 863-763-5901 Daytona Beach, FL 32120-2831 Orange Park, FL 32073 ORANGE 386-252-1511 /fax 386-255-6735 ar 904-264-3200/fax 904-269-6958 Sentinel Communications DUVAL Legal Advertising Florida Times Union 633 N . Orange Avenue dw Legal Advertising Orlando, FL 32801 1 Riverside Avenue 407-420-5160/fax 407420-5011 +� Jacksonville, FL 32202 OSCEOLA 904-359-4321 /fax 904-359-4180 Little Sentinel +rr FLAGLER Legal Advertising Flagler Tribune , c/o News Journal 633 N . Orange Avenue P . O. Box 2831 Orlando , FL 32801 Daytona Beach , FL 32120-2831 407-420-5160/fax 407-420-5011 386-252-1511 /fax 386-252-6735 FOLK "" Lakeland Ledger Publishing Co. 4 Revised Sentemher R. 2000 �r �r err • rr �. r r. r i ur ■r+ r +w FORM EN-45 40C4, F.A,C, 40C42, F.A.C. MSSW/STORMWATER AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL* sr PERMIT NUMBER : PROJECT NAME : "" INSPECTION DATE(S) : I HEREBY CERTIFY THAT ALL COMPONENTS OF THIS STORMWATER MANAGEMENT SYSTEM HAVE BEEN BUILT rr SUBSTANTIALLY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND IS READY FOR INSPECTION. ANY SUBSTANTIAL DEVIATIONS (NOTED BELOW) FROM THE APPROVED PLANS AND SPECIFICATIONS WILL NOT PREVENT THE SYSTEM FROM FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTERS 40C-4, 40C-41 , OR 40C-42 , F.A.C. (AS sr APPLICABLE), WHEN PROPERLY MAINTAINED AND OPERATED. THESE DETERMINATIONS HAVE BEEN BASED UPON ON-SITE OBSERVATION OF THE SYSTEM CONDUCTED BY ME OR BY MY DESIGNEE UNDER MY DIRECT SUPERVISION AND/OR MY REVIEW OF AS -BUILT PLANS CERTIFIED BY A REGISTERED PROFESSIONAL OR LAND SURVEYOR LICENSED IN THE STATE OF FLORIDA. tw NAME (please print) SIGNATURE OF PROFESSIONAL air COMPANY NAME FLORIDA REGISTRATION NUMBER r COMPANY ADDRESS DATE ow CITY, STATE, ZIP CODE rr TELEPHONE NUMBER (Affix Seal) SUBSTANTIAL DEVIATIONS FROM THE APPROVED PLANS AND SPECIFICATIONS : ow so - — (NOTE: ATTACH TWO COPIES OF AS-BUILT PLANS WHEN THERE ARE SUBSTANTIAL DEVIATIONS) aw WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO : DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIVER WATER MANAGEMENT DISTRICT +�+ P. O . BOX 1429 PALATKA, FL 32178 - 1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C-42.021 ( 1 ) AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE "w NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS" . EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471 , F. S . , PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F.S ., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492, F.S . , WHO HAVE THE REFERENCED "r SKILLS . w FORM 4OC- 1 . 181 (13) EFFECTIVE 3/21 /93 4w err .ir +r ar .r rr err r +rr r irr ■r r +� FORM EN46 40C4, F.A.C. 40C-417 F.A.C. 40C40, F.A.C. rrr MSSW STORMWATER REGISTERED PROFESSIONAL ' S * INSPECTION REPORT PERMIT NUMBER: PROJECT NAME: +r INSPECTION DATE(S) : r . INSPECTION RESULTS : (CHECK ONE) I HEREBY VERIFY THAT I OR MY DESIGNEE UNDER MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM APPEARS TO BE FUNCTIONING IN ACCORDANCE WITH THE REQUIREMENTS OF THE PERMIT AND CHAPTERS 40C-4, 40C-41 , OR 40C-42, F.A. C . , (AS APPLICABLE). THE FOLLOWING NECESSARY MAINTENANCE WAS CONDUCTED : .w I HEREBY CERTIFY THAT I OR MY DESIGNEE UNDER MY DIRECT SUPERVISION HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING IN ACCORDANCE WITH �+ THE REQUIREMENTS OF THE PERMIT AND CHAPTERS 40C-4, 40C-412 OR 40C-42, F.A.C. , (AS APPLICABLE) . I HAVE INFORMED THE OPERATION ' AND MAINTENANCE ENTITY OF THE FOLLOWING: (A) THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING PROPERLY, (B) THAT MAINTENANCE IS REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE, AND (C) IF MAINTENANCE MEASURES ARE NOT ADEQUATE TO BRING THE SYSTEM INTO COMPLIANCE, THE SYSTEM MAY HAVE TO BE rr REPLACED OR AN ALTERNATIVE DESIGN CONSTRUCTED SUBSEQUENT TO DISTRICTS ' APPROVAL. NAME (please print) SIGNATURE OF PROFESSIONAL am COMPANY NAME FLORIDA REGISTRATION NUMBER COMPANY ADDRESS DATE r CITY, STATE, ZIP CODE TELEPHONE NUMBER (Affix Seal) WITHIN 30 DAYS OF COMPLETION OF THE SYSTEM, SUBMIT TWO COPIES OF THIS FORM TO: .r DEPARTMENT OF RESOURCE MANAGEMENT DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P. O. BOX 1429 PALATKA, FL 32178- 1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C-42. 021 ( 1 ) AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY, DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND '~ STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS". EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471 , F.S ., PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F.S ., AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492, F.S . , WHO HAVE THE REFERENCED SKILLS . FORM 40C- 1 . 181 ( 15) EFFECTIVE 3/21 /93 r • wr rr► tirr .r to �.r wr rrr r rr r ■r A rrr w w FORM EN - 56 +r St . Johns River Water Management District Annual Status Report for Surface Water Management System Construction ( Required whenever construction duration exceeds one ( 1 ) year) St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 Permit Number : Project Name : Phase : Control Structure (s) Percent of. Date of Anticipated Date of " Completion Completion Completion Benchmark Description (one per major control structure) +rr Surface Water Date of Management Percent of Anticipated Date of Works Completion Completion Completion Lake (s) Ditch (es) / "" Swale (s) Exfiltration Trench Dry Area (s) Berm (s) .. Print Name Phone ow Permittee 's or Authorized Title and Company Date Agent' s Signature „X Address H :\PDS\FORMS\EN-56 . DOC aw form 40C-4. 900(4) • wr w +.r w .r rrr ■r r +�r w FORM EN - 57 r ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Construction Commencement Notice aw ,m St. Johns River Water Management District Post Office Box 1429 Palatka , FL 32178-1429 PROJECT : PHASE : I hereby notify the St . Johns River Water Management District that the construction of the surface water management system authorized by Environmental Resource Permit Number .. has commenced/is expected to commence on 199_, and will require a duration of approximately months weeks days to complete . It is understood that should aw the construction term extend beyond one year , I am obligated to submit the Annual Status Report for Surface w Water Management System Construction for no . 40C -4 . 900 (4) . mr PLEASE NOTE : If the actual construction commencement date is not know, District staff should be so notified in writing in order to satisfy permit conditions . Permittee ' s or Authorized Title and Company Date Agent' s r Telephone Address r. aw ow r H :\PDS\FORMS\EN-57 . DOC ® Form 40C-4.900(3) 1 i # ! 1 1 1 1 1 1 � ) ! � � i 1 i INDIAN RIVER FARMS WATER CONTROL DISTRICT r 4400 20th Street Vero Beach, Florida 32960 (561) 562-2141 rr APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date : 10 / 12 / 04 No . A. Applicant Information: Name: Indian River County Engineering Division Address : 1840 25th street dw Vero Beach , F ?, 32960 Authorized Agent and Title : Michelle A . Gentile , CET Civil Engineer f Telephone Number: ( 772 ) 567 - 8000 ext . 1280 Be Proposed Connection or Use : (check appropriate box or boxes) NON-REFUNDABLE AN ❑ Culvert connection to District canal for irrigation or drainage $ 100.00 ❑ Pump connection to District canal for irrigation or drainage $300 . 00 ❑ Culvert and/or control structure in District canal for crossing r and/or water storage $200. 00 ® Other (specify) Culvert portions of the Sub - Lat A - 6 $ 100. 00 canal aw C. Location : Tract Section 2 7 , 2 8 , 2,5rownship 3 2 Range 39 Canal No . su b -- L a t A6 Other appropriate description: South side 41st between 58 th Ct . to 49th Ave , Property I.D. Parcel No. : & 43rd Ave & 41st err Attach drawing to show details (include acreage to be served) . D. Details of proposedConstruction : (Give diameter and length of culvert; diameter and rated capacity of pump ; height and width of riser or other details on water control structure.) Remove existing culverts in areas depicted on the plans along S . side 41st . in the sub - lateral A - 6 canal. . install- 4340 LF of 48 " x 76 " RCP in the sub - lateral. A - 6 canal. Install 706 LF 18 " perforated BCCMP & 283 LF 24 " Perferated BCCMP adiacent . to 48 " x 76 " RCP E. Special Conditions: , (for District use only) 4W weir A '1" r4c- fIED L i 5 �" U �= ��'�'�'!/� [: CJ•v !�/T7D.� F. Estimated Date of Construction Commencement: March 2005 Estimated Date of Construction Completion : G. As the Applicant for permit, I do understand and agree that : err 1 . The use of, or construction within, the right-of-way of the Indian River Fauns Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon, supporting this application ; and if any changes are required, same will be cleared with the District. rr (Continued on Reverse hereof) Signed: O ��i Date r Ap icant — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — y �or Distri t Use Only) r Application approved by: - r td12 f the Indian River ms Water Control District y yr Application approved by: for Carter Associates, Inc . , Engineer for District Date of approval: Sr 191A6 Expiration Date of this approved application : PERMISSION, WHEN GRANTED, WILL BE SUBJECT TO THE STANDARD PROVISOS „�, SET FORTH ON THE REVERSE HEREOF. rrr .r► �r r M 10 w rr qr wo .r. .r .r ■r • .r j MW G. (continued) - 2 . . I accept full responsibility for any erosion to or 'shoaling in the District's canal or levee due to my work and I shall remove or repair same promptly and at no expense to the District; and I will prevent the discharge of any liyacinths or aquatic giowlh into the District's canal through my connection. 3 . I will neither plant trees or shrubs or erect any structure that will prohibitor limit. the txisting access of I District equipment or vehicles withoi t security ` e g proper authorization thereof. ,ow Itis further understood and agreed that any other requirements of the District are binding upon me the application , and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to he benefited by this request are , or may be , subject .r to flooding during eriods of high water due to heavyrains or other acts of God , and that the permit will j be accepted subject to this possibility which-is recognized not to be within the control of the District. STANDARD PROVISOS 1 . ', Permittee assumes full responsibility for any construction , operation or maintenanceeof District property or jrigbt-of-way subject to this Permit and shall save and hold harmless District from any expense , loss, damage or claim in regard thereto, and the District assumes avid shall have no liability in connection therewith . r 2. ; This Permit may not be ;assigned or subletted to a thirdparty and any transfer ' of Permittee 's property abut- jting District's " property or right=of-.way shall ipsofacto , andwithout move; _cancel , ;nullify. and revoke this ;Permit.. rrr 3 . This Permit is subject always to the paramount right of the District to, keep and maintain rts drainage district functions and operations , and is subject to revocation and cancellation upon thirty days' notice from District Ito Permittee'. i 4 . - In . no. event ,shall the- District be liable for any darnageSL done or caused by the District to ..the Public, to iPertmittee or any other person using the right-of. way br property subject to ;this Permit; and Permittee shall save the District, its officers, agents, supervisors and employees harmless from any costs, charge or expense ,off claiiii or demand of any person , against the District ansing from or pertaining to any use . made of the Iproperty or right-of-way: subject to this pennit. Permittee shall , at anytime upon request of District, provide to ; District evidence; satibfactoryto .District, of liability insurance couerage, in amounts. and with eornpanies as may be required by District, protecting the: interests of District and narning. District as an ;additional in- isUred : 4W 5 . The District may, on thirty days ' written notice to Pefniittee' , require removal and/or alteration of imv instal- Wion or construction on District right=of-way. 6 . Any construction on District right-of.- way or property and clean up shall be 'conipieted 'promptly by Permit- tee and in a workmanlike manner with.:ntinimum disturbance,to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosi&i within teii days after completion of t:onsti ction or installation. T - L-L Permittee shail advise District 's office-prior to commencement and upon completion of ' ILr construction . _ . (5.62-2141 ) __ . 8 . Permittee shall not discharge any pollutants, contaminants or `deleterious ,materialsinto water ior- structures owned or maintained by, or. subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and ;hold Districtharrriless from any expense, loss or damage to District or others by any dui h . drscharge or obstruction; remedying or removing the sdriie rrrimedrately upon request of District . P. 9. Permittee; as a condition to the continuance of this Permit, shall reimburse District immediately upon de- inand, for any testing or other costs or expenses to District associated with or arising from Pe rmittee 's use of District facilities : Applicant is cautioned that electrical, water and " sewer, or other installations or utilities ma' y. be located within the construction area, and applicant shall use diligent efforts to first detect and locate all' such instal- rations. and:shallcoordinate _consit'uction with_all olher.l�"d users of Said right-of_way. Applicant_shallhe -- . . .. .s gable for all damages proximately-resulting from� its interference with or inteiruption ' of services provided by other lawful right-of-way users. Ill : This permit shall be .cons ideied to be.. ;a license only, for the limited purpose of installation., placement and 11 maintenance of the improvements specified on the face hereof, and does not convey any other right, title or r Interest of the District ; in ;the . subjectright of_way ,prgperty. '1'2 An as-built/location ' certification of all culvert/structure installations within the District 'scanals/right-of- way shall be performed by a Florida Registered Professional Surveyor and. Mapper-on form provided by the r District , and submitted to: the District within thirty. (30) days following completion of installation. If as-built . certification is not received within thirty days -of #nAallatioii, the District will either' have 'certificatfnn completed at owner/applicants expense or order removal of the installation. , r i . rr rr �r ■r .. rr rr rr ■r �r rr .r SPECIAL CONDITIONS FOR PERMIT NO . 05m37 FOR INDIAN RIVER COUNTY.— 41sT STREET ROADWAY IMPROVEMENTS PROJECT NUMBER 0016 AND NUMBER 0236 1 ) The Water Control Plan for Indian River Farms Water Control District requires, .r and must protect the right of all abutting ownership parcels ( 1 /4 mile north and south) fronting on the Sub-lateral A- 6 (41St Street) alignment to drain into said canal . As a special condition of this permit, all individually owned parcels of , r land (currently deVeloped, improved 'or undeveloped) fronting along the north and south sides of 41s' Street/Sub-lateral A-6 Canal alignment shall be furnished/provided a legal positive drainage outfall connection to the proposed culverts and/or remaining open ditch section of the Sub-lateral A-6 Canal within the project limits . Such connections shall provide a minimum 2 "/24 hour stormwater discharge capacity for a 24-hour/25 year storm event for each such parcel . 2 ) To prevent the ponding of water, over bank discharge of stormwater and the 1W resulting canal bank erosion, all canal berm areas , along the open ditch sections within the limits of this project, shall be sloped away from the top of bank, a minimum of 2 % (maximum 3 %) to the top of the nearest adjacent curb and/or .r pavement. Said berm to be compacted and stabilized to provide passage and operation of .o heavy canal maintenance equipment . 3 ) Indian River Farms Water Control District assumes no liability or responsibility ow for the installation, use , operation, repair, replacement or maintenance of the culverts placed within, or into Sub-lateral A- 6-E Canal as shown on plans of these projects . Im A regular inspection and maintenance schedule of the long runs of culverted sections in Sub-lateral A- 6 Canal shall be established/provided by the County . .. The District will monitor the flow of stormwater flow through the culverted sections in Sub-lateral A-6 Canal during events and advise the County of any imminent necessity to clean and/or clear obstructions from said culverts . In the event such action is not taken by the County in a timely manner, the "' District retains the paramount right to contract/provide such service at the County ' s expense . 'r 4) This permit is issued based on final plans submitted with permit application signed and sealed by Christopher J . Kafer, Jr . P . E . , dated December 20 , 2004 , for Project No . 0016 , and for plans of 41St Street and 43 `d Avenue (County JAMEC\SPEC COND-PROVISOS\special -cond-no. doc 1 - r � ! ! ! i 1 ! 1 1 1 1 f 1 � � � s ■ ■ r Project No . 0236) plotted October 6 , 2004 . One set of as-built plans for these projects shall be submitted to the District upon completion of the projects . 5 ) Adequate drainage in Sub-lateral A-6 Canal shall be maintained/provided during and following storm eventg throughout construction phase of these projects to prevent adverse flooding of affected properties in the canal sub-basin. The contractor shall contact Indian River Farms Water Control District Superintendent, David Gunter, to coordinate appropriate procedures to follow in ,. any temporary blockage of the canal during construction phase . d. r. JAMEC\SPEC COND-PROVISOS\special-cond-no. doc . 2 . r r i.r rr r r r .n ■r .� ■ ■ ■ sr .r APPENDIX B - FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL CHAPTER 4, " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" r no1 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00430 Appendix B Best Management Practices .doc w .r ■r nr .r rr r r. .. r rr �r w ..r Florida . Erosion and Sediment Control Inspector's Manual i .. CHAPTER 4 BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL 4 . 01 IMPORTANCE OF CONSTRUCTION SEQUENCING 1 4 . 02 POLLUTION SOURCE CONTROLS ON CONSTRUCTION SITES 3 4 . 03 TEMPORARY GRAVEL CONSTRUCTION ENTRANCE 7 4 . 04 CONSTRUCTION ROAD STABILIZATION 11 .. .4 . 05 STRAW BALE BARRIER 13 r. 4 . 06 SILT FENCE 21 4 . 07 BRUSH BARRIER 31 4 . 08 STORMDRAIN INLET PROTECTION 33 Aw 4 . 15 TEMPORARY DIVERSION DIKE 55 4 . 16 TEMPORARY FILL DIVERSION 59 4 . 17 TEMPORARY RIGHT-OF-WAY DIVERSION 63 4 . 25 TEMPORARY SEDIMENT TRAP 67 4 . 26 TEMPORARY SEDIMENT BASIN 79 4 . 30 TEMPORARY SLOPE DRAIN 99 4 . 38 TEMPORARY CHECK DAMS 105 4 . 40 DEWATERING 113 4 . 45 FLOATING TURBIDITY BARRIER 115 CHAPTER NOTE Effective control of erosion and sedimentation depends on the proper use of a number of specific best management practices ( BMP's) . Each of these has a correct application , installation , and maintenance requirement. This chapter provides a "toolbox" of BMP's with instructions for their use . Always remember that the rules are performance based . Implementation according to this manual is no guarantee of success , nor is it a constraint to prevent the use of other more efficient or cost effective measures . Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 01 IMPORTANCE OF CONSTRUCTION SEQUENCING Definition Coordinating the construction schedule to minimize the amount. of area disturbed at any one time and coordinating land clearing with the installation of erosion control measures . Purpose To minimize the amount of disturbed area , thereby reducing erosion potential . Condition where Practice Applies This practice applies to all construction projects . The level of planning and management necessary to minimize erosion and control sedimentation adequately is dependent upon the size , location , and complexity of the construction site. "r Planning Considerations The key to efficient and cost-effective erosion control is to plan construction activities in phases to reduce the erosion potential of the site . By clearing only areas that are to be developed , only limited areas of land are disturbed , making it much easier to prevent and control erosion than if the entire site were exposed at once . On larger projects sub-phases should be used to minimize the area of exposed soil . Before site disturbance occurs perimeter controls , sediment traps , basins , and diversions should be in place to control runoff and capture sediments . Prioritize disturbed areas in the vicinity of water bodies , wetlands , steep grades , long slopes , etc , for effective stabilization within seven days of disturbance . Graded areas that will not be worked on should be seeded and mulched immediately, rather than waiting until all project grading is done . Awell -planned and well-maintained construction entrancewith stabilized construction roads can preventoffsite sedimentation , keep sediments off of roads , minimize complaints from neighbors , and reduce future expenses and aggravation . Land disturbing activities are best scheduled during periods of low precipitation . Generally, Florida's wet season occurs from Mayto Novemberwith a dry season from Novemberto May. Check with your local Water Management District (WMD) or Florida Department of Transportation ( FDOT) office for more precise information in your area . Specifications ■ Management of construction projects can be viewed in three phases. Phase / is the initial installation of perimeter controls , sediment traps , basins, and diversions prior to site development. Phase /I is an interim stormwater management plan whereby components of the permanent stormwater management system are constructed and connected to the stormwater facilities as the site is developed . Phase /// is the finished product and should perform as such . 4A r Florida Erosion and Sediment Control Inspector's Manual Phase / This is the first construction related activity to occur on any site . Installation of initial controls shall be discussed at the pre-construction conference . The contractor and the inspector should understand the inspection and maintenance requirements of the specified BMPs , as well as the location and proper installation procedures . Offsite runoff should be diverted around the project if stabilized areas , adequate conveyance , and/or protected inlets are available . Sediment traps and basins should be built to receive the anticipated runoff and sediments . A temporary sediment basin in the location of the permanent stormwater facility makes efficient use of space and simplifies future tasks . Perimeter controls and diversions must be installed to keep sediments onsite and directed ., to the traps and basins . As clearing and grading progresses , temporary seeding and mulching should follow immediately for areas which will not be worked for a period of seven days or more . Phase 11 ,. This phase is the interim phase of the project . The permanent stormwater management system is constructed in conjunction with the other construction activities . Before runoff is directed into it, the system must be properly stabilized . Additionally it must be protected from .. sedimentation until completion of the project. As the stormwater facilities are constructed , they should also be kept free of sediments . Special care must be taken if stormwater ponds are used as temporary sediment basins to ensure complete removal of accumulated •• sediments which would reduce stormwater storage volume and cause premature clogging . If possible , design and excavate the sediment basin bottom 6" to 12" ( 15 - 30 cm ) higher than the eventual pond bottom . Land disturbance should occur only in areas which are being actively worked . Graded areas should be seeded and mulched immediately if they will not be worked for a period of seven days or more . .. A regular maintenance program should insure inspection and maintenance of BMPs by the contractor weekly and/or after significant rain events . Any failures should be analyzed to prevent recurrence . Substantial changes to the approved plan must be made or reviewed by r. the designer and approved by the appropriate regulatory agency. Phase I// This is the completed project. The entire stormwater management system should be built according to the approved plans . Substantial deviations from the plan may require revisions by the design professional , reapproval by the regulatory agency, and/or reconstruction by the contractor. The system must also function as designed and in compliance with applicable regulatory criteria . Any previously unforeseen activities which could compromise the function or maintainability of the system should be addressed immediately. 4-2 Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 02 POLLUTION SOURCE CONTROLS ON CONSTRUCTION SITES ( SW BMP 2 . 04) Definition Minimizing nonpoint source pollution from construction sites through good management and " housekeeping" techniques . Purpose To reduce the availability of construction-related pollutants which can contaminate runoff water and , where runoff contamination cannot be avoided , to retain pollutants and polluted water on the site . Conditions Where Practice Applies r This practice applies to all construction projects . The level of planning and management necessary to control nonpoint source pollution adequately is dependent upon the size and complexity of the construction site . Planning Considerations Construction activities , by their nature, create many sources of potential pollutants which can contaminate runoff and thereby affectthe qualityof downstream receiving waters . Accelerated erosion and sedimentation caused by land-disturbing activities are the major pollution problems caused by construction . There are , however, many other potential pollutants associated with construction activities such as gasoline , oils , grease , _ paints, cements , and solvents , to name only a few . Even relatively non-toxic materials such as paper and cardboard can be classified as potential pollutants when they are washed into streams and lakes . The best way to prevent nonpoint source pollution on construction sites is to use "good housekeeping " practices , which usually entails simply maintaining the site in a neat and orderly condition . Specific practices should be employed to retain runoff and to deal with toxic substances and materials . An overall plan for the control of nonpoint source pollution is .� advisable so that control measures can be specified and implemented effectively. Following are some elements which should be considered in nonpoint source pollution control planning on a construction site : 1 ) Erosion and Sediment Controls ■ Practices which minimize erosion and retain sediment on site are effective in controlling many other nonpoint source pollutants associated with construction activities as well . Development and implementation of a good erosion and sediment control plan is a key factor in controlling nonpoint source pollutants other than sediment on a construction site . 4-3 Florida Erosion and Sediment Control Inspector's Manual 2 ) Equipment Maintenance and Repair Maintenance and repair of construction machineryand equipmentshould be confined to areas specifically designated for that purpose . Such areas should be located and designed so that oils , gasoline , grease , solvents and other potential pollutants . cannot be washed directly into ,. receiving streams , stormwater conveyance systems , or existing and potential wellfields . These areas should be provided with adequate waste disposal receptacles for liquid and solid wastes . Maintenance areas should be inspected and cleaned daily. On a construction site where designated equipment maintenance areas are not feasible , exceptional care should be taken during each individual repair or maintenance operation to .r. prevent potential pollutants from becoming available to be washed into streams or conveyance systems . Temporary waste disposal receptacles should be provided and emptied as required . 3 ) Storm Sewer Inlet Protection •• Inlets to storm sewers should be protected by suitable filtering devices during construction to keep pollutants from entering conveyance systems . See STORM DRAIN INLET PROTECTION - Section 4 . 08 ( ES BMP 1 . 08) , 4 ) Waste Collection and Disposal A plan should be formulated for the collection and disposal of waste materials on a construction site . Such a plan should designate locations fortrash and waste receptacles and establish a specific collection schedule . Methods for ultimate disposal of waste should be specified and carried out according to applicable local and state health and safety regulations . Special provisions should be made for the collection , storage , and disposal of liquid wastes and toxic or hazardous materials . Receptacles and other waste collection areas should be kept neat and orderly to the extent possible . Trash cans should have lids and dumpsters should have covers to prevent rainwater from entering . Waste should not be allowed to overflow its container or accumulate for excessively long periods of time . Trash collection points should be located where they will least likely be affected by concentrated stormwater runoff. 5 ) Demolition Areas Demolition projects usually generate large amounts of dust with significant concentrations of heavy metals and other toxic pollutants . Dust control techniques should be used to limit the transport of the airborne pollutants . However, water or slurry used to control dust should be retained on the site and not be allowed to run directly into watercourses or stormwater conveyance systems . 6 ) Washing Areas 4-4 Chapter 4 - Best Management Practices for Erosion and Sediment Control Vehicles such as cement or dump trucks and other construction equipment should not be washed at locations where the runoff will flow directly into a watercourse or stormwater conveyance system . Special areas should be designated forwashing vehicles . These areas should be located where the wash water will spread out and evaporate or infiltrate directly into the ground , or where the runoff can be collected in a temporary holding or seepage basin . Wash areas should have gravel bases to minimize mud generation . 7 ) Storage of Construction Materials , Chemicals . Etc. Sites where chemicals, cements , solvents, paints , or other potential water pollutants are to be stored , should be isolated in areas where they will not cause runoff pollution . Toxic chemicals and materials , such as pesticides , paints , and acids , should be stored according to manufacturers' guidelines . Overuse should be avoided and great care should be taken to .� prevent accidental spillage . Containers should never be washed in or near flowing streams or stormwater conveyance systems. Groundwater resources should be protected from leaching by placing a plastic mat, tar paper, or other impervious materials on any areas where .. toxic liquids are to be opened and stored . 8 ) Sanitary Facilities •+ All construction sites should be provided with adequate sanitary facilities for workers according to applicable health regulations . r 9) Dust Control The use of calcium chloride , oils , or other chemical dust control agents on construction roads should be avoided . Periodic watering of these areas is a preferred alternative . 10 ) Dewatering Many improvements such as underground utilities , foundations, and stormwater management facilities require removal and disposal of water from excavations . A detailed discussion of this practice follows in DEWATERING - Section 4 .40 . ■ 4-5 aw Florida Erosion and Sediment Control Inspector's Manual This page left intentionally blank. r.. .r .. aw 4-6 Chapter 4 - Best Management Practices for Erosion and Sediment Control ► 4 . 03 TEMPORARY GRAVEL CONSTRUCTION ENTRANCE & EXIT ( ES BMP 1 . 01 ) Definition A stone stabilized pad located at points of vehicular ingress and egress on a construction site. r Purpose To stabilize entrances to the construction site and reduce the amount of sediment transported onto public roads by motor vehicles or runoff. Conditions Where Practice Applies Wherever traffic will be leaving a construction site and moving directly onto a public road or other paved area . Planning Considerations Construction entrances provide an area where mud can be removed from construction vehicle tires before they enter a public road . If the action of the vehicle traveling over the gravel pad is not sufficient to remove most of the mud , then the tires must be washed before the vehicle enters a public road . If washing is used , provisions must be made to intercept the wash water and trap the sediment before it is carried off-site . Construction entrances should be used in conjunction with the stabilization of construction roads to reduce the amount of mud picked up . by construction vehicles . Design Criteria Aggregate Size rrr MOT No . 1 Coarse Aggregate ( 1 . 5 - 3 . 5 inch stone) (4 - 9 cm ) should be used . Wood chips may be used for single family residential construction , provided that they can be prevented from floating away in a storm . Entrance Dimensions The aggregate layer must be at least 6 inches ( 15 cm) thick. It must extend thefull width of the vehicular ingress and egress area . The length of the entrance must be at least 50 feet (20 m) . The entrance must widen at its connection to the roadway in order to accommodate the turning radius of large trucks . (See Plate 4 . 03a) 4-7 Florida Erosion and Sediment Control Inspector's Manual .w vlv lohl 9zI ;:6I: RER2 IREV r r-XIST:ia3 PAVE ROADW/LY r PII.TM FAB121 (:. SEGTI0N A , A yOT.; SPILIa"lA'I" LSE 5ZhpB�465, STRAK BALES r SEDIMI�TIT BARRIER �� 1 r OR Q APF'R�OVItD MET+i:}1� (57RAW BALE TYLE 51HOWN) ` A AW1tE:)gE RUNOFF TO BASIN 1 .�5 rR�'J1RE7. r SUPPLY NATER TO hk5H AH-ML5 IC NEG�55ARY.� • � i fi j o f0 I } 'Y� FLOW FLpW C /1q a p Ab6R :T1= _ LWU HN. 6" THICK r AC '30 F,6 O 111151O 9 o 4) a � 1 � ,rr � �,�- RIY�ait7N }ZIDGL K 1L 3O ' MIN. rr21 PLAN r NOTES, 2 . MEN NECtSSARY AHEELS SHALL 5E GLEANED I , T�F1= ENTRANCE 5Fo•LL BE MAIINVOINED 1W A PRIOR TO ENTRANCE ONTO T"JBL10 6 IG-P+ET-oF-NtA'Y . GONI7:TION TNP,T MILL pR Tr' 'fl�AGIC11�6 OR 3. YEN K06RINC= 19 ftZOJIREfl, r SHA_' .'. Be pOtit FLpFtiI . Ft OF SEDITrNT ONTO PUB: IG RIGHTS-- ON, M 4REA STABLIML) NITF ! GRUSlIED 5TPNc OF-WAY . TrItS MAY REW -RE -0P 17RE5611+16, A91h ReIvAIR ANP/Osi GLEAxwr Of A1+"�" h IE-5 ORS WIRERS IMEY4T BBASINTO AN A,�PRDVEP 5ES71T�NT TRAP TO TRAP SWIMEN'f. Plate 4 . 03a Temporary Gravel Construction Entrance Source: Erosion Draw 4-8 Chapter 4 - Best Management Practices for Erosion and Sediment Control - 2 ;< I-- r A ' Rod. Otto Ro « _ . :0 ,.r — _ _. . . . _. she Irl f.. Ilefrr J[Aef fWSA 1 : olvr :S '. * A* 1 Sl:a 1 : t1•al ; ' S:a �a.[ F'ia ' .bvr f•. Y x•111 .t:-nw: --Ah...' t y !a•' S4 :a1 Ne1. • ►n. ; !f :l: e. yCaa.t. • � r I � _ . . ._ T -- AP BOB pe p000 0000 Ree . ... . ' top A —' I Y ;.� a 3=61 ro-.0 Pop ppopop%B, M: : rr.: 1 -- ro. tl• Ia1 rJ 1 V 1 L to B0000000t Gap 4"000 I eas .. opoob .1 - `SI ilYS ... C r. 1- I . Y' �• 'i M. T.4.'.RSi 1RY 1A5T�dd i .r�t..N• .. ' tntr. � 1 !No W3 rlr f — . z. 04 — ��r t t '_ ___�.5 '.epooppoter I :rtm-NI IY. 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I, C". tw nC:094%. / we w!; MI.9:N :w its Cdrl ::•t4•it VI N1 /w:.f:. BOB f•raM.a _1::- :rd"r:9 ;Co: ! 6w% ;: . q Jt at v.:a. .�p"Fle I� aalr 7K Snr•eaef P•1 w...i SfJ. 1l7 f •!61x1':'• •xala•! :I 1 r:... ew.r. 9702rWIN nwn' L•Iw: 11•:..a.r: w.sM'• :.r W.. to 'Csaixrr d ffrN.! a!h Gtirro N bar JS a•'.*%* .M : :'iT SXxt4 xs.. r�_Ya a:r`".ro•:�: '•I ram .. A'• p 9PG'M :fa • .al:. ha.rr rasa. Mr iwwrp fa:'a:[.• nC:N• Dow :uaas•. .a•a. . rr•.SV MY :.�NL; :r r.. $rIec MC .:^ JD"f f -mole r:::rtara.. 1:. ' !rl . K V JJ s ?i• ' AYI rr :!a C•:crC t/ A:\:: •M1. pa>t iy- s•: +ad r:) WIN :M . r.:: C n SSA: aN.. ttl fwA M .. :r: '-f :IM 2: : but•:7 001 NPCIax '_a al-plies 447r Of -1 far7yp S71 .f . :7 mx.a Plate 4tO3b Soil Tracking Prsvention Device r� N .'Sa• axrw ^.• aV[. M ryy NK.ef 7 Y' : y a•r l•IV4 ( Sourcoo FOOT Roadway and Traffic Deft Standanfs 5 I Nov. r: .. .fx xxr :Ywl• . xtM1 : :GIS'. x . .•a .rl. tL:Ylf fV•' J! 2 fp. . tb1''! . Plate 4 .03b Soil Tracking Prevention Device Source : MOT Roadway and Traffic Design Standards r 4-9 r Florida Erosion and Sediment Control Inspector's Manual Washin If conditions on the site are such that most of the mud is not removed by the vehicles traveling over the gravel , then the tires of the vehicles must be washed before entering a public road . Wash water must be carried away from the entrance to a settling area to remove sediment r (See Plate 4 . 03b ) . A wash rack may also be used to make washing more convenient and effective (See Plate 4 . 03c) . Location The entrance should be located to provide for maximum utility by all construction vehicles . Construction Specifications .. The area of the entrance should be cleared of all vegetation , roots, and other objectionable material . A geotextile should be laid down to improve stability and simplify maintenance . The gravel shall then be placed over the geotextile to the specified dimensions . Any drainage facilities required because of washing should be constructed according to approved specifications . If wash racks are used , they should be installed according to +. manufacturer's specifications . Maintenance The entrance shall be maintained in a condition which will prevent tracking or flow of mud onto public rights-of-way. This may require periodic top dressing with 2-inch (5 cm ) stone , as conditions demand , and repair and/or clean out of any structures used to trap sediments . All materials spilled , dropped , washed , or tracked from vehicles onto roadways or into storm drains must be removed immediately . Look for signs of trucks and trailered equipment '■' "cutting corners" where the gravel meets the roadway . Sweep the paved road daily for sediments and stone . Plate 4. 03c Construction Entrance with Wash Rack Source : 1983 Maryland Standards for Soil Erosion and Sediment Control r rrs 4- 10 Chapter 4 - Best Mana ement Practices for Erosion and Sediment Control 4 . 04 CONSTRUCTION ROAD STABILIZATION ( ES BMP 1 . 02 ) Definition The temporary stabilization of access roads , subdivision roads , parking areas , and other on-site vehicle transportation routes with stone immediately after grading . Purposes 1 . To reduce the erosion and degradation of temporary roadbeds by construction traffic, especially during wet weather. 2 . To reduce the erosion and minimize regrading of permanent roadbeds between the time of initial grading and final stabilization . Conditions Where Practice Applies .r Wherever stone-base roads or parking areas are constructed , whether permanent or temporary, for use by construction traffic. Planning Considerations Areas which are graded for construction vehicle transport and parking purposes are especially susceptible to erosion . The exposed soil surface is continually disturbed , leaving no opportunity for vegetative stabilization . Such areas also tend to collect and transport runoff . waters along their surfaces . During wet weather, they often become muddy quagmires which generate significant quantities of sediment that may pollute. nearby streams or be transported off-site on the wheels of construction vehicles . Dirt roads can become so unstable during wet weather that they are virtually unusable. r„ •w t 1 ^ 11111 NH �I I • < � 6 ..+f wn .�� IFII �sla.C.a. tet. OlA Ir • kr• • •^ ej S — to E W X Jw .• .a 4- 11 r Florida Erosion and sediment Control Inspector's Manual Permanent roads and parking areas should be paved as soon as possible after grading . However, it is understandable that funds for this purpose may not be available in the early phases of the development project. As an alternative , the early application of stone may solve potential erosion and stability problems and eliminate later regrading costs . Immediate stabilization of such areas with stone may cost more money initially, but it may actually save money over the life of the project by increasing the usefulness of the road during wet weather. Some of the stone will also probably remain in place for use as part of the final base course of the road , thereby offsetting the initial expenditure . Specifications Temporary Access Roads and Parking Areas 1 . Temporary roads shall follow the contour of the natural terrain to the extent possible . Slopes should not exceed 10 percent. 2 . Temporary parking areas should be located on naturally flat areas to minimize grading . Grades should be sufficient to provide drainage but should not exceed 4 percent . 3 . Roadbeds shall be at least 14 feet (5 .5 m ) wide for one-way traffic and 20 feet ( 8 .. m ) wide for two-way traffic . 4 . All cuts and fills shall have side slopes that are stable for the particular soil . Slopes of .. 2 : 1 or flatter are recommended for clay soils , and slopes of 3 : 1 or flatter are recommended for sandy soils. .r 5 . Stormwater system shall be provided as needed and shall be designed and constructed according to applicable regulations . 6 . The roadbed or parking surface shall be cleared of all vegetation , roots , and other objectionable material . a' 7 . A 6 inch ( 15 cm ) course of FDOT No . 1 aggregate shall be applied immediately after grading or the completion of utility installation within the right-of-way . Filter fabric may be applied to the roadbed for additional stability according to the fabric manufacturer's specifications . Permanent Roads and Parking Areas Permanent roads and parking areas shall be designed and constructed according to applicable FDOT or local criteria except that an initial base course of gravel of at least 6 4W inches ( 15 cm ) shall be applied immediately following grading . Vegetation All roadside ditches , cuts , fills and disturbed areas adjacent to parking areas and roads shall be stabilized with appropriate temporaryor permanent vegetation according to the applicable 4- 12 Chapter 4 - Best Management Practices for Erosion and Sediment Control vegetative practices contained in this handbook. Maintenance Both temporary and permanent roads and parking areas may require periodic top dressing with new gravel . Seeded areas adjacent to the roads and parking areas should be checked periodically to insure that a vigorous stand of vegetation is maintained . Roadside ditches and other drainage structures should be checked regularly to insure that they do not become clogged with silt or other debris . .r .r 4- 13 +rr Florida Erosion and Sediment Control Inspector's Manual 4 . 05 STRAW BALE BARRIER ( ES BMP 1 . 05 ) .. Definition A temporary sediment barrier consisting of a row of entrenched and anchored straw bales . Purposes 1 . To intercept and detain small amounts of sediment from disturbed areas of limited extent. AW 2 . To decrease the velocity of sheet flows and low-to-moderate level channel flows . Conditions Where Practice Applies 1 . Below disturbed areas subject to sheet and rill erosion . 2 . Where the size of the drainage area is no greater than 1 /4 acre per 100 feet ( 1 . 3 ha/100 m ) of barrier length ; the maximum slope length behind the barrier is 100 feet (30 m ) ; and the maximum slope gradient behind the barrier is 50 percent (2 : 1 ) . 3 . In minor swales or ditch lines where the maximum contributing drainage area is no greater than 2 acres (0 . 8 ha ) . 4 . Where effectiveness is required for less than 3 months. 's 5 . Under no circumstances should straw bale barriers be constructed in streams or in swales where there is a possibility of a washout . Planning Considerations .. Improper use of straw bale barriers has been a major problem . Straw bale barriers have been used in streams and drainageways where high water velocities and volumes have destroyed or impaired their effectiveness . Improper placement and installation of the barriers , such as staking the bales directly to the ground with no soil seal or entrenchment, has allowed undercutting and end flow . This has resulted in additions instead of removal of sediment from runoff waters . Finally, inadequate maintenance lowers the effectiveness of these barriers . Aw Trapping efficiencies of carefully installed straw bale barriers on one project in Virginia dropped from 57 percent to 16 percent in one month due to lack of maintenance . There are serious questions about the continued use of straw bale barriers as they are presently installed and maintained. Averaging approximately $3 to $ 6 per linear foot installed ($ 10 to $ 20 / m ) the thousands of straw bale barriers used annually in Florida represent .. sufficient expense that optimum installation procedures should be emphasized . If such procedures are carefully followed , straw bale barriers can be quite effective . 4- 14 Chapter 4 - Best Management Practices for Erosion and Sediment Control • • .. .— lot'! t1 517d::y! Akwe :e fwlf :M•f re area o- FfOW i•NI !FS f LF< : 1•w -fr_tien e?:70ur4 wd f:.oN •:r e•54,+/u0 /Wp 1 aw w S uCeV :rr :f4lvj) )Ror pen V•wycr w I.rl w.::' I :.%. . $ . Moevvfr %3 v 1! i Y. xu) :• �S . wsJ Vary ra:.Y < Aq. Est 1 j i r SUILS i 1 Sri r +1 & Iry L709 F • •M Buhl :ICY >�ES f Rn• .GA SChe: - -� —•� :1 -yi re am to •N\ I S•If -OCM 1, \ ; A 1 K i d ♦\ 1 Iq \ eel M ♦ J61 a •♦ � �••v:e�•• 'J>e ii ice• `�`. •� 1 �nrwu•Vry Syc• I `"+•� `• ��_� ' S�.�Ci/.Q 1 M �ge•f CHART I RECGUMENDED SPAUNG FOR TYPE I AMD TYPF 7I NAY SALE BARRIERS. AND TYPIC N SILT FENCES rr �r Plate 4 . 05a FDOT Standard Index 102 , Chart 1 Source : FDOT Erosion and Sediment Control Handbook w 4- 15 IN iiiiiiiiiiiiiiiiiiiiiililill Florida Erosion and Sediment: Control Inspector's Manual Staked and Entrenched r Binding Wire Strew Eats or Twine Compacted Soil to Prevent Piping r Fftered Runoff Sediment Laden VOW Runoff tf 1l loll � I ^ t I = 1 Rill i II Properly Installed Straw Bale ,.. (Cross• Sectian) 1 . Excavate the Trench 2. Place and Staka Straw Bales e. Angle First Stake Toward Previously laid Me ✓� t M Flow Bale �r r . Width 1 ' k y 0 y 4. Backfill and Compactthe I Wedge Loose Strew Between Between Bales Excavated Soli Construction of Straw Bale Harrier Plate 4 .05b Construction of a Straw Bale Barrier Source : NRCS rr 4- 16 Chapter 4 - Best Management Practices for Erosion and Sediment Control • SALES KET 9E 77Xk Y l'x 2' STAKE WIN ABUT TM VI'H tC IGARS WEME • TCE S7RAV l _ET'•'ELN ?ft. S rrl 4M�yyyn+ . al=l _—ill = ��°=, , doll =m 11 — � — " aIJ- Ot-- �' A U40-cS U"IW S.IItlAI � 'vIn£fvIk� t. EXCAVAr iFIE TRENCH 2 PLACE AND STAKE STRAW BZA:�ES 3�1L IT YF hIAT:4IAL .r W = 3. ~?LL A.NO OMPAC7 E)C?VATE] SOL r STAKED AM ERRE NC U 50 '3 lox Z ULCM 51P4 VPPFGCDihrrD SMW BALE �I M PKP70 SM. Td PFEVW Plp'.hiri WOP404 IAIXN MNOIT F:LT G SEDN" � S 31�LL�II� SII'—a �10�I 1�1 1 =l1 =rl�! IIpY�I ' I CA 1M II1D 0IICI1 +fll I� I.•I 1 i..l I I I� : e r I.•1 IQ I� 1+7 I.•1 • �- --p: 1;1.t�1 _ Ilaswim II "'lll�l •e�id�� I I ��R� tl�� �I�uajy� 6 �S I'IL�D. ala :I�aO�lr II'isE�ll I I r CRO,SS - SECTIUN F-F A PROPERLY INSTALLED ALLED S i RAID' BALE Plate 4. 05c Installation of Straw Bales Source : HydroDynamics , Inc. Design Criteria 4- 17 wrr Florida Erosion and Sediment Control Inspector's Manual aw A formal design is not required for many small projects and for minor or incidental applications . For larger projects refer to Figure 4 . 05a ( FDOT Standard Index 102 , Chart 1 ) for guidance on recommended spacing . Construction Specifications .. Sheet Flow Applications ,. 1 . Bales shall be placed in a single row , lengthwise on the contour, with ends of adjacent bales tightly abutting each other. ., 2 . All bales shall be either wire-bound or string-tied . Straw bales shall be installed so that bindings are oriented around the sides rather than along the tops and bottoms of the bales (in order to prevent deterioration of the bindings) . (See Plate .. 4 . 05b ) 3 . The barrier shall be entrenched and backfilled . A trench shall be excavated the .. width of a bale and the length of the proposed barrier to a minimum depth of 4 inches (10 cm ) . After the bales are staked and chinked , the excavated soil shall be backfilled against the barrier. Backfill soil shall conform to the ground level on the •. downhill side and shall be built up to 4 inches ( 10 cm) against the uphill side of the barrier ( See Plate 4 . 05c) 4 . Each bale shall be securely anchored by at least two 2" x 2" (5 cm x 5 cm) minimum wooden stakes or two #5 ( 16 mm ) minimum rebars at least 3 feet (0 . 9 m) driven through the bale . The first stake in each bale shall be driven toward the previously laid bale to force the • bales together. Stakes or rebars shall be driven deep enough into the ground to securely anchor the bales . Straw bale barriers placed on paved surfaces may be secured by placing heavy sand bags on top , and/or by bracing with 2 x 4's (5 x 10 cm ) . (See Plate 4 . 05d ) wr 5 . The gaps between bales shall be chinked (filled by wedging ) with straw to prevent water from escaping between the bales . (See Plate 4 . 05b) Loose straw scattered over the area immediately uphill from a straw bale barrier tends to increase barrier efficiency. • 6 . When bales are installed at the toe of a slope , they should be placed away from the slope for increased storage capacity. (See Plate 4 . 05e) 7 . Inspection shall be frequent and repair or replacement shall be made promptly as needed . 8 . Straw bale barriers shall be removed when they have served their usefulness , but not before the upslope areas have been permanently stabilized . 4- 18 r Chapter 4 - Best Management Practices for Erosion and Sediment Control • ti BALE 4 " MtN. z,t INTO 50L. II • SECTION A - A ANGLI= STAKE TOMARD f° RZErVIOU5 BALE TG PROVIM T16W FI ' +rr TA � r SECTION B - B OR REDAR ;MVEH it TNR XJ" SALE . �0 O W LL k 0 p � PLAN Tfe STRAW CALM 514AN" SE "LACED ON 5 �0 COWOURD 2, SALMS '.'O BE P!A6r=D IN A RDW KITH Tlmff � ENDS TISHTLY AMrrLIN& U5E STRAY'S ROCKS, Plate 4.OSd Straw Bale Barrier OR FLYER FABRIC. TO FILL GAPS BETM N THE $AL_5 AtiR TATS' Tr E 5AaKrI1-L MATERIAL TO Sauroc Erosion Drawn MON/EXT eROSION M PLaW APX JNV MAL9, Plate 4 . 05d Straw Bale Barrier — Source: Erosion Draw ■ 4- 19 • Florida Erosion and Sediment Control Inspector's Manual Channel Flow Applications 1 . Bales shall be placed in a single row, lengthwise , oriented perpendicular to the contour, with ends of adjacent bales tightly abutting each other. 2 . The remaining steps for installing a straw bale barrier for sheet flow applications apply here , with the following addition . dw 3 . The barrier shall be extended to such a length that the bottoms of the end bales are higher in elevation than the top of the lowest middle bale to assure that sediment-laden ,. runoff will flow either through or over the barrier, but not around it . (See Plate 4 .05f) Maintenance +� 1 . Straw bale barriers shall be inspected immediately after each rainfall and at least daily during prolonged rainfall . .. 2 . Close attention shall be paid to the repair of damaged bales , end runs and undercutting beneath bales . OW 3 . Necessary repairs to barriers or replacement of bales shall be accomplished promptly. 4 . Sediment deposits should be removed after each rainfall . They must be removed when the level of deposition reaches approximately one-half the height of the barrier. 5 . Any sediment deposits remaining in place after the straw bale barrier is no longer required shall be dressed to conform to the existing grade , prepared , and seeded . .. ul aNr i i = =1 1= I - �lu - f mai=O —sit I is . I.1 �y3 MryrO�eiiJo Plate 4 . 05e Proper Placement of Straw Bales at the Toe of a Slope — Source : HydroDynamics , Inc . aw 4-20 r Chapter 4 - Best Management Practices for Erosion and Sediment Control w. A A Ij Points A Should be Higher than Point B PROPER PLACi MEKT OF STRAW BALE BARRIER IN DRAINAGE WAY •■ • Plate 4.05f Proper Placement of Straw Bale Barrier in a Drainage Way Source: Installation of Straw and Fabric Filter Barriers for Sediment Control, Sherwood and Wyant sir 4-21 aw Florida Erosion and Sediment Control Inspector's Manual ., 106 SILT FENCE ( ES BMP 1 . 06 ) Definition A temporary sediment barrier consisting of a filter fabric stretched across and attached to aw supporting posts and entrenched . There are two types . The silt fence is a temporary linear filter barrier constructed of synthetic filter fabric, posts , and , depending upon the strength of the fabric used , wire fence for support . The filter barrier is constructed of stakes and burlap or synthetic filter fabric. Purposes 1W 1 . To intercept and detain small amounts of sediment from disturbed areas during construction operations . O 2 . To decrease the velocity of sheet flows and low4o-moderate level channel flows . r Conditions When Practice Applies 1 . Below disturbed areas where erosion would occur in the form of sheet and rill erosion . Ow 2 . Where the size of the drainage area is no more than 1 /4 acre per 100 feet ( 1 . 3 ha / 100 m) of silt fence length ; the maximum slope length behind the barrier is 100 feet (30 m ) ; and the maximum gradient behind the barrier is 50 percent (2: 1 ) . 3 . In minor swales or ditch lines where the maximum contributing drainage area is no greater than 2 acres (0 . 8 ha) . 4 . Under no circumstances should silt fences be constructed in live streams or in swales or ditch lines where flows are likely to exceed one cubic foot per second (cfs)(0 . 03 m3 / sec. ) . See Design Criteria for further clarification . Planning Considerations Ow Silt fences can trap a much higher percentage of suspended sediments than can straw bales and may be preferable to straw barriers in many cases . While the failure rate of silt fences is •• lower than that of straw barriers , this failure rate is still due mainly to improper installation . The most effective application is to install two parallel silt fences spaced a minimum of three feet apart . The installation and maintenance methods outlined here can improve performance . Filter barriers are inexpensive structures composed of burlap or standard weight synthetic filter fabric stapled to wooden stakes . Flow rates through burlap filter barriers are slightly .. slower and filtering efficiency is significantly higher than for straw bale barriers . 4-22 Chapter 4 - Best Management Practices for Erosion and Sediment Control ■li � I � 7 - up TF, UvOrr N6.n' 1„ lut ai1F ' we '✓ae•' a' FOW AATC5 f C''5 J - - - ymn•' v'4[d .Ywr'"P.1•4 A-W i'W'M' OA: :'trait-M. VQy 94n161 • •i 111111 I :r'8••' i6 •Ef'r.•: <i:^ :.0/d:rrlreN MM'•Ma:f. ly ? :, • .1J 1t:ae•.- :• 11 a :b 1 NW.YY • JS � 571L5 1' S- R4 • .•r N:.11 - rC— I Is f r.- r : M Nr'O SCr'G 1 I •.,,- r1:,1•:Y ha—dy Lw— l illi _C :m� k �bRIs , Ina A Tass%, 1 Ly' Is4Is qq x • :a` n !p ' tea, Yr t" I • `\i+r glo \• Ass;gr Olt ` ` ` r 42causlVerbAc • re.mi-sta1F spe 1 Ws%91.: oris XZ1 3S : A7D $Dp:icy f In Fcvt , CHAR r I "` RECOMMENDED SPACIA'5 FOR TYPE I AND TYPE II ) MY SALE BARRIFR5 . AND 1' YPE RFSJIT FENCES rlr Plate 4 . 06a FDOT Standard Index 102, Chart 1 .. Source : FDOT Roadway and Traffic Design Standards Silt fences composed of a wire support fence and an attached synthetic filter fabric slow the +rrr 4-23 r • (uao 06) 1991 E 10 yl6u9l wnw ! u ! w a yj!m le}aw . o Jualen! nbo ao ` ( paijalaid) poom ( wo g x 5 • Z) „Z x „ � eq pegs sjaujeq jallg jol say els t, • wayj of 9jim 6upelsel aol suoi ofoid aney pet's .. s}sod 1991S • ( w 51 l, ) 19919 jo yl6uel wnw ! u! w a i4pm leak (w/6�1 Z) }ool aeau ! l jad spunod gg • 6 ao ` poom aa}awelp ( wo 00 youi tr aayl!e eq ! ieys SGOU91 Il !s Jo} sIsod E •ougej ( zw/6 0trE) pjeA ajenbs jad saouno 0 6 aq ! ieys delin8 • Z 6 (06-V 01 OL H =1 * OZ l, of :j . p jo 96uej aanjejadwa} a le aj! l uo !}onulsuoo elgesn pajoedxe jo syjuow g jo wnwlu ! w a ap !noid o} saaz! l ! gels pue sjol!q ! yu ! AeJ 1910 !neJlln uleluoo lleys ougej aajlg og9gjuAS • uieA aualfteAlod jo `jajs9Alod ` uolfxu ` euelAdoid jo jaays snomied a eq ! ieys ougej jallg o !}agIuAS 6 .. sleua�elN suo !1eo !j ! oa g u6145na1suoo • syluow g si aj! l elgesn paloadxe jlayl • eu ! l aoual ayj pu !yaq pepuod jajem .. jo }y6 !ann ayl :poddns of glbuaals leinjoru}s lua !o!jns aney IOU op sougej Auew pue ` smog lauueyo Aq pajeaaua6 aajemlo sownlon ayj jallg jouueo Allew.iou AeLLL • pajoedxe a a e s M o 11 puelaano ao }aays Aluo yo ! gm ui suo!jenj!s of pal!w ! l Apipeoildde alayj .. aney ` sJauaeq i9jIg deunq ueyj fi4! 1 !geeuued jemol yonw aney Aaqj asneoeq `saoua} ll ! S ' E pa}oadxe aie ( 'pas / £w E040) NO 6 bulpaeoxe }ou) SM04 oJejapow Jo Im enol aaaynn pue sollsuajoeieyo gouni pue inoluoyea eqsabueyo o! oulsuouo snonu !luoo ajegm suopool tiejodwal le pue `slalui doap puno ie ` seuil yo}! p ui algeolldde oie Aayl ' syjuow g jo aj! l algesn pajoadxe ue aney ! ieys sja !ajeq aall !=l ' Z • 6u !oeds papuawwooai uo aouep! nb aol ( e90 • tr a}eld ) 6 :peyo ` ZO � xapul piepuejS load of as;aj suo !leo! lde mog !auueyo .iod • suo!leo ! idde •� lejuappui pue coup jol pue sloafoid llews Auew ao} pai ! nbaa si u6 ! sep lewaoj ON � e1184! o u ! saa • saloled (elo pue Ips jaug ay} 6uua ! } uegm s !agel uanon-uou pue uanon� y}oq 6Uowe uoljeuen elgejap!suoo s ! aaayj `sluew ! pes Apues aol sepuep bu !aa4l4 y6 ! y i(aan a}ej suowep sougej ayj jo ! le el ! yM • add ougej jo sselpie6aa tien saJea 41 ! ge9wa9d ' uo!le ! pea 1a10 !neJlln an!sua}xa aapun bu!}sallo anal si awes ayl • souclej uemm,,uou ayj 6uowe suo1J0e9.110 Gauen a We aaayl ' 1416u9a}s ul eseaaaui souge} uanonn ayj 10 }sow ` suo !j! puoo MR aajem ou ! le� le pue ppe aapun palsal uayM ' sogel uanom,,uouyj ueyj y6uajjs �ay6! y l(elds! p lln eloaawwoo aje sougej o !jayjuAs uanom,,uou pue uanom yjo8 • deunq ueyj AoualoL}a 6uuallg aay6 ! y a aney Inq Allueog! u6 !s a}ej mog lenueVj s, ojoeclsul loaIuoo Iuaw ! paS pue uo !sa3 epuo!J ,,. , . si lope Along the L Of in . Slakes _ MaX4 � �� III I III f .000 LI . L J 40 Jill ore 0� 3i StapleFil: mMaturialtosmicos 4. Backfill �i . . an � Extend it into the Tre rich : . . Flow rml f ,. 1 ,1F5;� ' 1,ir �t •. . tt1'•. i5r1 .• . i';tiL : .�Srt w'. )'.��� .£Sn .Y . .�1�@ :�01. ': ,",��1.:� �.5}:,5 . 07 11 i :5� �, A i v �:,' • �'�LS41�•h�� '. • } '� +'' ita +{E;' - k•''� �xxx` a �'' .Y .� .• �. � � , : �L � Ii� S.� ' : i! , .- ... I�: : - . �L k�\k� �yk'� E-.r.`•'' y��� 1� 1 4 l*%� ."l�' •:.r�. ♦ �I Ln� . rh� 11 .� J . - v � .:F.41. Y k, ,5 �i,�•Jrt1'�� i , ^uUu �r — pJ11 C � f .,�:M1 :.�ti; :'�l%fir. -c:�'eti ,��`�.. ir• yf� �`.'e�' •� i� � ��.i .K1.a.r�J.v�r��. r �,: �if�fCr:h i.( J.e'• l:.Y-. i be • c. r 1h a nPoint Drainageway Installation Now AM .. Florida Erosion and Sediment Control Inspector's Manual aw 5 . Wire fence reinforcement for silt fences using standard strength filter cloth shall be a minimum of 36 inches (90 cm ) in height, a minimum of 14 gauge and shall have a maximum mesh spacing of 6 inches ( 15 cm ) . MW Sheet Flow Applications : Filter Barrier This sediment barrier may be constructed using burlap or standard strength synthetic filter fabric. It is designed for low or moderate flows not exceeding 1 cfs. (0 . 03 m3 / sec . ) . (See Plate 4 . 06b ) a. 1 . The height of a filter barrier shall be a minimum of 15 inches (38 cm) and shall not exceed 18 inches (45 cm ) . 2 . Burlap or standard strength synthetic filter fabric shall be purchased in a continuous roll and cut to the length of the barrier to avoid the use of joints (and thus improve .w the strength and efficiency of the barrier) . 3 . The stakes shall be spaced a maximum of 3 feet (90 cm ) apart at the barrier �. location and driven securely into the ground a minimum of 8 inches (20 cm ) . 4 . A trench shall be excavated approximately 4 inches ( 10 cm) wide and 4 inches ( 10 cm ) deep along the line of stakes and upslope from the barrier. 5 . The filter material shall be stapled to the wooden stakes , and 8 inches (20 cm ) of the fabric shall be extended into the trench . Heavy duty wire staples at least 1 /2 inch ( 13 mm ) long , hog rings , or tie wire shall be used . Filter material shall not be stapled to existing trees . 6 . The trench shall be backfilled and the soil compacted over the filter material . '" 7 . Filter barriers shall be removed when they have served their useful purpose , but not before the upslope area has been permanently stabilized . 'Sheet Flow Application : Silt Fence This sediment barrier uses standard strength or extra strength synthetic filter fabrics . It is `w designed for situations in which only sheet or overland flows are expected . (See Plate 4 .06d ) WN 1 . The height of a silt fence shall not exceed 36 inches (90 cm) . Higher fences may impound volumes of water sufficient to cause failure of the structure . 2 . The filter fabric shall be purchased in a continuous roll cut to the length of the barrier to avoid the use of joints . When joints are necessary , filter cloth shall be spliced as described in item No . 8 below . 4-26 OW Chapter 4 - Best Management Practices for Erosion and Sediment Control r► 1 � trzked arra Yrcr+ r�,�d - •• cyilt Fencc MOO Reuifvrced Staked Brief Trenched mitt Fence +rr c�ur�aGc 3�i�n �f� .. .�-- .�- - ¢ ek n lf! lfti rrr � r ^ �� 4� Tijr ff ;l t1 L411 arr4 r. Rf s rr. Plate 4. 06c Double Row Staked Silt Fence Source : Reedy Creek Improvement District f 3 . Posts shall be spaced a maximum of 10 feet (3 m ) apart at the barrier location and driven securely into the ground a minimum of 12 inches (30 cm ) . When extra strength fabric is used without the wire support fence , post spacing shall not exceed •� 6 feet ( 1 . 8 m ) . 4 . A trench shall be excavated approximately 4 inches ( 10 cm ) wide and 4 inches ( 10 •• cm ) deep along the line of posts and upslope from the barrier. 5 . When standard strength filter fabric is used , a wire mesh support fence shall be fastened securely to the upslope side of the posts using heavy duty wire staples at least 1 inch (25 mm) long , tie wires , or hog rings . The wire shall extend into the trench a minimum of 2 inches (5 cm ) and shall not extend more than 36 inches (90 cm) above the original ground surface . 6 . The standard strength filter fabric shall be stapled or wired to the fence, and 8 inches (20 cm ) of the fabric shall be extended into the trench . The fabric shall not extend more than 36 inches (90 cm ) above the original ground surface . 7 . When extra strength filter fabric and closer post spacing are used , the wire mesh support fence may be eliminated . In such a case , the filter fabric is stapled or r 4-27 Florida Erosion and Sediment Control Inspector's Manual wired directly to the posts with all other provisions of item No . 6 applying . 8 . When attaching two silt fences together, place the end post of the second fence inside the end post of the first fence . Rotate both posts at least 180 degrees on a clockwise direction to create a tight seal with the filter fabric. Drive both posts into the ground and bury the flap . (See Plate 4 .068 ) 9 . The trench shall be backfilled and the soil compacted over the filter fabric. •• 10 . The most effective appliction consists of a double row of silt fences spaced a minimum of three feet apart. The three foot separation is so that if the first row collapses it will not fall on the second row. Wire or synthetic mesh is may be used to reinforce the first row. (See Plate 4 . 06c) 11 . When used to control sediments from a steep slope , siltfences should be placed away from the toe of the slope for increased holding capacity. (See Plate 4 .06f) 11 . Silt fences shall be removed when they have served their useful purpose , but not before the upslope area has been permanently stabilized . Channel Flow Applications dw 1 . If a filter barrier is to be constructed across a ditch line or swale , the barrier shall be of sufficient length such that the bottom of the end sections of fence are higher in elevation than the top of the center section to eliminate end flow . The plan configuration shall resemble an arc or horseshoe with the ends oriented upslope . (See Plate 4 . 06b) . 2 . Use FDOT Standard Index 102 , Chart 1 ( Plate 4 . 06a ) as a guide for spacing . 3 . The remaining steps for installing a filter barrier for sheet flow applications apply here . Maintenance 1 . Silt fences and filter barriers shall be inspected immediately after each rainfall and at least daily during prolonged rainfall . Any required repairs shall be made aw immediately . aw 2 . Should the fabric on a silt fence or filter barrier decompose or become ineffective before the end of the expected usable life and the barrier still be necessary, the fabric shall be replaced promptly. aw 3 . Sediment deposits should be removed after each storm event. They must be removed when deposits reach approximately one-half the height of the barrier. OW 4-28 Chapter 4 - Best Management Practices for Erosion and Sediment Control iLTER =ABRIC ■r MATERIAL SPOCM OF POSTS TO 9E 6-1C FEET APART 2 FEST NN 1rr FER +33- :ITIONAL STREWjr.-I. I _ `ILT;.R TAb'R3C MATERIAL CAN BAC<FILLED IRENC-i SE ATTACHED TO A 6-:NCH [MAX ) - -I t Sfl III MESH WIRE SCREEN VH1CH WiS ' -+ '• 0 FEN FASTENED TO THE aCSTS " �li CI r�► ��„ = TVC PC FABRIC "T` 31 60F 7 ATTACK NG TVD SILT i= 4 SIMP51? VAITMIMT AIRE IvES;H - - O — . � '" . a1rs• �' "p r - 1111 pIN11ia1d11. � ••' r �P .� N , • + Yioov POST IIt �11Nj� IN111111 E111 �YMPI jI l � llyi{� � •111 ;d:+���� "" •rr:'� � 1 r IIIN A . 111111111 y141 �p1j1� NM11 . •M •►Mi� � ' I j�111a� WWII 1A1j1 j111111f�� N%►hall jdlii+ �'� � i1INNINNIMMINNIM • It 1 Mlr �!N IF 1111 M � A MIIIIN SII iir �+ � pwri i � u ' j ; i1 ,;�N1'u�N;;� . �,� �r dll � dhjj1111�10N11IM 1iiMll ;�y '� ~ f � 1 rpp FLOW 10 fT MAX WAWNS ATH lb PT KA�X 5?AC4N& 14171 _ . if PON=005 HT. - . STI CR FILTER P; ABAINICo - . 36 " m4i &.04 HAA-\ TO UPSTREAtv r OF POST. RLWOFF 112w HIKI, 1 , �// `/` �\ 120 toll A STANDARD DETAIL 1 , IN5PILCT . fRL=wAdzZ . - . REMOVE r r ' • 70 AN AFX=.A THAT KILL NOT • - r ► CPAN 5rme 5TABIlI DE M.I.I ON SLOPE• i - • r so . - Chapter 4 - Best Manaqement Practices for Erosion and Sediment Control 4 . Any sediment deposits remaining in place after the silt fence or filter barrier is no longer required shall be dressed to conform with the existing grade , prepared , and seeded . lk L .r L � Wit Plate 4 . 06f Proper Placement of a Silt Fence at the Toe of a Slope .. Source : HydroDynamics , Inc rTrTn _ P'Lace the end post of the second fence inside the end post of the first fence Rotate both post at — - — -- :east 180 cegr�ss. in a �. clockwise dl =tion to � creale a tight ssai vritb the faa=e material Direction of Runoff Waters Drive both post about R D tr;chss into the - - -12 . --• ground and bury flap � Plate 4 . 06g Attaching Two Silt Fences Source: HydroDynamics , lnc. 4-31 Florida Erosion and Sediment Control Inspector's Manual 4 . 07 BRUSH BARRIER ( ES BMP 1 . 07 ) .. Definition A temporary sediment barrier constructed at the perimeter of a disturbed area from the residue materials available from clearing and grubbing the site . Purpose AW To intercept and retain sediment from disturbed areas of limited extent , preventing sediment AW from leaving the site . Conditions Where Practice Applies MW Below disturbed areas subject to sheet and rill erosion , where enough residue material is available for construction of such a barrier. 4 Planning Considerations ,r Organic litter and spoil material from site clearing operations is usually burned or hauled away to be dumped elsewhere . Much of this material can be used effectively on the construction site itself. During clearing and grubbing operations , equipment can push or dump the mixture 4W of limbs , small vegetation and root mat along with minor amounts of soil and rock into windrows along the toe of a slope where erosion and accelerated runoff are expected . Anchoring a filter fabric over the berm enhances the filtration ability of the barrier. Because ow brush barriers are fairly stable and composed of natural materials , maintenance requirements are small . a Design Criteria A formal design is not required . Construction Specifications +•• 1 . The height of a brush barrier shall be a minimum of 3 feet (90 cm) . 2 . The width of a brush barrier shall be a minimum of 5 feet ( 1 . 5 m) at its base . (The �• sizes of brush barriers may vary considerably based upon the amount of material available and the judgment of the design engineer. ) 3 . The barrier shall be constructed by piling brush, stone , root mat and other material from the clearing process into a mounded row on the contour. W If a filter fabric is used ( Plate 4 . 07a) : 4 . The filter fabric shall be cut into lengths sufficient to lay across the barrier from its upslope base to just beyond its peak. Where joints are necessary, the fabric shall 4-32 r 1 • • • • - • . 18 ,,`i mo.joq�YJA 310 41 P7 �`� ' � � � � a'' `� I rll �1 1 ►, x`J � ' 'c�^' Florida Erosion and Sediment Control Inspector's Manual do 4 . 08 STORM DRAIN INLET PROTECTION ( ES BMP 1 . 08 ) Definition A sediment filter or an excavated impounding area around a storm drain drop inlet or curb �" inlet. Purpose dw To prevent sediment from entering storm water conveyance systems prior to permanent AM stabilization of the disturbed area . Condition Where Practice Applies Where storm drain inlets are to be made operational before permanent stabilization of the disturbed drainage area . Different types of structures are applicable to different conditions .. (see Plates 4 . 08a through 4 . 08h ) . Planning Considerations *W Storm sewers which are made operational before their drainage area is stabilized can convey large amounts of sediment to receiving waters . In case of extreme sediment loading , the storm sewer itself may clog and lose most of its capacity. To avoid these problems , it is necessary to prevent sediment from entering the system at the inlets . This section contains several types of inlet filters and traps which have different applications dependent upon site conditions and type of inlet. Other innovative techniques for accomplishing the same purpose are encouraged , but only after specific plans and details are .,„ submitted to and approved by the stormwater permitting agency. Note that these various inlet protection devices are for drainage areas of less than one acre ,. (0 .4 ha) . Runoff from large disturbed areas should be routed through a TEMPORARY SEDIMENT TRAP - Section 4 . 25 ( ES BMP 1 . 25 ) . �.. Design Criteria 1 . The drainage area shall be no greater than 1 acre (0 .4 ha ) . 2 . The inlet protection device shall be constructed to facilitate clean out and disposal of trapped sediment and to minimize interference with construction activities . 3 . The inlet protection devices shall be constructed so that any resultant ponding or stormwater will not cause excessive inconvenience or damage to adjacent areas or structures . 4 . Design criteria more specific to each particular inlet protection device will be found on Plates 4 . 08a-h . 4-34 Chapter 4 - Best Management Practices for Erosion and Sediment Control Drop Inlet with Grate Compacted Soil Staked r• - � --- ^•��^ to Prevent Piping Straw Bale a a 1. ' . iz 1. o Runaff Wattr Filtered " II a r a with Sedimen Water JC3 ca '4 9a Straw Bales Staked with 2 Stakes Per gale r Specific Application This method of inlet protection is applicable where the inlet drains a relatively flat area ( slopes no greater- than 5 percent ) where sheet or averland flows ( not exceeding M tfs ) are typical . The method shall not apply to inletx receiving concentrated flews , such as in street or highway medians. wr Plate 4. 08a Straw Bale Drop Inlet Sediment Filter Source : Michioan Soil Erosion and Sedimentation Control Guidebook ■ 4-35 4W Florida Erosion and Sediment Control Inspector's Manual STRAP' BALES ARE TO BE PLACED 4 INCHES IN T HI: SEIL. TIGHTLY ABUTTING VITH NO GAPS . STA{ED AND BACKFILLED ARr.'UNl] THE EmU T IRE OUTSI -0E PERIMETER A A r .r .. AREA : RLE q f wA7H '5RPTE r ri W1 r CVE��D� M rl RLr r W 91-11�I iQ1I � 1 lal I Id_� I IIaC1= IU I-I 11•.��I=J� V ICI ..'�I W I*.I it r lyl I • r i •IN I � -•.�•. •ti. h .. F31 JERED VATER - SEG T I11N AA NOTE; S =MAW BALs FIL i ERS ARE NOT TO GL USE7 I= A ". .JACEN T AREA TO INLET IS PAVE Plate 4 . 08b Straw Bale Filter for Area Inlet Source: HydroDynamics, Inc . 4=36 Chapter 4 - Best Management Practices for Erosion and Sediment Control ra A y+�ppp 5TftiK�S OR 'o ° � tvlE7lkl FMO^9. 517A!"t. 3ALE5 ro i 16+MY 5TACX9O OR eit a Of=SaT GOK145 5 AS 5�40yft •� 9996999119 �° 1MRAIN 1` 6RAV�L. •9� a BACKFILL • „ e n rr Lr:SS THAN 5516 51-01 A ar PLAN VIIEW �r SACKFILL i INL.Ewt MINI DROP ` � �*A['�J 5TI•L►tiY•l Y I ] INTO SOIL. SECTION A4 aEpUO 71 {'OR .�N441 NEf►RLY !_� PRAINAEe MJ5T Be l+>�� 3�OrLorl Tf4e is*a ElTW 5�.%ZiURM [ EVATON } AREAS. (LE55 7fiAN } DOnKSL OFE TO PRE:VE14T PIWOFF FROM SY- . EMBED Tim E 4L1:9 d " L�iTO TH>� SOIL ANP I'Assim s Tire INLET EXOA%IATION 01= A BAS[M ■ ONSET GORNMS OR FL-AOM M BALM AT" EMDS ApjAv&ENT TO ?iiE DROP [WXT OR A TEWP oRti T1TATI EF2d'3EDTI oR I=LoK ARR+OU4v TS BALE& 5TRL4TIFRE MAY BE NW55=5^Kwo, OF '1'� ■ Plate 4 . 08c Straw Bale and Gravel Drop Inlet Sediment Barrier Source: Erosion Draw 4-37 Florida Erosion and Sediment Control Inspector's Manual Construction Specifications Straw bale drop inlet filter 1 . Bales shall be either wire-bound or string-tied with the bindings oriented around the sides rather than over and under the bales . �. 2 . Bales shall be placed lengthwise in a single row surrounding the inlet, with the ends of adjacent bales pressed together. ( See Plate 4 . 08a) 3 . The filter barrier shall be entrenched and backfilled . A trench shall be excavated around the inlet the width of a bale to a minimum depth of 4 inches ( 10 cm ) . After the bales are staked , the excavated soil shall be backfilled and compacted against the filter barrier. (See Plate 4 . 08b ) 4 . Each bale shall be securely anchored and held -in place by at least two stakes or rebars (See p . 4- 17 ) driven through the bale . .. 5 . Loose straw should be wedged between bales to prevent water from entering between bales . �. 6 . Gravel may be spread around the bales to improve stability . (See Plate 4 . 08c) Fabric drop inlet sediment filter 1 . Fabric shall be cut from a continuous roll to avoid joints . 2 . Stakes shall be 2" x 4" (5 cm x 10 cm ) wood (preferred ) or equivalent metal with a minimum length of 3 feet (90 cm ) . (See Plate 4 .08d ) ■• 3 . Staples shall be of heavy duty wire at least 1 /2-inch ( 13 mm) long . 4 . Stakes shall be spaced around the perimeter of the inlet a maximum of 3 feet (90 • • cm) apart and securely driven into the ground minimum of 8 inches (20 cm) . A frame of 2" x 4" (5 cm x 10 cm ) wood shall be constructed around the top of the stakes for proper stability . 5 . A trench shall be excavated approximately 4 inches ( 10 cm ) wide and 4 inches ( 10 cm ) deep around the outside perimeter of the stakes . (See Plate 4 . 08e) 6 . The burlap shall be stapled to the wooden stakes , and 8 inches (20 cm ) of the fabric shall be extended into the trench . The height of the filter barrier shall be a minimum of 15 inches (38 cm) and shall not exceed 18 inches (45 cm ) . 7 . The trench shall be backfilled and the soil compacted over the burlap . r 4-38 Chapter 4 - Best Management Practices for Erosion and Sediment Control Pot A f TIN LOCO ] ODDDE A PLAIN VIEW A7TAG. + PrLTER FAmiG 5$CoMLY To 2x4 HOOP TOP FRA141U NECESSARY 111 MAHM 0YER;LA1*PtN6 FOR STABILITY PABRIG TO NEXT 5TAXE �\ F� I to PONDIN3 HT, ■r 294 Mom MRAHIff 15V MAX. 4 511Di±S or D. I . 5611 �1AX T� \ L?. " MIK I\• DROP SECTION A = A � NOTM i . DROP IM-ET sEDIT'ENT MARRIERS ARE To BE 4. THE TOP CP 9til=- 11MAME (POtZPING H00ft?) USED rC% 5HALL, NEARLY LtYEL DRAINAwry Mist 6E MLi..L VeLorl THE CPROLINP EL_vAvriow AFMA5. (LEW TKAN 5W DOY9MaLtIOPE TO "MVERT !RUNOFF "COM Bi'- 2, U9E 2X4 i4009 OR EMUIVALEW 1`�VTAL STAKES. rA561N6 TIAM IWr=fa A TEMPORARY DHCE MAY (3 n. KN. LMOTH) = MG0t:59P.1,qY ON THis vom +I-Of'Ir siren dv 5. INSTALL 2X4 HOOD TOP FRAME TO INSJIRB THE 5-rR4G%M. STABILITY. Plate 4 .08d Silt Fence Drop Inlet Sediment Barrier Source: Erosion Draw 4-39 ■ .. Florida Erosion and Sediment Control Inspector's Manual 2 x 4 • vnnn FRAME PROP INLET WLTH GRATE rr i•RAKE 1.5' MAX. GATHER EXCESS I �y A' CORNERS PerspectiVe View's STAKE I FABRIC C 14 MIN. y A i f� Elevaiion of Stake and rabric 4rientaion Detail A Spec H! c A22201i0n .r matEr This mathod of inlet protection is applicable where the inial drain's a relatively flar�hesmethod &hail not than S°'o) where the inlet sheet or overland flows ( not exceeding i c.f.s.) are typical. apply to in3$ts receiving Concentrated flows, such as in &tract or highway medians. r .. Plate 4 . 08e Filter Fabric Drop Inlet Sediment Filter Source: North Carolina Erosion and Sediment Control Manual r Gravel and wire mesh drop inlet sediment filter 4-40 r Chapter 4 - Best Management Practices for Erosion and Sediment Control 1 . Wire mesh shall be laid over the drop inlet so that the wire extends a minimum of one foot (30 cm ) beyond each side of the inlet structure . Hardware cloth or comparable ' wire mesh with 1 /2 inch ( 13 mm) openings shall be used . If more than one strip of mesh is necessary, the strips shall be overlapped at least 1 ft . (30 cm ) . 2 . FDOT No . 1 Coarse Aggregate ( 1 . 5" to 3 . 5" stone) (4 - 9 cm ) shall be placed over the wire mesh as shown on Plate 4 . 08c. The depth of stone shall be at least 12 inches (30 cm ) over the entire inlet opening . The stone shall extend beyond the inlet opening at least 18 inches (45 cm ) on all sides . (See Plate 4 . 08f) 3 . If the stone filter becomes clogged with sediment so that it no longer adequately performs its function , the stones must be pulled away from the inlet, cleaned and replaced . r NOTE : This filtering device has no overflow mechanism . Therefore, ponding is likely especially if sediment is not removed regularly. This type of device must never be used where overflow may endanger an exposed fill slope . Consideration should also be given to the possible effects of ponding on traffic movement, nearby structures , working areas , adjacent property, etc. 167 MIN . --► GRAVEL ( 12" MIN . DEPTH ) RUNOFF WATER WITH SEDIMENT , - � - 44 O tl Q WIRE MES'r rr SEDIMENT FILTERED WATER S pe odic Arawia atien T9is method of inlet protection is *applicabla whare hoavy ccnoentratad flows are expected, but no: where ponding around the etructurs might cal:sa excessive incor fence or damage to adjacent strurturas and unprotected areas . Giaual Shall tie VDOT S81 *357, or Ns Coarse Aag"ta. Plate 4. 08f Gravel and Wire Mesh Drop Inlet Sediment Filter Source: Virginia DSWC r� 4-41 "r Florida Erosion and Sediment Control Inspector's Manual r. Block and gravel drop inlet sediment filter 1 . Place concrete blocks lengthwise on their sides in a single row around the perimeter of the inlet, with the ends of adjacent blocks abutting . The height of the barrier can be varied , depending on design needs , by stacking combinations of 4 inch , 8 inch and 12 inch ( 1. 0 , 20 , and 30 cm ) wide blocks . The barrier of blocks shall be at least 12 inches (30 cm ) high and no greater than 24 inches (60 cm ) high . 2 . Wire mesh shall be placed over the outside vertical face (webbing ) of the concrete .. blocks to prevent stone from being washed through the holes in the blocks . Hardware cloth or comparable wire mesh with 1 /2 inch ( 13 mm ) openings shall be used . (See Plate 4 . 088 ) 3 . Stone shall be piled against the wire to the top of the block barrier. Suitable coarse aggregate shall be used . (See Plate 4 . 08h ) r. 4 . If the stone filter becomes clogged with sediment so that it no longer adequately performs its function , the stone must be pulled away from the blocks , cleaned and ., replaced . 5 . As a very temporary alternative , pervious burlap bags filled with gravel may be placed .•r around the inlet provided that there are no gaps between the bags . (See Plate 4 . 081 ) 6 . Either of these two practices may be installed on pavement or bare ground Sod drop inlet sediment filter 1 . Soil shall be prepared and sod installed according to the specifications in SODDING - Section 6 . 67 ( ES BMP 1 . 67 ) . 2 . Sod shall be placed to form a turf mat covering the soil for a distance of 4 feet ( 1 . 2 m) from each side of the inlet structure . (See Plate 4 . 08j ) Prefabricated drop inlet internal filter bag (ACF Silt Sack) 1 . Remove the grate over the catch basin and insert the filter device , then replace grate to hold the device in position . 2 . When sediments have accumulated to within one foot (30 cm) of the grate the filter insert must be removed by a front-end loader or forklift . The filter may be discarded and replaced or it may be emptied , cleaned , and reused . NOTE: This segment does not constitute a product endorsement. 4-42 Chapter 4 - Best Management Practices for Erosion and Sediment Control .I. A MAIN ;Ub ORATE d 4L �'?� c � ° Q, y •� ° to i Q � CAD Q �. I Da � DD �J n J :Q ; _ dam • ° ryR,4vE! �.b•GK� ILL [3!A ' MIN,j op • y�ywe^ o • no ,•QDd OQ 'Co � ych o o ► l C7 ' 4 P A .. PLAN 'VIEW LOW SL AGK wI RzL SG EN Ot= ! � F !iTl� �A6fZIG• S�+rL S�4GKF! L�► arrieaa ow �� f Jnr •� VAA-M VD ;N6 HT. . n • • 1 Y'�As'1L•R I � ��O • �^ VROF INL..VT \ SECTION A - A - ! . 17Q�P S.*t; -r SeDII hT 8,41¢RI �RS hRw ;O 3. rHe -11 O? or- THe 5 w#c#TUR.: ("40INS +M rHT) 55 65W FOR 5?4ALJ.-, tiMARLY LCL D4AINASE C 5C iM T FIRM I NT UNOUFD E_EVATIOK aR:.45 . BLESS THAN 5A6) 9CV�IIrSL.Of'E TO PRE��NT RU'dpF. �f�Nl BY� 2. EKG e (LE5VAM T AN51N OF 5UMOME, hl7 S .ZE PA55046 7W INLET. A TJrMFOR4RY DIKE IeAY AV JA.� TO THE PROP I1�CrT. M PtEC.E55++'R`' ON TH= 'OOY4I+SLOF'J= 51D� Of • '1� ST1�JL:TU�. arr Plate 4.088 Block and Gravel Drop Inlet Sediment Filter r Source: Erosion Draw 4-43 ��Hfj•�'_ r=� �' 44� WRE SCREEN C014CRETE BLOCK !�s� ' w � .mow � •;�,�� t , CRIEDG :;A%/EL FILTER WIRE SCREEN FItT WATER OVERFLOW 1*4 WITH ® � SEDIME 1 + 1 DROP INLE-r WITH GRATE SEDIMENT Specft Applipation This nvthod of inlet protection is applicable whera heavy flows are expected ai- d where an overflow maQity necessary to prevent excessive ponding around the structure. Gravel Shaft be . • Aggregate. Chapter 4 - Best Management Practices for Erosion and Sediment Control I E eve_ FLTUI UFFMCFAMY FLN3/4-M MNfM a RAM t7 P,A� w FLTER aZs 5L� �, �m TW rF CDC319 . suis IWO No 4pps +4-C TrilFN I NA r � 3Ia-L"C� 7a4V� MrT ' N4 =xv= FFEA HV V;n; pier rn4►wm WT Dma ti E p rJAWD0i ,MMM A*FEDMILIAMY 24 DLLO u) a 2 L'IM wix P�m 6 MES R31 Max PUUYVI.R I ar MTIM DAM Ne Lail T&E 37A= z ►ars :f ItJJU LAY". Cr agGS VIE S34DL TO PREVENT -VAro,-r ave t�v Cr MKM. U ++WMw M Nw 64M GM PE n swlf 3? Do.&E B%AW ANYF WATIN rwT Q cYrl ARE EVZM CROSS-SECTIDN AA SINE VIE '.+ I CONCRETE BLOCK FILTER GRAVEL FILTER BAGS NiT E: GRAVrELFILTERS MAY BE US7�D ON PaPNEI ZINT UR EARS GR'UND Plate 4. 081 Gravel Filters for Area Inlets �r Source : HydroDynamics, Inc . Prefabricated drop inlet external filter (Suntree Isles Grate Inlet Protector) 445 Florida Erosion and Sediment Control Inspector's Manual 1 . Place the device over the inlet. If the inlet has a grate, the device shall be secured to the grate by means of a long toggle bolt. If the grate is not present, the device shall be bolted directly to the concrete . 2 . Sediments shall be removed when they have accumulated to within one foot (30 cm ) of the top of the device. The filter fabric elements shall be cleaned or replaced at that ., time . NOTE: This segment does not constitute a product endorsement . Gravel curb inlet sediment filter .N. 1 . Hardware cloth or comparable wire mesh with 1 /2 inch ( 13 mm ) openings shall be placed over the curb inlet opening so that at least 12 inches (30 cm) of wire extends across the top of the inlet cover and at least 12 inches (30 cm ) of wire extends •• across the concrete gutter from the inlet opening . (See Plate 4 . 08k) 2 . Stone shall be piled against the wire so as to anchor it against the gutter and inlet .. cover and to cover the inlet opening completely . FDOT No , 1 Coarse Aggregate shall be used . r. 3 . An overflow weir can be constructed of 2" x 4" (5 x 10 cm) boards to lessen ponding from this practice . (See Plate 4 . 08L) .. 4 . If the stone filter becomes clogged with sediment so that it no longer adequately performs its function , the stone must be pulled away from the block, cleaned and replaced . Block and gravel curb inlet sediment filter 1 . Two concrete blocks shall be placed on their sides abutting the curb at either side of the inlet opening . 2 . A 2" x 4" (5 x 10 cm) board shall be cut and placed through the outer holes of each spacer block to help keep the front blocks in place . 3 . Concrete blocks shall be placed on their sides across the front of the inlet and abutting the spacer blocks . (See Plate 4 . 08m ) 4 . Wire mesh shall be placed over the outside vertical face (webbing ) of the concrete blocks to prevent stone from being washed through the holes in the blocks . Hardware cloth with 1 /2 inch ( 13 mm) openings shall be used . 5 . FDOT No . 1 Coarse Aggregate shall be piled against the wire to the top of the barrier. 446 WWI 1p 'AI F7 FOUR I -FOOT MOE SMIPS EACH SIDE OF THE . - . - INLET RUNOfF VAIER FILTERED WATER WMH SEDIMENT AA 1p SPECIFIC 1131-11 = 11 = 11 = 1 � - 11= 11= f1 = 1l . =11 --II .I1: a THIS • r Or INLET PROTECTION - - ONLY AT THE TIME Of • PROTECT 'I INLET FROMSEDIMENT MULCH MATERIAL UNTIL PERMANENT VEGETATION HAS BECOMEa Florida Erosion and Sediment Control Inspector's Manual .. .yam OW GRAVEL FILTER j zr r RUNOFF WATER ' WLRE UESH FILTERED WAKR IAL — [. SEDIMENT CONCRETE Gl1MR 12" Ct)R3 !FILET eciflc 6RDlication, This method of inlet protection is applicable al curb inlets where ponding in troth of this structure is not likely to cause inoonvernience or damage to adjacent structures and unprotected ares. Graval Shall be VDOT #3 , #357, or #a Coarse Aggregate. OW Plate 4. 08k Gravel Curb Inlet Sediment Filter Source : Virginia DSWC r 4-48 r Chapter 4 as Best Management Practices for Erosion and Sediment Control c VEEV` 6' wMIA,llJIM SPAC04 er OFZXjV SPACERS t X 4" ANCHORS • � ; . /— EMERGENCY OVERFLOW ' ' • Perapectivo View Jam✓, r ^ti+ Z' x +• ►vE IR 2r X 0 SPACER SAND RA41 OR Z' kALNIMUM LENGTH ALTERNATE WEIGHT Of Y X 40 � x WEIR • GR&YEL Side Elevation .2" X 4' SPACER WIRE 1(Es;H " , . . 91 ,: : rNLET SPECIFIC APPLICATION ` • . + . TO PIPE THIS METHOD OF INLET PROTECTION IS APPLICABLE 10 CURB INLETS WHERE A STURDYo GOWPACT INSTALLATION IS DESIRED. EMERGENCY OVERFI.OW CAPABILITIES ARE 141141MAl., S8 EXPECT SIGNIFICANT PONDING WITH TKiS MEASURE . GRAVEL SHALL BE YDOT COARSE AGGREGATE � # 5 , . F557 OR #5 Plate 4 .08L Gravel Curb Inlet Sediment Filter with Overflow Weir Source: Maryland Standards and Specifications for Soil Erosion and Sediment Control 449 Hoo=k STUD SO -LOCK SACK OF; CUIRS CURB INIMET �`} . � ` .•� ' � � . ~~ ~ - fit' �� 4f . �� + : �f� • � .• : t � 11' � •• � . 4� M1~ • �• - . j�R'. � ! 1�j�� 1t + *,. �j�*rI �'r• � F, �• OR Co - 0 PLAN VIEW � 4 Jim MEN - r � r 54PRMEN Gnk ` CATCH BA51N 1 r + wST= � . SECTION A. A 2 . ' - • OR r r a M • sLoFPIN& . - - - r - w r AA7t:-R CAN. - rw r - + • ari r .r �r it it "' Chapter 4 - Best Management Practices for Erosion and Sediment Control .. W LEAVE WP9tOGQi+ MY a -05 VM MWEN &d1M WKS 1 £TYM4 GPA%n FLU PM£Tr'i2 7move MWEL :a7fR raPf R atrY RIM AV R%LKT UM= TO °ntvm 's Amr"04 C:N%JM FLA® M ! .r rMINT 7F GRAVEL. TIP IF C'TCCT 3OOiS W is m F+avf A TVITIS PC z x � A � Mirwl w.7 6 Mes FAM E' L'T . 0 • .. Ji KAM mAYEL METER Fx4' LTJM STUC EXTE + M Rets al: i two: ht CAFE M= EO�€lE FL*Y]C5 I sPn AM MEEM 3/4-VO4 EFAWV :014ADNED 1N PL'k+rd.tS " A' 81[3 CR "RFiE1'tC NET 510 n&-VCI PESO APPRMCMTELY EA POCS LDL 1Z XH S VIDE All b DOCS �r is om FcEz- In KM-L ar a xi' LSD 51'.D CONCRETE 'w °_K 417 °'�'�' PAVEME14T F3i�4 PAVEMiT �o- r o: raaYEL MIER H10 SH3 r FLAE ZRAvP. -*TER r ETT Be Awd T}£ RACS SUCH T..r M Mroju Riff I CNOCIE w{x GWS ARE EVa:W. •• CRQSS- SECTIDN AA i RONT VIEV .. CONCRETE BLOCK F ALTER GRAVEL FILTER BAGS i NGTE: 5RAVEL FILTERS CNN BE USED ON PMVEMENT OR '3ARE GROUND Plate 4 .08n Curb Inlet Gravel Filters rr Source : HydroDynamics , Inc. 6 . If the stone filter becomes clogged with sediment so that it no longer adequately 4-51 Florida Erosion and Sediment Control Inspector's Manual performs its function , the stone must be pulled away from the block, cleaned and replaced '. 7 . As an alternate, gravel filled burlap bags may be stacked tightly around the curb inlet. (See Plates 4 . 08n and 4 . 08o ) Curb and Gutter Sediment Barrier 1 . Place gravel filled burlap bags on gently sloping street segments according to the spacing chart . (See Plate 4 . 08p) .� 2 . Place two or more bags at each interval in a mannerwhich provides maximum support. rr 3 . When stacking several bags high , leave a one bag gap to provide an overflow spillway . (See Plate 4 . 08q ) ..r 4 . Sediments must be removed after each rain event. Maintenance •• 1 . The structure shall be inspected after each rain and repairs made as needed . 2 . Sediment shall be removed and the trap restored to its original dimensions when the sediment has accumulated to 1 /2 of the design depth of the trap . Removed sediment shall be deposited in a suitable area and in such a manner that it will not erode . 3 . Structures shall be removed and the area stabilized when the remaining drainage area has been properly stabilized . r 4-52 fm Chapter 4 - Best Management Practices for Erosion and Sediment Control 5A6K OF 510M*L >,LK 6RAVEL ?J1 I 5�•N1��Ab5 ARM 5TACXED TI6+MY, GATCA 5A5Ik BACK OF GURS r C,IJ.Rs3ltrLrY � +ir rr 5P�LLFIAY , rr , rr �' A PLAN VIEW =pP1'71h1�a F-'EIC�-tT' Gd1R3 Ihl'�7 .r - 9t'I:l}i+�i' aw +r CATCH BASIN SECTION. A A r N01F5. I . PLAZ�F C. AM TYPE 60PIYEWT 11MMER5 ON , 6E\LT 5LCIPI*16 STREET 9C6'jw4T5, r*WK NATV.sk CAA FOND ANP K. OX SW IMEW To V5WARA7r MOM MAkRr. Z. SA4�Vz"51 OF E•i? I LA! OR wov=N 6F07WE 1LE PAMIG, ARE r;U nP KITH 6R N/EL, LAYL' W= ANP PrjG1GM0 T. 6HTLY. r S . .sShVE OHC SAN 5A6 SAP IN TIC 'OP 9OP4 To rm0V:OF A S*IL!J%hY FOR OfEWLOW. 4. wswwwT 5 AgxI>rR5 xW iREVOVE WaflonAT APTER RA444 STDIR 4 alti. =P FENT AM 6R VCt MY'r Be R&%jOvM lRAM T}IE : VCL.= MY IK=PI.a' M'� Plate 4.08o Curb Inlet Sediment Barrier .r Source: Erosion Draw 4-53 Florida Erosion and Sediment Control Inspector's Manual PLACE NO ZR KM SETS IF 14GS X A MPME31HAT RMLYS IN !i?J(D M SUVIM TI•E FUN LM GG J M EXCEM 1-E ars INLET ` SIDEWALK SEDIMENT LADEN DL � OVERFLOW FLOWS CURB car R �. 1iy ,1 ynOrdCs Incorwratea I� IMENT TRAR e rM cmau-M D'ACINC BETWEEN GRAVEL BAG CURB FILTERS F E E 700iJ _ T Ei T 700 N S .10 A I I '• I � t E R oil % 196 10 % s STREET SLOPE Plate 4. 08p Gravel Bag Curb Sediment Filters Source : HydroDynamics , Inc. 4-54 aw Chapter 4 - Best Management Practices for Erosion and Sediment Control SACK Of 51D"ALK rr OWL.AP SACKS TO GA=H BASIN OYMA10 ONTO OWS. � GU7R3 INLET r 9A+ZK OF CURB i J�— aw RUNOFF rr RUNOFF 5 11.LMEAY rr ■r .r GRAVEL FI : I SAFIDBA6a STACXZI T16HTLY. �. PLAN SEW ow xo�s : 1 . !°+_Ae a CURB Tfn SWIMI hW 3ARRIats ON SeNTL" 5L.OPiN6 STR"T 5WMETnTSr r ig#,Tr�R CAN POND ANO ,41..LOA SIrPMENT TO SLPARA= FROM i "O"I . 2 . smosA" OF EITrsR aLIKLAP OR WOVEN °6EO�XTILE` =ASR-6. ARE ImILLED WITH CORAVEL tW LAYERirD ARD PACvgEP T16Hmmi -Y. 3 , LEAVE A ONE 5AWBAt5 GAP IN The TOP RON TO a"OV M A SFII_.L.KAY FOR 0VR1WL0Y'l. 49 INSPECT 5ARRIER5 AND il�E!Ir10V= SWIME14T r AFTER �A�+ STORM VVENT. SEDIMENT lkND 6FLAVF. L HJST BE REHOVD FQOI~I THE mm"'I =LFV AAY I +rIMs=DIATEL.'' ar - Plate 4 . 08q Curb and Gutter Sediment Barrier Source : Erosion Draw r.r 4-55 Florida Erosion and Sediment Control Inspector's Manual 4 . 15 TEMPORARY DIVERSION DIKE ( ES BMP 1 . 15 ) Definition •� A temporary ridge of compacted soil located at the top or base of a sloping disturbed area . .r Purposes 1 . To divert storm runoff from higher drainage areas away from unprotected slopes to a stabilized outlet . 2 . To divert sediment-laden runoff from a disturbed area to a sediment trapping facility. Condition Where Practice Applies Wherever stormwater runoff must be temporarily diverted to protect disturbed slopes or retain sediments on site during construction . These structures generally have a life expectancy of 18 months or less . Planning Considerations A temporary diversion dike is intended to divert overland sheet flow to a stabilized outlet or a sediment trapping facility during establishment of permanent stabilization on sloping , ' disturbed areas . When used at the top of a slope , the structure protects exposed slopes by keeping upland runoff away. When used at the base of a slope , the structure protects adjacent and downstream areas by diverting sediment-laden runoff to a sediment trapping facility. If the dike is going to remain in place for longer than 30 days , it is very important that it be established with temporary or permanent vegetation . The slope behind the dike is also an important consideration . The dike must have a positive grade to assure drainage, but if the slope is too great, precautions must be taken to prevent erosion due to high velocity flow behind the dike . This practice is considered an economical one because it uses material available on the site .. and can usually be constructed with equipment needed for site grading . The useful life of the practice can be extended by stabilizing the dike with vegetation . As specified herein , this practice is intended to be temporary . However, with more stringent design criteria , it can be made permanent in accordance with DIVERSIONS - Section 5 . 18 ( ES BMP 1 . 18 ) . .r 4-56 Chapter 4 - Best Management Practices for Erosion and Sediment Control Design Criteria No formal design is required . The following criteria shall be met: Drainage Area .. The maximum allowable drainage area is 5 acres (2 ha) . Dimensions The minimum allowable height measured from the upslope side of the dike is 18 inches (45 cm ) . Top width shall be a minimum of 2 feet (60 cm) with a minimum base width of 4 . 5 feet �► ( 1 .4 m) . (See Plate 4 . 15a) Side Slopes 4W 3 : 1 or flatter. Grade The channel behind the dike shall have a positive grade to a stabilized outlet. If the channel "" slope is less than or equal to 2% , no stabilization is usually required . If the slope is greater than 2% , the channel shall be stabilized in accordance with STORMWATER CONVEYANCE CHANNEL - Section 5 . 35 ( ES BMP 1 .35 ) . W* Outlet aw 1 . The diverted runoff, if free of sediment, must be released through a stabilized outlet or channel . 2 . Sediment-laden runoff must be diverted and released through a sediment trapping facility. Construction Specifications 1 . Whenever feasible , the dike should be built before construction begins on the .. project . 2 . The dike should be adequately compacted to prevent failure . 3 . Temporary or permanent seeding and mulch shall be applied to the dike within 15 .r days of construction . 4 . The dike should be located to minimize damages by construction operations and traffic. r 4-57 Florida Erosion and Sediment Control Inspector's Manual ■" Maintenance The measure shall be inspected after every storm and repairs made to the dike , flow channel and outlet, as necessary. Approximately once every week, whether a storm has occurred or not, the measure shall be inspected and repairs made if needed . Damages caused by construction traffic or other activity must be repaired before the end of each working day. . .r Compacted Soil W Min . , . , . , . , . , , , . , , - , . 0 A Flow 4. 6' M i n. .. .r Plate 4. 15a Temporary Diversion Dike -- Source : Virginia oSwc 4-58 Chapter 4 - Best . Management Practices for Erosion and Sediment Control O, This page left intentionally blank .. Ow r rr r r r 4-59 r Florida Erosion and Sediment Control Inspector's Manual 116 TEMPORARY FILL DIVERSION ( ES BMP 1 . 16 ) Definition A channel with a supporting ridge on the lower side cut along the top of an active earth fill . Purpose To divert storm runoff away from the unprotected slope of the fill to a stabilized outlet or sediment trapping facility Conditions Where Practice Applies Where the drainage area at the top of an active earth fill slopes toward the exposed slope and where continuous fill operations make the use of a DIVERSION - Section 5 . 18 (ES BMP 1 . 18) unfeasible . This temporary structure should remain in place for less than one week . Planning Considerations One important principle of erosion and sediment control is to keep stormwater runoff away from exposed slopes . This is often accomplished by installing a dike , diversion or paved ditch at the top of a slope to carry the runoff away from the slope to a stabilized outlet or downdrain . In general , these measures are installed after the final grade has been reached . On cuts , the measures may be installed at the beginning since the work proceeds from the top and the measures have little chance of being covered or damaged . On fills , the work proceeds from the bottom to the top and the elevation changes daily. It is therefore not feasible to construct a compacted dike or permanent diversion which may be covered by the next day's activity. The temporary fill diversion is intended to provide some slope protection on a daily basis until final elevations are reached and a more permanent measure can be constructed . This practice can be constructed by the use of a motor grader or one of the smaller dozers . To shape the diversion , the piece of machinery used may run near the edge of the fill with its ,. blade tilted to form the channel as described in Plate 4 . 16a . This work should be done at the end of the working day and should provide a channel with a berm on the lower side to protect the slope . Wherever possible , the temporary diversion should be sloped to direct water to a .. stabilized outlet. If the runoff is diverted over the fill itself, the practice may cause more problems than it solves by concentrating water at a single point . .r r 4-60 Chapter 4 - Best Management Practices for Erosion and Sediment Control .. we .r Fill Slaps .. Earthen Ridge 1111 1111 =-��-- �I �� �III , 1111 llll' �,II 11111111 11111 . — 1� l !— I l� 111 11 I� —lll � ll -- 1111111 � INN � �1�1 ( 1111 -- 111 ; �llll� l � 11111 �� � 11 � ��lll� ll �l � l � � l Mall l � 2• 1w Plate 4 . 16a Temporary Fill Diversion Source : Virginia DSWC 4-61 Florida Erosion and Sediment Control Inspector's Manual Good timing is essential to fill construction . The filling operation should be completed as quickly as possible and the permanent slope protection measures and slope stabilization measures installed as soon after completion as possible . With quick and proper construction , the developer or contractorwill save both time and money in building , repairing and stabilizing the fill area. The longer the time period for construction and stabilization , the more prone the fill operation is to damages by erosion . Repairing the damages adds additional time and expense to the project. Design Criteria No formal design is required . The following criteria shall be met: Drainage Area The maximum allowable drainage area is 5 acres (2 ha) . Heigh T .■ The minimum height of the supporting ridge shall be 9 inches (23 cm ) . (See Plate 4 . 16a) . r Grade The channel shall have a positive grade to a stabilized outlet . .► Outlet +rr The diverted runoff should be released through a stabilized outlet , slope drain or sediment trapping measure . ■r Construction Specifications 1 . The diversion shall be constructed at the top of the fill at the end of each work day as needed . .■ 2 . The diversion shall be located at least 2 feet (60 cm ) inside the top edge of the fill . (See Plate 4 . 16a ) . . rr 3 . The supporting ridge of the lower side shall be constructed with a uniform height along its entire length . r" Maintenance Since the practice is temporary and under most situations will be covered the next work day, the maintenance required should be low. If the practice is to remain in use for more than one day, an inspection will be made at the end of each work day and repairs made to the measure if needed . The contractor should avoid the placement of any material over the structure while it is in use . Construction traffic should not be permitted to cross the diversion . ■r 4-62 .O Chapter 4 - Best Management Practices for Erosion and Sediment Control Ow This page left intentionally blank ww Im .. .. .. No s MW .. 4-63 Florida Erosion and Sediment Control Inspector's Manual 4 . 17 TEMPORARY RIGHT-OF -WAY DIVERSION ( ES BMP 1 . 17 ) Definition A ridge of compacted soil or loose rock or gravel constructed across disturbed rights-of-way and similar sloping areas . Purpose To shorten the flow length within a long sloping right-of-way, thereby reducing the erosion potential by diverting storm runoff to a stabilized outlet or sediment trapping device . Conditions Where Practice Applies Generally, earthen diversions are applicable where there will be little or no construction traffic within the right-of-way. Gravel structures are more applicable to roads and other rights-of-way which accommodate vehicular traffic. Planning Considerations Construction of utility lines and roads often requires the clearing of long strips of right-of-way over sloping terrain . The volume and velocity of stormwater runoff tend to increase in these cleared strips and the potential for erosion is much greater since the vegetative cover is diminished or removed . To compensate for the loss of vegetation , it is usually a good practice to break up the flow length within the cleared strip so that runoff does not have a chance to concentrate and cause erosion . At proper spacing intervals , Temporary Right-of-Way Diversions can significantly reduce the amount of erosion which will occur until the area is permanently stabilized . Design Criteria No formal design is required . The following criteria shall be met: ,r Drainage Area Less than 5 acres (2 ha ) . For larger drainage areas use a DIVERSION - Section 5 . 18 ( ES BMP 1 . 18 ) . Dimensions The minimum allowable height measured from the upslope side of the diversion is 18 inches (45 cm) . The minimum top width shall be 2 feet (60 cm ) and the base width minimum is 6 feet ( 1 . 8 m ) . (See Plate 4 . 17a ) rr 4-64 yr Chapter 4 - Best Management Practices for Erosion and Sediment Control r. Side Slopes 11 or flatter to allow the passage of construction traffic. Width OW The measure should be constructed completely across the disturbed portion of the right-of-way . Coarse Aggregate r r�� � MtirtirC;um 1I 4i s Typical Gravel Structure NW w ��- Compacted Sail it 6W �:: • 5- •tet • • .`': t�:t. \:» : •` .. yl If 1 - ��+�'��-�� `� t rl�1lt 1 1� 1g ' • .,N • :.: . • 7 'v�+; ::we . .• T{[ir � , 1 � Ilr ' - Y1-i1��5114 y •:;• .::-• : � '� yl 11 � 54 � � 1 � 14 � ow 1 AW % � Mti�tmygrl f 1 • Typical Earthen Structure OW Plate 4 . 17a Temporary Right-of-way Diversions -- source : Virginia DswC 4-65 Florida Erosion and Sediment Control Inspector's Manual Spacing The following table will be used to determine the spacing of right-of--way diversions : % Slope Spacing in feet(m) Less than 5 % 300 (90 m ) Between 5 % and 10 % 200 (60 m ) Greater than 10% 100 (30 m ) Grade ow Positive drainage , with less than 2 % slope , should be provided to a stabilized outlet or sediment trapping facility. .., Outlet +rr Interceptor dikes must have an outlet which is not subject to erosion . The on -site location may need to be adjusted to meet field conditions in order to utilize the most suitable outlet . Concentrated flows should spread over the widest possible area after release . Flows with .. high sediment concentrations should pass througha sediment trapping measure . (See Plate 4 . 17b ) Construction Specifications 1 . The diversion shall be installed as soon as the right-of-way has been cleared • and/or graded . 2 . All earthen diversions shall be machine- or hand -compacted in 8-inch (20 cm) lifts . +� 3 . The outlet of the diversion shall be located on an undisturbed and stabilized area when at all possible . The field location should be adjusted as needed to utilize a stabilized outlet . Sediment laden flows shall be conveyed to a sediment trapping device . 4 . Earthen diversions which will not be subject to construction traffic should be slibkmd in accordance with TEMPORARY SEEDING - Section 6 . 65 ( ES BMP 1 .65) . .r Maintenance The practice shall be inspected after every rainfall and repairs made if necessary . .r Approximately once every week, whether a storm has occurred or not, the measure shall be inspected and repairs made if needed . Diversions which are subject to damage by vehicular traffic should be reshaped at the end of each working day . .r 4-66 " Chapter 4 - Best Management Practices for Erosion and Sediment Control .. Woe 1S FT 25 To bQ FT Fib ROLLING DIP dw 5TA5It.IZ1:17 OJTLZ r .. 4V4 4C9 / 4 klk� _ , r AI Aw : r ST�B�LIZ 7 O rLFT WATERBAR dw 2 : I oR FI.AM!z. Oil MAX r f rzoK VEHICLE 9: OP4*51N& ON ..Y,' •' l' r •{ - �� X111' IZ� — - dw SECTION No Plate 4A7b Rolling Dip and Water Bar Source : Erosion Draw 4-67 Florida Erosion and Sediment Control Inspector's Manual *� 4 . 25 TEMPORARY SEDIMENT TRAP ( ES BMP 1 . 25 ) Definition A small temporary ponding area formed by excavation and/or an embankment across a drainageway. .� Purpose To detain sediment-laden runoff from small disturbed areas long enough to allow most of the sediment to settle out thereby protecting drainageways , properties, and rights-of--way from sedimentation . Conditions Where Practice Applies 1 . A sediment trap is usually installed in a drainageway , at a storm drain inlet or at other points of discharge from a disturbed area . .r 2 . Below drainage areas of 5 acres (2 ha ) or less . 3 . Where the sediment trap will be used less than 18 months . 4 . The sediment trap may be constructed either independently or in conjunction with a TEMPORARY DIVERSION DIKE - Section 4 . 15 ( ES BMP 1 . 15) . ` Planning Considerations The sediment trap should be located to obtain the maximum storage benefit from the terrain , for ease of clean out and disposal of the trapped sediment and to minimize interference with construction activities . .. Sediment traps should be used only for small drainage areas . If the contributing drainage area is greater than 5 acres (2 ha), refer to SEDIMENT BASINS - Section 4 . 26 ( ES BMP 1 . 26 ) . +r Sediment must be periodically removed from the trap . Plans should detail how this sediment is to be disposed of, such as by use in fill areas on site or removal to an approved off-site dump . Sediment traps , along with other perimeter controls , shall be installed before any land disturbance takes place in the drainage area . .r 4-68 Chapter 4 - Best Management Practices for Erosion and Sediment Control r Excavate. if NecessaM dor Storage r!a w rr. , .. Dike = ; ; " +. f, "� 4; ; :. .. , . .y � • Flow ,!+ • • . r . .. Flow Vic 19 - •.,�^ � . • •�,.r,J>• � . • p„` , - EArmor arth • '-� !S• :' " ` •• "�1;A;/ , ; Embankment _ . �• 4' To Width .09 .�► % W . ' ` 0 Flow P e :';' r. c i ' • � I , too 2: 1 Slopes top -7 aw r Dike if Requirsd to Divert Water to Trap 2: 1 or Flatter ` -...,_ Will `1 �4 . o Width (ft.) .r a x Drainage Area {Ac. ) Sectior. A-A Outlet Section Excavated Earth Outlet SedimentTrep Embankment Earth Outlet Sediment Trap dw Construction Specifications 1 , Area under embankment shall be cleared , grubbed and stripped of any vegetation and root mat. Thi .r pcc: arca sF,all be cleared . 2, The fill material for the embankment shall be free of roots or other woody vegetation as well as over- sized stones , rocks , orgart<ic rnaterlal, or other objectionable malerlal. The embankment shall be compacted by traversing with equipment while it is being consiructed. dw 3, Sediment shall be removed and trap restored to its original dimensions when the sediment has accumulated to 1/2 the design depth of the trap. Removed sediment shall be deposited in a suitable area and in such a rnanner that it wit not arode, 4. The structure shall be Inspected after each rain and repairs made as needed, "s" 5. Construction operations shall be carried out in such a manner that erosion and water pollution are minimi2ed. 8_ Tile structure shall be removed and area stabilized when the drainago area has been properly stabilized. 7. All cut and fill slopes shall be 2 : 1 or flatter. 'n 81 Outlet crest elevation shall be at least one foot below the tcp of the embankment. r rr Plate 4.25a Earth Outlet Sediment Trap Source: NRCS Design Criteria 4-69 Florida Erosion and Sediment Control Inspector's Manual Trap Capacity The sediment trap must have an initial storage volume of 134 cubic yards, or 3600 cubic feet per acre ( 252 m3/ha) of drainage area , measured from the low point of the ground to the crest of the gravel outlet. Sediment should be removed from the basin when the volume is reduced by one-half. For a natural basin , the volume may be approximated as follows : V = 0 .4xAxD where : V = the storage volume in ft. 3 A = the surface area of the flood area at the crest of the outlet, in ft.2 D = the maximum depth , measured from low point in trap to crest of outlet, in ft. Excavation If excavation is necessary to attain the required storage volume , side slopes should be no steeper than 2 : 1 . Embankment Cross-Section The maximum height of the sediment trap embankment shall be 5 feet ( 1 . 5 m) as measured • from the low point . Minimum top widths (W) and outlet heights (Ho) for various embankment heights (H ) are shown in Table 4 . 25a . Side slopes of the embankment shall be 2 : 1 or flatter. wo Table 4.25a MINIMUM TOP WIDTH (W) AND OUTLET HEIGHT (Ho) REQUIRED FOR SEDIMENT TRAP EMBANKMENT ACCORDING TO HEIGHT OF EMBANKMENT (feet) H Ho W .w 2 . 0 1 . 0 2 .0 2 . 5 1 . 5 2. 5 3 . 0 2 . 0 2 .5 to 3 . 5 2 . 5 3 .0 4 . 0 3 . 0 3 .0 4 . 5 3 . 5 4 .0 5 . 0 4 . 0 4 .5 r 4-70 �r or Chapter 4 - Best Management Practices for Erosion and Sediment Control Excavate, if Necessary, for Storage no .o r_ IN 0 - o1JYW 71 no ad no on r l •�-•. j.� ' 0t.L Congo .:% .4 •Zd+ . J` and. r ` Flow anon a :« .5an T + Pon T : � Not n. . W. on sat • . . I— Von on a on on r . a . on :�.. s . • �• •Y yjqP 91 �- i J :,o 9 i , . .� . �., y Earth Embankinenl w . J, . , .; �c on an r Outlet Protection J` rr 4• All Slopes 2 : 1 or Flatteronnanr �� ��, — — TwV Min . ow Poe .. " 7 . an 5, Max. a VPertorated Riser �. `�wy Welded All Around ..- tr Embankment Section Thru Riser Construction Specifications 1 . Ikea under embankment shall be cleared , grubbed and stripped of any vegetatior, and root mat. The pool area shall be. cleared. ' 2. The fill material for the embankment shall be free o: roots or other woody vegetation as well as cve := am sized atones, rocks. organic material, or other objectionable mater iaL The ambankment shall ue comparted guy traversing with agUpmerit while it is being constructed. 3. Sediment shall be remova d and trap restored to its origlna: dimensions when the sediment has accunuIatedto 112 the design depth of the trap. Removed sed:.ment shall be deposited in a suitable :rr area and in such a m. nnerthat it will not erode. 4 , The structure shall be Inspected after each rain and repairs made as needed. S . Construction operations shall be carried out i1 such a manner that erosion and watar poIiutian are minimized. 6 . 'I•ile Structure shall be removed and area stabilized when the drainage area has been properly stabilized. 7. All cut and fill slopes shall be 2: 1 orflatter. 8. All pipe connections shall be watertight. 9 . At least the Zop 213 of the riser shall be perforated with 112-inch diameter holes spaced a in es vertically and 10 - 12 irches horizontally. 10. Fill traatartail around pipe spillway steal be hand compacted in 4-Inch layers . A minimum of two 'root of hand •compacted backfill shall be placed aver the pipe spillway before crossing it with construction equip - Plate 4 . 25b Pipe Outlet Sediment Trap Source : NRCS 4-71 . - CROUND 67 I;Vr D - t= 1r l �i FILTER CLOTH ORIGINAL QRDUND • '•. crossmsection of Outiet G X ♦ ' DiVER 01 Jam+` r t�s�"���� �, •}! '"-� _ _ __ r S1 +rsf .:� a AREA r FILTER C1 • COARSEBE ! . JS • (Perspective view) or Chapter 4 - Best Management Practices for Erosion and Sediment Control F'GlvRltrfs #E:GKT FLOW FILTTR 1=ABRIG (OP714NAL,) -- — --- — — -._.- +� ` o SEaIMENT STG�ftA6E ` 1 SALE 4' MIK, INTO SOIL. r � SECTION A - A STRAIN BALM z� TI*nY ABUTTING. IL r a of n e ,p,,,�a o 1 I oR c L�trte' Y 0 rc PLAN KDODI:N STAKE 14f. OF 3A OR REBAR DRIS/Ir�1 pO1IHT 95' T kr•H HALF, POINT 'A' Tom. 2 PBR BALE r - rA g ' w � RO�GK 5PI KI:P BALE INTO A V r 5 ANK AT BOTH Or= 5ARRIER' VIEW LOOKING UPSTREAM NOT =5%, f. PLACE BALES MWrENVICULAR TO FLOK a, 2 . M= SM THI! BALI_ 4" INTO THE 501L AND 'KE=Y' THE END BALES INTO THE GHANNFL E3ANiG5. 3. 3ALES PLACED IN A ROA r4ITH ENDS TISHTLY AOIJTTIN&. USE STRAl"1, BLOCKS OR r PIL-MR FA5FEIC TO FILL ANY &APS BETWEEN 3AL.a5 AND TAMP BAGKE=ILL MATMIAL$ To MQ02VEMT 5ROSION OR PLON ARO" TIwE BALES. 4. POINT "A' r ALL BE ltlTHAN POINT We SPILLINAY SRALL NOT EXal!-ED 24". Plate 4 .25d Semi-pervious Straw Bale Sediment Barrier Source : Erosion Draw Outlet r 4-73 Florida Erosion and Sediment Control Inspector's Manual The outlets shall be designed , constructed and maintained so that sediment does not leave the trap and that erosion of the outlet does not occur. A trap may have several different outlets with each outlet conveying part of the flow based on the criteria below. The combined outlet capacity shall be sufficient for the drainage area , For example , a 12 foot (3 . 6 m) earth outlet, adequate for 2 acres (0 .8 ha) , and a 12 inch (30 cm) pipe outlet, adequate for 1 acre (0 .4 ha ) , could be used for a three acre ( 1 . 2 ha) drainage area . There are four types of outlets for sediment traps . Each sediment trap is named according ` to the type of outlet that it has . Each type has different design criteria and will be discussed separately. 1 . An Earth Outlet Sediment Trap consists of a basin formed by excavation and/ or an embankment , The trap has a discharge point over or cut into natural ground . The outlet width (feet) shall be equal to 6 times the drainage area (acres) . If an embankment is used the outlet crest shall be at least one foot (30 cm ) below the top of the embankment . The outlet shall be free of any restriction to flow , The earthen embankment shall be seeded with temporary or permanent vegetation (see Sections 6 . 65 and 6 . 66 ) within 15 days of construction . (See Plate 4 , 25a) 2 . A Pipe Outlet Sediment Trap consists of a basin formed by an embankment , or an excavation and an embankment . The outlet for the trap is though a perforated riser and a pipe through the embankment , The outlet pipe and riser shall be made of corrugated metal . The riser diameter shall be of the same or larger diameter than the pipe . The top of the embankment shall be at least 1 . 5 feet (45 cm ) above the crest of the riser. At. least the top 2/3 of the riser shall be perforated with 1 /2 inch ( 13 mm ) diameter holes spaced 8 inches (20 cm ) vertically and 10- 12 inches (25 - 30 cm) horizontally. All pipe connections shall be watertight (See Plate 4 . 25b) . Select pipe diameter from the following table : Minimum Pipe Diameter in inches (cm ) Maximum Drainage Area in acres (ha) 12 (30 cm ) 1 (0 .4 ha) 18 (45 cm ) 2 (0 . 8 ha) 21 (53 cm) 3 ( 1 .2 ha) 24 (60 cm ) 4 ( 1 . 6 ha) .� 30 (75 cm) 5 (2 .0 ha) 3 . A Stone Outlet Sediment Trap consists of a basin formed by an embankment or excavation and an embankment, The outlet for the sediment trap shall consist of a crushed stone section of the embankment located at the low point in the basin . The minimum length of the outlet shall be 6 feet times the acreage of the drainage area (4 .5 m times hectares) . The crest of the outlet must be at least 1 foot (30 cm) below the top of the embankment, to insure that the flow will travel over the stone and not the embank- ment. The outlet shall be constructed of FDOT No . 1 size crushed stone . (See Plate 4 . 25c) A very temporary alternate trap can be constructed from straw bales with a stone outlet . (See Plate 4 . 25d ) Straw bales shall be installed per Section 4 . 05 STRAW BALE BARRIER ( ES BMP 1 . 05 ) . 4 . A Storm Inlet Sediment Trap consists of a basin formed by excavation or natural 4-74 �► Chapter 4 - Best Management Practices for Erosion and Sediment Control ground that discharges through an opening in a storm drain inlet structure . This 4W opening can either be the inlet opening or a temporary opening made by omitting bricks or blocks in the inlet. The trap shall be between 1 ' and 2' (30 - 60 cm ) deep or measured from the low point of the inlet. A yard drain inlet or an inlet in the median strip of a dual highway would use the inlet opening for an outlet . (See Plate 4 .25e) A curb inlet would require a temporary opening . (See Plate 4 .25f) The trap should be out 1„ of the roadway to avoid interference with construction . Placing the trap on the opposite side of the opening and diverting water from the roadway to the trap is one means of accomplishing this . 5 . Other applications At times a small trap may be constructed in a drainage channel using the culvert for a road crossing . Straw bales or gravel filled bags may be used provided that there are no gaps in the installation . (See Plate 4 . 25g ) In larger traps baffles may be required to insure adequate flow length and prevent short-circuiting . (See Plate 4 .25h ) Construction Specifications .► 1 . The area under the embankment shall be cleared , grubbed , and stripped of any vegetation and root mat . To facilitate cleanout, the pool area should be cleared : o. 2 . Fill material for the embankment shall be free of roots or other woody vegetation , organic material , large stones , and other objectionable material . The embankment should be compacted in 8 inch (20 cm) layers by traversing with construction .. equipment. 3 . The earthen embankment shall be seeded with temporary or permanent vegetation �. (see Sections 6 . 65 and 6 .66) within 15 days of construction . 4 . Construction operations shalt be carried out so that erosion and water pollution are •� minimized . 5 . The structure shall be removed and the area stabilized when the upslope drainage • area has been stabilized . Maintenance 1 . Sediment shall be removed and the trap restored to its original dimensions when the sediment has accumulated to 1 /2 the design volume of the trap . Sediment removed from the basin shall be deposited in a suitable area and in such a manner that it will not erode . W 2 . The structure should be checked regularly to insure that it is structurally sound and has not been damaged by erosion or construction equipment . The height of the outlet should be checked to ensure that its center is at least one foot (30 cm ) below the top of the embankment. 4-75 Florida Erosion and Sediment Control Inspector's Manual �• �r avow Nf� � �" FI,414 � �I � Moef � � r �nGW ,, fry r FIOW i SEDIMCFfi — LADEN RUNO=r : . --;" SIN 1 � B �L� T24 OF INLET; MAX . pPw� 2: 'r STORM WATER WFT}9PARTICLES WEEP LI LARGER PARTICLES HDLES SETTLE , OIA R CMOV_D FO R o-�ATFFFING �r DRAIN 1wl;.T r SPECIFIC APPLICATION ■ THIS METHOD OF INLET PROTECTION IS APPLICADLE WHERE HEAVY FLOWS ARE 'axPECTED AND WHERE AN OVERFLOW CAPABILITY AND EASE OF MAINTENANCE ARE DESIRABLE. Plate 4 .25e Excavated Drop Inlet Sediment Trap Source : Michigan Soil Erosion and Sedimentation Control Guidebook 4J6 ■ Chapter 4 Best Management Practices for Erosion and Sediment Control Block Inlet with Plywood and Sandbags, as Necessary. to Prevent Water from Enterin97 Flow Flow ya ro ' ' ' Flow ' . . . \+ + .� A. .' ; �. ,< . . { ! 1 • lam `. _ t \ %b yti 1V' . � . sei " rte \ ' 1' : • ` � . •\ 11. 1 ^ ` . 19 91 owe- Y 46 a FlGww Flow Remove Bricks or � �; 'r�' � r Blocks for Outlet Trap may be Placed Behind As Required —7or at End of Inlet 2 ; 1 or Flatter 2: 1 o. Ftatte r fir/ f - � �.w - ..ar .rte f, 7{ - f'�• . ...- ICfI �' r Far N� iiemem .er w-� tl , .�T •�R� `y$f f1`f �✓ !Y;• Ir . L.a "' Cross-Suction Section A-A Curb Drain Yard Frain or MOTE_ Where curt; is In place , provida a t toot wide opening in the curb or asa a sandbag dam to lom^s water over ft cllih to the trap. Construction specificsliens 1 . Sedimant shall be re =ved and trap restored to its original dimensions when the sediment has accumulated to V2 the design depth of the trap. Removed sediment shall be deposited in a suitable " area and in such a manner that it will not erode. 2 The structure shall be inspected after each rain and repairs made as needed. 3. Construction operations shall be carried out in such a manner that erosion and waver pollution sba:t be minimized• "r d. The sedlrnent trap shall be removed and area stabilized when tha remaining dmiiaga area has been properiy stabilized. S. All cu: and fill slopes shall be 2 .1 or ilattet. Plate 4.25f Storm Inlet Sediment Trap Source : NRCS 4-77 Florida Erosion and Sediment Control Inspector's Manual Removal rr Sediment traps must be removed after the contributing drainage area is stabilized . Plans should show how the site of the sediment trap is to be graded and stabilized after removal . AkYP' FLTE R SACS STAM AT r•II :FAST TVO LAYERS WG 11 UH Ty4T UUM R AD.YMa NCS :FWD FLE-V L:W Xlw OF A 3 A Il �lli � IUa1thJ'.I�111=1JI III = i � ��' ' ' I �Z,Z CLUER i DQAYATED ASA FM sc ar Nc S ARE Tn IE EVIMIT SIDE VIEW FRONT VIEW ( N SCALD LEAVE A 12-Mi 011IM" iP HEMEN PIPE AND WS � AREA SEBOM PLA£ A S<DU tU' IT GAVEL KLTR Ti4Cs ri FX+T OF ?R"MLY X111 1Ml01111 ED S ERd 36L=S rrli I ' �c r REIN VIEW ( ALT=RNATVJ C BAG IS TO TDP VIEW GRAVEL CI:IPlTADC DINIS�YIOUS BURLAP DTA BAGS SDR SYNTHETIC NET BAGS V&DCH MESH] AND 3E APPROXIMATELY 24 INCHES LONG 12 INCIES VIDE. AND 6 INCA-ES KILGH Plate 4 .25g Small Sediment Trap Located within a Stormwater Conveyance Channel source: HydroDynamics , Inc . 4-78 ■ "' Chapter 4 - Best Management Practices for Erosion and Sediment Control SEDIMENT TRAP GUIDELINES H t�YI I ? C -e.5 3D 3.5 5., 45 5.D I (FTI ? c5 2.5 .3A 3D AD 4 cS ar . 044" trowr SITE 3"RCT ARE %CT TO Se 3" POWDOwn R=UZ PrE SIZE- S7Mc Thav 21 70 C34vcv GLL LCw5 LTTE+ rre �tp LCCrtTED AT LPA57 CZ FM DMOV T1£ SPILLL'AY E'�Ya,"OlY SPILLV1iY DES)CWD TO PASS :D-YR. e44Q wUw FE'S 6]3ACr tasATEa B4 FCTr PCHD VELL 1E EL3Y rmq FFaEE�FtD it w H H 2 =T Q� (Mr-O rel MUt EXCAVATEM VC1a,PE 3e04- INGy �W1�ER .flJC..I.ATEO BY =DSM MMST P� S2ED TC SMILE En14TJ4 E NEY CLRF-.Cti'T wILTO wwVR=MrEj GRAVEL DETENTION POND SEDxMENT TRAP / BASIN 3.4-Zhl: , 1nArErM FILTER W[TLE%"�5D r. CRAGE rALfw%LA70 sT HIS7MIC FLUBS r PCTI4 VOLUPE ECIIATMN i f� MW 1 . � Djr Q1ER * CAMATE7 MLLYE SEEPh� - - - - ALa1ATED Ere SEDER 3/4-trC}I MNOL- ER rrr S70WE Ca' CMTZN 1!2 It�i ► E9+ %MM EARPRpXYM'E1 MAYEL SCR�1 PLik'Eti Gvm ?MX PVw. FOR FATER CPDJM FOR KvNIR LG¢YEAR CAPACITY MISTCRIL ruws �. FLOW LENGITH DET AIL BAFFLE DETAIL IISE DF bvnz We w "Mcnwr TO U40FAM TMAL F%MW LClcm rlr ¢UL L - liv - L21 �a�OF E�MP PLY Fr A W Ea.¢'/r+y-ErvM- r A-eW PCSTS SET 3 FE= 7d GWnTi 4 C: �7 .. 9ASN EIMCPt srfc DF Q 31r cn6 - B FtTT rr Plate 4.25h Sediment Trap and Basin Guide Source : HydroDynamics, Inc . 4-79 Florida Erosion and Sediment Control Inspector's Manual ■" 4 . 26 TEMPORARY SEDIMENT BASIN , ( ES BMP 1 . 26 ) Definition A temporary basin with a controlled stormwater release structure , formed by constructing an embankment of compacted soil across a drainageway. Purpose To detain sediment-laden runoff from disturbed areas long enough for most of the sediment to settle out . Conditions Where Practice Applies Below disturbed areas greater than 5 acres (2 ha) . There must be sufficient space and appropriate topography for the construction of a temporary impoundment. These structures are limited to a useful life of 18 months unless they are designed as permanent ponds by a .w qualified professional engineer. Planning Considerations .r Effectiveness Sediment basins are at best only 70-80% effective in trapping sediment which flows into them . Therefore , they should be used together with erosion control practices such as temporary seeding , mulching , diversion dikes , etc. to reduce the amount of sediment flowing into the basin . Location �. To improve the effectiveness of the basin , it should be located so as to intercept the largest possible amount of runoff from the disturbed area . The best locations are generally low areas ,. and natural drainageways below disturbed areas . Drainage into the basin can be improved by the use of diversion dikes and ditches . The basin must not be located in a live stream but should be located to trap sediment-laden runoff before it enters the stream . The basin should .� not be located where its failure would result in the loss of life , damage to adjacent properties , or interruption of the use of public utilities or roads . Multiple Use Sediment basins may be designed as permanent structures to remain in place after ■ construction is completed . The Stormwater Rule (Ch . 62-25 , F .A.C . ) makes the use of these structures desirable for stormwater detention purposes . Always leave the bottom of the sediment basin 6" - 12" higher than the eventual bottom of a retention basin . This will ensure ■ removal of accumulated fine sediments which could prematurely clog the retention basin . Wherever these structures are to become permanent , or if they exceed the size limitations of 4-80 Chapter 4 we Best Management Practices for Erosion and Sediment Control the design criteria , they must be designed as permanent ponds by a qualified professional engineer. Permanent ponds are beyond the scope of this BMP . .r Design Criteria Maximum Drainage Area Unless the structure is designed as a permanent pond by a qualified professional engineer, the maximum allowable drainage area into the basin shall be 150 acres (61 ha) . Basin Capacity .� The design capacity of the basin must be at least 134 cubic yards or 3600 cubic feet per acre (252 m3/ha) of drainage area measured from the bottom of the basin to the crest of the principal spillway (riser pipe) . Sediment should be removed from the basin when the volume r.. of the basin has been reduced to 55 cubic yards per acre ( 104 m3/ha) of drainage area . The elevation of the sediment clean out level should be calculated and clearly marked on the riser. In no case shall the sediment clean out level be higher than one foot (30 cm) below the top of .. the riser. (See Plate 4 . 26a) , Basin Shape To improve sediment trapping efficiency of the basin , the effective flow length must be twice the effective flow width . This basin shape may be attained by properly selecting the site of the r. basin , by excavation , or by the use of baffles . See Appendix 1 . 26A for design details . 67 C.Y . / AC ." CRY " STORAGE : . ' . . . . . . . : . :. . '. DEWATERING DEMCE 67 C .Y. / 4C. V0 ET " STORAGE �~�` . 'P�.o. :. :r: . . . . . . . . . . . . . . 8.08 's — „ - - - e�H1 :imi3 a_r Awk SEDIMENT CLEANOUT POINT ( " WET " STORAGE REDUCED TO 34 C.Y./ ACRE) Mir 4-81 M Florida Erosion and Sediment Control Inspector's Manual �• Plate 4. 26a Sediment Basin Storage Volumes Source: Virginia DSWC Embankment Cross-Section The embankment must have a minimum top width of 8 feet (2 . 5 m) . The side slopes must be 2 : 1 orflatter. The embankment may have a maximum height of 10 feet (3 m) if the side slopes are 2 : 1 . If the side slopes are 2 .5 : 1 or flatter, the embankment may have a maximum height of 15 feet (4 . 5 m ) . ,r Spillway Design The outlets for the basin may consist of a combination of principal and emergency spillways or a principal spillway alone . In either case, the outlet(s) must pass the peak runoff expected from the drainage area for a 10 year storm without damage to the embankment of the basin . Runoff computations shall be based upon the soil cover conditions which are expected to prevail during the life of the basin . Refer to Chapter 3 of this manual for calculation of the peak rate of runoff. The spillways designed by the procedures contained in this BMP will not necessarily result in any reduction in the peak rate of runoff. If a reduction in peak runoff is needed , the appropriate , hydrographs should be generated to choose the basin and outlet sizes . To increase the efficiency of the basin , the spillway(s) must be designed to maintain a permanent pool of water between storm events . Principal Spillway The principal spillway shall consist of a solid (non-perforated ) , vertical pipe or box of corrugated metal or reinforced concrete joined by a watertight connection to a horizontal pipe .� (barrel ) extending through the embankment and outletting beyond the downstream toe of the fill . If the principal spillway is used in conjunction with an emergency spillway, the principal spillway shall have a minimum capacity of 0 .2 cfs per acre (0 .015 M3 /sec, per ha) of drainage •� area when the water surface is at the crest of the emergency spillway . If no emergency spillway is used , the principal spillway must be designed to pass the entire peak flow expected from a 10-year storm . See Appendix 1 . 26A of The Florida Development Manual for design details . Design Elevations If the principal spillway is used together with an emergency spillway, the crest of the principal spillway shall be a minimum of one foot (30 cm) below the crest of the emergency spillway. If no emergency spillway is used , the crest of the principal spillway shall be a minimum of 3 feet (90 cm ) below the top of the embankment. (See Plate 4 .26b .) In either case, a minimum freeboard of one foot (30 cm ) shall be provided between the design high water and the top of the embankment. ■ 4-82 ■ Chapter 4 An 'Best Management Practices for Erosion and Sediment Control GRCST OF EMERGENCY SPILLWAY DESIGK HIGH WATER a (25 —YiL STORM ELEV.) Mlh, 1 . 4' fl 5' - --- -- -- - --- -- - MIN. 1 .8' WIN RISER CREST 07 G.Y./ AC . . ' . . . . . . . DEWATERING DRY ' STORAGE . . I OEV CE r 67 C.Y./ AC. IF Ion --Ann, — :::n- An iii: e :�i rrr ' SE01MEN7 CUANOUT POINT ( " WZ " STORAGE REDUCE) TO 34 G.Y. J ACRE} Design Elevations with Emergency Spillway► Nr. .. DESIGtA HIGH WATER J (25 —YR. STORM ELEY.) hilMZ. 0 -- - - _ - -- VIN . 13.0 ' 3d1h1. 1 . 0 ' T - - DRY " 5170RAGE . . . .. .. . .': . . . . . RJ$ER CREEF 67 C .Y./ AC. ... pEWATERING " WcT " STORAGE ` ":;»" DEVICE INAMMUMM 'w MIN SEDIMENT CLEANOUT POINT Design Elevations without , Emergency Spillway (Riser Passes 26wYear Event) r irr Plate 4 .26b Sediment Basin Schematic Elevations Source : Virginia DSWC 4-83 Florida Erosion and Sediment Control Inspector's Manual Anti-vortex device and trash rack An anti-vortex device and trash rack shall be attached to the top of the principal spillway to improve the flow of water into the spillway and prevent floating debris from being carried out of the basin . The anti-vortex device shall be of the concentric type . (See Plate 4 .26c). See Appendix 1 . 26A of The Florida Development Manual fordesign procedures for the anti-vortex device and trash rack. Dewatering Shall be done in a way that removes the relatively clean water without removing any of the sediment that has settled out and without removing any appreciable quantities of floating debris . As a minimum , provisions shall be made to dewater the basin down to the sediment cleanout elevation . This can be accomplished by providing a hole at the maximum sediment retention elevation (See Plate 4 .26b) . The dewatering hole shall be no larger than 4 inches ( 10 cm ) in diameter. Other means of automatic dewatering are detailed in Appendix 1 . 26A of The Florida Development Manual . It is also advantageous ( but not required ) to provide for dewatering of trapped sediment before clean out . Basin underdrains are generally installed for this purpose . Appendix 1 . 26A contains details for the design of an underdrain system . Base The base of the principal spillway must be firmly anchored to prevent its floating . If the riser , . of the spillway is greater than 10 feet (3 m ) in height, computations must be made to determine the anchoring requirements . As a minimum , a factor of safety of 1 . 25 shall be used (downward forces = 1 . 25 x upward forces) . For risers 10 feet (3 m ) or less in height, the anchoring may be done in one of the two following ways : 1 . A concrete base 18 inches (45 cm) thick and twice the width of riser diameter shall be used and the riser embedded 6 inches ( 15 cm ) into the concrete . (See Plate •++ 4 .26d and Appendix 1 . 26A of The Florida Development Manual for design details ) . 2 . A square steel plate , a minimum of 1 /4 inch (6 . 5 mm ) thick and having a width equal .. to twice the diameter of the riser, shall be welded to the base of the riser. The plate shall then be covered with 2 . 5 feet (76 cm ) of stone , gravel , or compacted soil to prevent floatation . (See Plate 4 .26d and Appendix 1 . 26A for design details) . Barrel The barrel of the principal spillway, which extends through the embankment, shall be designed to carry the flow provided by the riser of the principal spillway with the water level at the crest of the emergency spillway. The connection between the riser and the barrel must be watertight. The outlet of the barrel must be protected to prevent erosion or scour of downstream areas . See Appendix 1 . 26A for design details . 4-84 err n 1 o -_v 00 1 � (DCD PRESS'JRC RELIEF (D zmph HOLES 1 �Y OIA- ,p (m) � f) N � 00 D A .•'" ti1 g0 A r/ 0 TOP STIFFENER ( IF REQUIRED) y WELDED TOP AND ORIENTED PER , O I .-__. - 0 O PENDICULAR TO CORRUGATIONS& CD p TOP CORRUGATED m r METAL OR Ile' STEEL PLATE. :3 D -s ,rte r 0 PRESSURE RELIEF HOLES MAY glou CD I BE OMMITTED , IF ENDS OF CORRUCATIONS ARE ALF I FULLY @ CD OPEN WHLH THE TOP 15 n+ Plan View /tiTTACHED . cam' 1 i N � goo- —�. Ep CYLINDER IS GAGE CORRUGATED � _: x:±-_: ;.. FETAL PIPE OR FABRICATED FROU m TAGKWLI D :.:_:rrjG:� S 'r' � IM fir} ?Iona gio::: .:x.._:-:_r:: AL:.. A301N0 ' --::-:,�•;m1 .1IW __:_:::_.....ogm- : -::• .. ... .�,L:_: �; yj ,� Cli,:....:•-1: � r,WMV�.V � t.:.l ? : --Yr y STEEL PLATE . �IIYW1• AY{.:�:iiiYVtM.11 o., ....::�.:A:J:i 1• -t11LT' O. - . _ -..ii-11`x....:- :.. . - ...--..._. .r .. ._........� .-r. _:• liar:. -_ -�:: 19 1T..T' .�121.1 rC•.�iYA•:::TTT-_IIRL _A . . r .o. n......._ w- . ..-v-.-._ li.... go y x.;<„.1., .1.1_Im9. . 1 <�: N07E5 : a :I _;�1T. Iedt Y--} - �- i1+, :• B' r�IN. 1 . THE CYLINDERMUST 74BTI'IE 111,CT.::.. FLRMLY FASTS ......Ali='-':�''°'�L'••"���; _=” TDP 4F T1: E RISER. Off' .li::'.Eit7r.':_—:1 •nCD go goo*- ; ;:_ ,•_-:-:: �;� Icst ar_:.. *go_-::. SUPPORT BAR SIZE Z . SUPPORT HARS ARE WELDED .ge. E x I Y ••- t _:., - ..r •.::._::_:::_•• . i�f� R613AR Iw>y.) TO THE TOP Oi= THE RISER n SPACER .Tl�r �:r/IL'S11i,pvilL:.�i:fiit..::: T SPACER R ^� 1.. �:: ';; -"€� _ l Ir OR ATTACHED BY STRAPS O (nP' .... ::..,-:. .. .. .M..:• BOLTED TO TOP OF RISER. ixr,•:i:s _: I:FEfpoor - - - O RISER OWMV£R 1 Section A-A Isometric cp o +I . I (� AMrCD CD 1oiCD z ktI—III—JII G 4 .`oh < So <D LOS lt� m 5r Fill 0- J1 0rooloo'0 (A 0x D cn CoC F � G 5.4. � i7m G n n � o m D o � 11 ICL : iaiiii i ,isPll:li ; ., l,!! � . 11 1111. I I .. � !:R w ji ail ll 1"E i : Ilii TS it l41'i!' : ZI � i ifjl' !lel 1111l1ii:• 1 iml IrR!f ! 1 li!i• 1•d• cn !ill:i diill ; i=.i!'rl'�; i,E�i jllli I• ius:i l ts!sn; :£+ .! dill Q N iiii'ml�liii' "�.I :!F!! i: r ll N 1 1 14 II 1;111 fA k y ,U ,! I,!! lll,I, .I I?y li,l m Ily —+ �0 i •Irl� li.ix I:izI:i• I I IIp.1.1.1 1• 1 •. a • I:I: L; :1: ia: i `I 'r!!�ililll !lit2pxpci�� � 7 'SII' If1E lii•! 4! 4 Loll CL ;ilill! f!!IlI�'�JJ- .I�ili!I -/ rL� H I � i 'illil il'!!K cn MW : 1 411,14C CL .;Sil;il g; ; 11111111P� MIS : Ill' 1 . � 1 -w �• rnJIM YII 0 i::i:"•� 1!;!� lot P•1• mO cn m m a IT 0 I v p ! � 0, c rn Chapter 4 - Best Management Practices for Erosion and Sediment Control r r CONTROL SECTION EMERGENCY SPILLWAY rr SKOuLD Vol BE ._ ODhSTRUCTEOCVV=R FILL FdAiERIAL www _: ..I[l.—. __In"X'•.:::„ii'n�. L_ i":y 1%� _ :-:' ;al�u vii==�'_� - ic__:1pVI_;'. . +1L'Sil_:_.. . .1 wig ^•_:;_y�Na;ll!._::�.__ ii: JOYL•:�.•:t..:• _ — SIR.»»'i:::R�Y•iu`1........_.�.... yµ•y ....�. .V:. ... •_ fel.:^ .::: ._.. _ -- 1 _.l'..y •�_ 1Tp ' �'.. . Jrl� �:«: :' -IL::'cc .'Y.:f1I� r 'L..�'.V....... .alfa.....:•' ....::.. .... • a._�� .':. •�:: O:� fY,�•'N-1•I �::�.1WM.I�iIY:l� __ .. OA.. ....^:I ...�...::.a«._ WNL •_ IIea PERMANENT POOL :;,.i+"ar. _j;• :. stE :: . ,. ._ I� ^.._. b4:��:wI.YYIa:;Ry::�'00.:m �i_F.1 . Ia�Y•:� IX�Rxr•�«.::nl .- •-:::i_..^ ^'lNe«x_...... _ vpl:�...... •TdC^ •�:-1G ....:». . ':: •Fila:: ��{'Aa .. �..yy»='CACI{iu�':�.,..��LV..�=��. � �'.'::'..Cj.-�- ^YiMI •�:^•• ��LL:::. •iYM�::.'. : rMl'JC'" ylWy,✓�, :5:«:�1:� �.iVl:•a_ M" • ::;ja:�i: :• e(Y... ...:._ ' '? N:..:' z�rgl;l�- ..._�:\�i�_._yW'M;.�' iii •• 40 o W Plate 4 .26f Emergency Spillway Source : Virginia DSWC 4-87 Florida Erosion and Sediment Control Inspector's Manual Anti -seep collars Anti -seep collars shall be used on the barrel of the principal spillway within the normal saturation zone of the embankment to increase the seepage length by at least 10 % , if either r. of the following two conditions is met: 1 . The settled height of the embankment exceeds 10 feet (3 m ) . 2 . The embankment has a low silt-clay content ( Unified Soil Classes SM or GM ) and the barrel is greater than 10 inches (25 cm ) in diameter. The anti-seep collars shall be installed within the saturated zone . The maximum spacing between collars shall be 14 times the projection of the collar above the barrel . Collars shall not be closer than 2 feet (60 cm ) to a pipe joint. Collars should be placed sufficiently far apart to allow space for hauling and compacting equipment. Connections between the collars and the barrel shall be watertight. See Plate 4 . 26e and Appendix 1 . 26Afor design procedure and details . Emergency Spillway The emergency spillway shall consist of an open channel constructed next to the embankment over undisturbed material or properly compacted fill . The spillway shall have a control section at least 20 feet (6 m ) in length . The control section is a level portion of the spillway channel at the highest elevation in the channel . (See Appendix 1 .26A and Plate 4 . 26f) . The primary spillway and the emergency spillway shall both discharge to stabilized outlets . (See Plate ., 4 . 26g ) . Capacity The emergency spillway shall be designed to carry the peak rate of runoff expected from a 10-year storm , less any reduction due to the flow through the principal spillway. See Appendix .. 1 .26A for design details . Design elevations The design high water through the emergency spillway shall be at least one foot (30 cm ) below the top of the embankment. The crest of the emergency spillway channel shall be at least one foot (30 cm ) above the crest of the principal spillway . Location The emergency spillway channel shall be located to avoid fill material . If constructed on fill , the fill will be properly compacted in lifts . The channel shall be located so as to avoid sharp turns or bends . The channel shall return the flow of water to a defined channel downstream from the embankment . 4-88 Chapter 4 - Best Management Practices for Erosion and Sediment Controi 5PP ILLKY�Y r � TOP OF EYBANKM_N 1 r s�>ai l�r�Y ocsE miT4I ------ BAS $?+5TRA514 RACK ' 5TA31LIZ� OLTI_r= T r err PLAN TRA5H TACK �' r3ANkM�hiT r CLEANOUT EMERSENGY 5MLLMY ,/� art+ VE6ETATIOI T �•� r- REVBOARD l I FT MIN EN6 :NEEREV =i ; 5PILLfAAY 2 FT �•. 5:-L.!aCTE7 FfLL - ; i i VAPMEL. IFI .ACE:2 IN LX= —1 r —� I—I � _a�ND.I—cOMdAG=� =1 I— SrA311- I� I i . — 11 1 ill >21 r ANTI �SE'✓P GOLLfaiE IJRA :NAbEfl=s ANTI-FLOTATION TYf'. OF 2 �LOGK �. SECTION I . TI-t�! TI=M7FO"KY 5r:;� IMMNT 5A51N, DE5 6I4CA SY A O1 A.I :f •ED P7tOFE55il0NAL, 45 1REWIRE:> 'r OR P! 5:JRB3 P A 45 ORFEATEOIR THAk 5 AGS. IN 'rHN A PRAINA6E AREAL LE-56 7=14N IOG ACR. . rhe �-Plhh'T BriN Yi:J :_ SP REMQTD FhITi-- IN 5 Ymr;.AR5. Plate 4 .26g Sediment Basin Source: Erosion Draw 4-89 Florida Erosion and Sediment Control Inspector's Manual Maximum velocities r The maximum allowable velocity in the emergency spillway channel will depend upon the type of lining used . For vegetated linings , allowable velocities are listed in Table 5 . 35a ( STORMWATER CONVEYANCE CHANNEL - Section 5, 35 - ES BMP 1 . 35 ) . For ` non-erodible linings, such as concrete or asphalt paving and riprap , design velocities may be increased . However, the emergency spillway channel shall return the flow to the natural channel at a non-eroding velocity. See Appendix 1 . 26A for design details . Stabilization of the Embankment and Basin The embankment of the sediment basin shall be temporarily seeded within 15 days after its completion as per TEMPORARY SEEDING - Section 6 . 65 ( ES BMP 1 . 65 ) . If excavation is required in the basin , side slopes should not be steeper than 2 : 1 . Cleanout .r Sediment shall be removed from the basin when the capacity is reduced to 55 cubic yards per acre ( 104 M 3/ha) of drainage area . This elevation should be clearly marked , preferably on the riser. Plans for the sediment basin shall state the methods for disposing of sediment removed from the basin . Possible alternatives are the use of the material in fill areas on-site or removal to an approved off-site dump . Final removal • Sediment basin plans shall show the final disposition of the sediment basin afterthe upstream drainage area is stabilized . The plans shall specify methods for the removal of excess water lying over the sediment, stabilization of the basin site , and the disposal of any excess material . .�. Sediment shall not be flushed into the stream or drainageway. Safes r. Sediment basins are attractive to children and can be very dangerous . Therefore, they should be fenced or otherwise made inaccessible to persons or animals unless this is deemed •r unnecessary due to the remoteness of the site or other circumstances . Strategically placed signs around the impoundment reading " DANGER-QUICKSAND" should also be installed . In any case , local ordinances and regulations regarding health and safety must be adhered to . Construction Specifications Site Preparation Areas under the embankment and any structural works shall be cleared , grubbed , and " stripped of topsoil to remove trees , vegetation , roots , or other objectionable material . In order to facilitate cleanout and restoration , the pool area (measured at the top of the principal spillway) will be cleared of all brush and trees . ■r 4-90 Chapter 4 - Best Management .Practices for Erosion and Sediment Control .w a d12 No sc�LE .r INFLOW ti — � � RISER ID/2 7[3TAL DISTANCE FROM NORIA& POOL THE POINT OF INFLOW . r THE R SERE BAFFLE �v NORUAL POOL 0/2 L RISER r r NORMAL POOL RISER NFLOW 1 r BAFFLE n D r •�L ��� ,ri L2 r L — L t + L2 INftow .r S H ESS OF 4' X as X i f r cDMFUOR dt PLYWOoo OR EOUIVALENT } L� RISER CREST EXPEVanON I {r 1 1 t I I 1 I I PDSTS UIN . SIZE 4! SQUARE I t I OR 5" ROUND, SET AT LFpST 3' INTO THE CROUND. r 8' w Plate 4.26h Example Plan Views of Baffle Locations in Sediment Basins Source: NRCS 4-91 Florida Erosion and Sediment Control Inspector's Manual ., Cutoff Trench For earth fill embankments, a cutoff trench shall be excavated along the centerline of the dam . The minimum depth shall be 2 feet (60 cm ) . The cutoff trench shall extend up both abutments to the riser crest elevation . The minimum bottom width shall be 4 feet ( 1 . 2 m ) , but wide enough to allow operation of compaction equipment . The side slopes shall be no steeper than 1 : 1 . Compaction requirements shall be the same as those for the embankment. The trench shall be drained during the backfilling-compacting operations . Embankment rr The fill material shall be taken from approved borrow areas . It shall be clean mineral soil , free of roots , woody vegetation , oversized stones, rocks , or other objectionable material . Areas on which fill is to be placed shall be scarified prior to placement of fill . The fill material should contain _sufficient moisture so that it can be formed by hand into a ball without crumbling . If water can be squeezed out of the ball , it is too wet for proper compaction . Fill material will be placed in 6 to 8 inch ( 15 to 20 cm ) continuous layers over the entire length of the fill . Compaction shall be obtained by routing the hauling equipment over the fill so that the entire surface of the fill is traversed by at least one wheel or tread track of the equipment, or by using a compactor. The embankment shall be constructed to an elevation 10 % higher than the design height to allow for settlement if compaction is obtained with hauling equipment. If compactors are used for compaction , the overbuild may be reduced to not less than 5% . Principal Spillway The riser of the principal spillway shall be securely attached to the barrel by a watertight connection . The barrel and riser shall be placed on a firm compacted soil foundation . The base of the riser shall be firmly anchored according to design criteria to prevent its floating . Pervious material such as sand , gravel or crushed stone shall not be used as backfill around the barrel or anti-seep collars . Fill material shall be placed around the pipe in 4 inch ( 10 cm ) layers and compacted by hand at least to the same density as the embankment. A minimum of two feet (60 cm ) of fill shall be hand -compacted over the barrel before crossing it with construction equipment . Emergency Spillway The emergency spillway should not be constructed overfill material . Design elevations, widths , •� entrance and exit channel slopes are critical to the successful operation of the spillway and should be adhered to closely during construction . Vegetative Stabilization The embankment and emergency spillway of the sediment basin shall be stabilized with temporary vegetation within 15 days of completion of the basin as per TEMPORARY SEEDING - Section 6 . 65 ( ES BMP 1 . 65 ) . .r 4-92 . rr Chapter 4 - Best Management Practices for Erosion and Sediment Control r EMERGENCY SPILLWAY CR£ST DESIGN HIGH WATER r r h owANTI -SEEP Al`i r-VORTEX COWERS DEVICE Df- YAr RISER BARREL r - Lr- CONORETE BASE E +w L r H = HEAO ON PIPE THROUGH EMBANKMENT h = HrZAD OVER RISER CREST L = LENGTH OF PIPE THROUGH EMBANKMENT r Dp = DIAMETER OF. PIPE THROUGH EMBANKMENT Dr = D1AWETER OF RISER r r r Plate 4 . 261 Principal Spillway Design r Source: Virginia DSWC r 4-93 Florida Erosion and Sediment Control Inspector's Manual �+ Erosion and Sediment Control The construction of the sediment basin shall be carried out in a manner such that erosion and water pollution are minimized downstream . Final Disposal When temporary structures have served their intended purpose and the contributing drainage area has been properly stabilized , the embankment and resulting sediment deposits are to be leveled or otherwise disposed of according to the approved pollution control plan . Maintenance The embankment of the basin should be checked regularly to ensure that it is structurally sound and has not been damaged by erosion or construction equipment. The emergency spillway should be checked regularly to ensure that its lining is well established and ,■, erosion-resistant . The basin should be checked after each runoff-producing rainfall for sediment cleanout. When the sediment reaches. the cleanout level mark, it shall be removed and properly disposed of. Information to be Submitted for Approval Sediment Basin designs and construction plans submitted for review to the appropriate regulatory agency shall include : 1 . Specific location of the dam . 2 . Plan view of dam , storage basin and emergency spillway . �• 3 . Cross-sections and profiles of dam , principal spillway and emergency spillway. 4 . Details of pipe connections , riser to pipe connection , riser base , anti -seep collars , trash rack , and anti-vortex device . 5 . Runoff calculations for 10-year frequency storm . 6 . Storage Computations a . Total required b . Total available c. Level of sediment at which cleanout shall be required ; to be stated as a distance from the riser crest to the sediment surface . 7 . Calculations showing design of pipe and emergency spillway. .r 4-94 err •• Chapter 4 - Best Management Practices for Erosion and Sediment Control r LEVSv PORTION CREST AND CONTROL SEMON .. r FLOW 1 --� APPROACH w CHANNEL BERG EXW SECTOR r .r !! NOTE: NER} M THE LOCATION NOR AUOWMENT OF THE CONTROL SEMON HAS M COINCIDE WITH 14E r MI UNE OF THE DAN . EM9ANKIWI i r rr Plan Ylew r a„ WXTER SURWE XR MOM Of EXrr C14ANNM 5TH (4p ) CONTROL SEMON K 2G' E5V SWtOR LEVEL OR r CREXIM ARRRQACti CMWNkL S Profile Along Centerline tom' 1 . r I a b r Cross -Section at Control Section rr Plate 4 .26j Excavated Earth Spillway Source : NRCS r 4-95 r Florida Erosion and Sediment Control Inspector's Manual .r 10' OR LESS D ■r 6` r4 za CONCRETE .n Concrete Base for Embankment 10 ' or Less in Height 10' OR LESS D 30" D/ 2 20 1 /4! STEEL PLATE Steel Base for Embankment 10' or Less in Height Plate 4.26k Riser Pipe Base Conditions for Embankments Less than 10 Feet High Source: Virginia DSWC err 4-96 ow Chapter 4 - Best Management Practices for Erosion and Sediment Control IWL7 L coum wml CORRIJUT1011IIIS Zak t�otwt 70 of. of ww[ 0mr &S TMC MW VRH WWW Iff If =D rte:MUCUS 11111LD �I 1 f2 % Z tA071E0 H4L>:6 r9R IY NIH. 3lIOWIUM SOUL All r 2 j- • • �- • T � 8 C Q eLWD IME,tt1 1111" Sim SIA'rED NO= COMM 111M ow CCOMNUCLKVEM sr � � SECTION 83 8 sH� "�''0E4 'y �xi*JI W uw4 ELEVATION Of UNASSEMBLEC) COLLAR r A UNA53vWLED COLLARS $HALL B£ MARKED BY NOTES FOR COLLARS: PAnlma OR TA02;90 TO IDENTIFY UATCHIN3 PAIRS. I . ALL Uk ERIALS TO BE IN ACIGDRDANCE WITH f. THE LAP BETWEEN IMM TWO HALF SECnON3 rM CONSTRUCTION AND :CONSTRUCLION 1AATERIAL AND BETWEEN THE PIKE AND coNMEanNB BARD SPECLFLCATTONS. SNAIL BE CAULICED WITH ASPHALT UASTIC AT 2, WHEN SPECIFIED ON THE PUNS, COA7I4G OF TWE OF tNSTALLATIOPL COLLAR$ $ ALL BE IN ACCORDAWCE WITH 3, EACH COLLAR SMALL BE FURNISHED WITH TXQ COMSiRUCnON AND CONSTRVCTiON MATERIAt I Jx DIAMETER RODS WrM STAHDARO TANK SPECIFICATION$ LUGS FOR CONNKCTIRG =LIARS TO PIPE, UM DETAti, Carrugated Metal ow WEW I of r 1 1/v x I I jC JmU3 TO LS7t 1 OR MEND A sic on SIZE AND SPACING Or SLOTTED M= I '!r "PE +a w4cm w v' MMM OPENINGS SHALL BE THE SAME AS SHOWN FOR CLI COLLAR . i I1ir NOR FOR BANDS .AND COLLARS: USE RODS AND LUGS TO CLAMP ,I � SHOWN flOkS OF TIDE OOTIDS SHOWN BANDS SECURELY TO PIPET ` I MAY B£ USED PROYIDINC I TIr EGWIL WATER7TGH7?IE55 I5 . rr MAIRrAINED AND DETAILED t7' 1AW. DRAWINGS ARE SUBLATTED ANO APPROVED UY rrIE ENGINEER PRIOR TO DFLIYERY. , "a""PIPIT ISOMETRIC VIEW S Nm coILAR PVQ W cur m FA C9RRU0[IIONS Gr MRICx. �. JWD ow AAO AN7 Lt1G lYdbft AYM A COMINUGUY W= i NCTE: FOR DETAllSOF FABRICATION DIMfNStSN$e MINIMUM CAQES , SLOTTED HOLES, ANO NOT _$, SEE DETAIL ASIOI r KM CCIiAR TO 1E WRIM TO aartElt Cr NOT£: TWO OVER TYPES OF ANTI—SEEP COLLARS ARE; tc�rx rpt d,+ o +. , CORRUGATED MEtAIL, SIMILAR TO UPPER , EXCEPT SHOP wEum TO A SHORN ( 417*) SECTION CF THE PIPE AND ow PARTIAL ELEVATION! 2 , CORCR0° s IN HESN 7Ii1CX FORUED BANDSTAROUNDTHEPiPETHE FINE FEP vw" n= µum W H OS REBAR SPACED 1r HORI2UHTALLY AND VERTICALLY. rr DETAIL Helical ripe .. Plate 4 .26L Anti-seep Collar Details -- source: NRcs 4-97 Florida Erosion and Sediment Control. Inspector's Manual .. PROVIDE ADEQUATE POLYMY[ENE CAP r� STRAPPING _ DEPTH TACK WELD _ VARIES AS PERFORATED POLYETHYLENE ` roiRRECa t Ry rll DRAINAGE TUBING. DIAMETER STOIACPE • VARIES (SEE CALCULATIONS .N APPENDIX 114—A) f t WET FERNCO-SME ' COUPLING STORAGE UO DEWATERING ORIFICE, CORRUGATED METAL RISER SCHEDULE 40 STEEL STUB 1 - FOOT MINIMUM , DIMIETER VARIES (SEE CA= LATIONS M APPENDIX. 3. 14-A) .r Plate 4 . 26m Perforated Pipe Sediment Basin Dewatering Device Source : Virginia DSWC — : ad� lrasc, �NSiv1 �— a—� Aixrr i �E P_, k:ate371s�iel 'IirEi Waked oriw '�_. _! 11ir T.rr I < _ V41h ParlVWions Down \ I Ghat , 3 —. � , . i , • 1- li 6ccdln ' PI&:E Fi:r-r r3bte Y I h� Q . .. `w�!` r •] Vnirle 4n Crvsa-Section Ora: a Conn2at108 Pipe in frapch _ I _ — Riser l 1% d • Glair: � titforalad Pipe `nTierci, Nom. 3 to na. PlariView .•Ea:r. r :r o:fii, . i r I- Fj' a_ Uird'nxrn Grwe Plate 4 .26n Dewatering a Sediment Basin with Subsurface Drain Source: NRCS ar 4-98 .. Chapter 4 - Best Management Practices for Erosion and Sediment Control This page left intentionally blank .w tw .w rw ow Ow Ow r �wr r low rw wr r aw 4-99 Florida Erosion and Sediment Control Inspector's Manual • 4 . 30 TEMPORARY SLOPE DRAIN ( ES BMP 1 . 30 ) ` Definition A flexible tubing or conduit extending from the top to the bottom of a cut or fill slope . Purpose .� To temporarily convey concentrated stormwater runoff safely down the face of a cut orf! II slope without causing erosion problems on or below the slope . w Conditions Where Practice Applies On cut or fill slopes before permanent stormwater drainage structures are installed . Planning Considerations There is often a significant lag between the time a cut or fill slope is completed and the time a permanent drainage system can be installed . During this period , the slope is usually not stabilized and is particularly vulnerable to erosion . This situation also occurs on slope construction which is temporarily delayed before final grade is reached . Temporary slope drains can provide valuable protection of exposed slopes until permanent drainage structures can be installed . — Ezrt^.en Dike a1r LarnjgtUd Metal /� ( C.0M04 actec ) Fz-ensign Gal : ar Wnerproof Seel 4 / a i t �I 1 fm R._.0. � . 11�— i . 1 . ire _ '== 1 rprovide octet Prc teen crn _�- tancart Flared . 1 �I_ En - Section =anther. Dike ( Compacted ) 3 „ •► ikiMlltylxd}..}� kkfif� D+ jll laps to • a ► I N1il.iltl6E *si►`ilea VK I'. II - ' � �IG! -- IIIA. IIIII�'I '1= 1111:- I°E'?' 'TI!II ,r 5e *ion A-A VIA Plate 4. 30a Temporary Slope Drain Source : Virginia SWCC �r 4A 00 r r. Chapter 4 Best Management Practices for Erosion and Sediment Control ow .. �IYER� :ON GIK� .. 1jeOFAL EW s�oTloN 5TH 1W j a � a �' .ST�p:Llzea -�--:- OUTLET LCL=XISL: DOMMAEN a 'd� • nom �° r OR PLASYIG MY'= OR Q 'Jq•� ° 'S aW 5EWN FILTER 1W IF-AE [eo.ISLAND Go• p i I :JLE7 1 L' o PLAN VIEW 5TRAIM r OVER INLET — 6I ON ArZ 00. R 51OUTL�� SECTION Plate 4 . 30b Slope Drain Source : Erosion Draw 4- 101 Florida Erosion and Sediment Control Inspector's Manual •• When used in conjunction with diversion dikes , temporary slope drains can be used to convey stormwater from the entire drainage area above a slope to the base of the slope without erosion . It is very important that these temporary structures be installed properly since their failure will often result in severe gully erosion . The entrance section must be securely entrenched , all connections must be watertight, and the conduit must be staked securely. Design Criteria Drainage Area The maximum allowable drainage area per drain is 5 acres (2 ha ) . Flexible Conduit 1 . The slope drain shall consist of heavy duty flexible material designed for this purpose . The diameter of the slope drain shall be equal over its entire length . Reinforced hold-down grommets shall be spaced at 10 foot (3 m ) maximum intervals. 2 . Slope drains shall be . sized according to the following table : Table 4. 30a SIZE OF SLOPE DRAIN Maximum Drainage Area (Acres) Pipe Diameter (in . ) 0 . 5 12 .r 1 . 5 18 2.5 21 3 .5 24 �. 5 .0 30 Overside drain For small flows and/or short slopes , an open top chute may be used in place of a pipe . (See Plate 4 . 30c) . Entrance Sections .r The entrance to the slope drain shall consist of a Standard FDOT " Flared End-Section for Metal Pipe Culverts . " Extension collars shall consist of 12 inch (30 cm ) long corrugated metal pipe . Watertight fittings shall be provided . (See Plates 4 . 30d & 4 . 30e) . .r 4- 102 rr .. Chapter 4 - Best Management Practices for Erosion and Sediment Control aw Lam— ! 0 t;7 MAX ,- IL ' OPEN TOr GMM r a Olea TA S JXLET _ c` tollwasa r /►#IGH o`�, �T�� ILIZ�D �p.TrR dj . GOLRz6e • R L O IZ � ire Q I PLAN VIEW DIKE or OT MIN . r ?CP HIM. GP $8° O#jDEDi''CN7 . Jos 4 SECTION Plate 4. 30c Overside Drain Source: Erosion Draw 4- 103 Florida Erosion and Sediment Control Inspector's Manual r. Dike Design 1 . An earthen dike shall be used to direct stormwater runoff into the temporary slope drain and shall be constructed according to the practice entitled DIVERSION - Section 5 . 18 ( ES BMP 1 . 18 ) . (See Plate 4 . 30a ) 2 . The height of the dike at the centerline of the inlet shall be equal to the diameter of the pipe (D ) plus 6 inches ( 15 cm ) . Where the dike height is greater than 18 inches (45 cm ) at the inlet, it shall be sloped at the rate of 3 : 1 or flatter to connect with the " remainder of the dike . (See Plate 4 . 30a ) Outlet Protection The outlet of the slope drain shall be protected from erosion according to the practice entitled OUTLET PROTECTION - Section 5 . 36 ( ES BMP 1 . 36 ) . (See Plate 4 . 30b ) . Construction Specifications 1 . The measure shall be placed on undisturbed soil or well -compacted fill . 2 . The entrance section shall slope toward the slope drain at the minimum rate of 1 /2 inch per foot (4 cm/m ) . 3 . The soil around and under the entrance section shall be hand-tamped in 8 inch (20 cm ) lifts to the top of the dike to prevent piping failure around the inlet. 4 . The slope drain shall be securely staked to the slope at the grommets provided . 5 . The slope drain sections shall be securely fastened together and have watertight fittings . wr Maintenance The slope drain structure shall be inspected weekly and after every storm , and shall have repairs made if necessary. The contractor should avoid the placement of any material on and prevent construction traffic across the slope drain . w.rr ..r.: :o [ :.a«l rl 4a .r wl : ar . . :a tial [+t Mwr .ter . ,., 1 [aW[1X iTP MS [ 9 h 0. rr.•r .. . ow 1W Won age � j� 11[ Ra [ 7-•'. ' . may` Y • al • r—gym [[ Y :WYYMi �{ Plate 4. 30d Flared End Section Schematic Source: VDH&T Road Designs and Standards rr 4- 104 rr go Chapter 4 - Best Management Practices for Erosion and Sediment Control e. Alternate Connection : f Irr Aoa — • _} -tt Sea w0 r \ ,w rot ;late . *nKe nitedhl , to be punctusd ra matt„ ttol" in skirl hp. 3/$" QUIV bons ro Qe furn�sn• 4 aengfh of toe plate Is W � IC " for Xio 30 " ditz pip* Una WS 22 " for 36 " t'o 604 dia . pipe. 5k,rf 5ecuon fat 12 ' to 3Q" da pipe to b* mode in WA pmts VON Skit 5edronfar 36" to ; 4" tila pipe rrrop be mope tram twc abeels ZorneG by Ing or boll kng oil CMI6f Ift . i;o " "+ov be r an trwila I 3 pwcas Connector Section , Goner Phfe and 'o* plot ' to be w>TM owlmlrrcnessos skln. Erd - se r: lions and titling Ore ro be golva ind 1001!4 o otununum a y i6f use with r like cwix• I�-------- L leiI tool I ' '1 • , , l I aw ; I 11WOLif r. Typical Grass - Sec L i Ian T I , , 1✓ or SHEET DIM EN S14N5 8" Toe j P 1 P E IT+i3CK- a B ; H I- I C L Prate Qla NESS " T M t ► " ThT 1 ' A., " . n 26' 130" 24.4 le " I 4w J i fi " I In I w UI Q 1 247 4" 10 " I 13` i 6 " I 41 ' I 49" 24- 30" .079" I 12 -3 so, .Q/7�A�" I � ~ IQa " I r, r I 7 " I .a. r �-. i jtii7 � I6P t • I O9 6 � 3� " 49' I t C 4 I E ' 2 . I , 2 I 7 $" 90 ? 4" rlr 54r 1 C9 ' I t $" 30" I 12• I a 4- 11 b2 ' r le _ : ' 12m a 7` 1 IIA " I .. .. RARED ENC - SECTION ( Continued ) Plate 4 . 30e Flared End Section Specifications .. Source : VDH &T Road Designs and Standards ,r 4- 105 Florida Erosion and Sediment Control Inspector's Manual .r 4 . 38 TEMPORARY CHECK DAMS Definition Small temporary dams constructed across a swale or stormwater conveyance channel . Purpose To reduce the velocity of concentrated stormwater flows , thereby reducing erosion of the swale or ditch . This practice also traps small amounts of sediment generated in the ditch itself. .r These sediments will require periodic removal . However, this is not a sediment trapping practice and should not be used as such . Conditions Where Practice Applies This practice is limited to use in small open channels which drain 10 acres (4 ha) or less . It should not be used in a live stream . This practice is especially applicable to sloping sites where the gradient of waterways is close to the maximum for a grass lining . Some specific applications include . 1 . Temporary ditches or swales which , because of their short length of service, cannot receive a non -erodible lining but still need some protection to reduce erosion . 2 . Permanent ditches or swales which for some reason cannot receive a permanent non- erodible lining for an extended period of time . 3 . Either temporary or permanent ditches or swales which need protection during the establishment of grass linings . .r Planning Considerations Temporary check dams can be constructed of filter fence or straw bales for very short term applications ; or either stone or logs for longer or permanent applications . Filter fence and straw bale check dams are economical to purchase and simple to install . Log check dams are economical as for material costs , since logs can usually be salvaged from clearing operations . However, log check dams require more time and hand labor to install . Stone for check dams , on the other hand , must generally be purchased . However, this cost is offset somewhat by the ease of installation . Specifications No formal design is required for a check dam ; however, the following criteria should be adhered to when specifying check dams . mr 4- 106 Chapter 4 - Best Management Practices for Erosion and Sediment Control .. ..i .. UM a m � .. o ILo PLAN VIEW aw 4N TO 66 LO&S rr � f '242 MAX r +rr i . VIEW LOOKING UPSTREAM .. 'L' _ THE D15'Tr NGE 5XH THAT POlNT5 'A' ANP IS" MW ARE OF EQUAL MZVATIOR r . . POINT 'A ' POI N , 5' r OW SPACING BETWEEN CHECK DARTS r' KrzY THC FNV5 OF -HG G iK :)AM, W40 s'HE .:F-}ANNE' SANK. BOGS 5Hd3 l- EC PRS55VRE ,T, EATS-W IP OKAPE 5TA$ I. IZATIOH 5TF;U4TW R ;5 114—m 3cD TO HE PERMA1017. .. Plate 4 . 38a Log Check Dam Source : Erosion Draw .. 4- 107 Florida Erosion and Sediment Control Inspector's Manual The drainage area of the ditch or swale being protected should not exceed 10 acres (4 ha) . The maximum height of the check dam should be 2 feet (60 cm) . The center of the check dam must be at least 6 inches ( 15 cm ) lower than the outer edges . (See Plate 4.38a) The cross-sections of the dams should be as shown in Plates 4 . 38a through 4 . 38d , respectively, for logs , stone, straw bales, and filter fence. The maximum spacing between the dams should be such that the toe of the upstream dam is at the same elevation as the top of the downstream dam . (See Plate 4 . 38c) : Log check dams should be constructed of 4 to 6 inch ( 10 to 15 cm ) logs salvaged from clearing operation site , if possible . The logs should be embedded into the soil at least 18 inches (45 cm). The 6 inch ( 15 cm) lower height required at the center can be achieved either by careful placement of the logs or by cutting the logs after they are in place . (See Plate 4 . 38a ) . Logs and/or brush should be placed on the downstream side of the dam to prevent scour during high flows . Stone check dams should be constructed of FDOT No . 1 Coarse Aggregate ( 1 . 5 to 3 . 5 inch ,r,p stone) (4 to 9 cm ) . The stone should be placed according to the configuration in Plate 4 . 386 . Hand or mechanical placement will be necessary to achieve complete coverage of the ditch or swale and to insure that the center of the dam is lower than the ends . (See Plates 4 . 38b & 4 . 38e ) Straw bale and filter fence check dams shall be installed as per STRAW BALE BARRIER - Section 4 . 05 (Channel Flow Applications ) (See Plates 4 . 38c & 4 . 38f) and SILT FENCE - Section 4 . 06 (Channel Flow Applications) (See Plate 4 . 38d ) . • Sediment Removal While this practice is not intended to be used primarily for sediment trapping , some sediment • will accumulate behind the check dams . Sediment should be removed from behind the check dams when it has accumulated to half of the original height of the dam . Removal Check dams must be removed when their useful life has been completed . In temporary ditches and swales, check dams should be removed and the ditch filled in when it is no longer needed . In permanent structures , check dams should be removed when a permanent lining can be installed . In grass-lined ditches , check dams should be removed when the grass has matured sufficiently to protect the ditch or swale . The area beneath the check dams should be seeded and mulched or sodded (depending upon velocity) immediately after they are removed . r If stone check dams are used in grass-lined channels which will be mowed , care should be taken to remove all the stone from the dam when the dam is removed . This should include any stone which has washed downstream . Since log check dams are embedded in the soil , their removal will result in more disturbance of the soil than will removal of stone check dams . Consequently, extra care should be taken to restabilize the area when log dams are used in permanent ditches or swales . .r► 4- 108 . .r UW Chapter 4 - Best Management Practices for Erosion and Sediment Control � n _ 4 A VIEW LOOKING UPSTREAM NOTEt r' Kry STONE IRTO :-IE DITCH $.4NK5 AND EXT=KO IT D'EYONP Tim ABUMd1=�i 5 A MINIKH OF IS' TO PREVEMT OYS-k FLOA AFZ040 PAK ow FLOW OFIX a WT : \vz ow SECTION A - A 1219TAK E 56CH 'KAT PO 'sNTS 'P.` A ow %3' AFM OPtIJA, ' EL=VATIRh:. I a� t� POINT 8 ' � r ` �� tia 'y �• �/fit � • SPACING BETWEEN CHECK DAMS Plate 4 . 38b Rock Check Dam Source : Erosion Draw irr 4- 109 Florida Erosion and Sediment Control Inspector's Manual 10 DCH SY �� Ns END POIN'S 'K MUST BE E+T%� 36 y �I' Ei+AES C'r BN ESI TFON FLOV LINE PONT '3' I io 3q c err 1.7 - 32 t 3S ' O �n I MW 3' A I 0 4 3D " Y - � u ` ENS PITNM d !IJUS7 BE HI R , IT OVERLAP SIDE 1jFLOWS D4 FLOW � , , A LEE BALES} TO PRE:VENT CSS III P I ' QW [R HM Ba.,°'S IN CHNY'ElSIU, I IV BED rjib �nLY AgJmc wi 01-ER �I� I ' II fIM F �,S' T ll. I IyL6 Iae TiG%Y i l Di VLIH W con t • I • WLES nAT IL TTGRLY ,XII . M %rTK t M.TMkATI LOCATEN Or t we TnMT P31r, OEP IS PAS' G! OU1 L_rrC6 VrPj Tri +EST GRD-NO FJ6= II _ EI C�ATI7l T!£ IPSTr;': 3w� I wit VN R�Am 1Yht v:vn SAES SLCH k "T MM -I' LS VRIN +riLY U- .. Y:m -Cl< G_TYB"ST gwo I I Wo U.EffiTm Cr TF£ 'jMMW= 1 I .I l I i to V1DE CHANNELS � NRRR 'v/ k�ANKE I_ S Plate 4. 38c Straw Bale Check Dam Source : HydroDynamics , Inc. rl 4- 110 .r 9W Chapter 4 - Best Management Practices for Erosion and Sediment Control Maintenance Check dams should be checked for sediment accumulation after each significant rainfall . Sediment should be removed when it reaches one-half of the original height or before . Regular inspections should be made to insure that the center of the dam is lower than the edges . .. Erosion caused by high flows around the edges of the dam should be corrected immediately. Sift Flow OW .. Note : Spocing for Type N Fence to be in accordonce w ? th ehcrf 1 , Srreel J of 3 o ,r)d ditch 6 56cilotrons Qf dfalr; age OW stricttlr'es Street 2 of 3 . Type .z. j Sr' ff Fence ■. l r--I 39 A A t FIC%V i I l OW � \ Points A should be Higher :nan Point B .rr Drainageway Installation (Front Elevation ) r Plate 4 .38d Silt Fence Check Dam +r Source : Installation of Straw and Fabric Filter Barriers for Sediment Control Sherwood and Wyant 4- 111 Florida Erosion and Sediment Control Inspector's Manual ,r D-50 mv.4sraRew, r.%LDC SLTE Cv STNLCTk1:;E Fran Cr IM 035 am ass am , CIO (IND-ES) KAOt,M VATM LPTH OVER REEK WrFES) 3 05 Q7 C-A Lb L3 E.% G !2 14 15 2A 2S ?? RECOLHMENDED RLGUK SIZ= & FLCw CEPT -IS END ?OIN 'S 'P: MUS T BE hQG'ER 035 FT/FT [A F LAT T M THAN F_71i LIVE KNT 'B' �t!vIru4] F_0W LNE SJ1Prz CURSE ROD{ A • +q � P' ' 2a F=LT - w. KINIK11 DEPTH [it CILRSE OG " C ;.5 M. R❑ X SET IN A RQX PLACED 24 DFAWEL D:FFEI€W EVID41M.]'1: 1�Nc: FLIV LINE IS E5 FE1;i SIDE VIEW FREN 'v' � = ;�' " a IMF MENEM - - - - - - - - -- - - - - - FLN .� - - -..- - .. PLAIT oQ. + STTXTK MAT Pwa OF is L AFF-93 Vrn+ TFE LDWEV GUN CLEVATM ff rW MTFEEM1 5 iWEAF E M ` r Plate 4. 38e Rock Check Dam Details Source : HydroDynamics , Inc. Ow rr 4- 112 ■r •• Chapter 4 - Best Management Practices for Erosion and Sediment Control .. { o 0 SPILLWAY a r a o 0 GRAKNEL. DANK PLAN POINT 'A ' 1 b: IN. SrILL AA%Y 2 MAX, V 107 �1! ry r � V .. VIEW LOOKIHG _ -UPSTREAM — PorkolN6 HEI6� . rr 'L' sr TM D15TAWaE SUCH 714A T POINTS AND rQLKM 'D' Ake of EOUA; . EL'�r4TkOhl. n ar ppltiT 'G ' PAINT `D` I aQ'rIOKAL �l 7551FATOR v f' 1 O arr \ y , Emlae 7 57RAV� SAIF 4 " Y..' Kv • , `� /1 ` INTO SOIL. '.. SECTION A - A SPACING BETWEEN CHECK QAMS V r L'oTtS: 3 • 12L.44e 5AL:.' =1lxP0'PIGULA%t TO THE i . rh1 3 BALES 4" IItiTO Tt'= 5011_ AND 'KLY ' r H YWI ;4e GND:S T IG}aTL" AE3JTTklvca . V6= SAI 1=5 13:70 "'Hc Gi RANNtI- 3ANK� STRAW, ROCKS O R FI % T ER FABR;G TO FILL 2 . POINT 'A' 11`•x: 6t k- J&HER THAN fiPOINT 'S`. ANY 6}�a AND TAw1P SACK� ILL MATERIAL r5P :1.LYVP.7 �IFIE,� T) .O PR .- FE T 5RO510K OR PLOY. AiROJNp i iE $AI. . 4 . 5PLLLKA%Y HEl6rT SHALL %OT .�!P'CGEEPP 24 " . 5 . INSPECT AFTER EACH 51 .911-iGAN'7 5TORM, MAIN T AIN rs• V. REPAIR FRONIP i L . ar Plate 4. 38f Straw Bale Check Dam Details " Source: Erosion Draw +r 4- 113 aw Florida Erosion and Sediment Control Inspector's Manual .. 4 . 40 DEWATERING Definition Lowering the water table by means of pumping . Purpose To allow the construction of structural and stormwater improvements by removing water from excavation areas and allowing construction by conventional "dry" methods. Planning Considerations rr The major planning consideration in dewatering is disposal of removed water. Volume , quality, and topography are the factors governing the method and destination of removed water . Discharge from well-point dewatering is relatively clear except for the initial discharge after .r installation or inactivity. Water pumped from a sump hole is thoroughly sediment laden and must always be treated . Turbid water must either be filtered before leaving the site or must be impounded onsite and allowed to settle . In flat terrain it is sometimes more economical to •� impound relatively clean water rather than pipe it long distances to a receiving water body . Specifications The two most common methods of dewatering used in Florida are well-point systems and sump pumps . A well -point system consists of one or more rows of small 2" (5 cm ) collector pipes which are jetted vertically into the ground near the proposed excavation . The small pipes are connected by a larger 6" ( 15 cm ) manifold pipe which is connected to the pump and discharge line . The sump method is simply a hole in the ground with a pump drawing all of the water flowing into the hole . Excess water is conveyed to the sump by open ditches or perforated pipes embedded in sand or gravel . Sumps and Ditches The water table is lowered by ditching and conveying water to a lowered sump hole . Water pumped from a sump hole is usually heavily laden with sediments . Water flowing over disturbed and saturated ground detaches and transports all sizes of soil particles into the sump pit to be sucked up by the pump . Saturated liquid soil (mud ) is also drawn into the pump . The discharged water must be treated before release into a receiving water body or stormwater system . Placing haybales around the pump intake or outlet is not sufficient filtration by itself. Turbid water must either be impounded long enough for effective settling of fines , or filtered through a temporary filter or sediment tank. Initially the water may percolate freely into the ground , however this will diminish as the fine particles settle and clog the surface layer of soil . In situations which preclude the use of filtration or settlement facilities , and turbid water is discharged directly into a water body, a suitably designed floating turbidity barrier must be used . Note that this method does not remove any sediments, it merely allows for dilution to lower the turbidity level . 4- 114 Chapter 4 - Best Management Practices for Erosion and Sediment Control Horizontal Wells This system also consists of a series of ditches leading to a sump hole or pump . The ditches are filled with sand or gravel surrounding a perforated pipe . A geotextile may also be used to prevent excessive migration of fines into the system . The discharged water must be treated before release as described above . Well -point Systems The well -point system is the preferred system for dewatering and should be used whenever possible . The initial discharge yields the sediments displaced by the installation of the small collector pipes . This can be directed into the excavation , a small settling or filtration facility, or 4W larger temporary impoundment . Thereafter the water is generally clear ground water and may be discharged into a receiving water body provided that there is suitable conveyance . No Maintenance 1 . Any water impoundment must be inspected daily to prevent failure of dikes , berms , or ,.� control structures . Minor problems should be repaired at once . Major problems will require a redesign and plan modification . .. 2 . Any filtration device must be inspected and cleaned frequently. The discharge should be monitored daily and whenever the pumps are started . Inspection and maintenance of the system are best performed when the facility is dry. The first signs of diminished .. performance should be an alarm that maintenance is required . f the facility will no longer drain itself, the untreated water must be pumped back to its source , rather than by-passing the facility and discharging to the water body or stormwater system . 3 . Floating turbidity barriers shall be maintained as per FLOATING TURBIDITY BARRIER - Section 4 .45 4- 115 i Florida Erosion and Sediment Control Inspector's Manual 4 . 45 FLOATING TURBIDITY BARRIER Definition A floating geotextile material which minimizes sediment transport from a disturbed area adjacent to or within a body of water. Purpose To provide sedimentation protection for a watercourse from up-slope land disturbance where ..r conventional erosion and sediment controls cannot be used , or from dredging or filling within the watercourse . �r Conditions Where Practice Applies Applicable to non-tidal and tidal watercourses where intrusion into the watercourse by construction activities has been permitted and subsequent sediment movement is unavoidable . Planning Considerations .� Soil loss into a watercourse results in long-term suspension of sediment . In time , the suspended sediment may travel large distances and affect widespread areas . A turbidity curtain is designed to deflect and contain sediment within a limited area and provide enough residence time so that soil particles will fall out of suspension and not travel to other areas . wr Turbidity curtain types must be selected based on the flow conditions within the water body, whether it be a flowing channel , lake , pond , or a tidal watercourse . The specifications contained within this practice pertain to minimal and moderate flow conditions where the velocity of flow may reach 5 feet (1 . 5 m) per second (or a current of approximately 3 knots) . For situations where there are greater flow velocities or currents , a qualified engineer and product manufacturer should be consulted . Consideration must also be given to the direction of water movement in channel flow situations . Turbidity curtains are not designed to act as water impoundment dams and cannot be expected to stop the flow of a significant volume of water. They are designed and installed to trap sediment, not to halt the movement of water itself. In most situations, turbidity curtains should not be installed across channel flows . In tidal or moving water conditions , provisions must be made to allow the volume of water contained within the curtain to change . Since the bottom of the curtain is weighted and external anchors are frequently added , the volume of water contained within the curtain will be much greater at high tide verses low tide and measures must be taken to prevent the curtain from submerging . In addition to allowing slack in the curtain to rise and fall , water must be allowed to flow through the curtain if the curtain is to remain in roughly the same place and maintain the same shape . Normally, this is achieved by constructing part of the curtain from a heavy woven filter fabric. The fabric allows the water to pass through the curtain , but retains the sediment particles . Consideration should be given to the volume of water that must pass through the 4A16 UW Chapter 4 - Best Management Practices for Erosion and Sediment Control fabric and sediment particle size when specifying fabric permeability . Sediment which has been deflected and settled out by the curtain may be removed if so directed by the on-site inspector or the permitting agency. However, consideration must be given to the probable outcome of the procedure - will it create more of a sediment problem by resuspension of particles and by accidental dumping of the material by the equipment involved ? It is , therefore , recommended that the soil particles trapped by a turbidity curtain only be removed if there has been a significant change in the original contours of the effected area in the watercourse . Regardless of the decision made , soil particles should always be allowed to settle for a minimum of 6- 12 hours before their removal by equipment or before removal of a turbidity curtain . It is imperative that the intended function of the other controls in this chapter, tokeep sediment out of the watercourse, be the strategy used in every erosion control plan . However, when proximityto thewatercourse makes successfully mitigating sediment loss impossible , the use ,r,,, of the turbidity curtain during land disturbance is essential . Under no circumstances shall permitted land disturbing activities create violations of water quality standards) Design Criteria 1 . Type I configuration (see Plate 4 .45a) should be used in protected areas where there .r is no current and the area is sheltered from wind and waves . 2 . Type II configuration (see Plate 4 .45a ) should be used in areas where there may be or small to moderate current running (up to 2 knots or 3 . 5 feet ( 1 m ) per second ) and/or wind and wave action can affect the curtain . ..� 3 . Type III configuration (see Plate 4 .45b) should be used in areas where considerable current (up to 3 knots or 5 feet ( 1 .5 m) per second ) maybe present, where tidal action maybe present , and/or where the curtain is potentially subject to wind and wave action . 4W 4 . Turbidity curtains should extend the entire depth of the watercourse whenever the watercourse in question is not subject to tidal action and/or significant wind and wave forces . This prevents silt laden water from escaping under the barrier, scouring and resuspending additional sediments . 5 . In tidal and/or wind and wave action situations , the curtain should never be so long a to . touch the bottom . A minimum 1 foot (30 cm ) "gap" should exist between the weighted lower end of the skirt and the bottom at "mean" low water. Movement of the lower skirt over the bottom due to tidal reverses or wind and wave action on the flotation system may fan and stir sediments already settled out. 6 .- In tidal and/orwind and wave action situations , it is seldom practical to extend a turbidity curtain depth lower than 10 to 12 feet (3 to 4 m ) below the surface, even in deep water . Curtains which are installed deeper than this will be subject to very large loads with " consequent strain on curtain materials and the mooring system . In addition , a curtain installed in such a manner can "billow up" toward the surface under the pressure of the moving water, which will result in an effective depth which is significantly less than the aw 4- 117 Florida Erosion and Sediment Control Inspector's Manual ■, skirt depth . 7 . Turbidity curtains should be located parallel to the . direction of flow of a moving body of water. Turbidity curtains should not be placed across the main flow of a significant body of moving water. 8 . When sizing the length of the floating curtain , allow an additional 10 - 20 % variance straight line measurements . This will allow for measuring errors , make installing easier and reduce stress from potential wave action during high winds . 9 . An attempt should be made to avoid an excessive number of joints in the curtain ; a minimum continuous span of 50 feet ( 15 m ) between joints is a good "rule of thumb . " 10 . For stability reasons , a maximum span of 100 feet (30 m ) between anchor or stake locations is also a good rule to follow. .r 11 . The ends of the curtain , both floating upper and weighted lower, should extend well up into the shoreline , especially if high water conditions are expected . The ends should be secured firmly to the shoreline to fully enclose the area where sediment may enter the water. 12 . When there is a specific need to extend the curtain to the bottom of the watercourse in tidal or moving water conditions , a heavy woven pervious filter fabric may be substituted for the normally recommended impervious geotextile . This creates a "flow-through" medium which significantly reduces the pressure on the curtain and will help to keep it in the same relative location and shape during the rise and fall of tidal waters . .► 13 . Typical alignments of turbidity curtains can be seen in Plate 4 .45c. The number a spacing of external anchors may vary depending on current velocities and potential wind and wave action ; manufacturer's recommendations should be followed . 14 . Be certain that the type , location , and installation of the barrier is as shown on the approved plan and permit. Additional permits may be required in navigable waterways , especially when the barrier creates an obstruction . .r 4- 118 rr Chapter 4 - Best Manaqement Practices for Erosion and Sediment Control 5/8 IN . POLYPP.OPYLENE ROPE 1 /4 IN, TIE WIRE F60ATATION nC II I � rr FOLDS FOR COWACT STORAGC ECONOMY FABRICS AVARASLE OEFM ACCORrANC TO NE iA OZ . wn LB/IH , ST+�4RD r NYLON ReNF'JftCF'fl VrN'YL ALL SEAMS NEAT SEALED 1 /+ EN. CrE+NN (ELOW�EIP OF SHACKLE CONNECTION) a Type I ark 18 (OT's 22) oz. VINYL cawwD NYLCt4 GALVANIZED f24 SAFETY HOOK TOP LOAN LWE PVC SLOT--CONNEC'UR WATEATEP. 5/ 16 MMIC COATED CAM SFAL low STRESS PLATE (TO KE1A0VE FLOATA 1oN PRESS ; RE FRO14 FLOATS) 7 s Wrr IT F'T. STANOARD LE40"14 FOLDS 104MY 8 FEET Ugnrl ACCORDING TO NEED STRESS BAND STRESS PLATE 5/ 16 1N , C4AIN BALLAST A LOAD UNE Type II w.r Plate 4. 45a Type I and II Floating Turbidity Barriers Source : American Boom and Barrier Corporation Construction Specifications 4- 119 r Florida Erosion and Sediment Control Inspector's Manual ,rr Materials 1 . Barriers should be a bright color (yellow or "international " orange are recommended ) that will attract the attention of nearby boaters . �rw 2 . The curtain fabric must meet the minimum requirements noted in Table 3 . 27-A, 3 . Seams in the fabric shall be either vulcanized welded or sewn , and shall develop the full strength of the fabric. 4 . Floatation devices shall be flexible , buoyant units contained in an individual floatation r sleeve or collar attached to the curtain . Buoyancy provided by the floatation units shall be sufficient to support the weight of the curtain and maintain a freeboard of at least 3 .r inches (8 cm ) above the water surface level . (See Plate 4 .45c) 5 . Load lines must be fabricated into the bottom of all floating turbidity curtains . Type 11 and Type 111 must have load lines also fabricated into the top of the fabric. The top load line shall consist of woven webbing or vinyl-sheathed steel cable and shall have a break strength in excess of 10 , 000 pounds (4 .5 t) . The supplemental (bottom ) load-line shall V, consist of a chain incorporated into the bottom hem of the curtain of sufficient weight to serve as ballast to hold the curtain in a vertical position . Additional anchorage shall be provided as necessary. The load lines shall have suitable connecting devices which develop the full breaking strength for connecting to load lines in adjacent sections (See Plates 4 .45a and 4 .45b which portray this orientation ) . rr 6 . External anchors may consist of 2 � x 4 inch (5 x 10 cm ) or 2-1 /2 inch (6 cm) minimum diameter wooden stakes, or 1 . 33 pounds/linear foot (2 kg/m) steel posts when Type I installation is used ; when Type II orType III installations are used , bottom anchors should be used . 7 . Bottom anchors must be sufficient to hold the curtain in the same position relative to the bottom of the watercourse without interfering with the action of the curtain . The anchor may dig into the bottom (grappling hook, plow or fluke-type) or may be weighted (mushroom type) and should be attached to a floating anchor buoy via an anchor line . .. The anchor line would then run from the buoy to the top load line of the curtain . When used with Type III installations, these lines must contain enough slack to allow the buoy and curtain to float freely with tidal changes_ without pulling the buoy or curtain down and •• must be checked regularly to make sure they do not become entangled with debris . As previously noted , anchor spacing will vary with current velocity and expected wind and wave action ; manufacturer's recommendations should befollowed . See orientation of external anchors and anchor buoys for tidal installation in Plate 4 .45b . 4- 120 .r Chapter 4 - Best Management Practices for Erosion and Sediment Control Type Ill 22 02. NYLON PENFORCED VINTL SMESS RMD PVC SLOT - CONNZCTIG3 FLOATAT10N � O d T yrr DEPTH ACCOR }INC TO NEEt1 _ I 5116 VINYL COATING CABLE wE'Le HOOK 5Ti2F,$$ PLArE LAP LINK 5/ 15 IN. rr (ON BOTH SIUES OF UVRYAIN CHAIN TO .4 EDUCE 5TR/U N ) orientation When Installed (Tides Sguaticn - Type III) MOaE; AMIIOR:NG VTN DUOYS, ATTACH LINES AUTOMATIC F ASITYJG AS SHOWN , REMOVES ALLTO SHWC:QtI_E LIGiiT (ON AT DU5K- r VERTICAL FORCES FROM THE BUOY OFF AT DAWN) 100' CURTAIN. HENCE, THE CURTAIN � 1 � � 1 ON CENTER SHALL EE WILL NOT SINK FROM WIND OR \ / USED W NAVIGABLE CURRENT LOADS. — i'Z �' CHIWNELS OKY ■r L1IN� z' STANDARD COWAIN U FAIT SYSTEMS LIGWr nOY W S' ��` AHCHOA (AS �w WATER SURFACE RECOMMENDED E1Y T} E MANUr✓ crURER) 47q Ash . � + CURYAN RIVERGED q o c o O o v O q o a C 0 4 0 O q v a v Q O Q q O q OQ q G G 4P q Q q 4 o Q V O q e O O d Va ¢ c v V O Q Q 4 4 0 0 Q 4 O Q 4 Q p O cT O 0 0 ■III O 4 G O Plate 4 ,45b Type III Floating Turbidity Barrier Source : American Boom and Barrier Corporation and VDOT Standard Sheets r. Installation 4- 121 Florida Erosion and Sediment Control Inspector's Manual .► 1 . In the calm water of lakes or ponds (Type I installation ) it is usually sufficient to merely set the curtain end stakes or anchor points (using anchor buoys if bottom anchors are employed ) , then tow the curtain in the furled condition out and attach it to these stakes or anchor points . Following this , any additional stakes or buoyed anchors required to maintain the desired location of the curtain may be set and these anchor points made fast to the curtain . Only then, the furling lines should be cut to letthe curtain skirt drop . 2 . In rivers or in other moving water (Type 11 and Type III installations) it is important to set all the curtain anchor points. Care must be taken to ensure that anchor points are of sufficient holding power to retain the curtain under the expected current conditions , before putting the furled curtain into the water. Anchor buoys should be employed on all anchors to prevent the current from submerging the flotation at the anchor points . If the moving water into which the curtain is being installed is tidal and will subject the curtain to currents in both directions as the tide changes , it is important to provide anchors on both sides of the curtain for two reasons : a) Curtain movement will be minimized during tidal current reversals . b) The curtain will not overrun the anchors pull them out when the tide reverses . When the anchors are secure, the furled curtain should be secured to the upstream anchor point and then sequentially attached to each next downstream anchor point until the entire curtain is in position . At this point, and before unfurling , the "lay" of the curtain should be assessed and any necessary adjustments made to the anchors . Finally, when the location is ascertained to be as desired , the furling lines should be cut to allow the skirt to drop . 3 . Always attach anchor lines to the flotation device not to the bottom of the curtain . The anchoring line attached to the floatation device on the downstream side will provide support for the curtain . Attaching the anchors to the bottom of the curtain could cause .� premature failure of the curtain due to the stresses imparted on the middle section of the curtain . 4 . There is an exception to the rule that turbidity curtains should not be installed across channel flows ; it occurs when there is a danger of creating a silt buildup in the middle of a watercourse , thereby blocking access or creating a sand bar. Curtains have been .. used effectively in large areas of moving water by forming a very long-sided , sharp N" to deflect clean water around a work site , confine a large part of the silt-laden water to the work area inside the N" and direct much of the silt toward the shoreline . Care must be taken , however, not to install the curtain perpendicular to the water current. 5 . See Plate 4 .45c for typical installation layouts. rr r 4A 22 rrii IM Chapter 47 Best Management Practices for Erosion and Sediment Control Typical Layouts Strean'ts, Ponds , and lakes ( Protected and Nan -Tida:) r STREAM FLOW ANCHOR PT. ....-F. STAKE OR ANCHOR , r. � EVERY 4100 ' ( TYPICAL) SHORMINE FILL AREA 1000 LIMITS OF TyPP CONSTR. r SHORELINE ANCHOR Pr, CURTWN X a THIS CISTANCE IS VARIABLE IfRT rrr Tidal Waters and/or Heavy Wind and Wave Action --�-•� FLOOD r- ®B -r' PROPOSED TOE OF 50FE ..- i 4.+ %"-ro Ltiu .d NA 4 s t7CrtiTING �too . CAUSCWAY ANCHOR & �.. ANCHOR BUOY SHORELINE aw BARRIER MOVEMENT . SHORELIN '5 ANCHOR FL DUE TO TIDAL CHANGE JNICHa� ?. r THIS DISTANCE 25 VARIABLE FiLL AREA r Plate 4. 45c Typical Installation Layouts -- Source: FDOT Roadway and Traffic Design Standards 4- 123 Florida Erosion and Sediment Control Inspector's Manual 6 . The effectiveness of the barrier can be increased by installing two parallel curtains , separated at regular intervals by 10' (3 m ) long wooden boards or lengths of pipe . Removal r 1 . Care should be taken to protect the skirt from damage as the turbidity curtain is dragged from the water. 2 . The site selected to bring the curtain ashore should be free of sharp rocks , broken cement, debris , etc. so as to minimize damage when hauling the curtain over the area . 3 . If the curtain has a deep skirt, it can be further protected by running a small boat along its length with a crew installing furling lines before attempting to remove the curtain from the water. Maintenance .. 1 . The developer/owner shall be responsible for maintenance of the filter curtain for the duration of the project to ensure the continuous protection of the watercourse . •• 2 . Should repairs to the geotextile fabric become necessary, there are normally repair kits available from the manufacturers ; manufacturer's instructions must be followed ensure the adequacy of the repair. 3 . When the curtain is no longer required as determined by the inspector, the curtain a related components shall be removed in such a manner as to minimize turbidity. Sediment shall be removed and the original depth (or plan elevation ) restored before removing the curtain . Remaining sediment shall be sufficiently settled before removing the curtain . Any spoils must be taken to an upland area and stabilized . 4- 124 Chapter 4 - Best Management Practices for Erosion and Sediment Control .. This page left intentionally blank r r r 4- 125 Florida Erosion and Sediment Control Inspector's Manual REFERENCES Florida Department of Environmental Regulation ; 1988 , The Florida Development Manual : A Guide to Sound Land and Water Management (Chapter 6) . Tallahassee , FL ■ .r 4- 126 INDIAN RIVER COUNTY - MEMORANDUM STANDARD PLAT COMMENTS FROM COUNTY SURVEYOR Date : To : Current Development Cc: Chris Kafer P . E . County Engineer, Dave Cox, David Hays r From : Michael O' Brien P.S . M . , County Surveyor Subject: STANDARD PLAT COMMENTS •+ Reference : Comments below are intended to be a guide for future PLAT submittals. The comments below DO NOT include ALL platting requirements as stated in Florida Statutes and County Code. r Miscellaneous : This Guide should be forwarded to the Platting Surveyor prior to future plat submittals . Additional requirement exist within Florida Statutes and Chapter 177 and I . R. C . Code 913 .07 • For review and approval of FINAL Plat submittals : Said plats are required to conform to Florida Statutes Chapter 177 part 1 Platting (ss . 177.011 -177. 151 ) and. part III and Indian River County land development regulations Ch 913.07 . • A certified Boundary Survey shall accompany all Final Plat submittals . Said Boundary Survey r. shall adhere to all requirements within Chapter 177 & 472 , Florida Statutes and Chapter 61 G17 , Florida Administrative Codes and shall be the basis for the Final Plat. • For plat projects larger than 10 lots and to expedite the County surveyors reviews , an electronic (Auto CADD 14/2000) file ( In State Plane) supplied on diskette or CD is required for the final stage of each r. plat (Mylar) , prior to signatures by the County, for our records . • County Surveyor reserves the right for additional comments • There may be additional comments from other departments or agencies . rr A written response to all comments shall be supplied . Below are comments regarding all "future" Final Plat submittals for this project. 1 . As per Florida Statutes and I . R. C . Code 4 signed and sealed Boundary survey(s) must accompany final plat submittals . Signed and Sealed Boundary Survey (s) of the platted lands that complies with Chapter 61 G17-6 . 0031 Florida Administrative Code shall accompany all final plat applications . The •� Boundary survey(s) shall be preformed within one year of application and prepared by a Professional Surveyor and Mapper registered in the State of Florida under the employment of the "Legal Entity" submitting the final plat application . (Florida Statutes 177 .041 ) . Relative to multi-phase subdivisions r that are part of a parent tract, a boundary survey of the parent tract and the phase being platted shall be provided . 2 . As applicable , plat shall provide information regarding Murphy Reservations and/or Releases as it affects adjoining/surrounding Rights-of-Ways . +r 3 . Provide a "Metes and Bounds" description for final plat. 4 . Any Change in an existing plat shall be labeled a "replat" . ( FS 177 .051 (2 )) 5, I . R. C . Code 913 .07 requires State Plane coordinates to be established on at least two plat corners . You are reminded that if this plan is submitted for final approval , it must show State Plane .. Coordinates on two successive corners shown on the plan , these coordinates being the result of a survey tie to monuments in the Indian River County Horizontal Control Network. The GPS monuments used will be shown on the face of the plan . Supporting data relating to the establishment of state .. plane coordinates shall be supplied to the County Surveyor prior to Final Plat approval . All state plane coordinates shall be to current adjusted values as provided by NGS. C:\Documents and SettingAdave\Local Settings\Temporary Internet Files\01K4FF\.STANDARD Plat Comments - County Surveyor.doc 1 irr I .R.C. FINAL PLAT STANDARD COMMENTS 6, All Section Lines and Quarter Section lines occurring within the subdivision shall be indicated by lines drawn upon the map or plat, with appropriate words and figures . If the description is by Metes and Bounds , all information called for, such as point of beginning , shall be indicated . If the platted lands are in a land grant or are not included in the subdivision or government surveys , then boundaries are to be defined by Metes and Bounds and courses . ( F . S . 177 .091 ( 14)) . 7. All Contiguous properties shall be identified by subdivision title , plat book, and page , or; if unplatted , ,r land shall be so designated . If the subdivision platted is a part or a whole of a previously recorded subdivision , sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made; the fact of it's being a replat shall be stated as a subtitle under the name of the plat on each sheet included . The subtitle must state the name of the subdivision being replatted and +� the appropriate recording reference (F .S . 177 .091 ( 17)). 8. A signed Boundary, Tract and Lot Closure report (Note closure must indicate error of closure) is now being required to be supplied directly to the County Surveyor for all final plat approvals . The County Surveyor will not review the application(s) without the mentioned report(s). 9 . A Basis of Bearing (Bearing reference) shall be noted on plat and shall reference a well "Established' and "Monumented" line . (F .S . 177 .091 (6 )) . Plat shall indicate a well "established" and "Monumented" line, and provide geometry to found and used horizontal control along Section/Tract lines or reference •+ thereto. 10 . The initial point in the description shall be tied to the nearest government corner, ( I . R. C . Code 913 . 07 (6 )(d )( 10)(a)) . And a second point shall be tied to a second government comer AND a certified corner report(s ) must be submitted to the County Surveyor and D . E. P . ( If applicable) (F .S . 177 . 507 ( 1 )) "Plat corners are not Government Comers " and" Unless the corner is substantially as described in a previous riled corner record" anew comer report is required. Surveyor is responsible for verifying existing corner records or preparing a new one and advising the County Surveyor as such. Surveyor is responsible for verifying existing corner records or preparing a new one and advising the County Surveyor as to which corner record was verified OR supply a copy of newly prepared corner record that has been submitted to D. E. P. Note: The county will inspect the current Certified Corner reports for accuracy (Accessories e. t. c.) at the time of plat PRM inspections If all accessories are not substantially the same new reports will be required and may delay processing of the plat. 11 . As part of the "preliminary plat review" and continuing on to final plat the locations and dimensions of .r all known existing and proposed right-of-ways and easements and the purpose for which they were established on : The subject site , adjacent property, and on opposite sides shall be shown . ( I . R.C . Code 913 .07 (4)(c)( 1 2 )(a-c)) . All "ultimate " Right-of-Way lines shall be provided on applicable sheets. 12 . Overall geometry for lines and Curve information along plat/boundary/tract lines shall be shown on the plat drawing (LE, not only to match lines). Applicable curve (Arc/Radius/Delta) line data shall be provided on actual drawing and/or in conjunction with required curve/line table data . 13 . Plats bordering on tidally affected navigable waters must comply fully with the requirements of Ch . r 177 , Part Il , regarding establishment of a local tidal datum and the determination of the MHWL in the event that the MHWL is used to determine building or other setbacks required for development. The elevation and date of determination of the MHWL, as approved by the Florida Department of Environmental Protection (FDEP ) Bureau of Surveying and Mapping , or its successor agency, must appear on the plat. A copy of written MHWL survey approval from the FDEP must be submitted to the County Surveyor and Mapper prior to plat recordation . 14 . The county surveyor will no longer accept line and/or curve data in a table format that will "fit" ( F .S . r. 177 .091 (20 )) , and/or can "possibly" and/or logistically placed along the plat/boundary/tract line itself. This applies to all dimensions on the plat drawing including Boundary/Tracts/Rights-of-Ways/lots e .t.c. 15. Curvilinear lot lines shall show the radii , arc, distances , central angles , chord distances and bearings . Radial line will be so designated . Direction of non-radial lines shall be indicated . A table format may be used coinciding with same page . (F .S . 177 . 091 (20)) , ( I . R . Code 913 . 07 (4)(C) 13(f) . C:\Documents and Settings\dave\Local Settings\Temporary Internet Files\OLK4FF\STANDARD Plat Comments - County Surveyor.doc2 r I . R.C. FINAL PLAT STANDARD COMMENTS 16, I . R. C . Code (930 . 07 (2 ) (h ) 2 . ) Requires that one or more (Two Bench Marks placed on actual PRM 's is required by County Surveyor) NGVD 29 vertical datum "Bench Mark" be placed on a monument(s ) Further plat is to include the vertical control datum "published origin " description. 17. Cover sheet shall have location sketch showing the existing zoning classification of the subject site +� and of the adjacent property; ( I . R. C . Code 913 .07(D)( 11 )) , 18. The County Surveyor Certificate shall be as follows : ❑ "This Plat of (Name of Subdivision ) has been reviewed by the undersigned Professional Surveyor and Mapper employed by the Board of County Commissioners of Indian River County for conformity to the requirements of Chapter 177 , of the Florida Statutes ." Michael O' Brien ; Indian River County Surveyor and Mapper rr Registration NO . PSM 6118 Date : 19. The preparing Surveyor Certificate shall adhere to the following standards and statements as it .. applies : . ❑ Certificate of surveyor. The plat shall contain : a . The signature , registration number and official seal of the land surveyor, certifying the survey data complied and shown on the plat complies with all of the requirements of Chapter 177 , Florida Statutes , as amended , chapter in the following forms : CERTIFICATE OF SURVEYOR r KNOW ALL MEN BY THESE PRESENTS , That the undersigned , being a licensed and registered Professional Surveyor and Mapper, does hereby certify that on he completed the survey of the lands as shown in the forgoing plat; that said plat is a correct presentation of the lands therein described and platted or subdivided ; that permanent reference monuments have been placed and each P . C . P . will be set as shown thereon as required by Chapter 177 , Florida Statutes and Subdivisions and Platting , Chapter 913; and that said land is located in Indian River County, Florida . Dated Registration No . ; b . A statement that permanent reference monuments , "P . R. M . ," have been set in compliance with Chapter 177 , Florida Statutes , as amended ; and c. Each P . C . P . will be set under the direction and supervision of the surveyor within one year from the date the plat was recorded . When required improvements have been completed prior to the recording of a plat, the certification shall state that each P . C . P . has been set in compliance with the laws of the State of Florida and ordinances of Indian River County. . When plats are recorded and improvements are to be accomplished under surety posted as r' provided for by this ordinance , the required improvements and surety shall include each P . C . P . In this case the certification will state that P . C . P . will be set and the surveyor will file an affidavit of record when set in place . ( I . R. C . Code 913 .07(6)(F )(4)(a , b , c)) . 20 . Ties to government corners and to IRCHCN monuments shall conform to FGCC Third Order Class I standards and shall be so certified on the face of the plat under the certificate of surveyor. ( I . R. C . Code 913 .07 (6 )(d )(10)(c)) . 21 , Dedications, The purpose of all the reserved areas shown or referred on the plat and the improvements shall be defined in the dedication . All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the r owner of the land at the time the plat is recorded . Reference complete listing in (I. R. C. Code 913. 07(F) (1)) . C.\Documents and Settings\dave\Local Settings\Temporary Internet Files\0LK4FF\STANDARD Plat Comments County Surveyor.doJ rr I .R. C . FINAL PLAT STANDARD COMMENTS 22 . All dedications to the County shall be "un-encumbered" unless prior agreements are established . 23 . Concurrency statement shall be provided on all sheets as applicable . 910 . 07( 1 )(b)(3) 24 . Preparation and revision dates shall be provided on all sheets as applicable . +. 25 . Monuments shall be set at all lot corners , points of intersection , and changes of direction of lines within the subdivision which do not require a P . R. M . or a P .C . P ." (Florida Statute 177 .09 (9 )) ( I . R. C . Code 913 .07 (6)(D )(4) : In the event of posted surety or bond the monuments shall be set prior to expiration of the bond or at the time of transfer of said lots . Monuments shall be subject to inspections and approvals by the County prior to releases . On the plat a symbol shall be placed at lot corners , points of intersection , and changes of direction of lines . In the case of posted surety or bond , a note shall be placed on all sheets of the plat, similarly indicating that the lot corners shall be set by the preparing Surveyor or another Professional Surveyor. and Mapper contracted with the subdivider, within the time allotted by the surety or bond and/or at the time of transfer of the lots whichever occurs first. 26 . In the case of posted surety and that PCP 's are not set at time if recording and shall be set following improvements — the surveyor's certificate shall state that each PCP will be set and the surveyor will file an affidavit of record when set in place . ( I . R . C . Code 913 . 07 (6)(F)(4)(c)) . 27. The cost estimate (for survey services) should include not only establishment of all the sites P . R. M .'s , P . C . P . 'S at time of platting but take in consideration maintenance and re-establishment of said points at the time of Certificate of Completion as these points are included in the sites improvement requirements . (Reference below) 28. If the proposed improvements are not anticipated to be completed within "one year" of plat recording a bond/escrow is required for the setting of plats P . C . P . 's and Lot Corners . All P . C . P .'s and Lot Comers shall be set prior to one year following plat recording and/or prior the bond/escrow expiration . A copy of approved bond with appropriate amounts for the establishment of the plats P. C. P'S AND LOT CORNERS shall be supplied to the County Surveyor. ( Reference Florida Statues 177 .091 (8) and Indian River County Code 913 .07 ) Furthermore as part of the performance and maintenance requirements during and following site improvements . The platted monuments and P . C . P . 's are required to be in good condition (or re-set) for inspection at the time of the site "Certificate of Completion" by the County. (Reference Indian River County Code 913 . 07 , 913 . 10) 29 . An electronic (Auto CADD 14/2000) file (In State Plane) supplied on diskette or CD is required for the final stage of each plat (Mylar), prior to signatures by the County. 30 . Please advise County Surveyor in writing via fax or e-mail when corners (P . R. M . 's- P . C . P . 's) have been set and flagged for inspection prior to final plat approval . The County Surveyor will not inspect site or approve plat without proper notification 48 hrs in advance . • Said plats are required to conform to Florida Statutes Chapter 177 part 1 Platting (ss . 177 .011 - 177 . 151 ) and part III and Indian River County land development regulations Ch 913.07. Prior to r„ any reviews. If final Plat submittals do not conform to said standards the County Surveyor will not supply comments . If you should have any questions please do not hesitate to contact me . Michael O'Brien P .S . M . Indian River County Surveyor (772) 567-8000 Fact, 1386 (772 ) 778-9391 Fax mobrien (&.ircgov. com r r C:\Documents and Settings\dave\Local Settings\Temporary Internet Fi1es\0LK4FF\STANDARD Plat Comments - County SurveyondoA St . ons River ow Water Management District r IGrby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178.1429 • (386) 329=4500 On the Internet at www.sjrwmd.com. January 19 , 2005 Indian River Co Board of County Commissioners 1840 25th St Vero Beach, FL 32960 .. SUBJECT: Permit Number 40=061 -96830-1 Felismere Sidewalk Phase 2 Dear Sir/Madam . Enclosed is your general permit as authorized by the staff of the St. Johns River Water r Management District on January 19 , 2005. This permit is a legal document and should be kept with your other important documents. The attached MSSW/Stormwater As-Built Certification Form should be filled in and returned to the rr Palatka office within thirty days after the work is completed . By so doing, you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As-Built Certification Form , your permit also contains conditions which require submittal of additional information. All information submitted as compliance to permit conditions must be submitted to the Palatka office address. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction for this work. .. Please be advised that the District has not published a notice in the newspaper advising the public. that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties) of their rights to challenge the issuance of the •,,, general permit. If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish, at your own expense, such a notice in a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your use. rr In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by 40C= 1 .612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new property owner. r .. OOVERNINO BOARD ometrias D. Long, cwuw m David G. Graham, vis cNUR m R Clay Abright, sECREMW Duane ottensiroer, TREASURER APOPKA JWKSQNVLLE OCALA JACKSOLLE aw W. Michael Branch John G. Sowinski William Kerr Ann T. Moore NVISusan N. Hughes FERNANDNA BEACH ORLANDO maBOURNE SEACN MWELL Thank you for your cooperation , and If this office can be of any further assistance to you, please do not hesitate to contact us. rr Sincerely, Jo Ann Fuqua Service Center Data Mgt Supervisor Division of Permit Data Services . Enclosures: Permit with As-built Certification Form Notice of Rights List of Newspapers for Publication cc: District Permit File Agent: Indian River Co Board of County Commissioners 1840 25th St Vero Beach , FL 32960 r r.r w ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 321781429 .. PERMIT NO. 40-061 -96830- 1 DATE ISSUED: January 19 , 2005 PROJECT NAME: Feilsmere Sidewalk Phase 2 A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by best management practices for Fellsmere Sidewalk Phase 2, a 4. 80-acre project to be constructed as per plans received by the District on December 20 , 2004. LOCATION : Section (s): 70 Township(s) : 31S Range(s) : 37E Indian River County Indian River Co Board of County Commissioners •• 1840 25th St Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities, which may arise from , permit issuance. Said application , including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified therein, nor relieve the permittee from complying with any law, regulation or «. requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes: PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated January 19 , 2005 .. AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: ice Cbgter Director - Palm Bay) hn Juilianna " EXHIBIT An CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -96830=1 INDIAN RIVER CO BOARD OF COUNTY COMMISSIONERS DATED JANUARY 19, 2005 1 . All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. .r 2 . This permit or a copy thereof , complete with all conditions, attachments , exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3 . Activities approved by this permit shall be conducted in a manner, which do not cause violations of state water quality standards. 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and +• sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land .. Development Manual : A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988) , which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or -operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan , the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5 . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas .r as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C=4.900(3) indicating the actual start date and the expected completion date . 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status r, Report Form No. 40C=4.900(4) . These forms shall be submitted during June of each year. 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , . such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7. 1 . 1 through 7. 1 .4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be •► submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior .r to lot or unit sales within the project served by the system, or upon completion of ., construction of the system , whichever occurs first. For those systems, which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system ,r, i " s accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of 401 the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or .. other responsible entity. 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C- 1 . 181 (13) or 40C- 1 . 181 (14) supplied with this permit. When the completed system differs substantially from the s opermitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as "as-built" or " record" drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information , at a minimum , shall be verified on the as-built drawings: 1 . Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2 . Locations, dimensions, and elevations of all filter, exfiltration,- or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3 . Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when .�► appropriate; 4. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; 5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance r systems utilized to convey off-site runoff around the system, 6 . Existing water elevation(s) and the date determined; and Elevation and location of benchmark(s) for the survey. 11 . The operation phase of this permit shall not becomo effective until the permittee has complied with the requirements of general condition 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7. 1 . 1 through 7. 1 .4 of the Applicant's Handbook. Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved .. operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7. 1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal , state, local and special district authorizations prior to the start of any activity approved by this permit. This .r permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and chapter 40C=4 or chapter 40C-40, F.A.C. 14. The permittee shall hold and save the District harmless from any and all damages, claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 15. Any delineation of the extent of a wetland or other surface water submitted as part of the .r permit application, including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421 (2) , F.S. , provides otherwise. 16 . The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of section 40C-1 .612 , F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. +■ 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District. 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20 . This permit for construction will expire five years from the date of issuance. 21 . All wetland areas or water bodies that are outside the speck limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity, and dewatering. ,, r 22 . Prior to construction , the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit. .. 23. The project must be constructed in accordance with the plans received by the District on December 20, 2004. 24. The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted. If a required �- inspection reveals that the system is not functioning as designed and permitted, then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C- 42 .900(6) , Exceptions Report for Stormwater Management System Out of Compliance . The operation and maintenance entity must maintain a record of each required inspection , including the date of inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. aw Notice Of Rights rr 1 . A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District) , or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections120e569 and 120.57, Florida Statutes, and Rules 28- 106. 111 and 28- 106.401 - .405, Florida Administrative Code. Pursuant to Chapter 28- 106 and Rule 40G1 . 1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, P. O. Box 1429 , Palatka, Florida 32178- 1429 (4049 Reid St. , Palatka, FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice) . A petition must comply with Chapter 28-1069 Florida Administrative Code. 2. If the Governing Board takes action which substantially differs from the notice of District decision , a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above . Pursuant to District Rule 40CA . 1007, Florida Administrative Code , the petition must be filed at the office of the District Clerk at the address described above , within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice) . Such .rr a petition must comply with Rule Chapter 2&106 , Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Section 120.569 and 120.57(1 ) , Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal must comply with the requirements set forth in Rule 28-106.201 , Florida Administrative Code . 4 . A substantially interested person has the right to an informal hearing pursuant to Sections 120 .569 and 120.57(2) 9 Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must comply with the requirements set forth in Rule 28-106 .301 , Florida Administrative Code. 5 . A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka, Florida. 6. Failure to file a petition for an administrative hearing , within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28A 06 . 111 , Florida Administrative Code) . 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, and Chapter 28= 1069 Florida Administrative Code and Section 40C-1 . 1007 , Florida Administrative Code. .r err ■r Notice Of Rights r 8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of receipt of notice of the District's written decision regarding a permit application, apply for a special master proceeding under Section 70 .51 , Florida " Statutes, by filing a written request for relief at the office of the District Clerk located at District headquarters, P. O. Box 1429, Palatka, FL 3217&1429 (4049 Reid St. , Palatka , Florida 32177) . A request for relief must contain the information listed in Subsection .. 70.51 (6) , Florida Statutes. 9 . A timely filed request for relief under Section 70 .51 , Florida Statutes, tolls the time to r request an administrative hearing under paragraph no. 1 or 2 above (Paragraph 70,51 (1 0) (b) , Florida Statutes) . However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master proceeding (Subsection 70.51 ( 1 0) (b) , Florida Statutes) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70.51 (3) , Florida Statutes) . r 11 . Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of the rendering of the final District action, (Section 373.617, Florida Statutes) . 12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of wr the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is r inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373. 114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. r 14. For appeals to the District Court of Appeal, a District action is considered rendered after it is signed on behalf of the District, and is filed by the District Clerk. 15. Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph # 13, will result in waiver of that right to review. r MIND IMP Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S. Mail to. .r Indian River Co Board of County Commissioners 1840 25th St Vero Beach , FL 32960 At 4:00 p .m . this 19th day of January 2005. w oOr Division of Permi at Services Gloria Lewis, for St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329=4152 Permit Number: 40-061 -96830- 1 . r. r ■ a St . ohne .. .r.e.....�.` Nater Management District Krby B. Green III, Executive Director # David IN, Fisk, Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory r 525 Community College Parkway S . E. • Palm Bay, FL 32909 • (321 ) 9844940 January 13 , 2004 r Certified No . : 7004 1350 0000 6295 0514 •• Michelle A . Gentile , C . E . T . Indian River County 1840 251h Street .. Vero Beach , FL 32960 JAN 14 2005 RE : Indian River Drive Sidewalk South INDIAN RIVER COUNTY .. Permit Now 40- 061 -89085- 1 ENGINEERING DIVISION Compliance No . 061 -478014 �. Dear Ms . Gentile : On August 26 , 2004 , the District received your written request to modify perrnlut number 40-061 -89085- 1 , by proposing minor changes to the location of the swale and sidewalk . This request was updated with additional information by a submittal received by the District on December 13 , 2004 . Specifically, staff understands that the proposed modification consists of the following : The construction plans received on August 26 , 2004 , and again on December 13 , 20045 show minor changes to the system design including moving the location of the swale to the east side of the roadway , Based on the information provided , your request qualifies for a letter modification pursuant to Section 40C,,4 , 331 ( 1 ) (b) , Fla. Admin . Code , "" All of the terms and conditions of permit number 40-061 -89085 - 1 will remain in - effect , Please be advised the District has not published a notice , in the. npwsn.aper. to. advise the '� public that it is issuing this letter modification . If you do not publish notice in the newspaper, a party's right to challenge the issuance of this letter modification extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation within the area that includes the project to which the ow modification applies , A copy of the form of the notice is attached for your use .. Pursuant to Section 40C- 1 . 1007 , Florida Admin . Code , please forward to the District ars affidavit of publication from the newspaper within seven (7) days of publication , aw GOVERNING BOARD Duane Ottenstroer, CHAIRMAN Ometrias D, Long, vICE CHAi9mx4 R. Clay Albright, sEcnE-,A9v David G, Graham, T.9EASURER JACKSONVILLE APOPKA OCALA JACKSONVILLE "" W. Michael Branch John G. Sowinsla William Kerr Ann T, Moore Susan N, Hughes w wr Please feel free to contact me at (321 ) 9844940 if you have any questions . Sincerely , r 4o Juiliann , Service Center Director Depa f Water Resources cc : PDS (Letter dification ) Janice Unge Mark Cros r .r OW Rivn r „ Watermt Distict August 28 , 2003 Indian River County 1840 25th Street Vero Beach , FL 32960 SUBJECT : Permit Number 40-061 -89085- 1 Indian River Drive Sidewalk (South ) Dear Sir/Madam : Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on August 28 , 2003 . This permit is a legal document and should be kept with your other important documents . The attached MSSW/Stormwater As-Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed . By so doing , you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As- Built Certification Form , your permit also contains conditions which require submittal of additional information . All information submitted as compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining permits from any ,., federal , state and/or local agencies asserting concurrent jurisdiction for this work . Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties ) of their rights to challenge the issuance of the general permit. If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party's right to challenge the issuance of the general permit extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for your use . In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by 40C- 1 . 612 , F .A. C . Please assist us in this matter so as to maintain a valid permit for the new property owner. WHkbd8mrd MKJWWAP wffimbff Awl OLWdK Fewammum MUM §RJEWMWO1 Sam" AXVAOMV� Thank you for your cooperation , and . if this office can be of any further assistance to you , please do not hesitate to contact us . Sincerely, r Janet White Data Management Specialist II +�•� Division of Permit Data Services Enclosures : Permit with As-built Certification Form Notice of Rights List of Newspapers for Publication cc: District Permit File Agent: Indian River County Engineering Division County Engineer 1840 25th Street Gifford , FL 32960 .r rr M ■ 4W ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178-1429 PERMIT N0 . 40-061 -89085- 1 DATE ISSUED : August 28 , 2003 PROJECT NAME : Indian River Drive Sidewalk (South ) A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by swales for Indian River Drive Sidewalk (South ) , a 0 . 66-acre project to be constructed as per plans received by the District on July 14 , 2003 , LOCATION , Section (s ): 718 Township(s ) : 31S Range(s) : 38E Indian River County aw Indian River County 1840 25th : Street .. Vero Beach , FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims , or liabilities which may arise from permit issuance . Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified therein , nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee . This permit may be revoked , modified or transferred at any time pursuant to the appropriate •• provisions of Chapter 373 , Florida Statutes : PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated August 28 , 2003 AUTHORIZED BY : St. Johns River Water Management District Department of Resource Management By: (Service Center Director - Palm Bay) John Juilianna " EXHIBIT A ' CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -89085-1 INDIAN RIVER COUNTY DATED AUGUST 28 , 2003 1 . All activities shall be implemented as set forth in the plans , specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the .� conditions for undertaking that activity shall constitute a violation of this permit. 2 . This permit or a copy thereof, complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the .. activity authorized by this permit. 3 . Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards . 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards . All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management (Florida Department .. of Environmental Regulation 1988) , which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan , the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988) . The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 5 . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No . 40C-4 . 900 (3) indicating the actual start date and the expected completion date . .. 7 . When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 40C4 . 900 (4 ) . These forms shall be submitted during June of each year. 8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7 . 1 . 1 through 7 . 1 .4 of the Applicant's Handbook: Management and Storage of Surface Waters , must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved . Deed restrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system , whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out .� maintenance and operation of the permitted system . 9 . Each phase or independent portion of the permitted system must be completed in .. accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10 . Within 30 days after completion of construction of the permitted system , or independent portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as "" authorized by law, utilizing As Built Certification Form 40C- 1 . 181 ( 13) or 40C- 1 . 181 ( 14) supplied with this permit. When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of 4M as-built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection . The statement . of completion and certification shall be based on on-site observation of construction (conducted by the .r registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision ) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications . As- built drawings shall be the permitted drawings revised to reflect any changes made during construction . Both the original and any revised specifications must be clearly shown . The plans must be clearly labeled as "as-built" or "record" drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information , at a minimum , shall be verified on the as-built drawings : 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations , dimensions , and elevations of all filter, exfiltration , or underdrain systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; .r 3 . Dimensions , elevations , contours , or cross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4 . Dimensions , elevations , contours , final grades , or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross-sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s ) and the date determined ; and Elevation and location of benchmark(s) for the survey. W 11 . The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above, the District determines the system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 .4 of the Applicant's Handbook: Management and Storage of Surface Waters , accepts responsibility for operation and maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , if different from the permittee. Until the permit is transferred pursuant to section 7 . 1 of the Applicant's Handbook: Management and Storage of Surface Waters , the permittee shall be liable for compliance with the terms of the permit. 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required . rn 13 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and chapter 40C4 or chapter 40C40 , F .A. C . 14 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373 .421 (2) , F . S . , provides otherwise . 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are .r subject to the requirements of section 40C- 1 . 612 , F . A. C . The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale , conveyance or other transfer. .. 17 . Upon reasonable notice to the permittee , District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . 20 . This permit for construction will expire five years from the date of issuance . ■ 21 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and aw ` stabilization . 22 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity, and dewatering . 23 . Prior to construction , the permittee must clearly designate the limits of construction on-site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may be a violation of this permit. r. The Surface Water Management System must be constructed and operated as per plans dw received by the District on July 14 , 2003 . .. 24 . ■ r Notice Of Rights 1 . A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District) , or may choose to pursue mediation as an alternative remedy under Sections 120 . 569 and 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections120 . 569 and 120 . 57 , Florida Statutes , and Rules 28- 106 . 111 and 28- 106 .401 - .405 , Florida Administrative Code . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka , Florida 32178- 1429 (4049 Reid St. , Palatka , FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual r. notice) or within twenty-one (21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice) . A petition must comply with Chapter 28- 106 , Florida Administrative Code . 2 . If the Governing Board takes action which substantially differs from the notice of District decision , a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above . Pursuant to District Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed at the office of the District Clerk at the address described above , within twenty-six (26 ) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice) . Such a petition must comply with Rule Chapter 28- 106 , Florida Administrative Code . 3 . A substantially interested person has the right to a formal administrative hearing Pursuant to Section 120 . 569 and 120 . 57 ( 1 ) , Florida Statutes , where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal must comply with the requirements set forth in Rule 28- 106 . 201 , Florida Administrative Code , 4 . A substantially interested person has the right to an informal hearing pursuant to Sections 120 . 569 and 120 . 57 (2) , Florida Statutes , where no material facts are in dispute . ,. A petition for an informal hearing must comply with the requirements set forth in Rule 28- 106 . 301 , Florida Administrative Code . 5 . A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka , Florida . 6 . Failure to file a petition for an administrative hearing , within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28- 106 . 111 , Florida Administrative Code) , 7 . The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120 , Florida Statutes , and Chapter 28- 106 , Florida Administrative Code and Section 40CAa1007 , Florida Administrative Code . VW Notice Of Rights dw 8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the dw right to , within 30 days of receipt of notice of the District's written decision regarding a permit application , apply for a special master proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the office of the District Clerk located at ,. District headquarters , P . O . Box 1429 , Palatka , FL 32178- 1429 (4049 Reid St. , Palatka , Florida 32177 ) . A request for relief must contain the information listed in Subsection 70 . 51 (6 ) , Florida Statutes , 9 , A timely filed request for relief under Section 70 . 51 , Florida Statutes , tolls the time to request an administrative hearing under paragraph no . 1 or 2 above ( Paragraph M51 ( 10) ( b) , Florida Statutes) . However, the filing of a request for an administrative hearing under paragraph no . 1 or 2 above waives the right to a special master proceeding (Subsection 70 . 51 ( 10)(b) , Florida Statutes) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70 . 51 (3) , Florida Statutes ) , .. 11 , Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida ,., Rules of Civil Procedures , by filing an action in circuit court within 90 days of the rendering of the final District action , (Section 373 . 617 , Florida Statutes) . 12. Pursuant to Section 120. 68 , Florida Statutes , a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action . N 13 , A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 . 114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any • person named in the order within 20 days of adoption of a rule or the rendering of the District order. 14 . For appeals to the District Court of Appeal , a District action is considered rendered after it is signed on behalf of the District, and is filed by the District Clerk. 15 , Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs # 11 and # 12 , or for Commission review as described in paragraph # 13 , will result in waiver of that right to review, r r Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S . Mail to : Indian River County 1840 25th Street Vero Beach , FL 32960 At 4 : 00 p . m . this 28th day of August, 2003 . Division of Permit Data Services " Gloria Lewis , Director .r St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 (386 ) 3294152 Permit Number: 40-061 -89085- 1 w ■ r