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Home My WebLink About2004-030 OWGINAL 1 IVB 04 ` 0 ° A � 5 ' CONTRACT DOCUMENTS AND SPECIFICATIONS FOR r � HARMONY OAKS MITIGATION PROJECT PROJECT NO . 9219A = BID NO . 6045 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS ' INDIAN RIVER COUNTY , FLORIDA KENNETH R . MRCHT , CHAIRMAN COMMISSIONER CAROLINE D . GINN , VICE CHAIRMAN i COMMISSIONER FRAN B . ADAMS COMMISSIONER ARTHUR R . NEUBERGER ' COMMISSIONER THOMAS S . LOWTHER JAMES E . CHANDLER , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT WILLIAM G . COLLINS II , ESQ . , COUNTY ATTORNEY ' W . KEITH McCULLY , P . E . , ESQ . , STORMWATER ENGINEER DATE PREPARED : December 2003 00001 - Project Title Page 00001 - 1 F :\Public Works\KeithM\Slomiwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00001 - Project Title Page.doc Rev. 05/01 SECTION 00100 - ADVERTISEMENT FOR BIDS BOARD OF COUNTY COMMISSIONERS ' 1840 25TH Street, Vero Beach, Florida 32960 � �IVER ' Z y ' LORD Telephone : (772) 5674000 SUNCOM: 2244000 FAX (772) 778-9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , January ' 21 , 2004 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " HARMONY OAKS MITIGATION PROJECT. " All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened. INDIAN RIVER COUNTY PROJECT NO. 9219A INDIAN RIVER COUNTY BID NO. 6045 ' PROJECT DESCRIPTION. The selected CONTRACTOR shall mechanically clear, grub , and regrade approximately 4 . 98 acres for wetland restoration and selectively hand clear approximately 2 . 08 acres for wetland enhancement. The CONTRACTOR shall also replant the restoration and enhancement areas and maintain the plantings for a period of five years after acceptance by the County. All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be ' obtained from the Indian River County Division of Public Works , 1840 25th Street , Vero Beach , Florida 32960 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, ' in the amount of $ 100 for each set, which represents cost of printing, handling, and mailing and which is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the ' specifications . A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida , in the sum of not less than Five Percent ( 5%) of the total ' amount bid , made payable to Indian River County Board of County Commissioners . In the 00100 - Advertisement for Bids ' 00100 - 1 F:\Public Works\KeithMlSlormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00100 - Advertisement for Bids.doc Rev. 05/01 event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond . If he fails to do so , he shall forfeit the said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement. ' The County reserves the right to delay awarding of the Contract fora period of sixty 60 P v ( days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or ' in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre- Bid Conference will be held on Tuesday January 6 , 2004 at 3 : 00 PM , in the first floor conference room of the Indian River County Administration Building located at 1840 25th Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED . INDIAN RIVER COUNTY By: Fran Boynton Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date (s ) : December 17 , 2003 December 30 , 2003 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 2526 19th Avenue ' Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids 00100 - 2 F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00100 - Advertisement for Bids.doc Rev. 05/01 INDEX TO THE TECHNICAL SPECIFICATIONS HARMONY OAKS MITIGATION PROJECT TABLE OF CONTENTS HARMONY OAKS MITIGATION PROJECT Section No . Title DIVISION 0 - BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00310 Bid Form 00430 Bid Bond 00450 Sworn Statement under Section 287 . 133 , Florida Statutes on Public Entity Crimes 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00520 Agreement 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment for Part 1 of the Contract 00623 Contractor' s Application for Payment for Part 2 of the Contract — Five- Year Maintenance of Wetland Mitigation Area 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions Table of Contents Page 1 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00010 - Table of Contents.doc INDEX TO THE TECHNICAL SPECIFICATIONS HARMONY OAKS MITIGATION PROJECT DIVISION 1 - GENERAL REQUIREMENTS 01009 Special Provisions 01010 Summary of Work 01025 Measurement and Payment 01026 Schedule of Values 01040 Project Coordination 01050 Surveying and Field Engineering Services 01091 Reference Standards 01092 Abbreviations and Symbols 01210 Pre-Construction Conference 01330 Required Submittals 01410 Testing Laboratory Services 01520 Construction Facilities and Temporary Controls 01541 Protection of the Work and Property 01542 Operations in Highway Rights-of-Way 01543 Maintenance and Protection of Traffic 01550 Access Roads and. Parking Areas 01710 Site Cleanup and Restoration 01720 Record Drawings 01810 Project Closeout for Part 1 of the Contract DIVISION 2 - SITE WORK 02050 Site Preparation 02220 Excavation and Backfill 02225 Erosion Control and Treatment of Dewatering Water and Stormwater Runoff From the Construction Site 02230 Grading 02238 Wetland Mitigation Planting and Warranty for Part 1 of the Contract 02239 Five-Year Maintenance of the Wetland Mitigation Area for Part 2 of the Contract i DRAWINGS ■ Sheet No . General Description M - 1 Sketch of Property M -2 Proposed Clearing and Grading Plan M -3 Proposed Planting Plan Table of Contents Page 2 HARMONY OAKS F:\Public WorksWeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00010 - Table of Contents.doc INDEX TO THE TECHNICAL SPECIFICATIONS HARMONY OAKS MITIGATION PROJECT r APPENDICES APPENDIX A — PERMITS 1 . St . Johns River Water Management District Permit No . 4-061 -71269 - 1 APPENDIX B — CHAPTER 4, " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" OF THE FLORIDA EROSION AND SEDIMENT CONTROL INSPECTOR 'S MANUAL + + END OF TABLE OF CONTENTS + + i00010-3 HARMONY OAKS F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00010 - Table of Contents.doc 1 1 1 t 1 � BIDDING DOCUMENTS 1 1 1 1 1 SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings Indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: ' A. Bidder--The individual or entity who submits a Bid directly to OWNER. B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work , within five days of ' OWNER's request, Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of ' this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 00200 - Instructions to Bidders 00200 - 1 HARMONY OAKS F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet any of the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE ' 4 . 01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents , 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities , including OWNER, or others . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . 00200 - Instructions to Bidders 00200 - 2 HARMONY OAKS F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER ( Keith McCully, P . E . , (772) 567-8000 , ext. 1562) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 [This paragraph has been deleted intentionally] 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER ( KEITH MCCULLY, P . E ., (772) 567-8000 , EXT. 1562) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS , AND PERFORMANCE OF THE WORK, C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost, progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; rE . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , surface , subsurface , and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including any specific means , methods , techniques , sequences , and procedures of ' construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; 00200 - Instructions to Bidders 00200 - 3 HARMONY OAKS FAPublic Works\KelthM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and ' J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is ' premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and ' convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE-BID CONFERENCE 5 . 01 The date , time , and location for a Pre-Bid conference , if any, are specified in the ' Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS r6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by ' CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents , ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ' ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 00200 - Instructions to Bidders 00200 - 4 HARMONY OAKS F:\Public WorksWeithM\Slornnvater Projects\Hamrony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ' 7 . 02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . ' ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . ' 8 . 03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be completed and ready for final payment are set forth in the Agreement. ' ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS ' 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" 00200 - Instructions to Bidders 00200 - 5 HARMONY OAKS FAPublic Works\KeithM\Stornnvater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER , application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ' ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12. 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the ' Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12. 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . ' 12. 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID ' 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . ' 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not ' Applicable" entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . 00200 - Instructions to Bidders 00200 - 6 HARMONY OAKS F:\Public Works\KeithM\Stofmwater Projectswarmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 r ' 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . ' 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . ' 13 . 06 A Bid by an individual shall show the Bidder's name and official address . ' 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . ' 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . ' 13 . 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS ' 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and ' Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions , C . Discrepancies between the multiplication of units of Work and unit prices will be ' resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . r14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any, named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated 00200 - Instructions to Bidders 00200 - 7 HARMONY OAKS FAPublic Works\KeithM\Stomnvater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work , or other conditions pertaining thereto . tI ARTICLE 15 - SUBMITTAL OF BID ' 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Statement of Public Entity Crimes , B . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . ' C . Sworn Statement under the Florida Trench Safety Act. D . General Information Required of Bidders . E . List of Subcontractors . t15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn y a n by an appropriate document duly executed In the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . ' ARTICLE 17 - OPENING OF BIDS ' 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids and major alternates , if any, will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders 00200 - 8 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Projecl\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . 1 ARTICLE 19 - AWARD OF CONTRACT ' 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation , to be non-responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . The OWNER reserves the right to select, from among the various Bid alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be a cause for disqualification of that Bidder and ' the rejection of all Bids in which that Bidder has an interest. 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER's intent to accept alternates (if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions . 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents , 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER's requirements as to performance and payment Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by 00200 - Instructions to Bidders 00200 - 9 HARMONY OAKS F:\Public WorksWeithM\Storaiwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 r ' such Bonds , unless the Bonds have been waived due to the total contract being less than $50 , 000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR ' shall require the attorney-in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . ' ARTICLE 21 - SIGNING OF AGREEMENT r21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract r Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder, 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the 1 requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES 22 . 01 This Section intentionally left blank . ARTICLE 23 — RETAINAGE 23 . 01 This Section intentionally left blank . ARTICLE 24 - CONTRACTS TO BE ASSIGNED 1 24 . 01 This Section intentionally left blank . i 1 00200 - Instructions to Bidders 00200 - 10 HARMONY OAKS FAPublic Works\KeilhM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05101 ARTICLE 25 - PARTNERING 25 . 01 This Section intentionally left blank . * * END OF SECTION 00200 - Instructions to Bidders ' 00200 - 11 HARMONY OAKS FAPublic WorksWeithmstomrwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 SECTION 00310 — BID FORM Revised January 9 , 2004 Per Addendum No . 1A PROJECT IDENTIFICATION : 1 Project Name : HARMONY OAKS WETLAND MITIGATION PROJECT County Project Number 9219A Project Address : The project is located in Indian River County, south of Vero 1 Shores Subdivision and east of U . S . Highway No . 1 . Project Description : The Contractor shall mechanically clear, grub , and regrade approximately 4 . 98 acres for wetland restoration and selectively 1 hand clear approximately 2 . 08 acres for wetland enhancement. The Contractor shall also replant the restoration and enhancement areas and maintain the plantings for a period of five years after acceptance by the County. THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an ' Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with all other terms and conditions of the Bidding ^ Documents . 2 . 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number 01 / 09 / 2004 1A B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work. C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work . D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in Addendum # 1 - 00310 - Bid Form - January 7 , 2004 — REBID 00310 - 1 FAPublic WorkSWAithM\Stonnwaler Projects\Harmony Oaks Mitigation Project\Conslruction Contract\Btdding and Construction Contract Documents\Addendum #1 - 00310 - Bid Form - January 7, 2004.doc Rev. 05101 ' paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities ) at or contiguous ' to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto . ' F . Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents , G . Bidder is aware of the general nature of work to be performed by OWNER and others at 1 the Site that relates to the Work as indicated in the Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations ' obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . ' I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. ' J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4 .01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder ' has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] Addendum #1 - 00310 - Bid Form - January 7 , 2004 — REBID 00310 - 2 F.Tubtic WorksVCeiWAStornwrater Projects\Hannony Oaks Mitigation ProjecAConstruction ContrachBidding and Construction Contract Documents%Addendum #1 - 00310 . Bid Form - January 7 , 2004 .doc Rev. 05/01 HARMONY OAKS PROJECT TABULATIONBID • ' PART 1 OF • - . ® DESCRIPTION AMOUNT • ®® TOTAL 7F .y • { + GENEITEMS EE�� TAC ..[7:� I ✓ k ! a...L ..19 ..... rc . ..f.�.. �] • • il ization /Femobilization ®1 Project Rec • • Documents Performance Bond � Payment Bond Insurance Coverage---. • - X.�j.n General Liability Insurance Automobile Liability insura-nce UmIlExcess Liability Insurance 1 • - •' Lia • • • • • •• ®® WIM' Builders ' -Risk "All Risk" Insurance 1 t Y i .7 ++ lS.u.•.a..Wn.+Jmu � f x d ility Insurance hT ' + n t, i ✓ a yr T1 7 e 7 w m� ✓ z * EL rrm.....w.:.ue,�. i"�ats.;«�....c...n•::.. ...... .u..a.-a.i.,r..e..-.a., .T ...:{m ° t- �h � I .7 TPzri '�. iyw5 a � ti P a-ct"i 177, ® �• • • !`—�..�^"�°� .-..-......,e k .e.l.�..�: ru..��ae..J..ru' ru.ym: i.� •' G s J k .$M 1 i. •:i Erosion . • WaterPollution From Construction Site and the Contractor's S t � � ! 1 i Activities x:.:rrux Restoration Area • - • 1 • � : C • • � ' Grading Restoration Area Zones A , 13 , and C to preconstruction conditions Clear exotics from Enhancement Area • . 4; . _� r...�.. .e..... !1:.::: t 5...,L ® e • • .•._• •. a • - fp ,y a { [� 'Y ' Y" r r`777777777 ^..o{i lantin ® • • ..Q - �.�' J...r ! Live Oaks � 8 ' to 10 ' tall , 15 gallons 1 • • gallon , 1 ®� ® • • • • • ® i , � , • • • • - • 11 1 S • • 11 • S • 11 1 HARMONY OAKS WETLAND MITIGATION PROJECT BID TABULATION • ' DESCRIPTIONPART I ( continued ) TOTAL • ® PRICE AMOUNT MUM �y �; r„yt •; ". L_.,®?.:. ; px'..t+LL'i� u.'ia,.L__« " "T}t .— , Iw ? _ 1w2 -'� IMF ! Swamp Fern 1 Gallon � Chain Fern 1 Gallon NV ® • gone I arm gen. I • ® � • � / , ZonePlantings . • Gwwa.kd'r• ' ' {4^ .a,ti_Tu�N�� ; M �. .arAs.44�'<[,;Y�{w,�tgc ti�' ��y�r'`.-�� rc -t.'�a.`�•,��x:3.-<,. ..%<J �,o„�L"�.t"S!;'' ",^'3 +"- ' . • - • 1 • . • • � �� 1 i - • Bay • to 1 gallons • • • • • : • Laurel • . : • 1 • . • • • • • • • • Leather Fern — 1 Gallon 91674 Swamp Fern 1 Gallon RIM Chain Fern ,,, 1 Gallon 1 MISCELLANEOUS �(” *�ywh " Mw ate a- a �•:;',C N' w 5S +.-f R<= a4 daa 52�^ `"' hs*? ii17 ' t.ebd.�«.,c.e;a&x .E:.�..P� .'..�5 ,�. 4 j1 aLf.W �•`� 'f��`� .�" • / Construction Contingency ®�® 1 11 / ■ / 111 ti {<wE L HARMONY OAKS WETLAND MITIGATION PROJECT BID TABULATION - MITIGATIONPART 2 OF THE CONTRACT � FIVEwYEAR MAINTENANCE OF WETLAND AREA amm UNIT TOT' L U IT TOT SUPRICE AMOUNT illll l-, 1 f FIVE =YEAR MAINTENANCE OF WETLAND MITIGATION AREA FOLLOWING FINAL is il . , i Mai-n-tenance for Year 2 WISDOM � tip ACCEPTANCE BY OWNER Maintenance for Year 1 ®®®® Maintenance for —�®F • • • � • • • 1riv, I d, 111 – • - . �.® • • • • • • I MA MIN M - • - . ® • • • • • • t!� {yah {"P4 _w _. . .31 , :� .a e.x J.ia� < . .�.+.L ;s4 4 .. . ::M1 � ...� 4 ..r.} • • . �.,y ♦ r.,.. f ., t� . < • u. . '. .� • _! . I.:%ew Vx .. Lu.. l 1_ sa.h .` ..JL.,,.v Awd� e .h Ld-•.l<aM<FJ:[ I.�aFR1JN 1+ xL':ax'M1Y/M1f43iNiv fi TOTAL BID FOR PART 2 ( FIVE =YEAR MAINTENANCE OF WETLAND MITIGATION AREA) • • 10 , le / . f 1 • • r . I • I �... .. ilk F,Am kvi . . 1 1woos • - F • iI I I € r z t • , . — � - : t - t .4 . ' � i ,^ . gar& _ r � e t . .m_(_' i 1 - • - Fm • • - 04 , litstw7jelgimomell ism a- " L .r ri t :4 ar 1 ii t .y ..q 3 d IT41 � b � .� ,� t`� � sy. �• . a qU ( 5 y E • i • • i • • ' • ' • • • — • • • - • • • 11 1 accordance with paragraph 14 . 07 . 13 of the General Conditions (and Supplementary Conditions if applicable ) on or before the dates or within the number of calendar days indicated in the Agreement. ' 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7 . 01 The following documents are attached to and made a condition of this Bid : A. Required Bid security in the form of bid bond B . Section 00450 - Sworn Statement Under Section 287 . 133 , Florida Statutes , on Public Entity Crimes ; C . Section 00452 - Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Section 00454 - Sworn Statement Under the Florida Trench Safety Act; E . Section 00456 - General Information Required of Bidders ; F . Section 00458 - List of Subcontractors ; and G . ( List other documents as pertinent) . i ' 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions, 9 . 01 By signing this form , Bidder acknowledges that it has read and understood all information contained herein . SUBMITTED on 01 / 20 , 2004 . State Contractor License No , CGC 0 3 8 2 3 5 If Bidder is : An Individual : ' Name (typed or printed ) : By: (SEAL) (Individual 's signature) Doing business as : Business address : ' Phone No . : FAX No . : Addendum #1 - 00310 - Bid Form - January 7 , 2004 — REBID 00310 - 6 F-Tublic Work VWthPAStormwaler Projects%Harmony Oaks Mitigation ProjecAConstructlon ConlrachBidding and Construction Contract Documents%Addendum til - 00310 - Bid Fonn - January 7, 20D4 .doc Rev. 05/01 A Partnership : Partnership Name : (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed ) : Business address : Phone No . : FAX No . : A Corporation : Corporation Name : Oklawaha Farms , Inc . ( SEAL) State of Incorporation : F l D r i d a Type (General Business , Professional , Service , Limited Liability) : General Business By: Ajr�o� . (Signature — taac , ence of auto sign) Name (typedted ) : s t eve n L . R i s i Title : Vice President Attest 4 -, (CORPORATE SEAL) (Signa re o rate Secre } Business ad a 9200 S . Dadeland Blvd . ,, Suite 705 , Miami , FL 33156 Phone No . : 305 - 670 - 9660 FAX No . : 305 - 670 - 9659 Date of Qualification to do business is (p C3 2_0 (� [The remainder of this page was left blank intentionally] Addendum #1 - 00310 - Bid Form - January 7 , 2004 — REBID 00310 - 7 F:tPubtic Works\KeithW Slonrevater Projects\Harrnony Oaks Mitigation ProjechConstruction ContractUNdding and Constriction Contract Docu nents4Wddendum pt - 00310 - Bid Foran • January 7, 2004 .doc Rev. 05/01 A Joint Venture : Joint Venture Name : (SEAL) ' By: (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed ) : Title : ' Business address : Phone No . : FAX No . : ' Joint Venture Name : (SEAL) By: (Signature — attach evidence of authority to sign) Name (typed or printed ) . Title : Business address : Phone No . : FAX No . : Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) * * END OF SECTION Addendum #1 - 00310 - Bid Form - January 7 , 2004 — REBID 00310 - 8 F:Wublic WorksWelthMlSlommater Projects\Hamrany Oaks Mitigation ProjectZonstrudlon ContrachOdding and Construction Contract Doclxnents%Addendum 01 - 00310 - Bid Form - January 7. 2004 .doc Rev. 05/01 SECTION 00430 an BID BOND KNOW ALL. MEN BY THESE PRESENTS , that we (elOcsR*s NAM ) OKLAWAHA FARMS , INC . asPrincipal , and FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SURETY'$ NAME) MARYLAND a corporation duly organized under the Laws of the State of fa udx as a Surety with its principal offices in the City of BALTIMORE and authorized to do business in the State of Florida , are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of FIVE PERCENT OF' THE AMOUNT BID Dollars 35 %.................... ) , lawful money of the United States , amounting to 5% of the total bid price , for the payment of which sum well and truly be made , we bind ourselves , our heirs , executors , administrators , and successors , joint:y and severally, firmly by these presents . Whereas said Principal is herewith submitting a Bid dated JANUARY 21 , 12004 , for the construction of: Project Name : HARMONY OAKS MITIGATION PROJECT County Project Number 9219A Project Address : The project is located in Indian River County, south of Vero Shores Subdivision , east of U . S . Highway No . 1 . Project Description : The selected CONTRACTOR shall mechanically clear, grub , and regrade approximately 4 . 98 acres for wetland restoration and selectively hand clear approximately 2. 08 acres for wetland enhancement. The CONTRACTOR shall alcso replant the restoration and enhancement areas and maintain the plantings for a period of five years after acceptance by the County. NOW THEREFORE , the condition of the above obligation is such that if the Principal does not ' withdraw said Bid within the period of time set forth in the Bid Documents , and on or before the fifteenth day after the Notice of Award , the Principal enters into a written contract with the OWNER in accordance with the Bid as accepted , and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materiaimen (e . g . suppliers ) , then this obligation shall be null and void . Otherwise , the Principal and Surety, jointly and sev:rally, shall on or before the sixtieth day after request by the OWNER , pay to the OWNER ire money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees , Including appellate proceedings , incurred by the OWNER if suit is brought hereon , but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees . IN WITNESS WHEREOF , the above-bound parties have executed this instrument under their 5/04/01 BID BOND 0430- 1 F;\Public Works\KelthMlStormwater ProjactsWarmony Oaks Mitigation Projedlconstruction ContracUlIddino and Construction Contract Documents100430- Bid Bond.doc several seals this 21 day of JANUARY , 2004 , the name and corporate seal ' of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. ' *Rrtw##w#**ttRww#w#Rw###yr*#wt**w*w#tf'w1tM►Y'*+tfitMw/l#wwww#w*1h#*w* t* tory,*},j#####ikw##w*# .Fttw-r *wR�.lyfWnHtIrR#rtwNRwww# WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed , and defivered in the presence of, Witness Signature of Individual r Address Printed Name of Indiiiidual Witness Address # Rwwww*w**tt#w#w#w#w#ww#wwww#www# ww#ww#,k####*ww**,�. �:tyrR##*w#w#w####**#a�.t +Mrtwtw+wtwwR*www+. .rRw+v«ww#wwR###w#w WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERAI"ES UNDER A TRADE NAME: Signed , sealed and delivered in the presence of Witness Name of Entity BY: Address Principal Printed Name of Principal ' Witness ( SEAL) Address [The remainder of this page was left blank intentionally] 5/04101 BID BOND 0430-2 F.Tublic WorksWelthmslormweter ProjectslHarmonyOaks Mitigation ProjeenConstructon Contracitf3idding and Construction Contract Documents\00430• Bid Bond.doc r r . ****k#wRR***t##twRRRw*tt*w*#f*####wt#rtRR*tw*tt***#*kR*#*w* ****#+kwt*wt*k#####frlttRl'*wtR *t** YdNM**t** r##wrtrtRtwrt# WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of 1 I W tness Name of Partnership ' Address BY: Partner ' Printed Name of Partner Witness (SEAL) Address ##**R*rtrtrt*tt###xxwrttwwt*w:***##t Not WHEN WHEN THE PRINCIPAL IS A CORPORATION : Attest: ' OKLAWAHA FARMS , INC . etary Name of Corporation BY ( 77 (Afix Corporate SEAL ) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I '3tetK- v 5 , certify that i am the Secretary of the: oorporapaon named as Principal in the within bond ; that who signed the said bond on behalf of the Principal was then L2 g. orf said .corporation: that I know his signature , and his signature theret to s genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. It Secr ry (SEAT:) 5/04/01 BID BOND 0430-3 F:\Pubtic WorksWoRhmstormwater Projoew iarmonycoks m1wation Projecticonstruction ContraetOdding and construction Contract Documents\00430- Bid Bond,doo TO BE EXECUTED BY CORPORATE SURETY: Attest: J FIDELITY AND DEPOSIT COMPANY OF MARYLAND ry Corporate Surety 9130 S . DADELAND BLVD , SUITE 1700, MIAMI , FL 33156 Business Address BY; _ (Aft Corporate SEAL ) D . W . MATSON III Attorney-In- Fact & FLA. RES , AGENT MATSON -CHARLTON SURETY GROUP Name of Local Agency 770 SOUTH DIXIE HWY. SUITE # 101 , CORAL GABLES , FL 33146 Business Address ' STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared D . W . MATSON III ,. , tome well known, who being by me first duly, sworn upon oath , says that he is the attorney-in-fact for theFIDELIN AND DEPOSIT COMPANY O�ND and that he has been authorized by ITS PRESIDENT to execute the foregoing bond on behalf of the CONTRACTOR named therein In favor of the County of Indian River, FI • da . Subsc ed and sworn to before me this 21St day of JANUARY , 2004 Nota ublir:, ' ON # C04M EXPIRES ._= June 19, 2004 ' JUNE 19 , 2004 r BONDEDTIiRUTR0YfA1NIN9URANCR �NC My Commission Expires : � rrnFIrk+r+nte ft wk1hR! *f+Fe.+r+rw 1r•w+nr*rrrrw,r**�**+ •,►,►.*Rxxww*,r*vrtta*u+r*rrrr*�w,�,r�,r,raew�r*,rr,err� ,rrt*,t t ,�w�t,.,rw�w*w+ rr,rrvrww,r Any claims under this gond shall be addressed to : Name and address of Surety. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9130 S . DADELAND BLVD , # 1700 , MIAMI , FL 33156 5/04/01 BID BOND 0430-4 F:tPublic WoftWoithM\Stormveter ProjectstHarmonyOaks Mitigation Project\Construction Contmehi ldding and Construction Contract Documents100430- Bid Bond.doc Name and address of agent ' or representative in Florida if different from above: MATSON -CHARLTON SURETY GROUP 770 SOUTH DIXIE HWY. SUITE # 101 CORAL GABLES , FL 33146 Telephone number of Surety and ' agent or representative in Florida : 305662 - 3852 " * END OF SECTION i . 1 r r 5/04/01 BID BOND 00430-5 FAPublic WorksWelthM\Storrnnater Projects\HarmonyOaks Mitigation ProjeeflConstruction Contraet0idding and Construction Contract Documenls\00430- Bid Bond .doc r Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND rHOME OFFICE. BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS : That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , a corporation of the State of Maryland , by C . M . PECOT, JR. , Vice-President , and C . W . ROBBINS , Assistant Secretary , in pursuance of authority granted by Article VI , Section 2 , of the By-Laws of said Company , which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate , constitute and appoint D . W . Matson , III and John W . Charlton , both of Miami , Florida , EACH . . . . . . so Saab s . 000 . 6 . . 6091 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r its true ancl lawfulagent and Attorney-in-Fact, to make, execute, . deliver, on its behalf as surety : and as its act and deed : any and all bonds and undertakings . . . . . 0 n e execution of such bonds or undertakings in pur of these k s, shall be as binding upon said Company , as fully and amply , to all intents and purposes, as if they had been o ecuted an owledged by the regularly elected officers of the Company at its office in Baltimore, Md. , in their own proper s . Thi er of attorney revokes that issued on behalf of D . W . Matson , III , dao ay 17 3 . The said Assistant Secretary does hereby certi the exrth on the reverse side hereof is a true copy of Article VI, Section 2 , of the By-Laws of said Company , and is force . IN WITNESS WHEREOF, the said Vice- ent and I t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY A) EPOSIT C OF MARYLAND , this _16th _-_.day of November , A. D . 19 _,� t FIDE 1' AND SIT COMPANY OF MARYLAND Sa ATTEST: I SEf1L �0.ew.pe s B Assisretary y Vice-Pr idem STATE OF MARYLAND COUNTY OF BALTIMORE r / On this 16th day of November A . D . 19 9U , before the subscriber, a Notary Public of the State of Maryland , duly commissioned and qualified, came C . M . PECOT , JR . , Vice-President and C . W . ROBBINS , Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , to me personally known to be the individuals and officers described in and who executed the preceding instrument , and they each acknowledged the execution of the same , and being by me duly sworn, severally and each for himself deposeth and saith , that they are the said officers of the Company aforesaid , and that the seal affixed to the preceding instrument is the Corporate .Seal of said Company , and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said r instrument by the authority and direction of the said Corporation . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written . - C3" 9 PUBLIC ' CAROL J . FADER[ G� / Notary Public My Commission Expires___—_.__ August 1.... CERTIFICATE I , the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , do hereby certify that the original Power of Attorney of which the foregoing is a full , true and correct copy , is in full force and effect on the date of this certificate ; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially ' authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI , Section 2 , of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND . This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July , 1969. ' RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company , whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company , shall be valid and binding upon the Company with the same force and effect as though manually affixed. " W TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seal of the said Company , this 21� day o 2 Q.04 Assistant Secretary Llazsc - 031- 2074 r r ZURICH r THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002 . No action is required on your part . Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism ( as defined in the Act) under this bond is $waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002 ; we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms , amounts , and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company ' s Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible . For 2002 , the insurance company deductible is I % of direct earned premium in the prior year; for 2003 , 7 % of direct earned premium in the prior year; for 2004 , 10% of direct earned premium in the prior year; and for 2005 , 15 % of direct earned premium in the prior year. The federal share of an insurance company ' s losses above its deductible is 90% . In the event the United States government participates in losses , the United States government may direct insurance companies to collect a terrorism surcharge from policyholders . The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $ 100 billion in any one calendar year. Definition of Act of Terrorism ' The Terrorism Risk Insurance Act defines " act of terrorism " as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States : 1 . to be an act of terrorism; I to be a violent act or an act that is dangerous to human life, property or infrastructure ; 3 . to have resulted in damage within the United States , or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States , on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States) , or the premises of a United States mission; and 4 . to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers ' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $ 5 , 000 , 000. rThese disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 4050749 . doc r SECTION 00450 — PUBLIC ENTITY CRIMES AFFIDAVIT SWORN STATEMENT UNDER SECTION 287 . 133 , FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES Jr THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS , I . This sworn statement is submitted with Project No . 9219A for HARMONY OAKS MITIGATION PROJECT. 2 . This sworn statement is submitted by 0 }c1awaha Farms , Inc . whose business address is 9200 s Dadeland Blv Miami, and (if applicable ) its Federal Identification No . (FEIN ) is 59 - 2835377 . If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement: N / A 3 . My name is Steven L . R i s i and my relationship to the entity named above is ' Vice President 4 . I understand that a "public entity crime" as defined in Paragraph 287 . 133 (1 ) (g ) , Florida Statutes , means a violation of any state or federal law by a person with respect to , and directly related to , the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud , theft, bribery, collusion , racketeering , conspiracy or material misrepresentations . 5 . 1 understand that "convicted " or "conviction" as defined in Paragraph 2.87 . 133 (I ) (b ) , Florida Statutes , means a finding of guilt or a conviction of a public entity crime , with or without an adjudication of guilt , in any federal or state trial court of record relating to charges brought by indictment or information after July I , 1989 , as a result of a jury verdict , non jury trial , or entry of a plea of guilty or nolo contendere . 6 . 1 understand that an "affiliate" as defined in Paragraph 287 . 133 (1) (a ) , Florida Statutes , means : a Ar p edecessor or successor of a person convicted of a public entity crime ; or b . An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term "affiliate" includes those officers , directors , executives , partners , shareholders , employees , members and agents who are active in the management of an affiliate . The Ownership by one person of shares constituting a controlling interest in another person , or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie Case that one person controls another person . A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . 7 . 1 understand that a " person" as defined in Paragraph 287 . 133 ( I) (e ) , Florida Statutes , means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term " person" includes those officers , directors , executives , partners , shareholders , employees , members and agents who are active in management of an entity. ' 00450 - Public Entity Crimes Affidavit 00450 - 1 HARMONY OAKS F.'\Public WorksUCellhMlStomHvater Projects\Harmony Oaks Mitigation Project\Construction Contracraidding and Construction Contract Documenls\00450 - Public Entity Crimes Afdavit.doc Rev. 05101 8 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which .statement applies ) _Neither the entity submitting this sworn statement, nor anrofficers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I , 1989 . The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity, or an affiliate of the entity has been charged with , and convicted of, a public entity crime subsequent to July I , 1989 , and ( Please indicate which additional statement applies ) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida , Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. ( Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida , Division of 1 Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. ( Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. ( Please describe any action taken by, or pending with , the Department of General Services ) Signature : ` ^ Date : STATE F F1 i d a COUN Miami Dade Personally appeared before me , the undersigned authority, Steven L . R i s i , who after first being sworn by me , affixed his/her signature in the space provided above on this 20th day of January , 20 04 NotPL blic , State at large ; M Commission Expires : 4' e 07 `ci%% iYii ,rJacqueline Cundms * * END OF SECTION ` + Commission ODD218904 F Expires: Jun 08 , 2007' Bonded Thm t , tlp IapM!1t eb:j Inc. 00450 - Public Entity Crimes Affidavit 00450 - 2 HARMONY OAKS F:1Public Works\KeilhW Stornwmter Projectski-lamiony Oaks Mitigation ProjecAConstruclion ContractXBidding and Construction Contract DoarmenlsWU50 • Public Entity Crimes AtTdavil.doc Rev. 05101 SECTION 00452 — SWORN STATEMENT UNDER SECTION 105 . 08 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF 'A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . This sworn statement is submitted with Bid , Proposal or Contract No . 9219A for HARMONY OAKS MITIGATION PROJECT. 1 . This sworn statement is submitted by: Oklawaha Farms , Inc . (Name of entity submitting sworn statement) whose business address is : 9200 S Dade. land Blvd # 705 , Miami , FL 33156 and (if applicable) its Federal Employer Identification Number ( FEIN ) is 59 - 2835377 ( if the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement N / A 2 . My name is Steven L . Risi (Please print name of individual signing) and my relationship to the entity named above is vice President 3 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies .] _X Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents who are active ' in management of the entity have the following relationships with a County Commissioner or County employee : 00452 - Disclosure of Relationships 00452 - 1 HARMONY OAKS FAPublic Works"thW Stommater ProiectMannony Oaks Mitigation ProlecAConstruction ContrachBidding and Construction Contract Documents100452 • Disdosure of Relationships.doc Rev. 05/01 Name of Affiliate Name of County .Relationship or Entity Commissioner or employee "" 2 . 3 . 4 . ' 5 . 6 . 7 8 . (si ) (date) ' STATE OF Florida COUNTY OF Miami Dade Personally appeared before me , the undersigned authority, Steven L . Risi who after first being sworn by me , affixed his/her signature in the space provided above on this 20th day of January 20 04 , Var& ubllc, State at large Commission Expires : * * END OF SECTION Jacqueline Cundins ',P`•'�YP`' Commission #DD218904 Expire idea Ibm 2007 fi1 N t AMmitie Sending Co., Inc. r 00452 - Disclosure of Relationships 00452 - 2 HARMONY OAKS RAPublic WorksWeithmstorn mater Projects\Harmony Oaks Uligation Pro*MConstruction ContrachBidding and Construction Contract Documents\00452 - Disclosure of Relationships.doc Rev. 05/01 t SECTION 00454 — SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK (" BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 , This Sworn Statement is submitted with Project No . 9219A for HARMONY OAKS MITIGATION PROJECT. 2 . This Sworn Statement is submitted by Oklawaha Farms , Inc . (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER" . The BIDDER's address is _ 9200 S Dadeland Blvd # 705 . Miami , FL 33156 BIDDER's Federal Employer Identification Number ( FEIN ) is 59 - 2835377 3 . My name is Steven L . xi s i and my relationship to the BIDDER (Print Name of Individual Signing) is Vice President (Position or Title) certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4 , The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553 . 60 et. seg . Florida Statutes and refer to the applicable Florida Statue (s) and/or OSHA Regulation (s ) and include the "effective date" in the citation (s ) . Reference to and compliance with the applicable Florida Statute (s ) and OSHA Regulation (s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER' s compliance with the Trench Safety Standards . 5 , The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . 6 . The BIDDER has allocated and included in its bid the total amount of $ C based on the linear feet of trench to be excavated over five (5) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method (s ) of com fiance on this Project: COm� ltavir � u;. -h�, `TrPr, rh �� rour,. m /I (� nraa_ I The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER 's compliance with the Trench Safety Standards . _ � 0 7 ) The BIDDER has allocated and included in its bid the total amount of $ ' based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project: U h P to ,41 00454 - Florida Trench Safety Act 00454 - 1 HARMONY OAKS F:tPublic WorksUCelthMlSlommater ProjectsXHannony Oaks Mitigation Project\Construction Contract%Bidding and Construction Contract Documents100454 • Florida Trench Safely Act doc Rev. 05/01 -� r� ► �� s � hl P >��Y A tul w I • .r' The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 8) The BIDDER, in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety . Standards in designing the trench safety system (s ) for the Project. BIDDER: _ Oklawaha Farms , Inc . ;s y: sltlOn or Ti Vice President Date : - L t? O STATE OF Florida COUNTY OF Miami Dade Personally appeared before me , the undersigned authority, Steven L . R i s i who after first being swom by me , affixed his/her signature in the space provided above on this 20th day of January , 20 04 , lwcc ■ N t ry Public, State at large Commission Expires : Jacqueline Cund ' * * END OF SECTION :SVI ` c� Commission #DD218904 • ' :� Expires: Jun 08 , 2007 yii • . ;,� Bonded Ulm ., orr� • Atlantic Bonding Co., Inc. 1 t r 00454 - Florida Trench Safety Act ' 00454 - 2 HARMONY OAKS F:1Public WorksWelthlAStornmater ProjectsWannony Oaks Mitigation Project\Constniction ContractOdding and Constriction Contract Docu nentsM54 - Florida Trench Safety Actdoc Rev. 05/01 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW RESPONSIBLE BIDDERS . UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . 1 Documentation Submitted with Project Nov, 9219A Project Name : HARMONY OAKS MITIGATION PROJECT 1 . Bidder' s Name / Address : Oklawaha Farms , Inc . , 9200 S Dadeland Blvd # 705 ,. " Miami , FL 33156 2 . Bidder' s Telephone & FAX Numbers : Telephone 305 - 670 - 9660 ; FAX 305 - 670 - 9659 3 . Licensing and Corporate Status ( NOTE : The bidder must be a licensed contractor) : a . Is Contractor License current? yes b . Bidder's Contractor License No : CG C 0 3 8 2 3 5 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 17 5 . What is the last project OF THIS NATURE that the firm has completed ? Wolf Branch Creek Habitat Restoration . The largest habitat restoration project within the Tampa Bay Watershed . 6 . Has the firm ever failed to complete work awarded to you? no [ If your answer is "yes , then attach a separate page to this questionnaire that explains t the circumstances and list the project name , Owner, and the Owner' s telephone number for each project in which the firm failed to complete the work .] 1 7 . Has the firm ever been assessed liquidated damages? no [ If your answer is "yes , then attach a separate page to this questionnaire that explains N the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed .] ' 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? no [ if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which OSHA violations were alleged .] REVISED - 00456 - Qualifications Questionnaire — revised November 24, 2003 00456 - 1 HARMONY OAKS FO.Wublic WorksWelthMlSlornmter Projects\Harmony Oaks Mitigation Project%Construclion Contra"Idding and Construction Contract DocumenlslREVISED - 00456 - C Qualifications Queslionnalre.doc Rev. 05101 L 9 . Has the firm ever been charged with noncompliance of any public policy or rules? no I [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project.] 10 . Attach to this questionnaire , a notarized financial statement and other information that documents the firm 's financial strength and history . ' 11 . Has the firm ever defaulted on any of its projects ? no [ If your answer is °yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which a default occurred .] 12 . Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule . 13 . Name of person who inspected the site of the proposed work for the firm : Name : Howard westerdahi Date of Inspections : 01 - 06 - 2004 14 . Name of on-site Project Foreman : Howard westerdahl ' Number of years of experience with similar projects as a Project Foreman : 20 15 . Name of Project Manager: Howard westerdahl Number of years of experience with similar projects as a Project Manager: 20 16 . What is the firm 's bonding capacity? $ 20 , 000 , 000 . 00 L 17 . What percentage of the total project will be performed by the firm 's personnel ? 10 % 18 . Attach a separate page to this questionnaire that lists the firm 's construction equipment that will be used on this project. Also , list the construction equipment that the firm will rent for this project. [The remainder of this page was left blank intentionally] REVISED - 00456 - Qualifications Questionnaire — revised November 24, 2003 00456 - 2 HARMONY OAKS F.-Tublic WorksVelth"torr ater ProjectsViannDny Oaks Mitigation ProjectlConstruction ContractOdding and Construction Contract Documents%REVISED - 00456 - Qualincalions Questionnalre.doc Rev. 05/01 16 . Complete the following table for SIMILAR projects : See Attached Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount 00456 - Qualifications Questionnaire 00456 -3 HARMONY OAKS F:\Pubtic WorksWeilhIASlorrrnvater ProjectsWannony Oaks Mitigation Project\Conslnnilon ConlractTidding and Constriction Contract Documents\00456 - Qualifications Questlonnaire.doc Rev. 05/01 [NOTE : If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By: ' Vi e President (Signature ) ( Posi ' n or Title) * * END OF SECTION * * (Date) 00456 -4 00456 - Qualifications Questionnaire F:1Publlc Works%KelthMlStomrNater ProjectsViamnny Oaks Mitigation ProjectlConstruetlon ContractlBidding and ConslrucDon Contract Docume HARMONY OQualifiplions Questionnaire.doc Rev. 05!01 STATE OF FLORIDA SECTION 00456 , Item 3b DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' .r• CONSTNRUCTION ORTH MO OESSTREETCENSING BOARD ( 850 ) 487 - 1395 TALLAHASSSEE FL 32399 - 0783 SMITH , DALE RALPH OKLAWAHA FARMS INC 9200 S DADELAND BLVD STE 705 MIAMI FL 33156 } STATE OF FLORIDA AC# 04451 DEPARTMENT ,DF. BUSINESS AND PROFESSIONAL: REGULATION . CGC038235 , 06 / 03 / 02 . 7544719 CERTIFIED GENERAL .CONTRACTOR ' SMITH , DALE .RALPH OKLAWAHA FARMS INC o:. .:r i . IS CERTIFIED under the provisions of Ch 489 Expiration date : AUG 31 , 2004 . -. szQ # L020603 DETACH HERE AC# .0. 4 45 15 1 - STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L0206, 021754471959 Mr, 01 F1 7 15 ; 3C lf@jWVI1jjjI :J :4 :4j LICENSE HE 1 . The . GENERAL CONTRACTOR . i Named below IS CERTIFIED Under the provisions of ChapterT 4M FS . . ' Expiration date : AUG 31 , 2004 2L L SMITH DALE RALPH -. OKLAWAHA FARMS INC t , 9200 S DADELAND BLVD STE 705 MIAMI . FL 33156 _ � • rt c .: i y ' • a M tom # JEB BUSH ' 1 RIM BINKLEY ' SEYE nnest+�*tno nIcDI ev AQ DDni 110 = 17) RV I WA/ SECRETARY � ht4'. SECTION 00456 , Item 3c ' 2004 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# M57813 Secretary of State Entity Name : OKLAWAHA FARMS, INC . Current Principal Place of Business : New Principal Place of Business : 9200 S. DADELAND BLVD SUITE 705 MIAMI , FL 33156 Current Mailing Address : New Mailing Address : 9200 DADELAND BLVD SUITE 705 MIAMI , FL 33156 FEI Number: 59-2835377 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired (X) ' Name and Address of Current Registered Agent : Name and Address of New Registered Agent: RISI , LOUIS J . JR 9200 S. DADELAND BLVD . SUITE 705 MIAMI , FL 33156 The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS : ADDITIONSICHANGES TO OFFICERS AND DIRECTORS . ' Title: DP ( ) Delete Title : ( ) Change ( ) Addition Name : RISI , LOUIS J . JR, Name Address: 9200 S . DADELAND BLVD. , SUITE 705 Address : City-St-Zip: MIAMI , FL 33156 City-St-Zip : ' Title: DVTS ( ) Delete Title : ( ) Change ( ) Addition Name: RISI , STEVEN L. , Name: Address: 9200 S . DADELAND BLVD . SUITE 705 Address : City-St-TIP : MIAMI , FL 33156 City-St-Zip: Title : DV ( ) Delete Title: ( ) Change ( ) Addition Name: RISI , JOHN A DV Name: Address : 9200 S.DADELAND BLVD. #705 Address : City-St-Zip: MIAMI , FL 33156 US City-St-Zip : ' I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Section 119. 07 (3) ( i ) , Florida Statutes. I further certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath ; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address , with all other like empowered . SIGNATURE: STEVEN L. RISI D 01 /07/2004 Electronic Signature of Signing Officer or Director Date SECTION 00456 , Iger 10 P N. Rice, C . .A . , P.A . Douglas N. 305-461 -9900 Certified Public Acawnta'zts Fax : 305 -461 -2520 dnrcpar';bellsouth . ne 4225 Ponce de Leon To the Stockholders of Coral Gables, Florida OklawahaFarms, Inc. 33146- 1826 Miami, Florida We have reviewed the accompanying balance sheet of Oklawaha Farms, Inc. (a corporation) as of December 31 , 2002, and the related statements of income, changes in shareholders ' equity and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants . All information included in these financial statements is the representation of the management of Oklawaha Farms, Inc. A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles . Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be ' in conformity with generally accepted accounting principles . The information included in the accompanying Schedules I and II is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements . And we are not aware of any material modifications that should be made thereto . Douglas N. Rice Certified Public Accountant May 20, 2003 Mcmber: American Institute of Certified Public Accountants Florida Institute of Florida Certified Public Accountants OLKAWAHA FARMS, INC. BALANCE SHEET DECEMBER 31, 2002 ASSETS CURRENT ASSETS : . Cash $ 1 , 898 , 203 Accounts receivable 181 , 151 Interest receivable 76, 875 Marketable securities (Note 3 ) 3 466 693 Costs and estimated earnings in excess of billings on uncompleted contracts (Note 4) 202402 Prepaid expenses 264809 Total current assets 5, 670, 133 4 PROPERTY AND EQUIPMENT (Note 5 ) 10, 679, 562 NOTES RECEIVABLE (Note 6) 675 . 000 17. 024 . 695 z ;- �1 - �` r � : LIABILITIES AND SHAREHOLDERS ' EQUITY Y•fy ,y. _. , `, CURRENT LIABILITIES : Accounts payable $ 402481 J 4 Np Y ed interest payable 90 000 '� z gages payable — short-term (Note 8 ) 102280 zM , , Notes payable - equipment (Note 9) 222 968 areholder notes payable (Note 10) 2 , 500 , 000 mss, > 1 Total current liabilities 2, 955, 729 , ,f ; aQNCi-TERM LIABILITIES : sMortgages payable — long term (Note 8) 6, 633 , 646 n 1?lo es payable - equipment (Note 9) 1364720 Total long term liabilities 6. 770, 366 K r M . SHAREHOLDERS ' EQUITY: Common stock, $ 1 par value, 6, 000 shares authorized, 3 , 333 issued and outstanding 3 , 333 Additional paid-in capital 2 , 800, 587 Unrealized gain on marketable securities 2, 821 , 580 Retained earnings 1 , 673 , 100 � . Total shareholders' equity 7429800 r $ 17 . 024 . 695 "f See Accountants' Review Report and accompanying notes to Financial Statements t 4 OLKAWAHA FARMS, INC. STATEMENT OF INCOME AND RETAIUR EARNINGS FOR THE. YEAR ENDED DECEMBER 31 , 2002 NET SALES $2, 085 ,235 COST OF SALES 1 , 596, 027 Gross Profit 489 . 208 OPERATING EXPENSES (Note 11 ) ( 120392263 ) OTHER INCOME (Note 12) 121532989 .; OTHER EXPENSES AND LOSSES (Note 13 ) ( 1 , 071 , 004) ' r NET LOSS X467 . 0701 Y See Accountants' Review Report and accompanying notes to Financial Statements Y %F.. 5 } . b OLKAWAHA FARMS, INC. STATEMENT OF CHANGES IN SHAREHOLDERS ' EQUITY DECEMBER 31, 2002 Unrealized Additional Gain on Paid in Marketable Retained Stock Capital Securities Earnings Total BALANCE AT BEGINNING OF $31333 $2, 800, 587 $3 ,310, 762 $2, 140, 170 $ 822542852 YEAR Additional pai&in capital - Unrealized loss on marketable securities - - (489, 182) - (489J82) Net loss - - - (4672070) (4677070) - 0 - Distributions - BALANCE AT END OF YEAR $33333 0 8 $2. 821 . 580 r See Accountants' Review Report and accompanying notes to Financial Statements 6 OLKAWAHA FARMS , INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31 , 2002 CASH FLOWS FROM OPERATING ACTIVITIES : Net loss $ (4672070) Adjustments to reconcile net income to net cash provided by operating activities - Depreciation 2892565 Change in operating assets and liabilities : Decrease in accounts receivable 334, 606 Decrease in interest receivable 125 , 490 Decrease in costs & estimated earnings 52044 Decrease in prepaid expenses 652661 Decrease in accounts payable ( 12, 793 ) Decrease in interest payable ( 105 , 041 ) Decrease in billing in excess of costs & estimated earnings ( 1484415 ) Net cash provided by operating activities 87 , 047 CASH FLOWS FROM INVESTING ACTIVITIES : Acquisition of property and equipment (40; 590) Sale of marketable securities 550, 040 Net cash used in investing activities 5092450 CASH FLOWS FROM FINANCING ACTIVITIES : Decrease in notes payable (218 , 738 ) Decrease in mortgage payable (90. 784) Net cash from financing activities _(309, 522) ' Net increase in cash 286, 975 CASH, beginning of year 1 , 6111228 CASH, end of year $ 1 . 898203 Supplemental disclosure : Interest paid $ 664 . 211 For purpose of the statement of cash flows, the Company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. See Accountants' Review Report and accompanying notes to Financial statements F 7 OLKAWAHA FARMS , INC. STATEMENT ' OF COMPREHENSIVEOME FOR THE YEAR ENDED DECEMBER 319 2002 Net loss $ (467) 070) Current period-unrealized gains (losses) on marketable securities (489, 182) Comprehensive income (loss) $ (956. 2521 b See Accountants' Review Report and accompanying notes to Financial Statements � W8 . OLKAWAHA FARMS, INC. NOTES TO FINANCIAL STATEMMNTS DECEMBER 31 , 2002 f ' 1 - Or anization and Nature of Business : Note g ' Oklawaha Farms, Inc. (the "Company" was incorporated under the laws of the State of Florida on August 20, 1987 , The Company is engaged in the business of land and environmental restoration ' projects for the commercial and government industries . Note 2 - Summary of Significant Accounting Policies , The more significant accounting policies of the Company are summarized below : Basis of Accounting — The Company uses the accrual method of accounting. Receivables — No provision has been made for uncollectible accounts as of the balance sheet date; Management considers all accounts to be collectible in accordance with standard terms of payment. Method of profit recognition — Revenues from fixed price contracts are recognized by the percentage of completion method, based on the ratio of costs incurred to total estimated contract costs . Contract costs include all direct material and labor costs and those indirect costs related to contract performance. Selling, general and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined . Changes in job performance, job conditions, and estimated profitability and final contract settlements may result in revisions to costs and income, and are recognized in the period in which the revisions are determined . Costs and estimated earnings in excess of billings on uncompleted contracts — The assets represents revenues in excess of amounts billed . The liability represents billings in excess of revenues earned . ' Property and depreciation — Property and equipment are stated at cost . Depreciation is computed using the " straight-line" depreciation method over the estimated useful life of the related asset. Useful life ranges from five to thirty-nine years . Income Taxes — The Company has elected, with approval from its shareholders, to be an "S " corporation for Federal income tax purpose. There is no provision for Federal income taxes included in the accompanying statement of operations related to the operations of the Company due to its tax status as an "S " corporation. See Accountants' Review Report. ' 9 �I Use of Estimates = The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. I lk Note 3 - Marketable Securities Cost and fair value of marketable securities at December 31 , 2002, are as follows : Gross Gross Unrealized Unrealized Fair Cost Gains Losses Value December 31 , 2002 Available for sale equity securities $ 2. 821 . 580 $ - 0 - $14666693. Note 4 - Costs and Estimated Earnings on Uncompleted Contracts : estimated earnings on uncompleted contracts in excess of billings The costs and est s as of December g p g 31 , 2002 were as follows : Costs and estimated earnings on uncompleted contracts $ 1 ,333 , 422 r Less : billings to date 11313 , 020 Costs and estimated earnings ' in excess of billings on uncompleted contracts $ 20 . 402 s See supplementary information for details by contract. See Accountants' Review Report. 10 l Note 5 Property andEquipment: ' . .. - December 31 , 2002 property and equipment consisted of the following : ' Equipment — Ruskin $ 410, 667 Machinery and equipment 978 , 342 Building — Eckerd : Plantation 1 ,2641927 Buildings — Eckerd : Sun City 1 , 070, 944 ' Building - Eckerd : Cocoa 13% 997, 980 Building - Eckerd : Apollo 22557, 064 Land — Eckerd : Plantation 1 , 1722651 Land — Eckerd : Sun City 8571395 Land - Eckerd : Cocoa 5852758 Land - Eckerd : Apollo 5782547 Accumulated Depreciation 794 713 $ 100679s56-2 ' Note 6 - Notes Receivable — Related Parties Notes receivable as of December 31 , 2002 consisted of the following : Note receivable — Shareholder (90%), bearing interest at 8 . 5 %, unsecured, 54000 due on demand . 67— ' Note 7 Billing in Excess of Costs and Estimated Earnings on Uncompleted Contracts The billings in excess of costs and estimated earnings on uncompleted contracts as of December 31 , 2002 were as follows : ' Billings to date $ 1 , 333 ,422 Less : Costs and estimated earnings on uncompleted contracts 1 . 333 . 422 Billings in excess of costs and estimated earnings on uncompleted contracts 0 - See supplementary information for details by contract. Seo Acco munts' Review Report ' 11 Note 8 - Mortgages Payable . . . . Mortgage Payable' - Fidelity Federal Bank and Trust, secured by land and building, bearing interest at 7 . 5 %, interest and principle payable monthly, 20 year amortization, matures December 01 , 2026 $ 1 , 220, 019 Mortgage payable — Fidelity Federal Bank and Trust, secured by land and building, bearing interest at 7 . 5 %, interest and principal payable monthly, 20 year amortization, matures December 01 , 2026 . 1 , 5112145 Mortgage payable — Fidelity Federal Bank and Trust, secured by land and building, bearing interest at 7 . 5 % , interest and principal payable monthly, 25 year amortization, matures January 01 , 2027 . 221892295 Mortgage payable — Fidelity Federal Bank and Trust, secured by land and building, bearing interest at 7 . 5 %, interest and principal payable monthly, 25 year amortization, matures January 01 , 2027 . 1 , 815 . 467 6, 73 5 , 926 Mortgage payable - long-term portion (6 , 633 . 646) Mortgage payable - current portion $ 102. 280 Following are maturities of long-term debt for each of the next five years : 2003 $ 1021280 2004 $ 1102739 2005 $ 118 , 908 2006 $ 1282271 2007 $ 136, 688 Note 9 - Notes Payable - Equipment Notes payable — equipment as of December 31 , 2002 consisted of the following : Note payable to CAT/TRAC, secured by construction equipment, bearing interest at 3 . 51 % , 36 month amortization, maturing on November 01 , 2004 1051926 Note payable to CAT/DOZEN, secured by construction equipment, bearing no interest, 36 months amortization, maturing on November 03 , 2004 129, 621 See Accountants' Review Report. 12 r Four notes, payable to Case Credit, secured by construction equipment, beanng interest from 5 . 9% to 9 . 651/o, 48 month amortization, maturing onZA[arch 01 , 2004 , 124, 141 359, 688 Less : Note payable — long term portion 136 720 Note payable — current portion 2 g Following are maturities of long-term debt for each of the next five years : 2003 $2221968 2004 $ 1362720 2005 $ 0 2006 $ 0 2007 $ 0 Note 10 - Shareholder Notes Payable Shareholder notes payable as of December 31 , 2002 consisted of the following : Notes payable — shareholder (90%) bearing interest ranging from 7 . 2% to 8 . 5 %, : . unsecured interest and principal due on demand . $2, 300, 000 r Notes payable — shareholder ( 10%) bearing interest at 7 . 2%, unsecured, interest and principal due on demand. 200, 000 $ 009 000 µtiF F : . Note 11 - Operatine Expenses : The followingis a summary of the significant components of the operating expenses of the Company for the year ended December 31 , 2002 : Administrative expenses $ 94 282 Bid prospects 32372 Insurance — general 652693 Legal & accounting 28.1937 Office expenses 42386 Consulting services 3692145 Repairs & maintenance 660 Rent 9, 905 Taxes — property 4 347 Telephone 15956 Payroll expenses 405580 1 1 . 039. 263 i See Accountants' Review Repoli ' 13 j r Note 12 - Other Income :►.� , The following is a summary of the significant components of the other income of the Company for the year ended December 31 , 2002 : ' Rental income $ 9562854 Dividend income 49, 391 Capital gains 29, 829 Interest income 117. 915 $ 1 , 153 . 989 Note 13 - Other Expenses and Losses The following is a summary of the significant components of the other expense of the Company for the year ended December 31 , 2002 : Depreciation $ 289, 565 Other expense 14, 266 Investment interest expense 664, 211 Capital losses on investments 102 , 962 1 - 071 - 004 Note 14 - Leases Minimum future rental payments under non-cancelable operating leases having remaining terms in excess of one of year as of December 31 , 2002 for each of the net five years and in the aggregate are : 2002 $9, 300 2003 0 2004 0 2005 0 2006 0 Subsequent to 2007 0 Total minimum future rental payments 00 See Accountants' Review Report 14 y OKLAWAHA FARMS , INC . SCHEDULE I - CONTRACTS IN PROCESS December 31 , 2002 Sawgrass progress billings to date $1 , 155 , 059 .00 Remaining to be billed $623 , 941 . 00 Estimated contract amount $ 1 ,779 , 000 . 00 Direct costs incurred to date $7381154 . 00 Estimated additional direct $511 , 846 . 00 costs $ 1 , 333 ,421 .70 Revenue earned to date Total estimated direct costs $ 1 , 250 , 000 . 00 Estimated gross profit $ 5299000 . 00 Earnings recognized to date $396 , 503 .70 Percentage of completion 74 . 95 % Y Costs and estimated earnings $20 , 401 .70 in excess of billings Billings in excess of costs $0 . 00 and earnings Prior to January 1 , 2002: Revenue earned $93 , 132 .79 Cost of revenues $65 , 439 . 00 Gross profit (loss) $27 , 693 .79 Year ended December 31 , 2002: Revenue earned $ 11240 ,288 . 91 Cost of revenues $672 ,715 . 00 7 Gross profit (loss) $ 567 , 573 . 91 See accompanying Accountant's Review Report and the notes to the financial statements . FA123kiata\0k1awahawip02-2 �■r �..r� r. .iAMr rr r Ir r■i Id OKLAWAHA FARMS , INC . SCHEDULE II - COMPLETED CONTRACTS Year ended December 31 , 2002 Contract totals Before January 1 200 Year ended 12/31 /02 Gross Gross Gross Revenues Cost of Profit Revenues Cost of Profit Revenues Cost of Profit Contract Earned Revenue fLg§k Earned Revenue Loss Earned Revenue Loss Wolf Branch $ 2 , 801 , 842 $ 1 , 928 , 927 $872, 915 $2,721 ,446 $ 11826 , 310 $895 , 136 $ 80 ,396 $ 102,617 -$22 ,221 Tampa Bay $ 2272938 $ 1779584 $50 , 354 $2301329 $ 163 , 469 $66 , 860 $ (21391 ) $ 14 , 115 -$ 161506 Cocohatchee $ 978 , 062 $ 955 , 871 $229191 $2110125 $149 ,290 $616835 $ 766 , 937 $ 806 , 581 =$394644 Total $ 4 .007 . 842 $ 3 . 062 . 382 $9456460 $3 9 $2. 139 . 069 $ 1 , 023 , 820 $ 844 . 942 $ 923 . 313 -$78 .371 4 G See accompanying Accountants' Review Report and the notes to the financial statements . Oklawaha xompleted02-2 iOklawaha Farms , Inc. ( OFI ) Section 00456 , Item 18 Equipment Listing ' QUANTITY MODEL DESCRIPTION 1 320CL Caterpillar Trac Hydraulic Excavator with Excavator Bucket 1 D6MLGP Caterpillar Track Type Tractor 1 1 i 1 L 1 _ 1 i 1 1 1 Updated 9/96/2004 SECTION 00458 - LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by the OWNER after a request for ' such a change has been submitted in writing by the CONTRACTOR , which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. ' Documentation Submitted with Project No . 9219A for HARMONY OAKS MITIGATION PROJECT. ' Work to be Performed Subcontractor' s Name/Address 1 , Design , Installation , and Maintenance of Erosion ' & Stormwater Pollution Control System Grinding /Hauling DJ Casey Enterprises 2 . Clearing / Grading / Grubbing 2773 St . Rd 71 W . Palm Beach , FL 33414 ' Deliver FL Grade # 1 Indian Trails Native Nursery 3 . Plants for Site 6315 Park Ln W , Lake Worth , FL 334674 Hand Clear Exotics from TRC Omni EnvironmentT=5rp s 4 . Enhancement Area 1001 -W Cypress Creek Rd # 306B , Ft . Ldle , ' Plant and Maintain , TRC Omni Environmental FL 33309 5 , Enhancement Area 1001 -W Cypress Creek Rd # 306B , Ft . Ldle , FL 33309 6 . 7 . 8 , 9 10 . ' 11 . 12 . 13 . t 14 . 15 . ' 16 . ' 17 . Note : Attach additional sheets if required . * * END OF SECTION 00458 - List of Subcontractors 00458 - 1 HARMONY OAKS ' FAPublic Works%KeithM%Stormwaler ProjeclsUiarmony Oaks Mitigation ProjectZonstruction Conlract%Bidding and Construction Contract Documenls%00458 • list of Subcontractors.doc Rev. 05f01 1 1 1 1 1 1 1 1 1 1 1 1 swao :d lOvatrvoO � 1 1 1 1 1 SECTION 00520 = AGREEMENT TABLE OF CONTENTS ' Title Page ARTICLE1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 - THE PROJECT , . , , , , , , , , , , , , " . . . 2 ARTICLE 3 - ENGINEER, , , , , , , , , , , , " , , , . . . 000000 . . . . 2 ARTICLE 4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - CONTRACT PRICE ' ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 7 - INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' ARTICLE 10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 (THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 1 00520 - Agreement (Public Works ) ' 00520 - 1HARMONY OAKS F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05101 ' SECTION 00520 = AGREEMENT ' THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , (hereinafter called OWNER) ' and OKLAWAHA FARMS . INC . (hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : tARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract ' Documents . The Work is generally described as follows : The selected CONTRACTOR shall mechanically clear, grub , and regrade approximately ' 4 . 98 acres for wetland restoration and selectively hand clear approximately 2 . 08 acres for wetland enhancement. The CONTRACTOR shall also replant the restoration and enhancement areas and maintain the plantings for a period of five years after acceptance by the County. ARTICLE 2 = THE PROJECT ' 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : ' Project Name : HARMONY OAKS MITIGATION PROJECT County Project Number: 9219A Project Address : Indian River County , south of Vero Shores Subdivision , east of U . S . Highway No . 1 ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative , assume all duties and responsibilities , and have ' the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ' ARTICLE 4 = CONTRACT TIMES 4 . 01 Time of the Essence ' A. All time limits for Milestones , if any, Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. ' 4 . 02 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed ( Final Completion ) and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions (and Supplementary Conditions if applicable ) on or before the 120th day after the date when the Contract 00520 - Agreement (Public Works).doc ' 00520 - 2 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 Times commence to run as provided in paragraph 2 . 03 of the General Conditions (and Supplementary Conditions if applicable ) . 4 . 03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times ' specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions (and Supplementary Conditions if applicable ) . The parties also recognize the delays , expense , and difficulties involved in proving in a legal ' proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) , CONTRACTOR shall pay OWNER ' $ 100 for each calendar day that expires after the time specified in paragraph 4 . 02 for Final Completion , until the Work is finally complete and ready for final payment. ' ARTICLE 5 - CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts ' determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . 6 , below: A. For all Work , at the prices stated in CONTRACTOR's Bid , attached hereto as an exhibit. B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: : ' PART 1 = Numerical Amount: $ 119 . 194 . 94 Written Amount: ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED ' NINETY FOUR DOLLARS AND NINETY FOUR CENTS PART 2 = Numerical Amount: $ 229400 . 00 Written Amount: TWENTY TWO THOUSAND FOUR HUNDRED DOLLARS 1 ARTICLE 6 = PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions (and Supplementary Conditions if applicable ) . Applications for ' Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable ) . ' 6 . 02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6 . 02 .A. 1 below. All such payments will be measured by the schedule of values established in paragraph 2 . 07 . A of the General Conditions (and Supplementary Conditions if applicable) (and in the case of 00520 - Agreement (Public Works).doc 00520 - 3 HARMONY OAKS FAPublic WorksWeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 Unit Price Work based on the number of units completed ) or, in the event there is no schedule of values , as provided in the General Requirements : 1 . Progress payments will be made in an amount equal to the percentage indicated ' below but, in each case , less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold , in accordance with paragraph 14 . 02 of the General Conditions (and Supplementary Conditions if applicable ) : a . Ninety percent (90% ) of Work completed (with the balance being retainage) ; and ' b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . ' 6 . 03 Final Payment ' A. Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07 of the General Conditions (and Supplementary Conditions if applicable ) , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 . 07 . ' ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions (and Supplementary Conditions if applicable ) to the Construction Contract. ' ARTICLE 8 = CONTRACTOR'S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : ' A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents , B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost, progress , and performance of the Work . ' C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost, progress , and performance of the Work . D . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site ' which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR, including applying the specific means , methods , techniques , sequences , and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto 00520 - Agreement (Public Works).doc 00520 - 4 HARMONY OAKS FAPublic Works\KeithM\Stornw4ater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 ' E . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . ' F . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . ' G . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . ' H . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. I . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents ' A. The Contract Documents consist of the following : ' 1 . This Agreement ( pages 00520- 1 to 00520-8 , inclusive ) ; 2 . Section 00610 - Performance Bond (pages 00610- 1 to 00610-5 , inclusive) ; 3 . Section 00612 - Payment Bond (pages 00612- 1 to 00612-5 , inclusive) ; ' 4 . Section 00700 - General Conditions (pages 00700- 1 to 0070045 , inclusive ) ; 5 . Section 00800 - Supplementary Conditions ( pages 00800- 1 to 00800- 12 , inclusive ) ; 6 . Specifications as listed in the Table of Contents of the Project Manual ; 7 . Drawings consisting of three sheets numbered M- 1 , M-2 , and M-3 ; ' 8 . Addendum number 1A , inclusive ) ; 9 . Exhibits to this Agreement (enumerated as follows) : a . Section 00550 - Notice to Proceed ( page 00500- 1 ) ; ' b . Section 00310 — Bid Form (CONTRACTOR's Bid ) ( pages 00310A to 00310-8 , inclusive ) ; c. Section 00450 — Sworn Statement Under Section 287 . 133 , Florida Statutes , on Public Entity Crimes (pages 00450- 1 to 00450-2 , inclusive) ; ' d . Section 00452 - Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452- 1 to 00452-2 , inclusive ) ; 00520 - Agreement (Public Works).doc 00520 - 5 HARMONY OAKS F:\Public Works\KeithM\Stomnwater Projects\Harmony Oaks Mitigation Projed\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 e . Section 00454 - Sworn Statement Under the Florida Trench Safety Act (pages 00454- 1 to 00454-2 , inclusive ) ; f. Section 00456 — Qualifications Questionnaire (page 00456- 1 to 00456-4 , inclusive including 17 attached pages ) ; ' g . Section 00458 — List of Subcontractors ( page 00458- 1 ) ; h . Section 00622 — Contractor's Application for Payment (pages 00622- 1 to 00622-4 , inclusive) ; i . Section 00632 — Contractor's Final Certification of the Work (pages 00632- 1 to ' 00632-2 , inclusive ) ; j . Section 00634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634- 1 ) ; 10 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a . Written Amendments ; b . Work Change Directives ; c. Change Order(s ) . B . The documents listed in paragraph 9 . 01 .A are attached to this Agreement (except as expressly noted otherwise above) . C . There are no Contract Documents other than those listed above in this Article 9 , D . The Contract Documents may only be amended , modified , or supplemented as provided in paragraph 3 . 04 of the General Conditions (and Supplementary Conditions if applicable ) . ARTICLE 10 = MISCELLANEOUS 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions (and Supplementary Conditions if applicable ) . 10 . 02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 00520 - Agreement (Public Works).doc 00520 - 6 HARMONY OAKS FAPublic WorksWeithM\Stornmater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 10 . 03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . ' 10 . 04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . [The remainder of this page was left blank intentionally] 1 1 1 00520 - Agreement (Public Works).doc 00520 - 7 HARMONY OAKS F :\Public WorksWelthmStonn water Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. ' This Agreement will be effective on ! , 20.pq (the date the Contract is approved by the Indian River County Board of County C(9nmissioners , which is the Effective Date of the Agreement) . OWNER : C NTRACTOR : , INDIAN RIVER COUNTY By: C ax0o By-� Ne OvtA- - I� i , Kennetth R , Ma ClAirman (Contractor) Nechne b - 61n/ By OUJIJ (CORPORATE SEAL) Jame E . Chandler, Coun Adm strator Attest APP VED AS TO FORM AND LEGAL SUF C CY: B d�f Marian Fell , AssiskTntt6unty Attorney Address for giving notices : 1 . I Jeffrey K. Barton , Clerk of Court License No . Attest: (Where applicable ) De uty Clerk (SEAL) Agent for service of process : Designated Representative : Name : William Keith McCully, P . E . , Esq . Designated Representative : Title : Indian River County Stormwater Engineer Name : 1840 25th Street Title : Vero Beach , Florida 32960 Address : (772 ) 567-8000 , ext. 1562 Facsimile : (772 ) 77&9391 ' Indian River County Ap Phone : ved Date Facsimile : Administration 3 j4 ( If CONTRACTOR is a corporation or a ' Budget partnership , attach evidence of authority to sign . ) Co . Attorney * * END OF SECTION Risk Management Department Division 00520 - Agreement (Public Works).doc 00520 - 8 HARMONY OAKS FAPublic Works\KeithM\Stomnvater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 Telephone: (772) 567-8000 r �LoR�A NOTICE TO PROCEED ' HARMONY OAKS WETLAND MITIGATION PROJECT Dated March 16 , 2004 - REVISED FAX TRANSMITTAL : (305 ) 670-9659 TO : Steven L . Risi Oklawaha Farms , Inc . ADDRESS : 9200 South Dadeland Boulevard , Suite 705 Miami , Florida 33156 Contract For: HARMONY OAKS WETLAND MITIGATION PROJECT OWNER's Project No . 9219A You are notified that the Contract Times under the above contract will commence to run on March 30 , 2004 . By that date , you are to start performing your obligations under the Contract Documents , The Contract has allocated 120 calendar days for the completion of this project. In accordance with Article 4 of the Agreement the date of ' Final Completion is July 28 , 2004 . ' INDIAN RIVER COUNTY ( OWNER) By: UTHCMIZED SIGNATUR W . Keith McCully , P . E . Stormwater Engineer + + END OF NOTICE TO PROCEED + + 00550 - 1 ' F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Letters\Letters to Contractor\Letter #003 - Notice to Proceed (rEVISED).doc 104 " 04 Kcwxur.0 -LN •rnr. KL' UVKLb VE- Jr:r'r'REY K hAMTON , CLERK CIRCUIT COURT INDIAN tRIVER CO FL , BK : 1700 PG : 993 , 03 / 04 / 2004 11 : 10 AM -- t ' SECTION 00610 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we OKLAWAHA FARMS, INC . 9200 SOUTH DADELAND BOULEVARD, SUI E 9706 ' MIAMI, FL 33156 - TEL: (305) 670-9660 , as Principal (Contractor), (Insert name, principal business address, and telephone number of PrindpsUContracWr) and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9100 SOUTH DADELAND L D., SUITE #908 MIAMI, FL 33156 - TEL: (305) 670-9898 a corporation, a8 Surety, (Insert name, principal business e0dress, and telephone number of Surety) ' are held and army bound unto the County of Indian River, Florida (Owner), 1840, 25th Street, Vero Beach, Florldav f6SWINN-61rHOUSAND, NINE HUNDRED NINETY In the sum of THREE AND 07/100 Dollars; ($ 176,993.67 ), amounting to 126% of the total bid price. For the payment of said sum we bind ourselves , our helm, executors, administrators and assigns, Jointly and sevemily, for the faithful performance of a certain written Contract, dated the day of 20_, entered Into between the Principal and the County of Indian River, for. Bond Number PRF09670964 Project Name: HARMONY OAKS MITIGATION PROJECT County Project Number 9219A Project Address: The project is located in Indian River Count); south of Vero Shores Subdivision and east of U.S. Highvrdy No. 1 . ' Project Description: The Contractor shall mechanicallyclear, grub, and regrade approximately4, 98 acres forwedand restoration and selectively hand clear approximately 2.08 acres for wetland enhancement. The Contractor shall also replant The restoration and enhancement areas and maintain the plantings for a period of five years after acceptance by the County, A copy of said Contract Is Incorporated herein by reference and is made a part hereof as if fully copied herein . ' Florida Statutes Section 255.05 (2002 ) , as amended from time to time, togotherwith all notice and time provisions contained therein , is Incorporated herein in its entirety by this reference. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Principal shall In all respects comply with the terms and conditions of said Contract and its obligations thereunder, Including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided 4/09/03 PERFORMANCE BOND 00610-1 P'.ft 0o WoftW*IIh"krnwraW ProlwbMiannony Oaks w%a%n "awAmtucaun Contradl9WhV and Cons ucson Contract oocunmu we10 - Pedomiance eond.doc r A TRt)E COPY CERTIFICATION ON LAST PAGE J.K. BARTOK CLERK ' for, and shall indemnify the County of Indian River as set forth , In the Contract, in the execution or pert srmpne a of said Contract, and furt.4or, ir, the Principal small promgtiy make payments to all who supplyhlm with labor sindlor materials ue*d direciiy or ir►d!re&v by the Principal In the prosecution of the Work provided for to laid Contrrzt, then this obligatior, shall be null and void; otherwise , the ' Ritnc poi and Surery, Jointly ar.d severeRy, sg� to pay tte County of Indian Rl ,+er any difference between the suns that the County rA indir..n P,iver may be oVorod to pay for the completion of said Work, by c*nVact or otiterwriss, a;,ci any damages, whether dtrect, indfmct, or corsaquentlal, inewding raQsonable attomeVs fees (induding appellate procs•adjirga), which the County of Indian ' River may Incur es a re rLlft Of rh a failuf r of the Principal ;o oraperly ex0cuts Ail of the prrvislons of the Contra^i. AND , the sold Pdnc pal and Surety hereby further bind themselves, thsh successors, executors, adm!entrators and assigns, ;olntiyand severally, that they %AQ amply and fully protect the County of Indian River aga..lnat, and will pay any arses all amounts, damages, costs and judgments, Including reasonable attorney feces (including apcellate Procs' adings) which r~-my be rerajered against or wi1101; the County of Indian River maybe ,;ailed upon x pay to arty person or corporation by reason of any damage aristng from the performance of the said work, repair or maintenence thereof, orther mannerof doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the uie of any material fumisher; or wo,* dore, as aforesaid or otherwise.. Principal and Surety expressly acknowiedge that any and all provisions relating to liquidated d3images contained in the Contract are expressly covered by and mads a pert of this Bond. Principal and Surety ecknovAedgei that any such previsions lies wMalln their obligations and within lase policy mverarges and Ilm!'.ations of this Bond . AND; the sa;d Sk lrety. forvalue received, hereby stipulates end agrees that no range, extension r of true , Increase In the r o.itnect price, ai.eratlon or addition to the terms of the Contract or to the Work to be performed thereunder, or the Specifcatiors or Drawings accompanying the sama, shall in any M'ay affect Its obligatioiis on this Bond, and it does 11ei0,6y w+ahre notice of any such change, extension of tinny, alteration or addition tv the lams of the Contact m to the Worts or to the ' Specifloatlons at Drawings. AND tha Surety represents and warrants to the COUnty of Indian River that it has a Best's Key Rating Guide, General Poilcv Holder's Rafting of *W and Financi?J Size Category of Clays ure AND , the said Principal and Surety jointly and severally covemint end egrae that this gond will remain In full force and effect for a period of one year ranvnenr.Irg on the date of Fin:el Completion as established an the Certiflrste cf Finan C: mPlation an Issofed by the Coaenty of Indian River. AND the Surety shall issue a consent of pay:;r-int to a=rch of the Principal's pay requeste. AND, in the event o` a default by the Pr"ndria!, the Surety consents that the Principal sh=all not be allowed to parform fairther work on the Prrsjee... AND , the Surety agrees :Tat it is respon%lble for all delay damages resuling from, the Pdndpal's performance on the Contract. ' 4,W/03 PERFORMANCE BOND 00610-2 F.V*ubRc WorksWeilhlAStc r";er Pro ecbNHsmwrp Oaks WStk%aVr Pr eat Censtruei ez Convaoa ldcrna and Com ruc rr CootrsctDwunwntsMio - Perfomm ceP4MAcc A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLERK i On . l / VV rV . 777 IN WITNESS WHEREOF, the above bound parties executed this Instrument under their several seals, this 2nd day of MARCH 2Q0.4 , the name and corporate seal or each corporate party being hereto affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its governing body. �N►Mnt�llNKi��NNtN�tKNN*NM�NKMK�kM�N►K�K�i�N��eNKNM1,�KIMN,ifyYKNneN��.,�,.��N�y,K�N� WHEN THE PRINCIPAL IS AN INDIVIDUAL: ' Signed, sealed , and delivered In the presence of: Witness Signature of individual Address Printed Name of Individual ' Witness Address ' fNNiNn,A�MN NM*K�NNN�'NANN.INK�NA�IK�►e��K�►RM��KKtKNNIKNN�N��N� ' WHEN HE PRINCIPAL 13 A SOL I E-PR0PRIffog3HIp Og OpERATES UNDER Mae Signed, sealed and delivered In the presence of: Witness Name of Entity BY: Address Principal Printed Name of Principal Witness (SEAL) Address [The remainder of this page was left blank intentlonalM ��M�tR��N/M�Me�K�NNNKN�IIN��NN'NNK�MN��NNNNK�iNNM/�*NKtfKINNRKN�MKNNlI�N�� ' 4109/03 PERFORMANCE BOND 00610'a Fslftft WarksVWV*f$wjm *r Prol0as%0Mwy Oaks M owdon Pr*dCamtrucMon Conb=MIdding wW Cmatuc%n Contract Dodmwnt V=j0 • Perrommnm 9ond•doc A TRUE COPY ' CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK DA : LIUV rU : 770 t ' WHEN THS PRINCIPAL 18 A PARTNERSHIP; Signed, sealed and delivered In the presence of: ' Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address •rrr„rrrrnar.:r.+u*►rrrrrrrrNrrkrrrrrrrr++►a�►►r•.r+»rrrrrrrrrrrar.rsrr+�tr*r►rrrMrntrrr WHgN THE PRINCIPAL 18 A CORPORATION: Attest: •. -;; :. OKLAWAHA FARMS , . INC. Secretary Name of Corporation 400 Sq. (P Corporate SEAtl`r '� . Printed Name tea, •'�� Official Title CERTIFICATE A$ To CORPORATE pglNcrpar I . certify that I am the Secretary of the corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bondwas dulysigned, sealed and attested forand on behalf of Said corporation by authority of its governing body. Secretary (SEAL) 4109/03 PERFORMANCE BOND 00610.4 FIWIc WvftWA lhM%w njwsW PralacraWarmony Oaks MNlpatlon Proj6dC4n6trv06,xt ConbaollNtddUw and Conswdon Contract Dowmant %OWI D - Pedons nos sond.doo i A TRUE COPY CERTIFICATION ON LAST PAGE J . K BARTON, CLERK ar, : IIUU rte : Wy# ' TO BE EXECUTED BY CORPORATE SURA: t: ' FIDELITY AND DEPOSIT COMPANY OF MARYLAt��;r . eaetary Corporate u ty Pq� r'" 9100 SOUTH ADE ND BLVD., SUITE #908, ' FL' f�956 *v •s : Businesnd c. 14C u ., , i Cl JOHNTHAR ATTORNEY-IN-FACT 4f•1�BxCorporate S ALj JOHN W. N Attomey-In-Fact MATSON-CHARLTON SURETY GROUP Name of Local Agency 770 SOUTH DIXIE HIGHWAY, # 101 , CORAL GABLES , FL 33146 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER rBefore me, a Notary Public, duly commissioned , qualified and acting, personally appeared JOHN W. CHARLTON 9 to me F1o��rrrS rE MP�Nw nes first duly sworn upon oath , says that he is the attomey-In-faat for the nF uArMANo and that he has been authorized by ITS PRESIDENT to execute the. foregoing bond on behalf of the CONTRACTOR named therein In favor of the County of Indian River, F rlda. Sub bed and sworn to before me this 2nd day of MARCH204NoPub c, State o Flo de My Commission Expires: JUNE 19, 2004km WCOMMSWN# OM12 EMS )une 19, 2004 • „ gNDIDMalTrDYMNgIWWitt MC •M�►�,SMF/N�1e��w»MO�Y�Mf�N�M�M\MMMT►N��,RtMMMM�►►Mn�HM�M�1f*�tURRRfR►�/RR�NNIMMN (The remainder of this page was left blank Intentionally) 4/09/03 PERFORMANCE BOND 00610-5 F:1PubAa WorkaVAHMAStormwalsr Pf*ftV4AMwy Oaks k0p ion ProloaSConstruc9on Conbsetai rding and Construction Contract DoamnontMM10 • Pwft mrnce Bwd.doc r A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK L / uu k'la : NF bF0 r Any claims under this bond shall be addressed to : Name and address of Surety. ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9100 SOUTH DADELAND BLVD. , #908 ' MIAMI, FL 33156 Name and address of agent or representative In Florida If different from above : MATSON-CHARLTON SURETY GROUP 770 SOUTH DIXIE HIGHWAY, #101 CORAL GABLES, FL 33146 Telephone number of Surety and agent or representative in Florida: ( 305 ) 662 . 3852 • • END OF BOND • ' fMN!!lNlfflw!#w►MM.ffwrtllf»flwlflee**wfllwwe/ffwwrNif rf++ewwwwflFMfMrtYiMaafaararkwlrf Mw!llMMwwwwfMlrflle Note; This Bond shaft be recorded by the Principal In the Public Records of Indian River County, Florida , A certified copy of the recorded Bond must be provided to Indian River County before a Notice-tomProosed will be Issued for the Project, Nfwflwflf llRffMMff�eelf lNNeffMlfNMl""**RAMRMt00""0""*""W"*MMkM1'1M}YffAFiiii/K/MMkMiM • • END OF SECTION • • r r r 4/09/03 PERFORMANCE BOND 00610-8 F'WvbNo WoftW* thM%1omwaW PrgacteWamgny Oaks N9tpaEon P"ecW#onaauc1w+ Contrael\Hkkting and eenatrvouon Contract DocummW0061D o Perfamtanoa Dond,doo r STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ' ORIGINAL ON FILE IN THIS OFFICE , J .K. BARTON, CLERK S tit' .. l}•� �J. •:''•atii'• CpL•y . NBY DEPUTYCLER 2` �` '��ecrouMs °•' DATE ny,bpbWNN r Z- WD—'GICJYJT.: I k'1 : C..3Hh1 i KUM LJr' 1 ..kotD b / 1J 'J' t3 y Uate : 3/4M (16 : 11 PM bender's rax IU; (3b2)- M-W44 gage 2 Dt 2 A—_ D. CERTIFICATE OF LIABILITY INSUfAiVCE or l6 st: i 9 !t[ AlNOinNTT ozarr.,x�ni , . _ aslo4 64 Raeoueav! 5 1PI TER OFFOR ONLY AND CONFFR8 Nb R1GHT9 UPON THE CERTIFICATE ON Bruen & Brown Insurance , HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 47 6W 17th str"t ALTER THE COVERAWAPFOROED RY THE POLICIES BELOW, Ocala FL 34174-5148 Shone : 352 -T32 -5010 Fax : 352 -?32-S39d INSURES AFFORDiwG COVERAGE MAIC 0 wul A. Benthmm-t( lRe-oxe ZnnuYamel* lcezu Auto 0wnver3 Insurnce Co . 184R8 � Oklawahe Faxm, Ina . ENSU 9200 Dade3.Au Blyd ;4te705 Ulami FL 3318 asut�wD. COV ERAG INELR3R E _.� T#IV POUMS OF INSLJRAO" L14THD QF.'LOLY HAV& QM [A8LA3C TU TFeE 04WR69 PiMQiO p8'J1fE FOR THE PQI.h^'! PERMD I�CATE6�YNrtFt37A1VDiNG AW RREQ,+,NMNENT. 7em OR CC`iOi m 8F ANY CONTRACT on ORAIER COCUMINT WITH OJ.SPECT ?*WHICH THI8 CLRTIMCATC JAAY ej GRSIJCO CR --_ AMY PERTAIN, TMI! !M URpIHC,E APPORM BY TN@ POLOW =FJOSM HMN It 3MMT TO ALL THE TEWL$, EXCL L SIt" AM COHDnIM OF SUCH POLICAFS.A40ftGAT9 Lb"S SHOWN MAY HAVE BEER FMOIJCED RTf PND CLAAMB. FCKWY Vc COMM TM 11"y11"yr MlMieR [ATE lMWAG/YY ME M'D GA.'fY LlboYtl OeyHiawwnm � r.cro.,`.wn,RcE , s 508 000 vreD . . . . . _. . ... _ .. .. . . ! .. . . . . .. _ . .. ., A 7 z tG4NMER MLEEflH4LYALTI 2058499504 83/07 /04 43f07/05 nes W.6 W.m*n1r,) s 100 , 000 ,Wvs MADE GCMGGW NEG Fxcv cme Itr. pmov is 10 , 000 ix_ uL : �S - ! RSA X5000000 s 1 000 000 q .W& ACGRLCaATL° UVIT An-EG PER __ 1 . 600 . 004 . . �awcTs. ta� OkAGO s "114'C'T JCtI: t.00 4Ji0fAiN.i IJA[[JTY r.OMDaKD GINyLC U"T A`!/Al1T'L9 i (Ed YCLVIRi..- I i . ' ,MD AJT=Z sGca� w,XJRr varu++NEOwn:E � i0rrp�nmT; '�— I YN: 1lN�1} s1[AOF LIAtl4tTY PUTC0 Y_ ef.At. Alf AVTU �TrrA fiv,V cA AM E NAT` fNiv AGO L E1"NUMIMEU,l LIA61L1TY EACN OttURIl Nce r 5 , 008 000 B accUrr rr CAAlA,7NVN)( 4278423700 03/07 /03 i 03/07/04 j �ccM:Ar= ' c 5 , OoL , 000 f I r-- 7'NJGT6ILC � ,� ! wiMP74YERrYAORM M ERWIKIKEN 1@RAM Awr M.W'M�i ;N:YKfI'I:N$vLGV"Wi; + r1„ tALYt N:Ci�GF/' i U: :CEtVN@AeSER LM^..LUYD;' ` 6LDRFASE - [!�[lY�L71A'E Y rrNNv. Nwwy. aAw � RRC^NLCRilTaIOYG tncw . E.c. GIGS\HE itKlCf LrotR .._. .......•- _. [TR+nR A !Southern Owners 12058499504 03/07/ 04 i 03/07/ 05 Rented Eq 750 , 000 GlGGRMTION blo�nnn,Tgrl;nicpunenc/vaNGyR/i%44NNRNR MiDEO GY ERG4RilMHI' ! VIGALMMNIGIOM _ BsxryOat : Indian River Ccuaty Bid 48045 Bartmmny Oaks Witigator (02macid) l ZadiAM UVOW County iQ listed at additional insured as it .xvelates to Eleneral Liability , *Except 10 day notice PoXr naa�pay canceft, tion . CERTIFICATE HOLMR CANCIELLUION I)gDIAt3'3 iNOw.GAlrvorsneAsowEoa� msllsrcNAam.'u`vnwoncTlwctnwTla» iATET1¢RBOF,7NF NBUNC 4NBiINEE W11,15QFAWRTD Ll�1L 30 • OATliiRITRN Indian ALVer Cwuntyl General Rorty CTntwS caTtlwl PTi uOLGiRMF i010 THEIiF r, "T FAUN TO rA 60 0141.6Services Lept , Purahaming Liv' Vers Ru►aUNDMIJOATnwaNUANU r0[ wvinNuuro 1W NOOLrMAQPISOR Vero Beach eaAVt h P'ZI 32960 RErsE[EaruNea. ACORD 25 (2061M) • ® . RD t r CAr111 `. � L 'J b"tR LI J 7 1 iY LVJJ [ IYU 11YJUM1. h1 iYLr NUa Z0 �t r , • .• a •go %rIm , i iFICM r � vr- �. , r►BILITY INE"W 'AN CE _. .. _ �MM�D,YYYY, (352) 732 -4550 03/04/2004 ', 352) 732 - Q132 THIS CERMI I , ET�gEq`Mq AE{iN" Lassi ng Insurance Agency , Inc . ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE 1124 SE 17th Avenue HOLRTEHIS FFOOES OT PSISOCa7i , Ft 34471 ALTER THE AFFORDED By THE OUCIRISELOW, INSURER$ AFFORDING COVERAGE MAIC # INSURED U awaha Farm EFA Ace American Insurance ' Co man y9200 Dadeland Blvd , IN9UREk2: Zenith Insurance anySte 705 INsuRec: IwtiaRri , FL 33156 1Naur�R Dr INSURER E: COVERAGES THE POLICIES OF INSI FANCE LISTED BELOW AVEBEIEN ISSUED TO THE INSURED ED ASWE FOR THE POLICY PEPJOC INDICATED. NOTW TH& ANOIN ANY RE6IUIREMENT. TERM OR CONDITION OF ANY CONTWwT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU =0 OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGbREQATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM, L TYPE OPaYSURANOE POUC'YNUMBEit� M DATE MMlD OMIT$ ' GENERAL LIASILrrr FO- 301907 11/0712003 11/07/2004 @DCH OOCURRENGE s X COMMERCIAL 411NERAL LIABILITY 0(90 000 CLAIMS M&AX - OCCUR E P ES ren 100 00 A MED Er {Any one aerem) E S . (in -- - PER$QNAL8ADV INJURY S ], 000 10 rRAL Aaacars S GZ , 000 , 000 SN'LA66RECATE LINK APPLI�$ PER; PROO(t� • COMP�rF ata„ S POun, F'I r4i r7 LOO I 2 000 , (N9 aU7 DM4RILC L"LrrY ANY AUTO COMBINEDBINGLE WAR � LEa aalaa+nl ALL MWED AUTOS 6CNEDULFDAI(T08 BODILY INJURY S H1IQYAAUTp� (Pat paraon) NONwOWNPDAUrOb BODILY INJURY y _ PROPERTY DAPAAQ S (Per aWdo..dR) GARAGE YAUTO A6ABIUTY ANA= ONLY . SAACCIOENT S EA ACC S QTHER THAN AUTO ONLY: AGG S RXCE3B1UMaRELLA uAelLrrY EACH OCCURIREWCE S ' OCCUR CLAIMS MADE AMREP,ATE S DEDU ,fTWIA $ RETENTION y S waR>tErffiaoMPeNSAtroNAND 2046x53704 03113/2603 03/13 /20(94s ' 6MrLOYERa uAs1LnY B I auvPa )PwETORmgA2046151705 03/13/20Q4 03/13/Z005 E.L. HACHACGIDENT i � s 54169 , 000 OPFICMIRR EXGLUD eYMMEEDT B ,At IV BION$ be ew ELDISE-48114AEMPLOY19 $ 5009000 01 1c.LDLgEAgE - PULI„^YL'M1T 8 500 , 000 LESCP.IPMON OF OP / NEMC " / ap(CLUM ADDED EfY EttOOR9 ENT t IAL, q reject Name : Indian River County Bid #6045 Harm ny Oaks Mititglation (Re-Bid) :ax to 772 . 770- 5140 oth WC p01icies shown , as the polity in farce at this time expires in 9 days CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBIM POLICIES 8E CANCELLED BEFORE THE ' EKPIRAnON IIATE THtREDP, THE ISSUING INSURERvnLL ENDEAVOR TO MAIL Indian River County 'C_ DAYS WRITTENNOTICETCTHECBRTmIgAT8HoumRKAM® Tb TME1-err, General Services Depte Purchasing Division BUT FA""MTOMAL sUCHWnCeSHALL IMPOSE NOOBu6ATIONORLIADfUTY 2625 19th Avenue OP MY VJND UPON THE INSURER, ITS AGENT& OR REPRESENTATIVES Vero Beach , FL 32960- 3335 a DRRLDREPRATTVE ACORID 25 (2009108) > SACORD CORPORATION 1988 BK : 1700 PG : 1005 r . Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE ULTIMORE Me KNOW ALL MEN BY THESE PRESENTS: That the PIDELrrY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Suite, of Maryland, by C . M. PECOT, JR. , Vice-President, and C. W. ROBBINS, Assistant Secretary , in pursuance of authority granted by Article ' VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint D , W . Matson , III and John W . Charlton , both of Miami , Florida , EACH . . . . . . . . . . . . . 0 , 110 WM Is agent ds Anorney-in-FaM, to make, execute, deliver on its behalf as surety, and u its as and deed: aaq and all bonand undertakings . , , , , e exmution of such bonds or ;proper of these shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if t =tied ledged by the regularly elected officers of the Company at iu office in Baltimore, Md. , in their s. Thi er of attorney revokes that issued on behalf of D . W . Matson , Iay 17 3 . The said Assistant Secretary does herebexma�orth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, an . �"ZvIN WITNESS WHEREOF, the said Vi �tis[bnt Secretary have hereunto subscribed their names and affixed the Corporate Seal a the said FIDELITY EPOSIT C()FtF) 3iY OF MARYLAND, this 16th _day of November p.D. 19 G��,j��"' FID AND COMPANY OF MARYLAND ATTEST: SEAL By OOOLA Mair I'dary - N r STATa OF MAMAND C4Inr1V OF BALTafmE On this 16th day of- November A.D. 19_93., before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-president and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the am=, and being by me duly swum, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the Preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ' W TU11MONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. I 9 CAROL J. FADER Notary PabGc My Commission Expires auvust 1 . 1996 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that die original Power of Attorney of which the foregoing is a full, true andcorrect copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Anomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Dirocters of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproducod.gignanue of arty Assistant Seeraary of the Company, whether made hensmfore or hereafter, wherever appearing upon a certified copy of-a*- Ovre of attorney issued by the Company, shall be valid and binding upon the Company with the name force and effect u rhopgp to xed. to IN TESTIMONY WHEREOF, I have hereunto naubscritiEd my+�samaricl affixed the corporate seal of the said Company, this 2nd _ day of MARCH , 20 "; I e rt Assininu Seerrrmy n14M 031-2074 wt r r A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK . . . . . EXMACT FROM BY LAWS OF FMFIMT AM . . authorized"Article V1. Section 2. The Chairman of ft Board, or the presiden% or any Exe=tivr Vice�President, or any of the Senior Vice- Presidents or Vice�Presidents; SPWWIY Dim= by and with the em=Tc= Of the Seeretaq or any One Of the Assistant SemmmVies, to appoint PeSident Vice-Presidents, Assistant Vice�PrWdents and AnoroeysAn-Fact as the business of the Company may rqwre, or to authorize any person or persons to exacute On behalf Of dw Company any bomb. underuddags. recopizances, stipulations, policies, ountracts, Weements7 dead I AW releases and assigurnents of judgements, decrees, =rVges and instruments in the nature of mor;gages, . . . and to affix the seal of the Company A TRUE COPY ON BARTON , CI ERK BK : 1700 PG : 1007 ZURICH iTHIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. ' Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is ' $_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of direct earned premium in the prior year, for 2003 , 7% of direct earned premium in the prior year; for 2004, 105/6 of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $ 100 billion in any one calendar year. Definition of Act of Terrorism ' The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1 . to be an act of terrorism; ' 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3 . to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. ' But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers ' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 ' -0050749.doc ' STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE . , % &C UNTO,, J. K. BA TON CLERK a � p= BY ' 4 ;� l ' b • o D PUTYCLERK DATE �14111y„N\\N\\ SECTION 00622 — CONTRACTOR' S APPLICATION FOR PAYMENT t FOR PART 1 OF THE CONTRACT Revised January 9 , 2004 per Addendum No 1A 1 Application for Payment No . For Work Accomplished through the period of through ' To : Indian River County (OWNER) From : (CONTRACTOR) Contract: HARMONY OAKS MITIGATION PROJECT — PART 1 OF THE CONTRACT OWNER's Contract No . 9219A ENGINEER's Contract No . ENGINEER: Indian River County Public Work's Department ' 1 . Original Contract Price for PART 1 of the Contract: 2 . Net change by Change Orders and Written Amendments (+ or -) : ' 2 . a Change Order No . 1 ($ ) 2 . b Change Order No . 2 ($ ) 2 . c Change Order No . 3 ($ ) ' 2 . d Change Order No . 4 ($ ) 2 . e Total change in Contract Price (2 . a + 2 . b + . . . 2 . n ) ($ ) 3 . Current Contract Price ( 1 plus 2e ) : $ ' 4 . Total Work to date : 4 . a Percentage of Work completed to date : 4 . b Total Work completed to date : $ ' 4 . c Total equipment and material stored to date : $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ ' 5 . Retainage ( per Agreement) : 5 . a 10 % of completed Work (0 . 10 x 4 . b ) : ' 5 . b 20 % of stored equipment and material (0 . 20 x 4 . c) : 5 . c Total Retainage (5 . a plus 5 . b ) : $ 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ 8 , AMOUNT DUE THIS APPLICATION 6 minus 7) : $ ' ( 1 ) Attach detailed schedule and copies of all paid invoices . CONTRACTOR' S CERTIFICATION : ' UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that 1 the labor and materials listed on this request for payment have been used in the ' construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work , materials and equipment incorporated in ' said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER ' indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Addendum #1 - 00622 - Contractor's Application for Payment - Part 1 00622 - 1 F.\Public WorksWeithmStormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\Hddendum #1 - 00622 - Contractor's Application for Payment - Part 1 .doc Rev. 05/01 Work covered by this Application for Payment is in accordance with the Contract ' Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have ' been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: (CONTRACTOR) ' STATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of , 20_ ' Notary Public , State of Florida ' My Commission Expires : ' Accompanying Documentation : ' NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- payments) have been satisfied and a "Lien Waiver" for each "Notice " has been ' submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive ' payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " ' [The Remainder of This Page Was Left Blank Intentionally] Addendum #1 - 00622 - Contractor's Application for Payment - Part 1 ' 00622 - 2 F:\Publie WorksU(eithM\Stomwoater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract DocumentSWddendum #1 - 00622 - Contractor's Application for Payment - Part 1 .doc Rev. 05/01 Unit W%*T�7 7- I.To"T , Quantity Percent Amount DESCRIPTION • PricewValues I Completed complete Completed a� ' � r' €� E ;` ,?-.4x�a.3�,3� .*,.E"k,'aaE"€i 9:*-i;� a N -. '.'€; rt.;,�,,✓��€€`E�.�jE ;.+„...w,�.re.�'..,;. Amount , E ,,T ., ` • Stored 3� fl ' - 10 , ; , .OWN'M a � s OMM4 GENERAL ITEMS E WE . BR ' :a'a`Euvaa %<; ¢v»and;; ,,..�x .��6<-• EE n 1Maintenance of - ® � - Performance Bond 1 • Survey WorkMIN — Insurance Coverager � ® to ' k . �"!,',.E;E aE r . 1 awl - &V wxz • • • • - -_ ®� _ Liability I'll ' 1 - ; „ EARTHWORK Prevention , Control and Abatement of Erosion and Water Pollution From 1Construction Site and the Contractor'sr , Activities ; a Installation I 1WARNSTENTM 1 • • • mom Grading Restoration Area Zones A, B , = and C mom ; Hand-clear exotics from Enhancement WArea mom we 1 MEMO= 1 MUM a� ,. J, .. • • • - • 11 . • • • • • • - 11 • DESCRIPTION 1111RIMMIMIX Quantity Amount Values Completed Completed Amount • • Stored Saw Palmetto — 3 gallon , Uly rooted , .minimum 12" tall • ME i • • . • — �® . $I •F re F R. r,i I M;A rem PA no= � Swamp Gallon '.Chain Fern " 1 Gallon —� � • Wild Coffee - 1 Gallon ,Wax Myrtle — 3' to Jr' tall , 7 gallon • R ' • Maples — i • gallon —� • • —.— i R ' • i i to 109 tall , 15 gallon —� • • — Laureli • O' tall , gallon —� • • — _ Gallon .� —®® MMA - s. ,;�, , ss .,�t�a�;x � f§� ��.. ;:';'- ' mca, __..cTRcfss , v.... s . z�,sII . - k .�.. . ... :,_r e=�4� .f�.. `:EfiY: x .. ', ',l3YG- .}'dL t E? .BEET aev sli3 ; bs ® �MISCELLANEOUS e;T 3: �'Sfh3.,n»' sT ' ' €�. . . & L � `j _� :'`;:tea' '` MM C4instruction Contingency .,,. . 3MWO TAL FOR PART 1 'T( I � a s -»ra `1 ' , x s � aQ'E ail tEiEpl' � • � � - ; ' I • • '. �a� s` �s � � :. ;: � r� E � s gam . _ S ' 11 ♦ • • • • ♦ � • ♦ vegetationMulch exotic mulched vegetation into the ground to a LS , 1 minimum • inches • • • , :. iF�t 5it, E. •:: , ,Y ., » � _ ., 3 € E • - • CONTRACTConstruction Contingency shall be as approved by the ENGINEER NOTE : TOTAL SCHEDULE OF VALUES AMOUNT SHOULD EQUAL THE CURRENT END OF SECTION Addendum 11 . • • • . . 00622lication for Payment - Part SECTION 00623 - CONTRACTOR' S APPLICATION FOR PAYMENT FOR PART 2 OF THE CONTRACT - FIVE -YEAR MAINTENANCE OF WETLAND MITIGATION AREA Application for Payment No , For Work Accomplished through the period of through To : Indian River County (OWNER) ' From : ( CONTRACTOR ) Contract : HARMONY OAKS MITIGATION PROJECT — PART 2 OF THE CONTRACT OWNER's Contract No . 9219A ENGINEER's Contract No . ' ENGINEER: Indian River County Public Work's Department 1 . Original Contract Price for PART 2 of the Contract: $ 2 . Net change by Change Orders and Written Amendments (+ or 2 . a Change Order No . 1 ($ ) 2 . b Change Order No . 2 ($ ) 2 . c Change Order No . 3 ($ ) 2 . d Change Order No . 4 ($ ) 2 . e Total change in Contract Price (2 . a + 2 . b + . . . 2 . n ) ($ ) 3 . Current Contract Price ( 1 plus 2e ) : $ 4 . Total Work to date : 4 . a Percentage of Work completed to date : % 4 . b Total Work completed to date : $ 4 . c Total equipment and material stored to date : $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage (per Agreement): 5 . a 10 % of completed Work (0 . 10 x 4 . b) : ' 5 . b 20% of stored equipment and material (0 . 20 x 4 . c) : $ 5 . c Total Retainage (5 . a plus 5 . b ) : $ 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ 8 . AMOUNT DUE THIS APPLICATION 6 minus 7) : $ ' ( 1 ) Attach detailed schedule and copies of all paid invoices . ' CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers ' except as listed below; (2 ) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; ( 3 ) all 00623 - Contractor's Application for Payment - Part 2 00623 - 1 F :\Public Works\KeithM\Slomrvater Projects\Fiarnany Oaks Mitigation Project\Construcbon Contracl\Bidding and Construction Contract Documents\00623 - Contractors Application for Payment - Part 2.doc Rev. 05/01 Work covered by this Application for Payment is in accordance with the Contract ' Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: (CONTRACTOR ) STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of 120 Notary Public State of Florida My Commission Expires : Accompanying Documentation . NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non - payments) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment" or "Notice to Owner. " ' [The Remainder of This Page Was Left Blank Intentionally] 00623 - Contractor's Application for Payment - Part 2 00623 - 2 F:\Public Works\KeithM\Stomnvater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00623 - Contractor's Application for Payment - Part 2.doc Rev. 05/01 MAMMAx -, _ 5' MWI ® . • WE . t' L 01 t T a � ( t ,. - � � t ;;; us w1 � t.. . ", '. - , .0 : - 1 S '�' a ��2E&�'iE 1 "^«' � • h,3� �> BEE ddd???�,,,SSS(''' fee • • • • SECTION 00632 - CONTRACTOR' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) STATE OF ' COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state , did on the day of 920 , enter into a contract for the performance of certain work , more particularly described as follows : HARMONY OAKS MITIGATION PROJECT INDIAN RIVER COUNTY PROJECT #9219A UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . ' 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632 — Contractor's Final Certification of the Work 00632- 1 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and ' Construction Contract Documents\l)l)632 - Contractor's Final Certification .doc t5 . The Work is complete and ready for final acceptance ce by the OWNER. ' 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER. ' (Corporate Seal ) ' ( Contractor) By: ' Subscribed and sworn to before me this _ day of , 20 ' Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 1 r i ' 00632 — Contractor's Final Certification of the Work 00632-2 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00632 - Contractor's Final Certification .doc r SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER' S r CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER ' RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by r (insert name of CONTRACTOR) ' who is the CONTRACTOR for the following Project: rHARMONY OAKS MITIGATION PROJECT INDIAN RIVER COUNTY PROJECT #9219A rI FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work rwas performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. r r r rattach additional sheets( ee s as necessary) ( SURVEYOR'S SEAL ) CERTIFIED BY: Printed Name : Florida Professional Surveyor and Mapper Registration Number: ' Date Signed and Sealed by Professional Surveyor and Mapper: r Company Name : Company Address : rTelephone Number: + + END OF SECTION + + r00634- 1 F :\Public Works\KeithM\stormwater Projects\Harmony Oaks Mitigation Project\Construction Contractoidding and rConstruction Contract Documents\00634 - Professional Surveyor's Certification .doc This document has important legal consequences ; consultation with an attorney is encouraged with respect to its use or ' modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS i OF THE CONSTRUCTION CONTRACT Prepared by ' ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE ' a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL ' AMERICAN SOCIETY OF CML ENGINEERS This document has been approved and endorsed by The Associated General [seal] Contractors of America Construction Specifications Institute [seal] ' These General Conditions have been prepared for use with the Owner-Contractor Agreements o . 1910-8-A- 1 or 1910-8- gr � A-2) ( 1996 Editions) . Their provisions are interrelated and a change in one may necessitate a change in the other. ' Comments concerning their usage are contained in the EJCDC User' s Guide (No. 1910-50) . For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No . 1910- 17) ( 1996 Edition) . EJCDC No . 1910-8 ( 1996 Edition) r r r r r r r r r r . . r r r r ' Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 rAmerican Consulting Engineers Council 1015 15th Street N.W ., Washington, DC 20005 ' American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 1 00700-2 ' Standard General Conditions of the Construction Contract PROJECT ' TABLE OF CONTENTS 1 Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00 . . . . 0 6 . . . . . . . . . . . . . . 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 .02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 .02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' 2 .03 Commencement of Contract Times; Notice to Proceed . . . " , , . , . , , " . . 00 0 0 . . . . . . . 1 0 . . . . 1 . 9 2 .04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 . 06 Preconstruction Conference . " " , " . . , , . , . , . . . 0 0 06 0 0 0 * * * do * 0 0 00 6 . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 1 0 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE ' POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 .04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ' 4 .06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .01 Performance, Payment, and Other Bonds , . . . . . . . . . . . . . . . 000 . . . . . . . . . . . . . . . 0000 - oo . . . . . . . . . 000 . . . . . . . . . . . 0 . . . . 16 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1 5 .05 OWNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1 5 . 08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 .09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 .04 Progress Schedule, , , , , , , , , , , , . , . . . . . . . 0 . . . . . . . 00 . 0 * . 6 # # . . . . . . . . . . . . . " I . . . 000 . 011 , . . . . . . . . . . . . . . . . . . . . . . . . . o . - oo . . . . . . . . . . . o . . o . . . 20 6. 05 Substitutes and "Or-Equals ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . 0 . . . . . . . . . . . 0 . 0 . . . . . . . 0 . . . 20 1 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 00700-3 1 Standard General Conditions of the Construction Contract PROJECT ' 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * dome . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 00 . . . . . . . . . . . . . . . 1 . 23 . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 6 .09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . a . . . . . . . . . . . . . . . . . . . 0 . : . . 00 . . . . 00 . . . . . . . . . . . . . . . . . . . 23 6. 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 24 6. 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . 25 6 . 18 Continuing the Work , a . I I I I I I I 1 0 . I I a a a . 0 0 0 0 0 , . . 0 0 0 1 . . I I I I . I I I I I . 1 0 0 a . . 0 0 6 6 . . 0 a a . I I I I I I I . I I I I . I I a 0 a . . . * , * . . . . . . . . " I . . . . . . 0 . 04 . . . . . I I . . . . 0 . 26 6. 19 CONTRACTOR 's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6.20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.01 Related Work at Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 000 . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . 27 7 .02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 8 - OWNER' S RESPONSIBILITIES , . I I & . I I I I I I . I 1 0 a 0 0 a 0 . 9 0 0 0 6 . . . I . I . . . . . . . . . . 28 8 .01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1 8 . 02 Replacement of ENGMEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 05 Lands and Easements, Reports and Tests , " . . , , . , , . . , , , . . . . . . . . . . . . . . . 06 . . . of ' s . . . . 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 .06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . 29 8 . 07 Change Orders . , . . , , , , , " , , . . . to . . . . . * 041 , . . . . I ' ll . . . . 10 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 .08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 ' 8 .09 Limitations on 0WNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . 29 8 . 10 Undisclosed Hazardous Environmental Conditions . , , . . . . . " I . . . . * at . . . . . . . . * * a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 .02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 . 66 . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 .05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . 4 . 11 , 111 , 11 , . . . . . . . . goo * * , . . . . . . . . . . . . . . . . . . 30 ' 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . 1 . 30 9.07 Shop Drawings, Change Orders and Payments , . , " . . . . . . . . so * . . . . . . .al " . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . a * . . . . . . . . . . . . . . . . 30 9 .09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ' 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ' 10 . 01 Authorized Changes in the Work . , , . " . . . . . . . . . . . . 0 . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . me * , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10. 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10. 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10 .04 Notification to Surety . . . . I I I I I I . I I . 6 . . . . . . . I . I I . . . . . . . . . . 1100006 , . * . . . . . . . . . . . . . . . . . . . . . . . . m a . . . . . . . . . . . . . . . . . . . . 31 10. 05 Claims and Disputes , , , , , , , , , " . , . . . . . . . . . . . . . . . . . 0 0 of . . . games . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ' 11 . 01 Cost of the Work, , , , . , , , , , , " " . . . . . I . . . . sees ' s . . . . . . . . . . . . . . . . . . . . goo . , . . . . * * a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . I . . . . . . . . . . . . . . . . . . . . . . . . 32 11 .02 Cash Allowances . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 00700-4 Standard General Conditions of the Construction Contract PROJECT ' ARTICLE 12 be CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 .01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . I . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 12 . 02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12 .03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12 .04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0111 . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 13 be TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . 13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 .02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pee . . . . . . . . . . . . . . o . . . 37 13 .04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 .05 OWNER May Stop the Work, . . . . . . . . 0 , 0 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . 00 . 11 , . . . . 0011 . 0 . 0 . . . . . oo . - oo . . . . . . . . . . . . . oo . . . . . . . . . . . . . . . . . . 37 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 13 .07 Correction Period . . . I I I I 1 0 1 1 1 1 1 . . . . . 0 . . . . . . . . . . . 0 . 0000 . 0 . 000 . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . POP , . . . . . $ * too . . . . 0 . . . . . . . 0 0 . . . . . 38 ' 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 0 . 38 13 .09 OWNER May Correct Defective Work . . , 0 0 00 , . 0 . . . . . . . . . Poe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o o . . . o . 00 . . . . o 38 ' ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14.01 Schedule of Values , , , , , , , . . . . . . . . . . . . . . 0 1 1 . . . . . . o . . . Poo , . * . . . 000 . . , . . . . . . . . . . . . . . . . o . . . . . . . . Poo . . . . . 39 14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 14 .03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 .04 Substantial Completion . , P 0 1 1 1 . I . . . . . . . . . . . . . . . . . . . . 6 0 . 0 . I I . 1 0 & 0 . . . . . o . . . . . . . . . . . . . . . oo . . . . . . 41 14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 .06 Final Inspection . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ' 14 .07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 . 09 Waiver of Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE 15 to SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 43 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 .02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . 43 ' 15 . 03 OWNER May Terminate For Convenience , . . , , 1 , " . . 0 . 1 & * . . . . . . . . . . . . . . . . . . oo - o - 0000 - o . . . . . . . . . . . . . . . . . . . . . . PP . , . . . . . . . . . . . . . . . 44 15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ' ARTICLE 16 be DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0000 . . . . . . . . 45 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 45 ARTICLE17 be MISCELLANEOUS . , , , " , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 17 . 01 Giving Notice . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 45 17 .02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 17. 03 Cumulative Remedies. . . . . 0 . . . . . . . . . . . . . . . . . . 11 . . . . . I ' ll . . . . . . . . o . . o . . . . . . . . . . . . . . . 0 . 45 ' 17 . 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 17 .05 Controlling Law , , , , . . , . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . * , be . . . . . . . . . . . . o . . . . . . . . . . . o . - o . . . . . . . . . . . . . . oo45 00700-5 Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS ' NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS . IN THESE INSTANCES THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE, ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 8 . Bonds--Performance and payment bonds and other instruments of security. ' 1 . 01 Defined Terms 9 . Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and A. Wherever used in the Contract Documents and OWNER and authorizes an addition, deletion, or revision in printed with initial or all capital letters, the terms listed the Work or an adjustment in the Contract Price or the below will have the meanings indicated which are Contract Times, issued on or after the Effective Date of the applicable to both the singular and plural thereof. Agreement. ' 1 . Addenda--Written or graphic instruments 10. Claim--A demand or assertion by OWNER or issued prior to the opening of Bids which clarify, correct, or CONTRACTOR seeking an adjustment of Contract Price or change the Bidding Requirements or the Contract Contract Times, or both, or other relief with respect to the ' Documents . terms of the Contract. A demand for money or services by a third party is not a Claim. 2 . Agreement--The written instrument which is ' evidence of the agreement between OWNER and 11 . Contract--The entire and integrated written CONTRACTOR covering the Work. agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 3 . Application for Payment--The form negotiations, representations, or agreements, whether ' acceptable to ENGINEER which is to be used by CON- written or oral. TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied 12 . Contract Documents--The Contract Docu- ' by such supporting documentation as is required by the ments establish the rights and obligations of the parties and Contract Documents. include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR' s Bid (including docu- 4 . Asbestos--Any material that contains more mentation accompanying the Bid and any post Bid ' than one percent asbestos and is friable or is releasing documentation submitted prior to the Notice of Award) asbestos fibers into the air above current action levels when attached as an exhibit to the Agreement, the Notice to established by the United States Occupational Safety and Proceed, the Bonds , these General Conditions, the Health Administration. Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the 5 . Bid--The offer or proposal of a bidder submit- Agreement, together with all Written Amendments, Change ted on the prescribed form setting forth the prices for the Orders, Work Change Directives, Field Orders, and ' Work to be performed. ENGINEER' s written interpretations and clarifications issued on or after the Effective Date of the Agreement. 6, Bidding Documents--The Bidding Approved Shop Drawings and the reports and drawings of ' Requirements and the proposed Contract Documents (in- subsurface and physical conditions are not Contract cluding all Addenda issued prior to receipt of Bids) . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files in 7 . Bidding Requirements--The Advertisement or electronic media format of text, data, graphics, and the like ' Invitation to Bid, Instructions to Bidders, Bid security form, that may be furnished by OWNER to CONTRACTOR are if any, and the Bid form with any supplements . not Contract Documents . 00700-6 ' Standard General Conditions of the Construction Contract PROJECT ' 13 . Contract . Price--The moneys payable by danger to persons or property exposed thereto in connection OWNER to CONTRACTOR for completion of the Work in with the Work. accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 .03 in 24. Hazardous Waste--The term Hazardous the case of Unit Price Work) . Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903 ) as ' 14 . Contract Times--The number of days or the amended from time to time. dates stated in the Agreement to : (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready 25 . Laws and Regulations; Laws or Regulations-- for final payment as evidenced by ENGINEER's written Any and all applicable laws, rules, regulations, ordinances, ' recommendation of final payment. codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. A new sentence has been added at the end of Paragraph ' 1 .01 .A. 15. See the Supplementary Conditions. 26 . Liens--Charges, security interests, or 15 . CONTRACTOR—The individual or entity with encumbrances upon Project funds, real property, or personal whom OWNER has entered into the Agreement. property. ' 16. Cost of the Work--See paragraph I LOLA for 27. Milestone--A principal event specified in the definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the ' 17 . Drawings--That part of the Contract Work. Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the 28 . Notice of Award--The written notice by ' Work to be performed by CONTRACTOR. Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful bidder with Drawings as so defined. the conditions precedent listed therein, OWNER will sign ' 18 . Effective Date of the Agreement--The date and deliver the Agreement. indicated in the Agreement on which it becomes effective, 29 . Notice to Proceed--A written notice given by but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. 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 20 . ENGINEER 's Consultant--An individual or the Agreement and for whom the Work is to be performed. ' entity having a contract with ENGINEER to finnish services as ENGINEER' s independent professional 31 . Partial Utilization--Use by OWNER of a associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for is identified as such in the Supplementary Conditions. which it is intended (or a related purpose) prior to ' 21 . Field Order--A written order issued by Substantial Completion of all the Work. ENGINEER which requires minor changes in the Work but 32 . PCBs--Polychlorinated biphenyls . ' 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 conditions of 22 . General Requirements--Sections of Division temperature and pressure (60 degrees Fahrenheit and 14 . 7 1 of the Specifications . The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, to all sections of the Specifications . fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils . ' 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, 34 . Project--The total construction of which the Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial 00700 - 7 t be the whole, or a part as may be indicated elsewhere in the and "substantially completed" as applied to all or art of the PP P Contract Documents . Work refer to Substantial Completion thereof. ' 35 . Project Manual--The bound documentary 44 . Supplementary Conditions--That part of the information prepared for bidding and constructing the Contract Documents which amends or supplements these Work. A listing of the contents of the Project Manual, General Conditions. ' which may be bound in one or more volumes, is contained in the table(s) of contents . 45 . Supplier--A manufacturer, fabricator, suppli- er, distributor, materiahnan, or vendor having a direct 36 . Radioactive Material--Source, special nucle- contract with CONTRACTOR or with any Subcontractor to ar, or byproduct material as defined by the Atomic Energy finnish materials or equipment to be incorporated in the Act of 1954 (42 USC Section 2011 et seq.) as amended Work by CONTRACTOR or any Subcontractor. from time to time. ' 46. Underground Facilities--All underground 37 . Resident Project Representative--The autho- pipelines, conduits, ducts, cables, wires, manholes, vaults , rized representative of ENGINEER who may be assigned to tanks, tunnels, or other such facilities or attachments, and ' the Site or any part thereof. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum 38 . Samples--Physical examples of materials, products, telephone or other communications, cable equipment, or workmanship that are representative of some television, water, wastewater, storm water, other liquids or portion of the Work and which establish the standards by chemicals, or traffic or other control systems . which such portion of the Work will be judged. 47 . Unit Price Work--Work to be paid for on the t 39. Shop Drawings--All drawings, diagrams, basis of unit prices . illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48 . Work--The entire completed construction or TRACTOR and submitted by CONTRACTOR to illustrate the various separately identifiable parts thereof required to ' some portion of the Work. be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, 40 . Site--Lands or areas indicated in the Contract services, and documentation necessary to produce such ' Documents as being finnished by OWNER upon which the construction, and furnishing, installing, and incorporating Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands fiunished required by the Contract Documents . by OWNER which are designated for the use of ' CONTRACTOR. 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of 41 . Specifications--That part of the Contract the Agreement and signed by OWNER and recommended ' Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and workmanship in the Work, or responding to differing or unforeseen as applied to the Work and certain administrative details subsurface or physical conditions under which the Work is applicable thereto . to be performed or to emergencies. A Work Change ' Directive will not change the Contract Price or the Contract 42 . Subcontractor--An individual or entity having Times but is evidence that the parties expect that the change a direct contract with CONTRACTOR or with any other ordered or documented by a Work Change Directive will be ' Subcontractor for the performance of a part of the Work at incorporated in a subsequently issued Change Order the Site . following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times . 43 . Substantial Completion--The time at which ' the Work (or a specified part thereof) has progressed to the 50. Written Amendment--A written statement point where, in the opinion of ENGINEER, the Work (or a modifying the Contract Documents, signed by OWNER and specified part thereof) is sufficiently complete, in CONTRACTOR on or after the Effective Date of the accordance with the Contract Documents, so that the Work Agreement and normally dealing with the nonengineering or (or a specified part thereof) can be utilized for the purposes nontechnical rather than strictly construction-related aspects for which it is intended. The terms "substantially complete" of the Contract Documents. ' 00700 - 8 r ' 1 . 02 Terminology " "pie � >,i eener-aea •� A. Intent of Certain Terms or Adjectives ep 2 , The word "4istall, " whan used in cvraxee 1 . Whenever in the Contract Documents the lien 3A '+,, senziees, Fnaterzials, eF equipment, shy}, terms "as allowed," "as approved," or terms of like mean to put into use er plaee in fHm! pesition said. effect or import are used, or the adjectives "reasonable," " eemplete and suitable," _ s,"acceptable," "proper," "satisfactory," or read • c- intended adjectives of like effect or import are used to describe ' an action or determination of ENGINEER as to the 3—The verds-�e� €R or-'!pr when Work, it is intended that such action or determination used in -c m eetien %4th seFviEes, materials , eF will be solely to evaluate, in general, the completed Pqu�p Bel# "h^ n mean to a >, a install Work for compliance with the requirements of and rmter-ials, or- equipment eefMlete-and-fe� information in the Contract Documents and confor- r ..+ - . ended mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Paragraph DA has been deleted in its entirety. ' Contract Documents (unless there is a specific statement �x� a „ «eta}} „ « .-F „ or- « pro indicating otherwise) . The use of any such term or vide" is net usea in eenneeti adjective shall not be effective to assign to ENGINEERrr,�tE+ri� k �r , ,�„„y + + le _,. any duty or authority to supervise or direct the an obligatien of G01N9 AGTOP�, '!pr- evide" is performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. 10 or any other provision of the Contract E. Unless stated otherwise in the Contract Docu- Documents. ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the B . Day Contract Documents in accordance with such recognized ' 1 . The word "day" shall constitute a meaning. calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS ' C. Defective 2 . 01 Delivery of Bonds 1 . The word "defective," when modifying ' the word "Work," refers to Work that is A. When CONTRACTOR delivers the executed unsatisfactory, faulty, or deficient in that it does not Agreements to OWNER, CONTRACTOR shall also deliver conform to the Contract Documents or does not to OWNER such Bonds as CONTRACTOR may be ' meet the requirements of any inspection, reference required to furnish. standard, test, or approval referred to in the Contract Documents, or has been damaged prior to 2 . 02 Copies of Documents ENGINEER' s recommendation of final payment ' (unless responsibility for the protection thereof has A. OWNER shall furnish to CONTRACTOR up to been assumed by OWNER at Substantia} ten copies of the Contract Documents. Additional copies Completion in accordance with paragraph 14.04 or will be finnished upon request at the cost of reproduction. 14. 05 ) . 2 . 03 Commencement of Contract Times; Notice to Paragraphs D. 1 , 2 and 3 have been deleted and replaced Proceed ' by new paragraphs. See the Supplementary Conditions. D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if 1 . The weFd "€umis " when used in a Notice to Proceed is given, on the day indicated in the ' Notice to Proceed. A Notice to Proceed may be given at shall raean to supply and deliver- d any time within 30 days after the Effective Date of the materials, equipment + +' Site � +' Agreement. In no event will the Contract Times commence z r � ' to run later than the sixtieth day after the day of Bid opening 00700 - 9 ' or the thirtieth day after the Effective Date of the Paragraph 2 .05.0 has been deleted and replaced with a Agreement, whichever date is earlier. p new paragraph. See the Supplementary Conditions. ' 2 . 04 Starting the Work Site is staFted, GONT-R A GTO a 03, ,,,M shall , deliver- to the A. CONTRACTOR shall start to perform the Work ide ficeat e'' . , di rtifi r �� rr , ' on the date when the Contract Times commence to run. No insum a Sana other- e • aeaee r •nsuranee L • , , Work shall be done at the Site prior to the date on which the them er- any additional insufed may reasonably r-equeso Contract Times commence to run. ' required t ,-pwehase- and maintain in aeeerdanee3A4th 2 . 05 Before Starting Construction AFtiele 5 . A. CONTRACTOR 's Review of Contract Documents: Paragraph 2.06.A has been deleted and replaced with a Before undertaking each part of the Work, new paragraph. See the Supplementary Conditions. CONTRACTOR shall carefully study and compare the 2 . 06 Pre-construction Conference Contract Documents and check and verify pertinent figures therein and all applicable field measurements. �3diia20 aaTo aacz the G oxtiQact T mCs -5{ai{ to CONTRACTOR shall promptly report in writing to FUR, but befer-e any bee -- Work at the Site is . ft a r nee ENGINEER any conflict, error, ambiguity, or discrepancy �� , and others as which CONTRACTOR may discover and shall obtain a appropriate 3A411 be held te establish a myoFking written interpretation or clarification from ENGINEER under-standing rP -among-the-parties as to the �x ',-oxo before proceeding with any Work affected thereby; dise-uss the soba , r-efeFFed . in paragraph 2 . 05 .B-, however, CONTRACTOR shall not be liable to OWNER pFeeedums €er haFAing—Shop DF&v Ings—and e43 or ENGINEER for failure to report any conflict, error, subffittals, pFeeessing—Applicatiens for- Pa5swnt, aad ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. 2 . 07 Initial Acceptance of Schedules B . Preliminary Schedules: Within ten days after the A. Unless otherwise provided in the Contract Docu- Effective Date of the Agreement (unless otherwise specified ments, at least ten days before submission of the first in the General Requirements), CONTRACTOR shall Application for Payment a conference attended by CON- submit to ENGINEER for its timely review: TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1 . a preliminary progress schedule indicat- below the schedules submitted in accordance with ' ing the times (numbers of days or dates) for starting paragraph 2 .05 .13 . CONTRACTOR shall have an and completing the various stages of the Work, additional ten days to make corrections and adjustments and including any Milestones specified in the Contract to complete and resubmit the schedules. No progress ' Documents; payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 2 . a preliminary schedule of Shop Drawing and Sample submittals which will list each required 1 . The progress schedule will be acceptable submittal and the times for submitting, reviewing, to ENGINEER if it provides an orderly progression and processing such submittal; and of the Work to completion within any specified Milestones and the Contract Times . Such accep- t 3 . a preliminary schedule of values for all of tante will not impose on ENGINEER responsibility the Work which includes quantities and prices of for the progress schedule, for sequencing, schedul- items which when added together equal the Contract ing, or progress of the Work nor interfere with or Price and subdivides the Work into component parts relieve CONTRACTOR from CONTRACTOR' s in sufficient detail to serve as the basis for progress full responsibility therefor. payments during performance of the Work. Such prices will include an appropriate amount of 2. CONTRACTOR' s schedule of Shop ' overhead and profit applicable to each item of Drawing and Sample submittals will be acceptable Work. to ENGINEER if it provides a workable arrangement for reviewing and processing the ' required submittals . 00700 - 10 OWNER, ENGINEER, or any of ENGINEER' s 3 . CONTRACTOR' s schedule of values Consultants, agents, or employees any duty or will be acceptable to ENGINEER as to form and authority to supervise or direct the performance of substance if it provides a reasonable allocation of the the Work or any duty or authority to undertake Contract Price to component parts of the Work. responsibility inconsistent with the provisions of the Contract Documents . ' ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, 3 . 03 Reporting and Resolving Discrepancies AMENDING, REUSE A. Reporting Discrepancies 3 . 01 Intent 1 . If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- t A. The Contract Documents are complementary; guity, or discrepancy within the Contract Documents what is called for by one is as binding as if called for by all. or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the ' performance of the Work or of any standard, B . It is the intent of the Contract Documents to specification, manual or code, or of any instruction describe a functionally complete Project (or part thereof) to of any Supplier, CONTRACTOR shall report it to be constructed in accordance with the Contract Documents. ENGINEER in writing at once. CONTRACTOR Any labor, documentation, services, materials, or equip- shall not proceed with the Work affected thereby ment that may reasonably be inferred from the Contract (except in an emergency as required by paragraph Documents or from prevailing custom or trade usage as 6 . 16.A) until an amendment or supplement to the ' being required to produce the intended result will be Contract Documents has been issued by one of the provided whether or not specifically called for at no methods indicated in paragraph 3 .04 ; provided, additional cost to OWNER. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any ' C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy unless Documents shall be issued by ENGINEER as provided in CONTRACTOR knew or reasonably should have Article 9. known thereof. 3 . 02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise specifically ' Regulations stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 1 . Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, organiza- discrepancy between the provisions of the Contract tion, or association, or to Laws or Regulations, Documents and: whether such reference be specific or by implication, shall mean the standard, specification, manual, a. the provisions of any standard, ' code, or Laws or Regulations in effect at the time of specification, manual, code, or instruction opening of Bids (or on the Effective Date of the (whether or not specifically incorporated by Agreement 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 Regulations applicable to the performance of the 2 . No provision of any such standard, Work (unless such an interpretation of the provi- specification, manual or code, or any instruction of a sions of the Contract Documents would result in Supplier shall be effective to change the duties or violation of such Law or Regulation) . responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- 3 . 04 Amending and Supplementing Contract tants, agents, or employees from those set forth in Documents the Contract Documents, nor shall any such provision or instruction be effective to assign to 00700 - 11 A. The Contract Documents may be amended to result of any delay in OWNER' s furnishing the Site, provide for additions, deletions, and revisions in the Work CONTRACTOR may make a Claim therefor as provided in or to modify the terms and conditions thereof in one or paragraph 10.05 . more of the following ways : (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record B . The requirements of the Contract Documents may legal title and legal description of the lands upon which the be supplemented, and minor variations and deviations in the Work is to be performed and OWNER' s interest therein as Work may be authorized, by one or more of the following necessary for giving notice of or filing a mechanic's or ways : (i) a Field Order; (ii) ENGINEER's approval of a construction lien against such lands in accordance with Shop Drawing or Sample; or (iii) ENGINEER' s written applicable Laws and Regulations . interpretation or clarification. C. CONTRACTOR shall provide for all additional 3 . 05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- A. CONTRACTOR and any Subcontractor or ment. Supplier or other individual or entity performing or finnishing any of the Work under a direct or indirect 4 .02 Subsurface and Physical Conditions contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, A. Reports and Drawings: The Supplementary Specifications, or other documents (or copies of any Conditions identify: thereof) prepared by or bearing the seal of ENGINEER or ENGINEER ' s Consultant, including electronic media 1 . those reports of explorations and tests of editions ; and (ii) shall not reuse any of such Drawings, subsurface conditions at or contiguous to the Site Specifications, other documents, or copies thereof on that ENGINEER has used in preparing the Contract extensions of the Project or any other project without Documents ; and written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This 2 , those drawings of physical conditions in prohibition will survive final payment, completion, and or relating to existing surface or subsurface struc- acceptance of the Work, or termination or completion of the tures at or contiguous to the Site (except Contract. Nothing herein shall preclude CONTRACTOR Underground Facilities) that ENGINEER has used from retaining copies of the Contract Documents for record in preparing the Contract Documents . purposes . B . Limited Reliance by CONTRACTOR on Technical ' A new Section, 3 .06 — "Coordination of Plans, Data Authorized: CONTRACTOR may rely upon the Specifications, and Special Provisions" has been added. general accuracy of the "technical data" contained in such See the Supplementary Conditions. reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in ARTICLE 4 - AVAILABILITY OF LANDS ; the Supplementary Conditions . Except for such reliance on SUBSURFACE AND PHYSICAL CONDITIONS ; such "technical data," CONTRACTOR may not rely upon REFERENCE POINTS 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 and ' drawings for CONTRACTOR' s purposes, including, A. OWNER shall furnish the Site. OWNER shall but not limited to, any aspects of the means, notify CONTRACTOR of any encumbrances or restrictions methods, techniques, sequences, and procedures of not of general application but specifically related to use of construction to be employed by CONTRACTOR, the Site with which CONTRACTOR must comply in and safety precautions and programs incident performing the Work. OWNER will obtain in a timely thereto ; or manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- 2 , other data, interpretations, opinions , and TRACTOR and OWNER are unable to agree on entitle- information contained in such reports or shown or ment to or on the amount or extent, if any, of any adjust- indicated in such drawings; or ment in the Contract Price or Contract Times, or both, as a 00700 - 12 3 . any CONTRACTOR interpretation of or performance of the Work; subject, however, to the conclusion drawn from any "technical data" or any following: such other data, interpretations, opinions, or infor- mation. a. such condition must meet any one or more of the categories described in paragraph New Paragraph 4.02.0 has been added. See the 4 .03 .A; and Supplementary Conditions. b. with respect to Work that is paid for on a 4 . 03 Differing Subsurface or Physical Conditions Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- A. Notice: If CONTRACTOR believes that any graphs 9 .08 and 11 . 03 . subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract 1 . is of such a nature as to establish that any Times if: "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is a. CONTRACTOR knew of the existence materially inaccurate; or of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect 2 . is of such a nature as to require a change of Contract Price and Contract Times by the in the Contract Documents; or submission of a Bid or becoming bound under a negotiated contract; or 3 , differs materially from that shown or indicated in the Contract Documents ; or b . the existence of such condition could reasonably have been discovered or revealed as a 4 . is of an unusual nature, and differs result of any examination, investigation, explo- materially from conditions ordinarily encountered ration, test, or study of the Site and contiguous and generally recognized as inherent in work of the areas required by the Bidding Requirements or character provided for in the Contract Documents; Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's then CONTRACTOR shall, promptly after becoming aware making such final commitment; or thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection c. CONTRACTOR failed to give the therewith (except in an emergency as required by paragraph written notice within the time and as required by 6. 16.A), notify OWNER and ENGINEER in writing about paragraph 4 . 03 .A. such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection Part of the second sentence of Paragraph 4.03 .C .3 has therewith (except as aforesaid) until receipt of written order been deleted. to do so. 3 . If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount B . ENGINEER 's Review: After receipt of written or extent, if any, of any adjustment in the Contract notice as required by paragraph 4 .03 .A, ENGINEER will Price or Contract Times, or both, a Claim may be promptly review the pertinent condition, determine the made therefor as provided in paragraph 10. 05 . necessity of OWNER's obtaining additional exploration or However, OWNER, ENGINEER, and tests with respect thereto, and advise OWNER in writing ENGINEER' s Consultants shall not be liable to (with a copy to CONTRACTOR) of ENGINEER' s findings CONTRACTOR for any claims, costs, losses, or and conclusions. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other C . Possible Price and Times Adjustments professionals and all court or arbitration or- dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any other Times, or both, will be equitably adjusted to the project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR' s cost of, or time required for, r00700 - 13 4 . 04 Underground Facilities 2 , If ENGINEER concludes that a change in the Contract Documents is required, a Work Change A. Shown or Indicated: The information and data Directive or a Change Order will be issued to reflect ' shown or indicated in the Contract Documents with respect and document such consequences. An equitable to existing Underground Facilities at or contiguous to the adjustment shall be made in the Contract Price or Site is based on information and data furnished to OWNER Contract Times, or both, to the extent that they are or ENGINEER by the owners of such Underground Facili- attributable to the existence or location of any ries, including OWNER, or by others. Unless it is otherwise Underground Facility that was not shown or expressly provided in the Supplementary Conditions : indicated or not shown or indicated with reasonable ' accuracy in the Contract Documents and that 1 . OWNER and ENGINEER shall not be CONTRACTOR did not know of and could not responsible for the accuracy or completeness of any reasonably have been expected to be aware of or to such information or data; and have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the 2 , the cost of all of the following will be amount or extent, if any, of any such adjustment in included in the Contract Price, and CONTRACTOR Contract Price or Contract Times, OWNER or shall have full responsibility for: CONTRACTOR may make a Claim therefor as provided in paragraph 10 .05 , a. reviewing and checking all such informa- tion and data, 4 .05 Reference Points ' b. locating all Underground Facilities A. OWNER shall provide engineering surveys to shown or indicated in the Contract Documents, establish reference points for construction which in ENGINEER' s judgment are necessary to enable CON- E. coordination of the Work with the TRACTOR to proceed with the Work. CONTRACTOR owners of such Underground Facilities, shall be responsible for laying out the Work, shall protect including OWNER, during construction, and and preserve the established reference points and property monuments, and shall make no changes or relocations d. the safety and protection of all such without the prior written approval of OWNER. Underground Facilities and repairing any CONTRACTOR shall report to ENGINEER whenever any damage thereto resulting from the Work. reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades B . Not Shown or Indicated or locations, and shall be responsible for the accurate replacement or relocation of such reference points or 1 . If an Underground Facility is uncovered property monuments by professionally qualified personnel. or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated 4 . 06 Hazardous Environmental Condition at Site with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after A. Reports and Drawings: Reference is made to the becoming aware thereof and before further Supplementary Conditions for the identification of those disturbing conditions affected thereby or performing reports and drawings relating to a Hazardous Environmental ' any Work in connection therewith (except in an Condition identified at the Site, if any, that have been emergency as required by paragraph 6 . 16 .A), utilized by the ENGINEER in the preparation of the identify the owner of such Underground Facility and Contract Documents. ' give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review B . Limited Reliance by CONTRACTOR on Technical the Underground Facility and determine the extent, Data Authorized: CONTRACTOR may rely upon the if any, to which a change is required in the Contract general accuracy of the "technical data" contained in such ' Documents to reflect and document the reports and drawings, but such reports and drawings are not consequences of the existence or location of the Contract Documents . Such "technical data" is identified in Underground Facility. During such time, the Supplementary Conditions . Except for such reliance on CONTRACTOR shall be responsible for the safety such "technical data," CONTRACTOR may not rely upon and protection of such Underground Facility, or make any Claim against OWNER, ENGINEER or any of ENGINEER' s Consultants with respect to : 00700 - 14 1 . the completeness of such reports and drawings for CONTRACTOR' s purposes, including, F. If after receipt of such written notice but not limited to, any aspects of the means, CONTRACTOR does not agree to resume such Work ' methods, techniques, sequences and procedures of based on a reasonable belief it is unsafe, or does not agree construction to be employed by CONTRACTOR to resume such Work under such special conditions, then and safety precautions and programs incident OWNER may order the portion of the Work that is in the thereto ; or area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to 2 , other data, interpretations, opinions and entitlement to or on the amount or extent, if any, of an ' information contained in such reports or shown or adjustment in Contract Price or Contract Times as a result indicated in such drawings ; or of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05 . 3 . any CONTRACTOR interpretation of or OWNER may have such deleted portion of the Work ' conclusion drawn from any "technical data" or any performed by OWNER' s own forces or others in accor- such other data, interpretations, opinions or dance with Article 7 . information. Paragraph 4.06.G has been deleted in its entirety. C. CONTRACTOR shall not be responsible for any r To the Pallest extei# pem3itted by Laws Hazardous Environmental Condition uncovered or revealed Regulations, OVR40 ..hal indemnify and held L _ _- _ , - _ - at the Site which was not shown or indicated in Drawings or TO PCsubeenttaetors, Er IGRMER3 Specifications or identified in the Contract Documents to be ENGMER' s Gensultants and the -effteers, dir-eeters; within the scope of the Work. CONTRACTOR shall be partaers, enVleyees, agents, ether eeesuhants, and responsible for a Hazardous Environmental Condition suhe^„+Faeter-s of eaeh and any ^fthem a.^. and . ^ -st all created with any materials brought to the Site by CON- elaLm^ ^ �+� ^�� ^� „ a.... damages (;„ ^,. . a: . but not lkmite TRACTOR, Subcontractors, Suppliers, or anyone else for to allfeesn a h fe ee ehitee+ ++ whom CONTRACTOR is responsible. and ether- professionals and a44 -+ b •+n + ether- dispute D . If CONTRACTOR encounters a Hazardous Hazardous B„. .i_^„. . + , r a:+; on, pr-eNa a that sueh Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a indieatea in the n er- e fi +: a +: f- a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such the Work, and (ii) was * eFeated by GO*WR A CTnn condition; (ii) stop all Work in connection with such by anyone €er whem EOMGTQRisr-espensible-. condition and in any area affected thereby (except in an Nediinrb in this paragraph 4 . 06 .E shall obligate�T' rMOIAL n . �e emergency as required by paragraph 6 . 16) ; and (iii) notify indemnify any individualor- e„«:«. . f.^-- and against the OWNER and ENGINEER (and promptly thereafter confirm ' such notice in writing). OWNER shall promptly consult gene: with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take Paragraph 4.06.H has been deleted in its entirety. corrective action, if any. H. To the fullest e.,+e„+ pem3it4ea ,. Laws an Reg latiens, COMMACTOR sh ., , , indemnify a-ad hold E . CONTRACTOR shall not be required to resume afailess OAzkl MF✓ ENGPIEEP , ENGINEER' s Ge Work in connection with such condition or in any affected , area until after OWNER has obtained any required permits agents, other eonsultants, and subeenttaeters ..of- eseh and related thereto and delivered to CONTRACTOR written any of thy^--vxzx akr aiza agiuuz�i-an ”. ,.,, .,.,,,+,,,, zvsa,r,,,—cnaQ notice : (i) specifying that such condition and any affected dammge(including but not limited + n fes and eh&rges f area is or has been rendered safe for the resumption of „b:„^er-s, ar-ehiteets, a4emeys, and ethe rf o , Work; or (ii) specifying any special conditions under which all ee wt eF aFbitratienother disp +e r-esehition : \ such Work may be resumed safely. If OWNER and a fisi ^ ut of ^ ,.e, .. +:„ ^ u., .,.,,., eus , CONTRACTOR cannot agree as to entitlement to or on the b amount or extent, if any, of any adjustment in Contract Price whem CONTRACTOR is responsible Nefl3ift-in this or Contract Times, or both, as a result of such Work stop- paragraph 4 .06.F shall obligate—COMIP6kGTOR to page or such special conditions under which Work is agreed indenmify any individual or- entity ffem and against the to be resumed by CONTRACTOR, either party may make a consequenees of that individual ' sE)F fAit)T' Sown e , Claim therefor as provided in paragraph 10 .05 . gene: 00700 - 15 Such surety and insurance companies shall also meet such I . The provisions of paragraphs 4 . 02, 4 .03 , and 4.04 additional requirements and qualifications as may be are not intended to apply to a Hazardous Environmental provided in the Supplementary Conditions . ' Condition uncovered or revealed at the Site. 5 . 03 Certificates of Insurance ARTICLE 5 - BONDS AND INSURANCE The second sentence of Paragraph 5.03 .A has been deleted in its entirety. A. CONTRACTOR shall deliver to OWNER, with ' 5 . 01 Performance, Payment, and Other Bonds copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other Paragraph 5.01 .A has been deleted and replaced with a evidence of insurance requested by OWNER or any other new paragraph. See the Supplementary Conditions. additional insured) which CONTRACTOR is required to A. CONTRACTOR ll 1, ce___m _ee , a1 r ,. --� purchase and maintain. OWNER shall deliver- to payment Bonds, eaeh in an ameunt t 1 ♦ equal t the GQX_hRZRAGT-QP ,, with eepies to eaeh additional insufed Ge t a t D filly F the f 'A.f. 1 Y ffv=rrxcc .7 idenfi ;ediffl the Su «le !'�t diti i •fi r J �uZsna Gentraet Doeumente These Bends shall remain in e#€eet GT'^DeF any the ad4itional d) ,, • , least until one year- elle the .late . he final payment beeemes e Regulations or- by the Gentmet Doeuments . G0T%n:RAG 5 .04 CONTR.4CTOR 's Liability Insurance TOR shall also famish sueh ether- Bondsare ,l b A. CONTRACTOR shall purchase and maintain such ' liability and other insurance as is appropriate for the Work Paragraph 5.01 .B has been deleted and replaced with a being performed and as will provide protection from claims new paragraph. See the Supplementary Conditions. set forth below which may arise out of or result from B . All Bonds shall be in the feEm presefibed by the. CONTRACTOR' s performance of the Work and CONTRACTOR's other obligations under the Contract or Regulations and shag be e, e e„ted by suel, suFeties as are. Documents, whether it is to be performed by Regulations, named in the-eurrent list e€ "Gempardes Holding G CONTRACTOR, any Subcontractor or Supplier, or by eate., of n ^thee t y n eeeptabl Sureties on Federal n a - 'J = - -- - -r �--� -- � � - � 4 ,-�==w anyone directly or indirectly employed by any of them to and as Aeeeptable Reinsuring-Companies" as published is perform any of the Work, or by anyone for whose acts any C-ir-eular- 570- (amended) by the Finaneial Manageme of them may be liable : Se�riee;Surety-Bend Braasly, U. S . Department of the Treasui:y, All BeRds signed of an agent must be 1 , claims under workers ' compensation, agent' sdisability benefits, and other similar employee ae benefit acts; fC . If the surety on any Bond furnished by CON- 2 , claims for damages because of bodily TRACTOR is declared bankrupt or becomes insolvent or its injury, occupational sickness or disease, or death of right to do business is terminated in any state where any part CONTRACTOR's employees ; of the Project is located or it ceases to meet the requirements of paragraph 5 .013 , CONTRACTOR shall 3 , claims for damages because of bodily within 20 days thereafter substitute another Bond and injury, sickness or disease, or death of any person surety, both of which shall comply with the requirements of other than CONTRACTOR' s employees ; paragraphs 5 . 01 .13 and 5 .02 . 4 , claims for damages insured by 5 . 02 Licensed Sureties and Insurers reasonably available personal injury liability ' coverage which are sustained: (i) by any person as a A. All Bonds and insurance required by the Contract result of an offense directly or indirectly related to Documents to be purchased and maintained by OWNER or the employment of such person by CONTRACTOR, CONTRACTOR shall be obtained from surety or insurance or (ii) by any other person for any other reason; companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or 5 . claims for damages, other than to the insurance policies for the limits and coverages so required. Work itself, because of injury to or destruction of 00700 - 16 tangible property wherever located, including loss of 7, with respect to completed operations p mp p ns use resulting therefrom; and insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two 6. claims for damages because of bodily years after final payment (and CONTRACTOR shall injury or death of any person or property damage furnish OWNER and each other additional insured arising out of the ownership, maintenance or use of identified in the Supplementary Conditions, to ' any motor vehicle. whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such B . The policies of insurance so required by this additional insured of continuation of such insurance ' paragraph 5 .04 to be purchased and maintained shall: at final payment and one year thereafter). 1 . with respect to insurance required by New Paragraphs 5.04.0 and 5.04.D have been added. paragraphs 5 .04 .A. 3 through 5 . 04 .A. 6 inclusive, See the Supplementary Conditions. ' include as additional insureds (subject to any customary exclusion in respect of professional Section 5.05 has been deleted in its entirety. liability) OWNER, ENGINEER, ENGINEER's 5 , 05 r� D Liabi&yo , _ suranee Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and ed byGGINnQ r TO under pa agFaph 5 .04 , GAINED-at include coverage for the respective officers, OWNEPs eptien, mai pur-ehase—.ted maiffltai . at ' directors, partners, employees, agents, and other AwNER' s extpeffiwnWNER' s emzn liability consultants and subcontractors of each and any of all i«ll pr-et OWNER ., gak9 ..+ elak.... ..4.: e -....._ . -fi _ _ fro such additional insureds, and the insurance afforded epeFatiens undffthe +. + D + s . ' to these additional insureds shall provide primary coverage for all claims covered thereby; 5 . 06 Property Insurance 2 . include at least the specific coverages and Paragraphs 5.06.A, B, and C have been deleted and ' be written for not less than the limits of liability replaced with new paragraphs. See the Supplementary provided in the Supplementary Conditions or Conditions. required by Laws or Regulations, whichever is A. TT„less a fli .__ .: - , pr-evidea ,n the Supplement-_ . greater; Conditions, QVR4ER shall p1-ase d maintain amount mee upon the Work at the Site in the 3 . include completed operations insurance; fill ;;latae + eest thereof 1_ + to sueb , , L , ' 4. include contractual liability insurance Conditionser- required by Laws and RPglaens) . This covering CONTRACTOR' s indemnity obligations ranee shall. under paragraphs 6 .07, 6. 11 , and 6.20; ' 1 . inelude the interests o f OAZI MR;n rn�r 5 . contain a provision or endorsement that TRACT-GR; Subeenttaeters, FsNggEE;5 the coverage afforded will not be canceled, materi- El EER' s Consultants, and any -ether ally changed or renewal refused until at least thirty individuals or entitles identi€ied in the days prior written notice has been given to OWNER Supplemen" -- .Conditions, and the e€fleers and CONTRACTOR and to each other additional teeters,partners employees, agents, and other- insured therinsured identified in the Supplementary Conditions consultants and subeeatFaeter-s e f eaeh d any a to whom a certificate of insurance has been issued the. 4 eaeh efwhemdeemed to have an insufable. (and the certificates of insurance furnished b the interest and shall be listed dd t ' Y �rl-�,� tea; CONTRACTOR pursuant to paragraph 5 .03 will so ' provide) ; 2 be-vrfi#en en a Builder' s-Rask "all-r-iskE 6 . remain in effect at least until final that shall at least iel. . do insuranee for- 1, , , ess payment and at all times thereafter when CON- nr rh.nage to the We ly temporary l ild false TRACTOR may be correcting, removing, or replac- mak—and-nia «:r-: als and eq>xipment in ttansit, and ing defective Work in accordance with paragraph shall insure against least the f 1 , , s or- 13 . 07 ; and causes of less : fire, lighftlin , extended-ee,- fage, 00700 - 17 1 " • 1 • • _ • _ _ • • • _ _ • ' • • • 1 • " • 1 • ' � • 3 _ _ • _ • . I. 1 _ • I. / _ • _ _ WINimiw IN _ c 1. 1 _ _ • • YY • Slim _ _ • . I. / _ Viahl pimMorr _ 1. 1 _ _ • _ •. L _ • _ •. / N'w M1191111 IN, • _ norm PT"FT.Pq11�r1r2zmw.T S • . I. 1 _ • IN, • . I. 1 _ • • L11 a Y • • • _ •. 1 _ • _ _ wpwm /. • . - IN S . 1. _ _ r _ . /. / _ _ • _ _ •UTAXAM • • • s I • . • 1 • • • 1 • • • ' _ 11 11 : No go rAH RN 1 _Viso1pr-4111"I go • IN • . L I - • • ILL Lo • . I. 1 _ . WIN KNI goo KLA n — Mo IN IN ft No 9 AL Lo go 1 - go 1 • . I. 1 _ • • . YW � •• _ WA • _ KILL • No KEVIN MIIIIIIIIIIIII go ... • , I. 1 _ IN ■ INK• • _ 11 No • . YY •MAY" Val go IN _WALL In OWN • IN I 1 1 _ / • , � • 1 ' I / I / r ' I • r • I / ' LIN • . _ IN INK • . L 1 _ . • • • • • • • 0 Pi Lo POP mom go 19 IN • • • • • • • • • • • • • • • • • • • • - • • • 1 • • • • • • • • . 1. 1 _ . ' • • • • • • 11 11 A. CONTRACTOR shall supervise, inspect, and facilities and incidentals necessary for the performance, direct the Work competently and efficiently, devoting such testing, start-up, and completion of the Work. attention thereto and applying such skills and expertise as ' may be necessary to perform the Work in accordance with B . All materials and equipment incorporated into the the Contract Documents. CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the ' and procedures of construction, but CONTRACTOR shall Contract Documents. All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER. If required by ENGINEER, ' means, method, technique, sequence, or procedure of CONTRACTOR shall furnish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, ' complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B . At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- ' CONTRACTOR shall assign a competent resident superin- ments . tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6 . 04 Progress Schedule extraordinary circumstances. The superintendent will be CONTRACTOR' s representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. ' tendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGI- 6 . 02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 .07) proposed adjustments in the grog- ' A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents. CON- will conform generally to the progress schedule then ' TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site . provisions of the General Requirements applicable thereto . B . Except as otherwise required for the safety or ' protection of persons or the Work or property at the Site or 2 . Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with ' performed during regular working hours, and CON- the requirements of Article 12 . Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written performance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12 . holiday without OWNER' s written consent (which will not ' be unreasonably withheld) given after prior written notice to 6 .05 Substitutes and "Or-Equals " ENGINEER. Paragraph 6.05.A has been deleted and replaced with a New Paragraphs 6.02.B. 1 , 2, 3, 4, 5, and 6 have been new paragraph. See the Supplementary Conditions. added. See the Supplementary Conditions. A ` 4 e.., , e. item of -«ate . ' or- equipment is . �. 111µ.V11Y1 rDoeuments by using 6 . 03 Services, Materials, and Equipment the name of , pr-epret item er- the Rafne of a ..t, , Supplier, the e: et « or- desei-7iption is inteaded to A. Unless otherwise specified in the General Re- , quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials) equipment, labor, is ellowed by : ..-d reading adiubth , uv like, equivalent,t p transportation, construction equipment and machinery, "or e"a!" item . h t t ' � r. . . .tVa , Vth11 r ZLG1L]� tools, appliances, fuel, power, light, heat, telephone, water, of material or- equipment t ' ' or- eq:L4meat of oto sanitary facilities, temporary facilities, and all other 00700 - 20 Suppliers-mai;-be subff tted to F5149WEE, fgr- rsvipm 6. 05 .A. 2 . d, as supplemented in the General " der- the ern td h a ` ' 1 Requirements and as ENGINEER may decide is 1 . "Or-Equal " Items: If in ENGINEER'S appropriate under the circumstances . sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a ' that named and sufficiently similar so that no change proposed substitute item of material or in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the ' which case review and approval of the proposed proposed substitute item will perform adequately item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items . For the purposes of this paragraph that specified. The application will state the 6 .05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered functionally equal to an item so substitute item will prejudice CONTRACTOR ' s ' named if achievement of Substantial Completion on time, whether or not use of the proposed substitute Sentence 6.05.A. l .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of ' Conditions. any other direct contract with OWNER for work a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute and design characteristics; (ii) it v4H reliably item in connection with the Work is subject to peFfkm at least equally well the— fimetien payment of any license fee or royalty. All nVesed b the design f `h ' t ' variations of the r ., u�., ues� cviiccpc-ox-�:�cviaipzccca e p oposed substitute item from ' that specified will be identified in the applica- tion, and available engineering, sales, b . CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services ' no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of ' redesign and claims of other contractors affected 2 . Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the ' a. If in ENGINEER' s sole discretion an proposed substitute item. ENGINEER may item of material or equipment proposed by require CONTRACTOR to furnish additional CONTRACTOR does not qualify as an data about the proposed substitute item. "or-equal" item under paragraph 6.05 .A. 1 , it will ' be considered a proposed substitute item. B . Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or b . CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and ' information as provided below to allow ENGI- expressly required by the Contract Documents, CON- NEER to determine that the item of material or TRACTOR may furnish or utilize a substitute means, meth- equipment proposed is essentially equivalent to od, technique, sequence, or procedure of construction that named and an acceptable substitute therefor. approved by ENGINEER. CONTRACTOR shall submit ' Requests for review of proposed substitute items sufficient information to allow ENGINEER, in of material or equipment will not be accepted by ENGINEER' s sole discretion, to determine that the ENGINEER from anyone other than CON- substitute proposed is equivalent to that expressly called for ' TRACTOR. by the Contract Documents . The procedure for review by ENGINEER will be similar to that provided in subpara- c . The procedure for review by ENGI- graph 6 .05 .A.2 . ' NEER will be as set forth in paragraph ' 00700 - 21 C. Engineer 's Evaluation : ENGINEER will be such Subcontractor, Supplier, or other individual or entity allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable ' proposal or submittal made pursuant to paragraphs 6.05 .A objection after due investigation. CONTRACTOR shall and 6 . 05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No ` or equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER' s review is complete, the Contract Price will be adjusted by the difference in the ' which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an ` or equal." Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, ' negative determination. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of D . Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work. TRACTOR to furnish at CONTRACTOR' s expense a ' special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities E. ENGINEER 's Cost Reimbursement: ENGINEER performing or furnishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR ' s own ENGINEER ' s Consultants in evaluating substitute proposed acts and omissions . Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, ' 6 . 05 .A. 2 and 6 . 05 .11 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor ' Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER' s Consultants for evaluating entity except as may otherwise be required by Laws and ' each such proposed substitute. Regulations. F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph ' provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR' s expense. D . CONTRACTOR shall be solely responsible for 6. 06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, ' Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- furnishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. ' those acceptable to OWNER as indicated in paragraph 6 . 06 .B) , whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, or furnishing any of the Work to communicate with ENGI- ' or other individual or entity to furnish or perform any of the NEER through CONTRACTOR. Work against whom CONTRACTOR has reasonable objection. F. The divisions and sections of the Specifications ' and the identifications of any Drawings shall not control B . If the Supplementary Conditions require the CONTRACTOR in dividing the Work among Subcon- idenfity of certain Subcontractors, Suppliers, or other tractors or Suppliers or delineating the Work to be individuals or entities to be submitted to OWNER in performed by any specific trade . advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if G. All Work performed for CONTRACTOR by a CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier will be pursuant to an appropriate ' with the Supplementary Conditions, OWNER' s acceptance agreement between CONTRACTOR and the Subcontractor (either in writing or by failing to make written objection or Supplier which specifically binds the Subcontractor or thereto by the date indicated for acceptance or objection in Supplier to the applicable terms and conditions of the ' the Bidding Documents or the Contract Documents) of any Contract Documents for the benefit of OWNER and ' 00700 - 22 ' ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all ' 5 . 06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees . ' OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. ' additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6.09 Laws and Regulations of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply ' perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for TOR will obtain the same. monitoring CONTRACTOR' s compliance with any Laws or Regulations. 6 . 07 Patent Fees and Royalties B . If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, ' performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; ' is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR ' s primary performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but ' copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR' s royalty to others, the existence of such rights shall be obligations under paragraph 3 . 03 . disclosed by OWNER in the Contract Documents . To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER' s Consultants, and the Agreement if there were no Bids) having an effect on the officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject ' consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such and other professionals and all court or arbitration or other adjustment, a Claim may be made therefor as provided in ' dispute resolution costs) arising out of or relating to any paragraph 10.05 . infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the 6. 10 Taxes ' incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents . A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by 6 . 08 Permits CONTRACTOR in accordance with the Laws and ' Regulations of the place of the Project which are applicable A. Unless otherwise provided in the Supplementary during the performance of the Work. Conditions, CONTRACTOR shall obtain and pay for all ' construction permits and licenses . OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses . CONTRACTOR shall pay all tgovernmental charges and inspection fees necessary for the 00700 - 23 6 . 11 Use of Site and Other Areas D . Loading Structures: CONTRACTOR shall not ' A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. ' equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6. 12 Record Documents and shall not unreasonably encumber the Site and ' other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations ' thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work. changes made during construction. These record documents together with all approved Samples and a 2 . Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. ' resolve the claim by arbitration or other dispute resolution proceeding or at law. 6. 13 Safety and Protection t 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER' s Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the ' directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to : against all claims, costs, losses, and damages ' (including but not limited to all fees and charges of 1 . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site ; and ENGINEER, or any other party indemnified ' hereunder to the extent caused by or based upon 3 , other property at the Site or adjacent CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B . Removal of Debris During Performance of the ground Facilities not designated for removal, reloca- Work: During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and B . CONTRACTOR shall comply with all applicable ' disposal of such waste materials, rubbish, and other debris Laws and Regulations relating to the safety of persons or shall conform to applicable Laws and Regulations . property, or to the protection of persons or property from damage, injury, or loss ; and shall erect and maintain all C . Cleaning: Prior to Substantial Completion of the necessary safeguards for such safety and protection. ' Work CONTRACTOR shall clean the Site and make it CONTRACTOR shall notify owners of adjacent property ready for utilization by OWNER. At the completion of the and of Underground Facilities and other utility owners when Work CONTRACTOR shall remove from the Site all tools, prosecution of the Work may affect them, and shall ' appliances, construction equipment and machinery, and cooperate with them in the protection, removal, relocation, surplus materials and shall restore to original condition all and replacement of their property. All damage, injury, or property not designated for alteration by the Contract loss to any property referred to in paragraph 6 . 13 .A . 2 or Documents. 6. 13 .A. 3 caused, directly or indirectly, in whole or in part, ' 00700 - 24 tby CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by 6 . 17 Shop Drawings and Samples any of them to perform any of the Work, or anyone for ' whose acts any of them may be liable, shall be remedied by A. CONTRACTOR shall submit Shop Drawings to CONTRACTOR (except damage or loss attributable to the ENGINEER for review and approval in accordance with the fault of Drawings or Specifications or to the acts or acceptable schedule of Shop Drawings and Sample omissions of OWNER or ENGINEER or ENGINEER' s submittals. All submittals will be identified as ENGINEER Consultant, or anyone employed by any of them, or anyone may require and in the number of copies specified in the for whose acts any of them may be liable, and not General Requirements. The data shown on the Shop attributable, directly or indirectly, in whole or in part, to the Drawings will be complete with respect to quantities, fault or negligence of CONTRACTOR or any dimensions, specified performance and design criteria, Subcontractor, Supplier, or other individual or entity materials, and similar data to show ENGINEER the directly or indirectly employed by any of them). services, materials, and equipment CONTRACTOR CONTRACTOR's duties and responsibilities for safety and proposes to provide and to enable ENGINEER to review for protection of the Work shall continue until such time as the information for the limited purposes required by all the Work is completed and ENGINEER has issued a paragraph 6 . 17.E, notice to OWNER and CONTRACTOR in accordance with paragraph 14 .07 .B that the Work is acceptable (except as B . CONTRACTOR shall also submit Samples to otherwise expressly provided in connection with Substantial ENGINEER for review and approval in accordance with the Completion) . acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to 6 . 14 Safety Representative material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- A. CONTRACTOR shall designate a qualified and NEER may require to enable ENGINEER to review the experienced safety representative at the Site whose duties submittal for the limited purposes required by paragraph and responsibilities shall be the prevention of accidents and 6. 17 .E. The numbers of each Sample to be submitted will the maintaining and supervising of safety precautions and be as specified in the Specifications . ' programs. C. Where a Shop Drawing or Sample is required by 6 . 15 Hazard Communication Programs the Contract Documents or the schedule of Shop Drawings ' and Sample submittals acceptable to ENGINEER as A. CONTRACTOR shall be responsible for coordi- required by paragraph 2 .07, any related Work performed nating any exchange of material safety data sheets or other prior to ENGINEER' s review and approval of the pertinent hazard communication information required to be made submittal will be at the sole expense and responsibility of ' available to or exchanged between or among employers at CONTRACTOR. the Site in accordance with Laws or Regulations. D . Submittal Procedures ' 6 . 16 Emergencies 1 . Before submitting each Shop Drawing or A. In emergencies affecting the safety or protection of Sample, CONTRACTOR shall have determined and persons or the Work or property at the Site or adjacent verified: ' thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss . CONTRACTOR shall a. all field measurements, quantities, dimen- give ENGINEER prompt written notice if CONTRACTOR sions, specified performance criteria, installation believes that any significant changes in the Work or requirements, materials, catalog numbers, and variations from the Contract Documents have been caused similar information with respect thereto ; thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is b. all materials with respect to intended use, ' required because of the action taken by CONTRACTOR in fabrication, shipping, handling, storage, assem- response to such an emergency, a Work Change Directive bly, and installation pertaining to the perfor- or Change Order will be issued. mance of the Work; ' c . all information relative to means, meth- ods, techniques, sequences, and procedures of 00700 - 25 1 ' construction and safety precautions and from the requirements of the Contract Documents programs incident thereto ; and unless CONTRACTOR has in writing called ' ENGINEER' s attention to each such variation at the d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6. 17.D . 3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written ' and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents . the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR ' 2 . Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6 . 17 .D. 1 . satisfied CONTRACTOR' s obligations under the Contract Documents with respect to F. Resubmittal Procedures ' CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the ' 3 . At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals . submittal; and, in addition, shall cause a specific ' notation to be made on each Shop Drawing and New Paragraph 6.17.G has been added. See the Sample submitted to ENGINEER for review and Supplementary Conditions. approval of each such variation. 6 . 18 Continuing the Work ' E. ENGINEER 'S Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or ' approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER, disagreements, except as permitted by paragraph 15 .04 or as ENGINEER' s review and approval will be only to OWNER and CONTRACTOR may otherwise agree in determine if the items covered by the submittals will, writing, after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6 . 19 CONTRACTOR 's General Warranty and ' ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents. A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER' s Consultants that 2 . ENGINEER' s review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR ' s sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or ' where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- incident thereto. The review and approval of a TRACTOR, Subcontractors, Suppliers, or any other separate item as such will not indicate approval of individual or entity for whom CONTRACTOR is the assembly in which the item functions . responsible; or ' 3 . ENGINEER' s review and approval of 2 . normal wear and tear under normal Shop Drawings or Samples shall not relieve CON- usage . TRACTOR from responsibility for any variation ' 00700 - 26 B . CONTRACTOR' s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will any Supplier-, er any indiyvridual-�� ' constitute an acceptance of Work that is not in accordance diredy er- indireeth , enVleyed by -__ _ _ r .,_ _ __ _ . with the Contract Documents or a release of pee f E. " of the 3A'efk ene r h r «. CONTRACTOR' s obligation to perform the Work in any the„., , „ be liable, al of whether ' accordance with the Contract Documents: not eaused in paFt by any e b li r J b r a iadMdual, or- entity indeffmified 1 1 , observations by ENGINEER; w the • liability i inVesed upen suph indempifie ' darty by Laws d Regulatiens Fegar-dless f the 2 , recommendation by ENGINEER or pay- negl :b a�� J e f any sueh i.,a:. .: dual , enti�Y b ment by OWNER of any progress or final payment; • B . In any and all claims against OWNER or ENGI- ' 3 . the issuance of a certificate of Substantial NEER or any of their respective consultants, agents, Completion by ENGINEER or any payment related officers, directors, partners, or employees by any employee thereto by OWNER; (or the survivor or personal representative of such ' employee) of CONTRACTOR, any Subcontractor, any 4 . use or occupancy of the Work or any part Supplier, or any individual or entity directly or indirectly thereof by OWNER; employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the 5 , any acceptance by OWNER or any indemnification obligation under paragraph 6 .20.A shall not failure to do so; be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or t 6. any review and approval of a Shop Draw- for CONTRACTOR or any such Subcontractor, Supplier, ing or Sample submittal or the issuance of a notice or other individual or entity under workers ' compensation of acceptability by ENGINEER; acts, disability benefit acts, or other employee benefit acts . 7 . any inspection, test, or approval by C. The indemnification obligations of CONTRAC- others ; or TOR under paragraph 6 .20 .A shall not extend to the liability of ENGINEER and ENGINEER' s Consultants or 8 . any correction of defective Work by to the officers, directors, partners, employees, agents, and OWNER, other consultants and subcontractors of each and any of them arising out of: 6 . 20 Indemnification ' 1 . the preparation or approval of, or the Paragraph 6.20.A has been deleted and replaced with a failure to prepare or approve, maps, Drawings, new paragraph. See the Supplementary Conditions. opinions, reports, surveys, Change Orders, designs, A. To the Ulest eK4evA pem*4ed by Laws or Specifications ; or Replatiefishaft ess n�: Z?�MP., EI'l� Ep�Ez 'lWB'MER, s—fief- 2 , giving directions or instructions, or tang and the effieers direeters, partners, empleyee� failing to g m, if that is the primary cause of give the ' agents, and ether- h ♦ d L r L � 3g' � the injury or damage. any of them ffem and against all elainm, eests, lesses, and dariiages (ineludin but t limited.i ♦ all C ,7 h f - ___—_o _ _ �____ -»»��b .. ... .... � .a..u.�u .v uta it�L�J-uraa ti�aLisz-sC�Spi ana;x, , •t tr ' t«, a ." and eth „- = e f ssie_ .. 1- ARTICLE 7 - OTHER WORK all court OF arbitFation OF ether- dispute r-eseltition eests) " r14111g flllt o 1 fi t the f f f the W 1 _ - ..� � .,�.-....b ... ..... t. ... ay.uuuwa. va uaa.—.�vi ' prelvide• a that any such ell y oest, 1 OF damage; 7 .01 Related Work at Site' �� attributable «c bodil ' A. OWNER may perform other work related to the J ..� ..t J , uia.aaacus disease, OF death, er to i� to des; rustion-ef Project at the Site by OWNER 's employees, or let other ' tangible- preperty—pother than the We -k itself} direct contracts therefor, or have other work performed by including the less of use resulting ther-eftem; utility owners . If such other work is not noted in the Con- tract Documents, then: 00700 - 27 1 . written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; work; and ' 2 , the specific matters to be covered by such 2 . if OWNER and CONTRACTOR are authority and responsibility will be itemized; and unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract 3 , the extent of such authority and responsi- Price or Contract Times that should be allowed as a bilities will be provided. result of such other work, a Claim may be made therefor as provided in paragraph 10.05 . B . Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- B . CONTRACTOR shall afford each other contractor sibility for such coordination. who is a party to such a direct contract and each utility ' owner (and OWNER, if OWNER is performing the other work with OWNER' s employees) proper and safe access to ARTICLE 8 - OWNER ' S RESPONSIBILITIES the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of ' such other work and shall properly coordinate the Work 8 . 01 Communications to Contractor with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, A. Except as otherwise provided in these General and patching of the Work that may be required to properly Conditions, OWNER shall issue all communications to connect or otherwise make its several parts come together CONTRACTOR through ENGINEER. and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by 8 . 02 Replacement of ENGINEER ' cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Part of paragraph 8.02.A has been deleted. ENGINEER and the others whose work will be affected. A. In case of termination of the employment of The duties and responsibilities of CONTRACTOR under ENGINEER, OWNER shall appoint an engineers this paragraph are for the benefit of such utility owners and CONTRACTOR makes n reasonable ..,.: eeti.._ whose other contractors to the extent that there are comparable status under the Contract Documents shall be that of the provisions for the benefit of CONTRACTOR in said direct former ENGINEER. contracts between OWNER and such utility owners and other contractors . 8 . 03 Furnish Data C. If the proper execution or results of any part of A. OWNER shall promptly furnish the data required CONTRACTOR' s Work depends upon work performed by of OWNER under the Contract Documents. others under this Article 7, CONTRACTOR shall inspect ' such other work and promptly report to ENGINEER in 8 .04 Pay Promptly When Due writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper A. OWNER shall make payments to CONTRACTOR execution and results of CONTRACTOR' s Work. promptly when they are due as provided in paragraphs ' CONTRACTOR' s failure to so report will constitute an 14 .02 .0 and 14 .07 .C. acceptance of such other work as fit and proper for integration with CONTRACTOR' s Work except for latent 8 .05 Lands and Easements; Reports and Tests ' defects and deficiencies in such other work. A. OWNER' s duties in respect of providing lands and 7 . 02 Coordination easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 .01 and 4 . 05 . ' A. If OWNER intends to contract with others for the Paragraph 4. 02 refers to OWNER' s identifying and making performance of other work on the Project at the Site, the available to CONTRACTOR copies of reports of explora- following will be set forth in Supplementary Conditions : tions and tests of subsurface conditions and drawings of ' physical conditions in or relating to existing surface or 1 . the individual or entity who will have subsurface structures at or contiguous to the Site that have authority and responsibility for coordination of the been utilized by ENGINEER in preparing the Contract ' Documents . 00700 - 28 ' bilities and the limitations of authority of ENGINEER as 8 . 06 Insurance OWNER' s representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER' s responsibilities, if any, in respect to written consent of OWNER and ENGINEER. purchasing and maintaining liability and property insurance are set forth in Article 5 . 9 .02 Visits to Site ' 8 . 07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10.03 , experienced and qualified design professional the progress that has been made and the quality of the various aspects of 8 . 08 Inspections, Tests, and Approvals CONTRACTOR' s executed Work. Based on information ' obtained during such visits and observations, ENGINEER, A. OWNER's responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13 . 03 .B . Documents . ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 . 09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER' s efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform control or authority over, nor be responsible for, generally to the Contract Documents . On the basis of such CONTRACTOR's means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER ' or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be B . ENGINEER' s visits and observations are subject ' responsible for CONTRACTOR' s failure to perform the to all the limitations on ENGINEER's authority and Work in accordance with the Contract Documents, responsibility set forth in paragraph 9. 10, and particularly, but without limitation, during or as a result of ENGINEER's 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOWs Work Condition ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR ' s A. OWNER' s responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4 .06. incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the ' 8 . 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to furnish 9 . 03 Project Representative CONTRACTOR reasonable evidence that financial ' arrangements have been made to satisfy OWNER' s A. If OWNER and ENGINEER agree, ENGINEER obligations under the Contract Documents, OWNER's will furnish a Resident Project Representative to assist responsibility in respect thereof will be as set forth in the ENGINEER in providing more extensive observation of the ' Supplementary Conditions . Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9. 10 and in the ARTICLE 9 - ENGINEER ' S STATUS DURING Supplementary Conditions. If OWNER designates another ' CONSTRUCTION representative or agent to represent OWNER at the Site who is not ENGINEER' s Consultant, agent or employee, the responsibilities and authority and limitations thereon of 9 . 01 OWNER 'S Representative such other individual or entity will be as provided in the Supplementary Conditions . A. ENGINEER will be OWNER's representative during the construction period. The duties and responsi- 00700 - 29 ' 9 . 04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to Applications for Payment, see Article 14. A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- 9.08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments . Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER' s preliminary determinations and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise) . ENGINEER' s written decision thereon will be allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER to tation, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10 .05 . 9 . 05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and ' TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 , with a Claim may be made therefor as provided in paragraph request for a formal decision. 10 .05 . Paragraph 9.09.B has been deleted in its entirety. 9 . 06 Rejecting Defective Work ti +e... +e, a a a R Villa " �zg-a9 uzccxpzcccrZrFzQ-�tc�r6c�.atccthis paragraph 9.09, ENGPMER v411 net sheyAr r partial" A. ENGINEER will have authority to disapprove or QALM 4n �GON4GTQ a n + be liable reject Work which ENGINEER believes to be defective, or fens"tio • '+h any interpretation eF deeision a a that ENGINEER believes will not produce a completed geed faith in sueh eapaeity. The Fendering ef a desision by Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the any sueli Q a ' , tl ffm#er- ( w ' h completed Project as a functioning whole as indicated by have b a b t 1 • + ` ' -tea:Vca v7--¢x'c ximn:-az"S-v'r—&vccp�ancc�—ruxut the Contract Documents . ENGINEER will also have pa! %ne�t as provided in paragraph 107) " "" ''" a conditieti authority to require special inspection or testing of the Work as provided in paragraph 13 .04, whether or not the Work is of suehrlits remedies eithert hmre i b fabricated, installed, or completed. Under the Ce t." r, , w T Regulations ' ��, e�+ dc µ ^, , ,.t, rl " :... , a: ^„. ,+e ,.a, ".. .+ .�.^.Y.. , a u� .au,.ai czuu xz,�a , � 9 . 07 Shop Drawings, Change Orders and Payments 9 . 10 Limitations on ENGINEER 's Authority and ' A. In connection with ENGINEER' s authority as to Responsibilities Shop Drawings and Samples, see paragraph 6. 17 . A. Neither ENGINEER' s authority or responsibility B . In connection with ENGINEER ' s authority as to under this Article 9 or under any other provision of the Change Orders, see Articles 10, 11 , and 12 . Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or 00700 - 30 ' performance of any authority or responsibility by of an adjustment in the Contract Price or Contract Times, or ENGINEER shall create, impose, or give rise to any duty in both, that should be allowed as a result of a Work Change contract, tort, or otherwise owed by ENGINEER to Directive, a Claim may be made therefor as provided in ' CONTRACTOR, any Subcontractor, any Supplier, any paragraph 10.05 . other individual or entity, or to any surety for or employee or agent of any of them. 10 . 02 Unauthorized Changes in the Work iB . ENGINEER will not supervise, direct, control, or A. CONTRACTOR shall not be entitled to an have authority over or be responsible for CONTRACTOR' s increase in the Contract Price or an extension of the means, methods, techniques, sequences, or procedures of Contract Times with respect to any work performed that is construction, or the safety precautions and programs not required by the Contract Documents as amended, incident thereto, or for any failure of CONTRACTOR to modified, or supplemented as provided in paragraph 3 . 04, comply with Laws and Regulations applicable to the perfor- except in the case of an emergency as provided in paragraph mance of the Work. ENGINEER will not be responsible 6. 16 or in the case of uncovering Work as provided in for CONTRACTOR' s failure to perform the Work in accor- paragraph 13 . 04.B . dance with the Contract Documents . 10 . 03 Execution of Change Orders C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any A. OWNER and CONTRACTOR shall execute Supplier, or of any other individual or entity performing appropriate Change Orders recommended by ENGINEER any of the Work. (or Written Amendments) covering : D . ENGINEER' s review of the final Application for 1 . changes in the Work which are : (i) Payment and accompanying documentation and all mainte- ordered by OWNER pursuant to paragraph 10 . 0 LAI nance and operating instructions, schedules, guarantees, (ii) required because of acceptance of defective Bonds, certificates of inspection, tests and approvals, and Work under paragraph 13 .08 .A or OWNER' s other documentation required to be delivered by paragraph correction of defective Work under paragraph 13 . 09, 14 . 07 .A will only be to determine generally that their or (iii) agreed to by the parties; content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the 2 . changes in the Contract Price or Contract results certified indicate compliance with, the Contract Times which are agreed to by the parties, including Documents . any undisputed sum or amount of time for Work actually performed in accordance with a Work E. The limitations upon authority and responsibility Change Directive ; and set forth in this paragraph 9 . 10 shall also apply to ENGINEER' s Consultants, Resident Project Repre- 3 . changes in the Contract Price or Contract sentative, and assistants. Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- ARTICLE 10 - CHANGES IN THE WORK; CLAIMS graph 10.05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions ' 10 . 01 Authorized Changes in the Work of the Contract Documents and applicable Laws and Regulations, but during any such appeal, A. Without invalidating the Agreement and without CONTRACTOR shall cant' on the Work and adhere ' notice to any surety, OWNER may, at any time or from time to the progress schedule as provided in paragraph to time, order additions, deletions, or revisions in the Work 6. 18 .A, by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, 10 . 04 Notification to Surety ' CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable A. If notice of any change affecting the general scope conditions of the Contract Documents (except as otherwise of the Work or the provisions of the Contract Documents specifically provided) . (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be B . If OWNER and CONTRACTOR are unable to given to a surety, the giving of any such notice will be agree on entitlement to, or on the amount or extent, if any, CONTRACTOR' s responsibility. The amount of each 00700 - 31 ' applicable Bond will be adjusted to reflect the effect of any such change . C. If ENGINEER does not render a formal decision ' in writing within the time stated in paragraph 10. 05 .B , a 10 . 05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal A. Notice: Written notice stating the general nature of the claimant or the last submittal of the opposing party, of each Claim, dispute, or other matter shall be delivered by if any. the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after D . No Claim for an adjustment in Contract Price or the start of the event giving rise thereto . Notice of the Contract Times (or Milestones) will be valid if not amount or extent of the Claim, dispute, or other matter with submitted in accordance with this paragraph 10. 05 . supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time ARTICLE 11 - COST OF THE WORK; CASH for claimant to submit additional or more accurate data in ALLOWANCES ; UNIT PRICE WORK support of such Claim, dispute, or other matter) . A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 .01 .13 . A 11 . 01 Cost of the Work Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 .02.B . A. Costs Included. The term Cost of the Work means Each Claim shall be accompanied by claimant's written the sum of all costs necessarily incurred and paid by CON- statement that the adjustment claimed is the entire TRACTOR in the proper performance of the Work. When adjustment to which the claimant believes it is entitled as a the value of any Work covered by a Change Order or when result of said event. The opposing party shall submit any a Claim for an adjustment in Contract Price is determined response to ENGINEER and the claimant within 30 days on the basis of Cost of the Work, the costs to be reimbursed after receipt of the claimant's last submittal (unless to CONTRACTOR will be only those additional or ENGINEER allows additional time) . incremental costs required because of the change in the Work or because of the event giving rise to the Claim B . ENGINEER 's Decision: ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than ' the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include opposing party, if any. ENGINEER' s written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be final and costs itemized in paragraph 11 . 01 .13 . binding upon OWNER and CONTRACTOR unless : 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER' s decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16 ; or Such employees shall include without limitation superintendents, foremen, and other personnel 2 . if no such dispute resolution procedures employed full time at the Site. Payroll costs for t have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER' s written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll forum.. of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement ' the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto . The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations . 00700 - 32 t2 . Cost of all materials and equipment fur- rental agreements approved by OWNER with the nished and incorporated in the Work, including costs advice of ENGINEER, and the costs of of transportation and storage thereof, and Suppliers ' transportation, loading, unloading, assembly, ' field services required in connection therewith. All dismantling, and removal thereof. All such costs cash discounts shall accrue to CONTRACTOR shall be in accordance with the terms of said rental unless OWNER deposits funds with agreements. The rental of any such equipment, ma- CONTRACTOR with which to make payments, in chinery, or parts shall cease when the use thereof is which case the cash discounts shall accrue to no longer necessary for the Work. OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and d. Sales, consumer, use, and other similar equipment shall accrue to OWNER, and taxes related to the Work, and for which CON- CONTRACTOR shall make provisions so that they TRACTOR is liable, imposed by Laws and Regu- may be obtained. lations . ' 3 . Payments made by CONTRACTOR to e . Deposits lost for causes other than negli- Subcontractors for Work performed by gence of CONTRACTOR, any Subcontractor, or Subcontractors. If required by OWNER, CON- anyone directly or indirectly employed by any of TRACTOR shall obtain competitive bids from them or for whose acts any of them may be liable, subcontractors acceptable to OWNER and CON- and royalty payments and fees for permits and TRACTOR and shall deliver such bids to OWNER, licenses . who will then determine, with the advice of ENGI- NEER, which bids, if any, will be acceptable. If any f. Losses and damages (and related expenses) subcontract provides that the Subcontractor is to be caused by damage to the Work, not compensated by paid on the basis of Cost of the Work plus a fee, the insurance or otherwise, sustained by Subcontractor' s Cost of the Work and fee shall be CONTRACTOR in connection with the perfor- determined in the same manner as mance of the Work (except losses and damages CONTRACTOR's Cost of the Work and fee as within the deductible amounts of property insurance ' provided in this paragraph 11 .01 . established in accordance with paragraph 5 .06 .1)), provided such losses and damages have resulted 4 . Costs of special consultants (including from causes other than the negligence of but not limited to engineers, architects, testing CONTRACTOR, any Subcontractor, or anyone laboratories, surveyors, attorneys, and accountants) directly or indirectly employed by any of them or for employed for services specifically related to the whose acts any of them may be liable. Such losses Work. shall include settlements made with the written consent and approval of OWNER. No such losses, 5 . Supplemental costs including the damages, and expenses shall be included in the Cost following : 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 discharge facilities at the Site. ' of duties connected with the Work: h. Minor expenses such as telegrams, long b. Cost, including transportation and main- distance telephone calls, telephone service at the ' tenance, of all materials, supplies, equipment, Site, expressage, and similar petty cash items in machinery, appliances, office, and temporary facili- connection with the Work. ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of i. When the Cost of the Work is used to the Work, and cost, less market value, of such items determine the value of a Change Order or of a used but not consumed which remain the property of Claim, the cost of premiums for additional Bonds CONTRACTOR, and insurance required because of the changes in the ' Work or caused by the event giving rise to the C . Rentals of all construction equipment and Claim. machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with ' 00700 - 33 j . When all the Work is performed on the D . Documentation: Whenever the Cost of the Work basis of cost-plus, the costs of premiums for all for any purpose is to be determined pursuant to paragraphs Bonds and insurance CONTRACTOR is required by 11 . 01 .A and 11 . 01 .B , CONTRACTOR will establish and ' the Contract Documents to purchase and maintain. maintain records thereof in accordance with generally accepted accounting practices and submit in a form B . Costs Excluded: The term Cost of the Work shall acceptable to ENGINEER an itemized cost breakdown ' not include any of the following items: together with supporting data. 1 . Payroll costs and other compensation of 11 .02 Cash Allowances ' CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general A. It is understood that CONTRACTOR has included managers, engineers, architects, estimators, attor- in the Contract Price all allowances so named in the neys, auditors, accountants, purchasing and con- Contract Documents and shall cause the Work so covered to tracting agents, expediters, timekeepers, clerks, and be performed for such sums as may be acceptable to other personnel employed by CONTRACTOR, OWNER and ENGINEER. CONTRACTOR agrees that: whether at the Site or in CONTRACTOR' s principal or branch office for general administration of the 1 . the allowances include the cost to CON- Work and not specifically included in the agreed TRACTOR (less any applicable trade discounts) of upon schedule of job classifications referred to in materials and equipment required by the allowances paragraph 11 . 01 .A. 1 or specifically covered by to be delivered at the Site, and all applicable taxes ; paragraph I1 .O1 .A.4, all of which are to be and considered administrative costs covered by the CONTRACTOR's fee. 2 . CONTRACTOR' s costs for unloading and handling on the Site, labor, installation costs, 2 . Expenses of CONTRACTOR' s principal overhead, profit, and other expenses contemplated and branch offices other than CONTRACTOR's for the allowances have been included in the office at the Site. Contract Price and not in the allowances, and no demand for additional payment on account of any of 3 . Any part of CONTRACTOR's capital the foregoing will be valid. expenses, including interest on CONTRACTOR's capital employed for the Work and charges against B . Prior to final payment, an appropriate Change CONTRACTOR for delinquent payments. Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 4. Costs due to the negligence of CON- Work covered by allowances, and the Contract Price shall ' TRACTOR, any Subcontractor, or anyone directly be correspondingly adjusted. or indirectly employed by any of them or for whose acts any of them may be liable, including but not 11 . 03 Unit Price Work ' limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and A. Where the Contract Documents provide that all or making good any damage to property, part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price 5 . Other overhead or general expense costs Work an amount equal to the sum of the unit price for each of any kind and the costs of any item not specifically separately identified item of Unit Price Work times the and expressly included in paragraphs 11 . 0 LA and estimated quantity of each item as indicated in the Agree- ' I LO1 .B . ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of C. CONTRACTOR 's Fee: When all the Work is comparison of Bids and determining an initial Contract performed on the basis of cost-plus, CONTRACTOR 9s fee Price. Determinations of the actual quantities and shall be determined as set forth in the Agreement. When classifications of Unit Price Work performed by the value of any Work covered by a Change Order or when CONTRACTOR will be made by ENGINEER subject to a Claim for an adjustment in Contract Price is determined the provisions of paragraph 9 .08 . on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12 . 01 .C. B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to ' 00700 - 34 • . 1 • 1 • 1 ' • • . - - - • . • 1 1 .• YY • ie • • • • • - - 1 , VA • • - • - • • 1 • • 1 _ "M MOTIMIROMWwrarTNUPPIT un MrIlat WMAlk IWASIALmorrun PETSM . _ • • " • • • • 1 1 1 " • II _ Mill. _ _ •is 1 • - • IN DAMrAvAlil • • 4p • _ _ • miff Ol waft 11 11 ' graphs } 2 . 0 } E 2 a through 12 0 } .0 2 e, inelu 12 . 06 Delay Damages Give: ' Paragraphs 12 .06.A and 12 .06 B have been deleted and 12 . 02 Change of Contract Times replaced with a new paragraph. See the Supplementary Conditions. A. The Contract Times (or Milestones) may only be A. I ne event shall OIAL MR or- RT.-oDn-�� changed by a Change Order or by a Written Amendment. liable to GQ�R4�AGTOPU, any SubeentmeteF Any sup IiFw ' Any Claim for an adjustment in the Contract Times (or or- any ether- per-son or or-ganizmien, or- to any stuet�r for- e Milestones) shall be based on written notice submitted by en lege c any f theff4 a " the party making the claim to the ENGINEER and the other of eF esulfin exr a b + party to the Contract in accordance with the provisions of paragraph 10. 05 . } delays reaused b a, the tr , r Cnirrn AmmOn . ,,.- B . Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for 2 delays beyend the eenttel of beth an adjustment in the Contract Times (or Milestones) will be QAV: Mn and GQ, 9! n GT-Q :.,,.,, . a:.. .. btA determined in accordance with the provisions of this Limited to =acs, i}eeds, epidewAes, abxxomml weatheF ' Article 12 . 12 . 03 Delays Beyond CONTRACTOR 'S Control ether- AAYRdr Y � nb „_ _ _nte.... latex ti y ��ele 7 ' A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times Gnntmet Pfiee Y. . nt to thisAFtiel 12 to Te== � (or Milestones) due to delay beyond the control of , CONTRACTOR, the Contract Times (or Milestones) will rlireetl attEiw + bl to Hor- inaefiens f OWNER be extended in an amount equal to the time lost due to such . delay if a Claim is made therefor as provided in paragraph ' 12 . 02 .A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by ARTICLE 13 - TESTS AND INSPECTIONS ; OWNER, acts or neglect of utility owners or other CORRECTION, REMOVAL OR ACCEPTANCE OF ' contractors performing other work as contemplated by DEFECTIVE WORK Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. ' 12 . 04 Delays Within CONTRACTOR 's Control 13 . 01 Notice of Defects A. Prompt notice of all defective Work of which A. The Contract Times (or Milestones) will not be OWNER or ENGINEER has actual knowledge will be ' extended due to delays within the control of given to CONTRACTOR. All defective Work may be CONTRACTOR. Delays attributable to and within the rejected, corrected, or accepted as provided in this control of a Subcontractor or Supplier shall be deemed to be Article 13 . delays within the control of CONTRACTOR. 13 . 02 Access to Work 12 . 05 Delays Beyond OWNER 's and CONTRACTOR 'S Control A. OWNER, ENGINEER, ENGINEER' s Con- sultants, other representatives and personnel of OWNER, A. Where CONTRACTOR is prevented from independent testing laboratories, and governmental agencies completing any part of the Work within the Contract Times with jurisdictional interests will have access to the Site and (or Milestones) due to delay beyond the control of both the Work at reasonable times for their observation, ' OWNER and CONTRACTOR, an extension of the inspecting, and testing. CONTRACTOR shall provide Contract Times (or Milestones) in an amount equal to the them proper and safe conditions for such access and advise time lost due to such delay shall be CONTRACTOR' s sole them of CONTRACTOR' s Site safety procedures and ' and exclusive remedy for such delay. programs so that they may comply therewith as applicable . 00700 - 36 ' 13 . 03 Tests and Inspections CONTRACTOR' s intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice . ' notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and A new Paragraph 13 .03.G has been added. See the testing personnel to facilitate required inspections or tests. Supplementary Conditions. ' Paragraph 13.03.B has been deleted and replaced with a 13 .04 Uncovering Work new paragraph. See the Supplementary Conditions, B . OWNER shall enVley and pay feFthe seMees e A. If any Work is covered contrary to the written an independent t bag l ..b.e eatery to _ ,._c f all Lispe _ __ _ � request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER' s observation and replaced at CONTRACTOR's expense. ' Parts of the last two sentences of paragraph 13 .04.13 eever-ed by paFagrzaphs 13 .03 .0 and . have been deleted. ' B . If ENGINEER considers it necessary or advisable that eests ineurred in cenneetiL that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER ' s 13 .04 .B shall be paid as pfevided in said par-agr-ap request, shall uncover, expose, or otherwise make available 13 . 04 .13 ; an for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, fiunishing all ether""ether3Aise sr � provided d d necessary labor, material, and equipment. If it is found that ConlFaet • such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Paragraph 13.03.0 has been deleted in its entirety, attorneys, and other professionals and all court or arbitration ' or other dispute resolution costs) arising out of or relating to jtwisdietion require any W l (or- r # +l. f) speeifically such uncovering, exposure, observation, inspection, and to be inspected, tested, or- appr-eved by an empleyee or- ethef testing, and of satisfactory replacement or reconstruction ' rapes. „+.,ti. F 1, „b.lie 1+ed !' Q� R4T A GTO L 17 r i; (including but not limited to all costs of repair or assume fill responsibility F s � nd „b + t replacement of work of others) ; and OWNER shall be inspeetieps• entitled to an appropriate decrease in the Contract Price. If ther-&A4 y and fiHilis nA CA:_ ME the required .......: fi _ the parties are unable to agree as to the amount thereof, ' OWNER may make a Claim therefor as provided in paragraph 10 .05 . If, however, such Work is not found to be D . CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed-an-4K-n t ' arranging and obtainin and shall a all costs in connection the G t + D g g g pay an extension of the Contract Times (or with any inspections, tests, or approvals required for Milestones), erg directly attributable to such OWNER ' s and ENGINEER's acceptance of materials or uncovering, exposure, observation, inspection, testing, equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to ' materials, mix designs, or equipment submitted for approval agree as to they er extent thereof, CONTRACTOR prior to CONTRACTOR's purchase thereof for may make a Claim therefor as provided in paragraph 10 . 05 . incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Paragraph 13.05.A has been deleted and replaced with a OWNER and ENGINEER, new paragraph. See the Supplementary Conditions. E. If any Work (or the work of others) that is to be 13 . 05 OWNER May Stop the Work ' inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, A if the Work i ., defeetive, .._ GOTs •r, A GTO fails if requested by ENGINEER, be uncovered for observation. toppJ l. . s ffleie + kAl a lsuitable�i+ "rr sczZA2Tyr ' equinm .,+. fails + rurw,ferthe Work in such ., ._ ... . . z r F. Uncovering Work as provided in paragraph ted WeFk tivill een€erm to the Gentrast 13 . 03 .E shall be at CONTRACTOR' s expense unless CON- Deeumei4s, TRACTOR has given ENGINEER timely notice of the We�..r � +,. er-eer + •l +b r e ' vx aixy-npoxcxvxx a:cxcox, m:a: ccxc caaoc-rci�tt ' 00700 - 37 ' orae- has been li .iated,. h"reve , this right F GVENTER B , In special circumstances where a particular item of to stop the Work shall 1.3.9t Ore rise to any duty en the-paft equipment is placed in continuous service before of OV4qER to eaiereise this right for- the—benefit f Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if nthe• ia&zidual entity, , suEety For- eaVleyee e so provided in the Specifications or by Written Amendment. agent t F any f theFYL- 13 . 06 Correction or Removal of Defective Work C . Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 . 07 , the correction period A. CONTRACTOR shall correct all defective Work, hereunder with respect to such Work will be extended for whether or not fabricated, installed, or completed, or, if the an additional period of one year after such correction or Work has been rejected by ENGINEER, remove it from the removal and replacement has been satisfactorily completed. Project and replace it with Work that is not defective. ' CONTRACTOR shall pay all Claims, costs, losses, and D . CONTRACTOR 's obligations under this damages (including but not limited to all fees and charges of paragraph 13 .07 are in addition to any other obligation or engineers, architects, attorneys, and other professionals and warranty. The provisions of this paragraph 13 .07 shall not ' all court or arbitration or other dispute resolution costs) be construed as a substitute for or a waiver of the provisions arising out of or relating to such correction or removal of any applicable statute of limitation or repose. (including but not limited to all costs of repair or replacement of work of others) . 13 .08 Acceptance of Defective Work . ' 13 . 07 Correction Period A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ' A. If within one year after the date of Substantial ENGINEER' s recommendation of final payment, Completion or such longer period of time as may be ENGINEER) prefers to accept it, OWNER may do so. prescribed by Laws or Regulations or by the terms of any CONTRACTOR shall pay all Claims, costs, losses, and applicable special guarantee required by the Contract damages (including but not limited to all fees and charges of ' Documents or by any specific provision of the Contract engineers, architects, attorneys, and other professionals and Documents, any Work is found to be defective, or if the all court or arbitration or other dispute resolution costs) repair of any damages to the land or areas made available attributable to OWNER' s evaluation of and determination ' for CONTRACTOR's use by OWNER or permitted by to accept such defective Work (such costs to be approved Laws and Regulations as contemplated in paragraph 6 . 1 LA by ENGINEER as to reasonableness) and the diminished is found to be defective, CONTRACTOR shall promptly, value of the Work to the extent not otherwise paid by without cost to OWNER and in accordance with OWNER' s CONTRACTOR pursuant to this sentence. If any such ' written instructions : (i) repair such defective land or areas, acceptance occurs prior to ENGINEER' s recommendation or (ii) correct such defective Work or, if the defective Work of final payment, a Change Order will be issued has been rejected by OWNER, remove it from the Project incorporating the necessary revisions in the Contract ' and replace it with Work that is not defective, and (iii) Documents with respect to the Work, and OWNER shall be satisfactorily correct or repair or remove and replace any entitled to an appropriate decrease in the Contract Price, damage to other Work, to the work of others or other land reflecting the diminished value of Work so accepted. If the or areas resulting therefrom. If CONTRACTOR does not parties are unable to agree as to the amount thereof, ' promptly comply with the terms of such instructions, or in OWNER may make a Claim therefor as provided in an emergency where delay would cause serious risk of loss paragraph 10 .05 . If the acceptance occurs after such or damage, OWNER may have the defective Work recommendation, an appropriate amount will be paid by ' corrected or repaired or may have the rejected Work re- CONTRACTOR to OWNER. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 . 09 OWNER May Correct Defective Work engineers, architects, attorneys, and other professionals and ' all court or arbitration or other dispute resolution costs) A. If CONTRACTOR fails within a reasonable time arising out of or relating to such correction or repair or such after written notice from ENGINEER to correct defective removal and replacement (including but not limited to all Work or to remove and replace rejected Work as required ' costs of repair or replacement of work of others) will be by ENGINEER in accordance with paragraph 13 . 06 .A, or if paid by CONTRACTOR. CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to ' comply with any other provision of the Contract 00700 - 38 ' Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. B . In exercising the rights and remedies under this 14 . 02 Progress Payments paragraph, OWNER shall proceed expeditiously. In ' connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR' s services related thereto, take lished for each progress payment (but not more often ' possession of CONTRACTOR' s tools, appliances, con- than once a month), CONTRACTOR shall submit to struction equipment and machinery at the Site, and incorpo- ENGINEER for review an Application for Payment rate in the Work all materials and equipment stored at the filled out and signed by CONTRACTOR covering Site or for which OWNER has paid CONTRACTOR but the Work completed as of the date of the which are stored elsewhere. CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER' s representatives, agents and employ- documentation as is required by the Contract Docu- ees, OWNER's other contractors, and ENGINEER and ments . If payment is requested on the basis of ENGINEER' s Consultants access to the Site to enable materials and equipment not incorporated in the OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill C. All Claims, costs, losses, and damages (including of sale, invoice, or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court or ment free and clear of all Liens and evidence that the arbitration or other dispute resolution costs) incurred or materials and equipment are covered by appropriate sustained by OWNER in exercising the rights and remedies property insurance or other arrangements to protect under this paragraph 13 . 09 will be charged against CON- OWNER' s interest therein, all of which must be ' TRACTOR, and a Change Order will be issued incorpo- satisfactory to OWNER. rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to 2 . Beginning with the second Application t an appropriate decrease in the Contract Price . If the parties for Payment, each Application shall include an are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all previous OWNER may make a Claim therefor as provided in progress payments received on account of the Work paragraph 10.05 . Such claims, costs, losses and damages have been applied on account to discharge ' will include but not be limited to all costs of repair, or CONTRACTOR' s legitimate obligations associated replacement of work of others destroyed or damaged by with prior Applications for Payment. correction, removal, or replacement of CONTRACTOR's t defective Work. 3 . The amount of retainage with respect to progress payments will be as stipulated in the D . CONTRACTOR shall not be allowed an extension Agreement. of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise B . Review of Applications by OWNER of OWNER' s rights and remedies under this paragraph 13 .09 . 1 . ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment ARTICLE 14 - PAYMENTS TO CONTRACTOR AND and present the Application to OWNER or return the COMPLETION Application to CONTRACTOR indicating in writing ' ENGINEER' s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may 14 . 01 Schedule of Values make the necessary corrections and resubmit the Application. A. The schedule of values established as provided in paragraph 2 .07 .A will serve as the basis for progress 2 . ENGINEER's recommendation of any ' payments and will be incorporated into a form of Applica- payment requested in an Application for Payment ' 00700 - 39 ' will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER' s observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine ' qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens . accompanying data and schedules, that to the best of ' ENGINEER' s knowledge, information and belief: 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER's opinion, it would be incorrect to ' indicated; make the representations to OWNER referred to in paragraph 14 . 02 .13 .2 . ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because : ' mination of quantities and classifications for Unit Price Work under paragraph 9 .08 , and to a. the Work is defective, or completed any other qualifications stated in the Work has been damaged, requiring correction or ' recommendation); and replacement; c . the conditions precedent to b. the Contract Price has been reduced by ' CONTRACTOR' s being entitled to such pay- Written Amendment or Change Orders; ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the c. OWNER has been required to correct Work. defective Work or complete Work in accordance ' 3 . By recommending any such payment with paragraph 13 . 09 ; or ENGINEER will not thereby be deemed to have d. ENGINEER has actual knowledge of the ' represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14 .02 .B.5.e and f have been added. ' inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may not be other Paragraph 14.02.C. 1 has been deleted and replaced with ' matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by C. Payment Becomes Due OWNER or entitle OWNER to withhold payment to CONTRACTOR. 1 . Ten days after- presentatien of tl}e Appheatien €or ^ Paynnent to 63AWER w ,,., 4 . Neither ENGINEER' s review of NGDMED' s renunea'dmier% thezsmeli =t r-eee 2- CONTRACTOR' s Work for the purposes of recom- ____ded • ub e —et to two provisions e f p , :. amu—C -vr —_ "o- -r.. ' mending payments nor ENGINEER's recommenda- 14 .02 .D) beee^_e due and when due 3A411 be paid b tion of any payment, including final payment, will OWNER to GQi 9 o n GTO impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, meth- D . Reduction in Payment ' ods, techniques, sequences, or procedures of construction, or the safety precautions and programs 1 . OWNER may refuse to make payment of incident thereto, or for CONTRACTOR's failure to the full amount recommended by ENGINEER ' comply with Laws and Regulations applicable to because : CONTRACTOR' s performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make ' 00700 - 40 ' a. claims have been made against OWNER A. When CONTRACTOR considers the entire Work on account of CONTRACTOR' s performance or ready for its intended use CONTRACTOR shall notify furnishing of the Work; OWNER and ENGINEER in writing that the entire Work is ' substantially complete (except for items specifically listed Part of Paragraph 14.02.D. 1 .b. has been deleted. by CONTRACTOR as incomplete) and request that b . Liens have been filed in connection with ENGINEER issue a certificate of Substantial Completion, t the Work, exeept here GOThR41ACT-OR w Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to ER to seeufe 4. e s.atis.fae-tie.fla disehaFge ` determine the status of completion. If ENGINEER does not ' sush Liens ; consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons c. there are other items entitling OWNER to therefor. If ENGINEER considers the Work substantially a set-off against the amount recommended; or complete, ENGINEER will prepare and deliver to OWNER ' a tentative certificate of Substantial Completion which shall d. OWNER has actual knowledge of the fix the date of Substantial Completion. There shall be occurrence of any of the events enumerated in attached to the certificate a tentative list of items to be paragraphs 14.02 .B . 5 . a through 14 .02 .B . 5 .c or completed or corrected before final payment. OWNER ' paragraph 15 .02 .A. shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as New paragraphs 14.02.D.1 .e, f, g, and h have been to any provisions of the certificate or attached list. If, after ' added. See the Supplementary Conditions. considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 2. If OWNER refuses to make payment of 14 days after submission of the tentative certificate to the full amount recommended by ENGINEER, OWNER notify CONTRACTOR in writing, stating the OWNER must give CONTRACTOR immediate reasons therefor. If, after consideration of OWNER' S written notice (with a copy to ENGINEER) stating objections, ENGINEER considers the Work substantially the reasons for such action and promptly pay CON- complete, ENGINEER will within said 14 days execute and ' TRACTOR any amount remaining after deduction deliver to OWNER and CONTRACTOR a definitive of the amount so withheld. OWNER shall promptly certificate of Substantial Completion (with a revised pay CONTRACTOR the amount so withheld, or any tentative list of items to be completed or corrected) ' adjustment thereto agreed to by OWNER and reflecting such changes from the tentative certificate as CONTRACTOR, when CONTRACTOR corrects to ENGINEER believes justified after consideration of any OWNER' s satisfaction the reasons for such action, objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER ' 3 . If it is subsequently determined that will deliver to OWNER and CONTRACTOR a written OWNER' s refusal of payment was not justified, the recommendation as to division of responsibilities pending amount wrongfully withheld shall be treated as an final payment between OWNER and CONTRACTOR with ' amount due as determined by paragraph 14 .02 .C. 1 . respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties 14 . 03 CONTRACTOR 's Warranty of Title and guarantees . Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in ' A. CONTRACTOR warrants and guarantees that title writing prior to ENGINEER ' s issuing the definitive to all Work, materials, and equipment covered by any certificate of Substantial Completion, ENGINEER' s Application for Payment, whether incorporated in the aforesaid recommendation will be binding on OWNER and ' Project or not, will pass to OWNER no later than the time CONTRACTOR until final payment, of payment free and clear of all Liens. B . OWNER shall have the right to exclude Substitute "Final Completion" for "Substantial CONTRACTOR from the Site after the date of Substantial ' Completion." There is no Substantial Completion for Completion, but OWNER shall allow CONTRACTOR this Work. Therefore, there is no Substantial reasonable access to complete or correct items on the Completion date, only Final Completion. See tentative list. paragraph SC47.07.A of the Supplementary Conditions. 14 . 04 Substantial Completion ' 00700 - 41 14 . 05 Partial Utilization inspection reveals that the Work is incomplete or defective . CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER' s option of any are necessary to complete such Work or remedy such ' substantially completed part of the Work which has deficiencies . specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14 . 07 Final Payment constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR's performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the ' accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract ' 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- ' If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6 . 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for ' part of the Work is substantially complete and progress payments. request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2 . The final Application for Payment shall ' CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ENGINEER to issue a certificate of Substantial 5 .04 .13 . 7 ; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all ' CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens complete, ENGINEER will notify OWNER and specified in paragraph 14 .07 .A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may furnish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, graph 14 .04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to fiunish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other 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 complete, 1 . If, on the basis of ENGINEER ' s observa- ENGINEER will promptly make a final inspection with tion of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER ' s review of the final TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- ' 00700 - 42 1 ' mentation as required by the Contract Documents, A. The n3a� and aeeeptanee of final paymerA ENGINEER is satisfied that the Work has been ^cam V�,�a completed and CONTRACTOR's other obligations ' under the Contract Documents have been fulfilled, L a waiver- of all Glaiins by OWN ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing #'rem unsettled Liens, a f ti W , —aPPear- ' ENGINEER' s recommendation of payment and Mfflgrtaphi present the Application for Payment to OWNER for 14 ,06, fiam fal=se to b esr � the Gentrae payment. At the same time ENGINEER will also DoeumentseF the tefras „fany speei_ , guamwees give written notice to OWNER and CON- speeified therein, of €rem G0TQq;UV;TQR-9 ' TRACTOR that the Work is acceptable subject to eentan„ing obligati a the G � + n eeu- the provisions of paragraph 14 . 09 . Otherwise, meats ,-ate ENGINEER will return the Application for Payment ' to CONTRACTOR, indicating in writing the reasons 2 of all Qakns by GO T A G for refusing to recommend final payment, in which TOR against QIAEN n ..then- than these � yre.i � 0 case CONTRACTOR shall make the necessary mde In vMfing whieh are still uasetfled-. corrections and resubmit the Application for ' Payment. ARTICLE 15 - SUSPENSION OF WORK AND Paragraph 14.07.C. 1 has been deleted and replaced with TERMINATION ' a new paragraph. See the Supplementary Conditions. C. Payment Becomes Due 15 . 01 OWNER May Suspend Work ' •l . �'l�t3r—da3�s after- � presentation ti MR of the Appheatten for- Payment and The last sentence of Paragraph 15.01 .A has been deleted aeeernpan3ing—deeumentatiei% the—ameMat and replaced with new sentences. See the rpeemme«,tea by ENGMER will beeeme due and, Supplementary Conditions. when dee, will be paid by QAZTkMv to ON A. At any time and without cause, OWNER may ' TRACTOR,rOR, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- 14 . 08 Final Completion Delayed TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall A. If, through no fault of CONTRACTOR, final resume the Work on the date so fixed. GOThnq� A GTnn completion of the Work is significantly delayed, and if shall be allewedanadjustment +h r` . r aet ENGINEER so confirms, OWNER shall, upon receipt of "T 11�ed ' CONTRACTOR ' s final Application for Payment and attributable to any sueh suspensien if GONTn A CTO recommendation of ENGINEER, and without terminating nmkes a Glaim th r r- : .tea in paragraph 10. 05 . the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the 15 . 02 OWNER May Terminate for Cause remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage A. The occurrence of any one or more of the ' stipulated in the Agreement, and if Bonds have been following events will justify termination for cause : fiunished as required in paragraph 5 .01 , the written consent of the surety to the payment of the balance due for that 1 . CONTRACTOR' s persistent failure to portion of the Work fully completed and accepted shall be perform the Work in accordance with the Contract submitted by CONTRACTOR to ENGINEER with the Documents (including, but not limited to, failure to Application for such payment. Such payment shall be made supply sufficient skilled workers or suitable materi- under the terms and conditions governing final payment, als or equipment or failure to adhere to the progress ' except that it shall not constitute a waiver of Claims, schedule established under paragraph 2 . 07 as adjusted from time to time pursuant to paragraph 14 . 09 Waiver of Claims 6 .04) ; ' Paragraph 14.09 has been deleted and replaced in its 2 . CONTRACTOR' s disregard of Laws or entirety with a new paragraph. See the Supplementary Regulations of any public body having jurisdiction; Conditions. 00700 - 43 ' 3 . CONTRACTOR' s disregard of the 15 . 03 OWNER May Terminate For Convenience authority of ENGINEER; or A. Upon seven days written notice to CON- 4 , CONTRACTOR' s violation in any TRACTOR and ENGINEER, OWNER may, without cause substantial way of any provisions of the Contract and without prejudice to any other right or remedy of Documents . OWNER, elect to terminate the Contract. In such case, ' CONTRACTOR shall be paid (without duplication of any New Paragraphs 15.02.A.5 and 15.02.A.6 have been items) : added. Seethe Supplementary Conditions. 1 , for completed and acceptable Work The third sentence of Paragraph 15.02.B has been executed in accordance with the Contract Docu- deleted and replaced with a new sentence. See the ments prior to the effective date of termination, Supplementary Conditions. including fair and reasonable sums for overhead and ' B . If one or more of the events identified in paragraph profit on such Work; 15 .02 .A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 2 , for expenses sustained prior to the the services of CONTRACTOR, exclude CONTRACTOR effective date of termination in performing services from the Site, and take possession of the Work and of all and furnishing labor, materials, or equipment as re- CONTRACTOR's tools, appliances, construction equip- quired by the Contract Documents in connection ment, and machinery at the Site, and use the same to the full with uncompleted Work, plus fair and reasonable ' extent they could be used by CONTRACTOR (without sums for overhead and profit on such expenses ; liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored Paragraph 15.03 .A3 has been deleted in its entirety. ' at the Site or for which OWNER has paid CONTRACTOR 3 , for all elakns, oests, losses, and damages but which are stored elsewhere, and finish the Work as (4wF ading bu4 net 14r. te,, to all fees and ehar-ges ef OWNER may deem expedient. In such case, I arehkeets, - a temeys, and etheF CONTRACTOR shall not be entitled to receive any further n=ew a all -« t t « t t. a$ioQ=axo a'ixa ccrc�urror�x�vm-crcxrnr�r-oci3@r payment until the Work is finished. if the uBpaid balanee e airs„«e _ ..,,,. .«: e.. een«n) ineuffed in .«, emew f ri,e r,,..«. « n re Gen faec r r ee emeeeds all elakm, eests, lesses, an damages (including but n « !kinked to fees a charges r and others ; an u« a ehitee«n attorneys, and other- eC als . .7 ' 4 , for reasonable expenses directly sust�ed—fir--OWNER arising out of er relating—te attributable to termination. ^^ ,, ng—the— Werl � sueh exeess will be paid e GQIT UAGTOR. If such claims, costs, losses, and B . CONTRACTOR shall not be paid on account of damages exceed such unpaid balance, CONTRACTOR loss of anticipated profits or revenue or other economic loss shall pay the difference to OWNER. Such claims, costs, arising out of or resulting from such termination. losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so 15 . 04 CONTRACTOR May Stop Work or Terminate approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this Parts of Paragraph 15.04 have been deleted. paragraph OWNER shall not be required to obtain the A. If, through no act or fault of CONTRACTOR, the lowest price for the Work performed. Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public C. Where CONTRACTOR' s services have been so authority, or ENGINEER fails to act on any Application for terminated by OWNER, the termination will not affect any Payment within 30 days after it is submitted, OWNS rights or remedies of OWNER against CONTRACTOR faits f- 30 , . y. to . CONTRACTORe ,. a then existing or which may thereafter accrue. Any retention de«em4 ea to be a e, then CONTRACTOR may, upon ' or payment of moneys due CONTRACTOR by OWNER seven days written notice to OWNER and ENGINEER, and will not release CONTRACTOR from liability. provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the A new Paragraph 15.02.D has been added. See the Contract and recover from OWNER payment on the same Supplementary Conditions. terms as provided in paragraph 15 . 03 . In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application 00700 - 44 ' for Payment within 30 days after it is submitted, or A. The duties and obligations imposed by these General Conditions and the rights and remedies available sum fnalbr date a to be due, CONTRACTOR may, hereunder to the parties hereto are in addition to, and are not seven days after written notice to OWNER and to be construed in any way as a limitation of, any rights and ENGINEER, stop the Work until payment is made of all remedies available to any or all of them which are otherwise such amounts due CONTRACTOR, including interest imposed or available by Laws or Regulations, by special ' thereon. The provisions of this paragraph 15 .04 are not warranty or guarantee, or by other provisions of the intended to preclude CONTRACTOR from making a Claim Contract Documents, and the provisions of this paragraph under paragraph 10 .05 for an adjustment in Contract Price will be as effective as if repeated specifically in the Contract or Contract Times or otherwise for expenses or damage Documents in connection with each particular duty, directly attributable to CONTRACTOR' s stopping the obligation, right, and remedy to which they apply. Work as permitted by this paragraph. 17 . 04 Survival of Obligations ' ARTICLE 16 - DISPUTE RESOLUTION A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance ' with the Contract Documents, as well as all continuing 16 . 01 Methods and Procedures obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Paragraph 16.01 .A has been deleted and replaced with a Work or termination or completion of the Agreement. new paragraph. See the Supplementary Conditions. , if any, 17 .05 Controlling Law shallbeas set €e�� in the Supplementary Conditions if ne Paragraph 17.05.A has been deleted and replaced with a mn41. ,.a and preeedufe has been „ et f fth, n ... . eet ._ the new paragraph. See the Supplementary Conditions. pr-evisiens a€—paragraphs 409 and 10.05 , O-Wl%l R and A . This Gent aet is to be , e a by t , A CONTRCTO my exer-eise such l+tOF Femedies as trete . . NA the D« leea is 7 ..t ,7 either- may etheFv�rise have under- the G t.... t T ' by a - Deb •' retie.. .. :., e t of any dispute. New Paragraphs 17.06 and 17.07 have been added. See the Supplementary Conditions. ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be ' deemed to have been validly given 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 00700 - 45 SNOIlIaNOO lb213N39 3Hl Ol SNOIl1aN0O J121 `d1N3W31ddf1S � i 1 i 1 i r SECTION 00800 = SUPPLEMENTARY CONDITIONS ' TO THE GENERAL CONDITIONS ' TABLE OF CONTENTS Article Title Article Number Introduction SC - 1 . 00 1 Defined Terms SC — 1 . 01 Terminology SC — 1 . 02 Before Starting Construction SC —2 . 05 Pre-Construction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Differing Subsurface or Physical Conditions SC - 4 . 03 Hazardous Environmental Conditions at Site SC - 4 . 06 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 Acceptance of Bonds and Insurance ; Option to Replace SC — 5 . 09 Labor; Working Hours SC — 6 . 02 Substitutions and " Or- Equals" SC — 6 . 05 Concerning Subcontractors , Suppliers , and Others SC — 6 . 06 Permits SC — 6 . 08 Shop Drawings and Samples SC — 6 . 17 Indemnification SC - 6 . 20 REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-i F:\Public Works\KeithMlStormwaler Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 Replacement of Engineer SC — 8 . 02 Decisions on Requirements of Contract Documents and Acceptability of Work SC - 9 . 09 Change of Contract Price SC — 12 . 01 ' Delay Damages SC — 12 . 06 Test and Inspections SC — 13 . 03 Owner May Stop the Work SC — 13 . 05 Progress Payments SC — 14 . 02 UncoveringWork SC — 13 . 04 Final Payment SC — 14 . 07 Waiver of Claims SC - 14 . 09 OWNER May Suspend Work SC — 15. 01 OWNER May Terminate For Cause SC — 15 . 02 OWNER May Terminate For Convenience SC — 15 . 03 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 DISPUTE RESOLUTION SC — 16 Controlling Law SC — 17 . 05 Liens SC — 17 . 06 Substantial Completion SC — 17 . 07 REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-11 :\P Fublic Works\KeithM\Slormwater Projects\Harmony Oaks Mitigation Project\Construcooction Contract\Bidding and Construction Contract Documents\REVISED - 00600 - Supplementary Conditions.doc Rev. 05/01 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS rSC -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 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 meanin s indicated in the General Conditions . SC -1 . 01 Defined Terms SC- 1 . 01 .A. 15 . Add the following sentence at the end of paragraph GC- 1 . 01 . A . 15. The CONTRACTOR shall be a contractor licensed in the State of Florida to perform construction services of the type required for this project. SC- 1 . 01 . A. 20 . Add the following language at the end of GC- 1 . 01 . A . 20: ENGINEER 'S Consultant: Name : Carter Associates , Inc. Address : 1708 21 st Street City, State , Zip : Vero Beach , Florida 32960 Phone : (772) 562-4191 SC -1 . 02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1, 2, and 3 in their entirety and insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish " shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or installation and in usable or operable condition . 2 . The word " install " shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform" or " provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . ' SC- 1 . 02 . D . 4 Delete paragraph GC- 1 . 02. D. 4 in its entirety. 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 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 REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800- 1 F :\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Constructiontion Contractl8iddingsnd Construction Contract Documents\REVISED - 00800 - Supplementary Condilions.doc Rev. 05/01 shall the CONTRACTOR allow any Subcontractor to commence work on his t 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 Pre-Construction 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 pre-construction 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 . 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 did not rely upon any reports of explorations and tests of subsurface conditions at the Site . Likewise , in the preparation of Drawings and Specifications , ENGINEER or ENGINEER's Consultants did not rely upon any drawings of physical conditions in or relating to existing surface and subsurface structures which are at or contiguous to the Site . SC4. 03 Differing Subsurface or Physical Conditions SC-4 . 03 . C . 3 Delete the following text from the second sentence of paragraph GC-4. 03. C. 3: SC -4 . 06 Hazardous Environmental Conditions at Site REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-2 F:\Public Works\KeilhMlStormwater Projects\Harmony Oaks Miliga6on Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 SC-4 . 06 . G Delete paragraph GC-4. 06. G in its entirety. SC-4 . 06 . H Delete paragraph GC-4. 06. H in its entirety. 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 paragraph 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 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 3 , 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 . 01 . 6 . Delete paragraph GC-5. 01 . 8 in its entirety and insert the following paragraph in its place: B . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in -fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . SC -5. 03 Certificates of Insurance 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. 8: 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 : REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-3 F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00600 - Supplementary Conditions.doc Rev. 05101 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 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 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 . Owned 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 review and approval . b . " Indian River County, a political subdivision of the state of 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 9s 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 . REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-4 F:\Public Works\KeithM\Slormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions .doc Rev. 05/01 D . Should the CONTRACTOR at any time , neglect or refuse to provide the insurance required herein , or should such insurance be canceled or should the full annual aggregate amount of any policy not be available to satisfy the requirements of the Contract, the OWNER shall have the right, but not the obligation , to procure such insurance for the CONTRACTOR and the cost thereof shall be deducted from the monies then due or thereafter to become due to the CONTRACTOR or to declare CONTRACTOR in default under the Contract . SC -5. 05 OWNER's Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5. 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06.A, 8, 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 REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-5 F :\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 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. SC -5. 07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC -5. 09 Acceptance of Bonds and Insurance ; Option to Replace SC-5 . 09 Delete GC-5. 09 in its entirety. Y SC -6 . 02 Labor; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. 8: 1 . Regular working hours are defined as Monday through Friday , excluding Indian River County Holidays , from 7 a . m . to 5 p . m . ' 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 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 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' s 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 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 emergency upon specific permission of the ENGINEER . SC -6 . 05 Substitutes and " Or-Equals " SC-6 . 05 .A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A . Whenever an item of material or equipment is specified or described in the Con - tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no other will be considered . If the specification or description contains or is followed by words such as "equivalent" or "or-equal , " then the specification or description is intended to establish the type , function , appearance , and quality required . In such REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-6 F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contrail Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 case , substitution of other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. SC-6 . 05 .A. 1 . a . (ii ) Delete sentence GC-6. 05.A . 1 . a. (ii) in its entirety and insert the following in its place: ( ii ) it will reliably perform at least equally well the function of the named item of material or equipment, and ; SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C. Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish y 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 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 contained in Appendix "A" ) : 1 . St . Johns River Water Management District Permit No , 4-061 -71269- 1 . C . The CONTRACTOR shall obtain and pay for all other required permits and 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 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 . 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC- 6. 17. F. G . Section 01340 — " Submittal of Shop Drawings , Product Data , and Samples " shall ' supplement Section 6 . 17 of the General Conditions . In the event of a conflict , Section 01340 shall govern . SC -6 .20 Indemnification SC-6 . 20 Delete paragraph GC- 6. 20. A in its entirety and insert the following in its place: A. CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney's fees , to the extent caused by the negligence , recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 oo800a F:\Public WorkslKeithM\Stormwater ProjectslHarmony Oaks Mitigation Project\Construction ConlractlBidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. SC -8 . 02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02. A : SC -9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work SC-9 . 09 Delete paragraph GC-9. 09. 8 in its entirety. SC -12 . 01 Change of Contract Price SC- 12 . 01 . 13 . 2 Delete the following text from paragraph GC- 12. 01 . B. 2 and add a "period" () at the end of the remaining text. : with an12 . 01 . G . 2) ,: nr vr - . SC- 12 . 01 Delete paragraphs GC- 12. 01 . 8. 3 and GC- 12. 01 . 0 in their entirety. SC - 12 . 06 Delay Damages SCA 2 , 06 Delete paragraphs GC- 12. 06. A and GC- 12. 06. 8 in their entirety and insert the following paragraph in their place: A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR , any Subcontractor, any Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project are time extensions . SC - 13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete paragraph GC- 13. 03. B in its entirety, and insert the following in its place: iB . 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 t 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 paragraph 13 . 03 . D below; 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 6 shall be paid as provided in said paragraph 13 : 04 . 6 ; 3 , tests otherwise specifically provided in the Contract Documents . REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-8 F :\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 1 SC- 13 . 03 . 0 Delete GC- 13. 03. 0 in its entirety. SC- 13 . 03 . Add the following paragraph immediately after paragraph GC- 13. 03. F. G . The OWNER shall use the following testing laboratory: AM Engineering & Testing , Inc. Contact person = David Aucker Telephone number = (772 ) 567-6167 . SC - 13 . 04 Uncovering Work SC- 13 . 04 . 6 Delete portions of the last two sentences as follows: ' If, however, such Work is not found to be defective , CONTRACTOR shall be allowed an extension of the Contract Times (or Milestones ) , directly attributable to such uncovering , exposure , observation , inspection , testing , replacement , and reconstruction . If the parties are unable to agree as to the,ametnt 9 extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10 . 05 . SC -13 . 05 OWNER May Stop the Work ' SC- 13 . 05 . A. Delete paragraph GC43. 05.A in its entirety and insert the following paragraph in its place: 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 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 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 . SC - 14. 02 Progress Payments SC- 14 . 02 . 13 . 5 . Add the following paragraphs at the end of paragraph GC- 14. 02. 8. 5: 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 REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-9 F:1Public WorkslKeithMlSlormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida Prompt Payment Act" ( F . S . Chapter 218 . 70 , et. seq ) . SC- 14 . 02 . D . 1 . b Revise GC44. 02. D. 1 . b to read as follows: b . Liens have been filed in connection with the Work . SC- 14 . 02 . DA Add the following paragraphs at the end of paragraph GC- 14. 02. D. 1 . d: e . CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors ; f. the Work for which payment is requested cannot be verified ; g1 of persistent failure to carry out the Work in accordance with the Contract Documents , or otherwise unsatisfactory prosecution of the Work; or h , of any other breach of, default under or violation of, or failure to comply with , the provisions of the Contract Documents , SC -14 . 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14. 07. 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' ( F. S . Chapter 218 . 70 , et. seq ) . SC - 14 . 09 Waiver of Claims SC- 14 . 09 Delete paragraph GC- 14. 09. A in its entirety and insert the following paragraph in its place: A. Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work . Any payment , however, final or otherwise , shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds , SC -15. 01 OWNER May Suspend Work SC- 15 . 01 . A Delete the last sentence in paragraph GC- 15. 01 . A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension . REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800- 10 F :\Public Works\KeilhM\Slormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplemenlary Conditions.doc Rev. 05/01 1 SC -15. 02 OWNER May Terminate For Cause SC- 15 . 02 . A. 5 and SC- 15 . 02 .A. 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 5 . CONTRACTOR's violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . ' SC- 15 . 02 . 13 Delete the third sentence in paragraph GC45. 0.2. 8 and insert the following in its place: If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages (including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and dispute resolution or litigation costs ) sustained by OWNER arising out of or relating to completing the Work , CONTRACTOR will be paid for acceptable earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents , prior to the effective date of termination . ' SC- 15 . 02 . D Add the following new paragraph immediately after paragraph GC- 15. 02. C: D . CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination . SC -15 . 03 OWNER May Terminate For Convenience SCA 5 . 03 .A. 3 Delete paragraph GC- 15. 03.A . 3 in its entirety. SC-15 . 04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04.A : rop OWNER fails fein 30 days te pay GONTRACTOR any GUM fiRally deteFmiRed te be due-, SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A: 1E)F OWNER has faeled for 30 days to pay GONT-RAGTOR any sum fiRally determkied te be dtle-1 SC - 16 DISPUTE RESOLUTION SC- 16001 . A. Delete paragraph GC- 16. 01 .A in its entirety and insert the following paragraph in its rplace: A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu - ments or the breach thereof, to mediation by a certified mediator of the 19th r Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800-11 F :\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 have under the Contract Documents or by Laws or Regulations in respect of any dispute . SC -17 . 05 Controlling Law SC- 17 . 05 . A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph h in its place: A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . ' Add the following new paragraphs immediately after paragraph GC17. 05: SC - 17 . 06 Liens A . This project is a " Public Works " under Chapter 255 , Florida Statutes . No 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 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 . ' SC - 17 . 07 Substantial Completion A. Substitute " Final Completion" for "Substantial Completion . " There is no Substantial Completion for this Work . Therefore , there is no Substantial Completion date , only Final Completion . + + END OF SUPPLEMENTARY CONDITIONS + + REVISED - 00800 - Supplementary Conditions — Revised 11 -24-03 00800- 12 F:\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Conslrudion Contract\Bidding and Construction Contract Documents\REVISED - 00800 - Supplementary Conditions.doc Rev. 05/01 1 1 1 1 1 1 1 1 1 1 1 1 1 SNOIlVO1 :1133dS ' 1 1 1 1 1 INDEX TO THE TECHNICAL SPECIFICATIONS HARMONY OAKS MITIGATION PROJECT DIVISION 1 = GENERAL REQUIREMENTS 01009 Special Provisions 01010 Summary of Work 01025 Measurement and Payment ' 01026 Schedule of Values 01040 Project Coordination 01050 Surveying and Field Engineering Services 01091 Reference Standards 01092 Abbreviations and Symbols 01210 Pre-Construction Conference 01330 Required Submittals 01410 Testing Laboratory Services 01520 Construction Facilities and Temporary Controls 01541 Protection of the Work and Property 01542 Operations in Highway Rights-of-Way 01543 Maintenance and Protection of Traffic ' 01550 Access Roads and Parking Areas 01710 Site Cleanup and Restoration 01720 Record Drawings 01810 Project Closeout for Part 1 of the Contract DIVISION 2 - SITE WORK ' 02050 Site Preparation 02225 Erosion Control and Treatment of Dewatering Water and Stormwater Runoff From the Construction Site ' 02230 Grading 02238 Wetland Mitigation Planting and Warranty for Part 1 of the Contract 02239 Five-Year Maintenance of the Wetland Mitigation Area for Part 2 of the Contract + + END OF INDEX TO THE TECHNICAL SPECIFICATIONS + + ' Table of Contents Page 1 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Table of Contents.doc 1 SECTION 01009 ' SPECIAL PROVISIONS 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 maybe necessary to insure the prosecution of the work . 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 : the Indian River County Road and Bridge Facility at 4550 41st Street , Vero Beach , at the CONTRACTOR' s ' expense . All material and equipment not in salvageable condition , as determined bythe ENGINEER and the OWNER , shall be disposed of bythe CONTRACTOR , at ' the CONTRACTOR's expense . D . Requirements of Permits or Grants : In addition to these Specifications , all work shall comply with the requirements of local permitting agencies , St . Johns River Water ' Management District , and all other state or federal agencies ' permit or grant requirements . If there is a conflict between the Specifications and any permit or grant requirement , then the most stringent specification or requirement shall govern . ' In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . ' E . Other Specifications and Requirements : In some instances , the Specifications contained herein may referto other requirements or specifications (such as FDOT' s Standard Specifications for Road and Bridge Construction ) . If there is a conflict between the Specifications and any referenced specification or requirement , then the most stringent specification or requirement shall govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . ' F . Notify all permitting agencies of intention to begin construction . Give proper notification within the time frame required by the agency . ' Last revised 3/1 /03 01009- 1 HARMONY OAKS FAPublic WorksVeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 1 \01009 - Special Provisions .doc 1 G . Give the ENGINEER ten ( 10 ) days minimum notice before beginning work on the Project . H . Give the ENGINEER a minimum of 48 hours notice before performing any test . ' I . 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 . J . Do not work overtime unless authorized to do so by OWNER . If overtime is ' required , provide 48 hours minimum notice to the ENGINEER . K . Do not perform any work on holidays or weekends that requires inspection by the ENGINEER or OWNER , without first obtaining the OWNER' s written permission . L . Anything mentioned in the Specifications and not shown in the Drawings , or shown in the Drawings and not mentioned in the Specifications , shall be of like effect as if shown or mentioned in both . M . Do not start any work that involves modification to existing facilities , until written approval and authorization has been received from the OWNER or his designated representative . Afterwritten approval and authorization has been received , give the OWNER a minimum of 48 hours advance notice before starting any work that involves modifications to existing facilities . N . Maintain existing drainage during construction . O . Site access is from 4th Avenue S . E . See Location Map next page . ' P . The County will flag all corners of the project before construction begins . ' Q . The County has installed a temporary access culvert across the ditch at the end of 4th Avenue S . E . Maintain the ditch crossing during the Contract period . ' + + END OF SECTION + + 1 ' Last revised 7/ 17/03 01009-2 HARMONY OAKS FAPublic WorksV(eithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction ContractUechnical ' Specifications\Division 1 \01009 - Special Provisions .doc SEE MAP NO . 30 'co ST A OAK RIDGK x Cm 1DST SW 10 ST ASO ® W 3 F- 4� °' F- FIEPT F- A v aD v v TANGL ODD DR ' x4 , n LC "' a �� S W 11 ST §iR t 1- > v > r > S6 11 ST w Q Q v ' Q . eo r C> Q RIVER C003 F- 11P " as 14 . PL SHORES W 11 ST a SE. t-2' S] ¢-41NDIAN �q I LA H SE 12 Q; QUfE ST., a 13 ST zLL OFFERS M j 2 ST SE 12 ' Qli 12D �u I HOLIDAY ST13 PL N G. ROYE ISLE GEbR�I^�� 13 Sp N� �i� LAKE o f to ¢ FLAM.I GO ST 14 ST 1 GROVEQ: ISLE z 1 . easr LaKl: las� 3 MPRE� � 14 PL �. 2 WEST LAAKE JAS` AAp ' Q Dir 15 sr CROVE ISI F ORCHID mgr DI " BLACKS NI T 1�� Q - GI fl His e Q SW. jI 4S 3A9 2 a> s9c H ,, GARDEN ' a 1 � W 3 sw 11sfi 4 �—, � ; Pl a '� �� y TAMARINOA PL $ 4 u 1 B a ST ^ QaRDEN. . W r PLANT ION Sw 18 t PL �BQ� PKWY aoG L RI E wa a . a y sw CO 19 aIm m `� 4 r rH 9 M COt, Y ST 9 � 3 LA z= SW 19 � �� s PL zI" 9F � av SW 9 CIR `R7g9 . lD�f $ E 19W ST ae > SW 20rS S� Gy S 1 D Q1 C ¢ r D o �� SW 20 �A PL �yLAo ,n 21 RZD E : � . 31 a c ADO\(3 R5 � w " v' Allc� p y SE 1z S 22 ST LORIDA RIDGESE 23 ST 22 PL y ` � . a � SW z► s � 3 � P 23 n W ' SE ; 1 �I sw a z4 c° ST a Z 'a 'a VERO SHORES _ o SW a E J 24 rbor Branch U ;24 nstitution Inc. 4 ^ � $w. b y 25 :. 3 ST H y yW N .rn: PL . : 3 PENNY LA LA PUEfl7A�0� N'V/tlA �ES�qTE T 34 S - - AVE o OS DEL NO TE k , y uj ST LUCIE COON a O � 2 Q.. mLWt �' s ' I d' o AVE Q RBOLES DEL OR off' G IPANEMA WY AVE � � ,= � � � ��RAND AMINO W �u' BLVD < J m a ' J �A�° 1� D BLVD DAkl1E. _ ILI c axOE n y � J z IRA BLV ca \ NNN ,, : ' �y Z HARBOR -� VO IJP 60 (� BLVD (( MDSE ARTI�o r J RD 1 Moy.Y � ' `�I "' 3. 4951 � Z Ro `o 'ms PANISH . � } r <<f9 LAKES V = a AVE � 'S C 1 q� , � BRANC , _J NO � OCTAVID lar; ^ a 9I .Tr AVE - (— + x:a BUENOS AWES (� pUE T PER CIj bnouw ` zl BAYARD RD �SOL � AOE �n`aNc9e ' Al��. F,3 D CAL s c9 . HL LAKES c A AVE E �y T�<<EUNTR Y CLUB O C E t KENWDOD ¢ D �W . Mw .> < : z T1 o ' J DONLON RD FEIIPE713 SECTION 01010 SUMMARY OF WORK 1 . 1 GENERAL A . The summary of the Work described in this Section is an overall summary of the ' responsibilities of the CONTRACTOR and his relation to the OWNER . 1 . 2 LOCATION OF WORK ' A . The proposed work is located in the Harmon Oaks Conservation Area in southern p p y Indian River County, directly east of U . S . Highway No . 1 and directly south of Vero Shores Subdivision . 1 . 3 WORK TO BE DONE A . To determine the full scope of the project or any particular part of the project , coordinate the applicable information in the various parts of these Contract Documents . In general , this Contract covers the restoration and enhancement of a portion of the Harmony Oaks Conservation Area (Conservation Area ) as mitigation for the destruction of existing wetlands by Indian River County at another County project. Work includes but is not limited to , clearing and grading approximately 4 . 98 acres of the Conservation Area and restoring it to pre-developed conditions by re- contouring it to approximately existing elevations and planting native vegetation ; hand clearing exotic vegetation (dead and alive ) including any debris , from approximately 2 . 08 acres of the Conservation Area , and maintaining (eighty percent survival rate ) all of the new vegetation for a period of five years after initial planting and acceptance by the OWNER . ' Be Furnish all the labor, materials , equipment, tools , plant , supervision , transportation , safety control , traffic control , services , incidentals , etc. to complete all of the work in a first-class workmanlike manner as required by the Contract Documents to the full ' and complete satisfaction of the Owner. All work shall be performed by craftsmen skilled in their trade . ' C . Work shall include all repairs , replacements and restoration required as a result of damages caused during the construction process . ' D . Furnish and install all materials , equipment and labor which are reasonably and properly inferable and necessary for the proper completion of the work, even though said materials , equipment and labor may not be specifically indicated in the Contract ' Last Revised 3/11 /03 01010- 1 HARMONY OAKS F. Public Works\Keithwstormwater Projects\Harmony Oaks Mitigation Project\construction contract7echnicai Specifications\Division 1 \01010 - Summaryof Work.doc Documents . ' 1 .4 CONTRACTS A . The Work shall be constructed under one prime contract . 1 . 5 PARTIAL UTILIZATION BY OWNER A. Conduct the Work to maintain existing facilities in operation at all times . 1 . 6 CONTRACTOR' s USE OF PREMISES ' A . Secure a location for on-site storage of all material and equipment necessa for 9necessary completion of this project . Submit the proposed location and storage layout to the iOWNER/ENGINEER at the pre-construction conference for approval . Be Assume full responsibility for protection and safekeeping of products stored on or off premises . Co Move stored products that interfere with the operations of the OWNER . D r all additional to Obtain and pay fo a storage or work areas required . E . Provide and pay for labor, materials and equipment ; tools , construction equipment and machinery ; water, heat and utilities required for construction ; and other facilities and services necessary for proper execution and completion of the work. F . Secure and pay for Government Fees and Licenses . G . Give required notice to Agencies and to the public. Take particular care to adequately inform the public of scheduled temporary disruption of water, drainage , and/or sewer services . H . Comply with codes , ordinances , rules , regulations , orders and other legal requirements of public authorities which bear on performance of the Work. I . Maintain traffic on all roads and streets , in compliance with the Contract Documents . + + END OF SECTION + + Last Revised 3/11 /03 01010-2 HARMONY OAKS RIPublic Worksweithmstormwater Projects\Harmony oaks Mitigation Project\construction contract erechnicai SpecificationsUivision 1 \01010 - Summary of Work.doc SECTION 01025 MEASUREMENT AND PAYMENT Revised January 9 , 2004 Per Addendum No . 1A 1 . 1 DESCRIPTION A . The items listed below, beginning with Paragraph 1 . 5 , refer to and are the same pay items listed in the Bid Form . They constitute all of the pay items for the completion of the Work. Furnish and install any items shown or omitted that are required for a ' complete installation , at no additional cost to the OWNER . No direct or separate payments will be made for providing miscellaneous temporary or accessory works , plant , services , CONTRACTOR' s field office , repair or replacement of existing utilities , job signs , sanitary requirements , testing , safety devices , replacement of unpaved roads , clean -up , protection of the Work and property, field verification or location of buried utilities , water supplies , power, maintaining traffic , removal of waste , watchmen , and all other similar requirements of the General Conditions , Supplementary Conditions , General Requirements , and the Specifications . Compensation for all such services , things , and materials shall be included in the prices stipulated for the lump sum or unit price pay items , as applicable , listed herein . B . Each lump sum and unit bid price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item . C . Note that many of the descriptions for payment of the bid items listed below may include the words " including but not limited to , " followed by a list of specific items that are included in the bid item . The use of " included but not limited to , " or similar words , means that other items may be included in the bid item , but they have not been listed by the ENGINEER . If a list is provided , it is intended only as an aid to the CONTRACTOR and it shall not limit the actual items that are included in the bid item . 1 . 2 ENGINEER' S ESTIMATE OF QUANTITIES A . ENGINEER' s estimated quantities for unit bid prices , as listed in the Bid Form , are approximate only and are included solely for the purpose of comparing Bids . OWNER does not expressly or by implication agree that the nature of the materials encountered or the actual quantities of material encountered or required will correspond therewith . OWNER reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary. Last revised 1 /13/04 01025- 1 HARMONY OAKS FAPublic WorksWeithM\Stormwater Projects\Harmony oaks Mitigation Project\Construction Contract\Technical Specifications0vision 1 \Addendum #1 - 01025 - Measurement and Payment.doc i CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement , or by any changes or alterations in the Work ordered by OWNER , and for use in the computation of the value of the Work performed for progress payments . 1 . 3 RELATED PROVISIONS A. Payments to CONTRACTOR : Refer to General Conditions and Agreement . tB . Changes in Contract Price : Refer to General Conditions . 1 . 4 SPECIAL COMMENTS RELATED TO PAYMENT A . As discussed in Section 02239 , Part 2 of the Contract (" Five-Year Maintenance of Wetland Mitigation Area ") requires the CONTRACTOR to maintain the wetland mitigation area for a period of five years following final acceptance of the Work by the OWNER . Final acceptance by the OWNER occurs after all grading , planting , and other construction and clean -up activities included in Part 1 of the Contract are complete and the site is compliance with the St . Johns River Water Management District (SJRWMD ) permit conditions . (Le . The Work has been constructed to the satisfaction of the OWNER and permitting authorities and consequently, the CONTRACTOR is ready to vacate the site . ) At this final acceptance point , the CONTRACTOR may submit a final pay request to the OWNER for Part 1 of the Contract and also request release of all retainage for Part 1 of the Contract . Payment for Part 2 of the Contract will be made in six-month increments , beginning six months after the date of final acceptance by the OWNER . The CONTRACTOR may request that one-half of each particular year's worth of retainage be released at ' the end of that particular year. Assuming the CONTRACTOR has satisfactory performed , the ENGINEER will then request that the OWNER pay CONTRACTOR said portion of retainage . Assuming satisfactory performance by the CONTRACTOR and compliance with the St. Johns River Water Management District (SJRWMD ) permit conditions , the remainder of the retainage for Part 2 of the Contract will be released at the end of maintenance year 5 . 1 . 5 BID ITEMS i PART 1 OF THE CONTRACT : GENERAL ITEMS A. Item 1 . 01 — Mobilization/Demobilization : rLast revised 1 /13/04 01025-2 HARMONY OAKS R\Public WorksVeithmstormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical SpecificationsUivision 1 \Addendum #1 - 01025 - Measurement and Payment.doc i 1 . Measurement and Payment : The lump sum payment will be full compensation for mobilization of construction operations , including but not limited to , ' performance of construction preparatory operations , including all labor and materials necessary to transport equipment and personnel to the project site , temporary construction utilities , CONTRACTOR' s field offices , and removing all ' of the CONTRACTOR ' s equipment, etc , from the project site when the Work is complete . The total lump sum to be paid for this item shall not exceed five (5) percent of the total bid . Fifty (50 ) percent of the bid item amount may be paid in the first application for payment and the remaining fifty (50 ) percent of the bid item amount shall be paid in the last application for payment as demobilization . No additional payment will be made for demobilization or remobilization due to shutdowns , suspensions of work or for other mobilization activities . B . Item 1 . 02 - Maintenance of Traffic: 1 . Measurement and Payment : The lump sum payment will be full compensation for implementation of the Traffic Control Plan , including but not limited to , furnishing all labor, materials , equipment and incidentals required to maintain traffic , including necessary detour facilities and traffic control signals during construction , and conformance to requirements of the Contract Documents , the ' " Manual of Uniform Traffic Control Devices " ( M . U . T . C . D . ) Part IV , and Florida Department of Transportation Roadway and Traffic Design Standards Index No . 600 series . Payment will be based on percent of earned contract ( i . e . , 10 percent of lump sum amount will be paid at 10 percent of earned contract amount) . C . Item 1 . 03 - Project Record Documents : 1 . Measurement and Payment : The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to prepare Project Record Documents , including survey work and AutoCad work . This bid item shall be paid in the final pay request and after the Record Documents have been approved by the ENGINEER . No partial payments for Project Record Documents shall be made . No additional paymentwill be made for revisions to Project Record Documents to make them comply with the contract requirements . D . Item 1 . 04 - Performance Bond : 1 . Measurement and Payment : The lump sum payment will be full compensation for providing a Performance Bond as required by these Contract Documents . The total lump sum to be paid for this item shall not exceed one and one = ' half ( 1 . 5) percent of the total bid . Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five (75 ) percent of the bid item amount shall be paid in the last iLast revised 1 /13/04 01025=3 HARMONY OAKS R\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction ContractUechnical Specifications0vision 1 \Addendum #1 - 01025 - Measurement and Payment.doc ' application for payment . E . Item 1 . 05 - Payment Bond : 1 . Measurement and Payment : The lump sum payment will be full compensation for providing a Payment Bond as required by these Contract Documents . The total lump sum to be paid for this item shall not exceed one and one -half ( 1 . 5) percent of the total bid . Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five ' (75 ) percent of the bid item amount shall be paid in the last application for payment . F . Item 1 . 06 - Survey Work: 1 . Measurement and Payment : The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to testablish and protect survey control points , replace disturbed or destroyed property monuments and survey control points , and perform construction staking . Twenty-five (25 ) percent of the bid item amount may be paid in the first ' application for payment , twenty-five (25 ) percent may be paid at approximately the one-half way point in the construction contract, and the remaining fifty (50 ) percent of the bid item amount shall be paid in the last application for payment . G . Item 1 . 07 - Insurance Coverage Bid Items 1 . 07 g ( 1 through 1 . 075 , Inclusive ) : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for providing the insurance coverage required by the Contract Documents . Payment for Insurance Coverage will not be made until the project is complete and accepted by the OWNER . EARTHWORK H . Item 2 . 01 — Prevention , Control , and Abatement of Erosion and Water Pollution From the Construction Site and the Contractor' s Activities : 1 . 1 Item 2 . 01A — Design : 1 . Measurement and Payment : The lump sum payment will be full compensation for site-specific design of an erosion and stormwater pollution control system (s ) by a specialty subcontractor in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor; materials ; and equipment. ' 1 . 2 Item 2 . 01 B — Installation : 1 . Measurement and Payment: The lump sum payment will be full compensation for a specialty subcontractor installing an erosion and stormwater pollution ' control system (s ) in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor; materials ; and equipment . Upon proper installation , the CONTRACTOR may be paid for up to 75 percent ' Last revised 1 /13/04 01025-4 HARMONY OAKS F:\Public WorksWeithmstormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications0vision 1 \Addendum #1 - 01025 - Measurement and Payment.doc of the bid item amount, with the remainder being paid when the Work is complete and accepted by the OWNER . 1 . 3 Item 2 . 01 C — Maintenance : 1 . Measurement and Payment : The lump sum payment will be full compensation for a specialty subcontractor maintaining the erosion and stormwater pollution control systems ) in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor; additional materials ; replacement materials ; and equipment. The CONTRACTOR may invoice for 50 ' percent of this bid item when the Work is approximately one- half complete . The remainder will be paid when the Work is complete and accepted by the OWNER . ' I . Item 2 . 02 - Clear Restoration Area Zones A , B , and C : 1 . Measurement: Payment will be based on the quantity of area cleared , in acres . 2 . Payment : The unit price per acre will be full compensation for all labor, materials , tools , and equipment required to clear Restoration Area Zones A , B , and C , including but not limited to clearing , obtain required permits , permit fees , preserving all specimen trees , removing all exotics from the Restoration Areas including those required to be removed by hand (such as exotic vegetation near trees to remain ) , hauling all exotics from the project site , and all disposal costs . J . Item 2 . 03 - Grading Restoration Area Zones A , B , and C : 1 . Measurement : Payment will be based on the quantity of area graded , in acres . ' 2 . Payment : The unit price per acre will be full compensation for all labor, materials , tools and equipment required to grade Restoration Area Zones A , B , and C to the approximate existing elevations , including but not limited to grading and compaction . K . Item 2 . 04 - Clear exotics from Enhancement Area : 1 . Measurement : Payment will be based on the quantity of area cleared , in acres . 2 . Payment : The unit price per acre will be full compensation for all labor, materials , tools and equipment required to clear the Enhancement Area , ' including but not limited to clearing , obtain required permits , permit fees , preserving all specimen trees , removing all exotics from the Enhancement Area , hauling all exotics from the project site , and all disposal costs . RESTORATION AREA PLANTING ' L . Item 3 . 00 — Restoration Area Planting : 1 . Measurement : The quantity of plants in - place will be the actual number of ' plants furnished and installed . 2 . Payment: The unit price for each plant will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , Last revised 1 /13/04 01025-5 HARMONY OAKS F:\Public WorksWeithWStormwater Projects\Harmony Oaks Mitigation Project\Construction Contracffechnical SpecificationsTivision 1 \Addendum #1 - 01025 - Measurement and Payment.doc plants , planting , maintenance , warranty, and watering . MISCELLANEOUS M . Item 4 . 01 — Construction Contingency: 1 . Measurement and Payment: This part of the Contract is reserved for minor change orders , if any. This line item will be expended only as approved by the ENGINEER . The purpose of this line item is to negate the need to obtain County Commission approval for minor change order work , and thus , speed the construction process . ' PART 2 OF THE CONTRACT N . Items 1 . 01 , 1 . 029 1 . 031 1 . 04 , and 1 . 05 - Five-Year Maintenance of Wetland Mitigation Area Following Final Acceptance by OWNER — Maintenance for Year 1 , 21 31 4 , and 5 , respectively: 1 . Measurement and Payment : The lump sum payment will be full compensation for maintaining the wetland mitigation area as discussed in Section 02239 , including but not limited to , all labor, materials and equipment, water, temporary irrigation system , removal of exotics using methods approved by both the OWNER and St . Johns River Water Management District (SJRWMD ) — i . e . ' hand remove or lightly spray with SJRWMD approved herbicides ) , and filling , leveling , and repairing of any rutted , washed or eroded areas , regardless of when or how the erosion occurs . Payment will be made quarterly based upon approved quarterly invoices . ALTERNATIVE BID ITEMS ' O . Item A . 2 - Mulch exotic vegetation and till the mulched vegetation into the ground to a minimum depth of 6 inches : 1 . Measurement and Payment: The lump sum deduct from the Contract Price will represent full compensation for mulching exotic vegetation from Restoration Area Zones A , B , and C and from the Enhancement Area and working the mulched material into the ground as specified . + + END OF SECTION + + Last revised 1 /13/04 01025-6 HARMONY OAKS R\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction ContractUechnical Specifications\Division 1 \Addendum #1 - 01025 - Measurement and Payment.doc 1 1 SECTION 01026 1 . 1 GENERAL SCHEDULE OF VALUES ' A . The Schedule of Values is an itemized list that establishes the value or cost of each part of the Work . It shall be used as the basis for preparing progress payments and may be used as a basis for negotiations concerning additional work or credits that may arise during the construction . 1 . 2 PREPARATION A . The schedule shall show breakdown of labor, materials , equipment, and other costs used to prepare the Bid . B . Costs shall be in sufficient detail to indicate separate amounts for each Section of the Specifications . C . Schedule of Values shall be prepared on 8 - 1 /2- inch by 11 - inch white paper, D . Use the Bid Tabulation Form as the basis for the Schedule of Values format , modified to include columns for labor, materials , equipment , and other costs used to prepare the Bid . E . When requested by ENGINEER support values with data that substantiates their correctness . F . The sum of the individual values shown on the Schedule of Values must equal the total Contract Price . G . Each item shall include a directly proportional amount of the CONTRACTOR's overhead and profit . H . Schedule shall show the purchase and delivery costs for materials and equipment ' that the CONTRACTOR anticipates he shall request payment for prior to their installation . 1 . 3 SUBMITTAL A . Submit two copies of Schedule to ENGINEER for approval at least 20 days prior to ' submitting first application for a progress payment . Revise and resubmit Schedule as required until it is approved . + + END OF SECTION + + Last revised 3/12/03 01026- 1 HARMONY OAKS FAPublic Works\KeithM\Stormmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specibations\Draft ' Specifications\Div- 1 \01026 - Schedule ofValues.doc 1 rSECTION 01040 PROJECT COORDINATION 1 . 1 SCOPE A . CONTRACTOR shall be solely responsible for coordination ( including scheduling ) of all of the work to insure completion of the Work within the Contract Time . Supervise , direct and cooperate fully with all subcontractors , manufacturers , fabricators , suppliers , distributors , installers , testing agencies and all others whose services , materials or equipment are required , including the work of any other contractor, utility service company or OWNER' S employees performing additional work related to the Project at the site . C . Maintain sufficient competent personnel , drafting equipment , and su lies ' for PP the purpose of preparing layout and coordination drawings . These drawings shall supplement the Contract Documents , working drawings , and Shop Drawings as necessary, to correlate the work of various trades . Where such drawings are to be prepared by Subcontractors , ensure that each Subcontractor maintains the required personnel and facilities . D . Attend and participate in all project meetings and report on the progress of all work and compliance with schedules . + + END OF SECTION + + 1 r r r r r Last revised 3/12/03 01040- 1 I-1ARMIONYO KS FAPublic Works\KeithM\stormmter Projects\Harmonyoaks Mitigation Project\Construction ContractUachnical Specifications\01040 ' - Project Coordination .doc r SECTION 01050 1 SURVEYING AND FIELD ENGINEERING SERVICES 1 . 1 GENERAL ' A . Provide professional engineering , surveying , and landscaping services specified or required to execute the Work . B . Develop and make all detail surveys and measurements needed for construction . 1 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 , 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 , rademarks monuments and benchmarks made or 9 P 9 , 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 Work site , a field engineer and/or superintendent capable of performing all required engineering and landscaping tasks . 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 Last revised 3/12/03 01050- 1 HARMONY OAKS F:\Public Works\KeithM\Stormweter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01050 - Field Engineering .doc by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . Be 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 any 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 Surveyor and Mapper, 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 1 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 . The following staking shall be provided on a one-time basis by the Owner: ' 1 . Staking of boundary pins and vertical and horizontal control staking . F . 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 . Be 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 pertinent Application for Payment . + + END OF SECTION + + Last revised 3/12/03 01050-2 HARMONY AR ONY OAKS FAPublic Works\KeithM\Storm eter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01050 ' - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS ' 1 . 1 GENERAL A . Whenever reference is made to the furnishing of materials or testing thereof 1 to conform to the standards of any technical society , organization or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , even though reference has been made to an earlier standard . 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 rAISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ' API American Petroleum Institute ' ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ' ASTM American Society for Testing and Materials rLast revised 3/12/03 01091 - 1 HARMONY OAKS FAPublic Works\KeithM\Stormmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01091 - Reference Standards .doc r AWPA American Wood Preservers Association ' AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications CIPRA Cast Iron Pipe Research Association CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection IDIPRA Ductile Iron Pipe Research Association DNR Department of Natural Resources IEEE Institute of Electrical and Electronics Engineers NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association ' NFPA National Fire Protection Association NEC National Electric Code NSF National Sanitation Foundation NLMA National Lumber Manufacturers Association NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute ' SBCC Standard Building Code Congress International , Inc . FDOT/DOT Florida Department of Transportation Standard Specifications for Road and Bridge Construction Last revised 3/12/03 01091 -2 HARMONY OAKS FAPublic Works\KeithM\Stormmter Projects\Harmony Oaks , Mitigation Project\Construction Contract\Technical Specifications\01091 - Reference Standards .doc FDOT/DOT Florida Department of Transportation Roadway and Traffic Design Standards U . L . , Inc . Underwriter's Laboratories , Inc . 1 OSHA Occupational Safety and Health Act 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 , ANSI , ASME , IEEE or NEMA shall govern . D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications , codes , and standards , or any other regulatory specification , codes or standard , the more stringent requirement prevails . + + END OF SECTION + + ' Last revised 3/ 12/03 01091 -3 HARMONY OAKS F:\Public Works\KeithM\Storrnmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01091 Reference Standards.doc SECTION 01092 ABBREVIATIONS AND SYMBOLS ' 1 . 1 ABBREVIATIONS A . Common abbreviations which may be found in the Specifications are : alternating current = a-c Fahrenheit = F ante meridian = am feet = ft . ampere = A feet per hour = fph average = avg . feet per minute = fpm biochemical oxygen demand = BOD feet per second = fps brake horsepower = bhp figure = Fig . British thermal unit = Btu flange fig . foot- pound = ft-Ib 9 = gal . al . Centigrade = C gallons per minute = gpm ' company = Co . gallons per second = gps cubic inch = cu in gram = g cubic foot = CF , cu . ft . ' cubic yard = cu . yd . Hertz = Hz . cubic feet per minute = cfm hour = hr. cubic feet per second = cfs horsepower = hp inch = in . decibel = db inch - pound = in - Ib rdegree Centigrade (or Celsius ) _ (say) 20C inside diameter = I . D . degree Fahrenheit = (say) 68F kilovolt-ampere = kva diameter = dia . kilowatt = kw direct current = d -c kilowatt- hour = kwhr dollars = $ ' linear foot = LF each = ea . liter = L efficiency = eff. maximum = max , revolutions per minute = rpm mercury = Hg milligram = mg milligrams per liter = mg/I second = sec . milliliter = ml specific gravity = sp . gr. Last revised 3/21 /03 01092- 1 HARMONY OAKS FAPublic WorksWeithWStorm ater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01092 - Abbreviations and Symbols .doc ' millimeter = mm square = sq . q million gallon = MG square foot = SF , sq ft million gallons per day = MGD square inch = sq , in , square yard = SY , sq , yd . minimum = min . standard = std . ' net positive suction head npsh standard cubic feet per minute = scfm = number = No . total dynamic head = TDH National Pipe Threads = NPT totally-enclosed -fan -cooled = TEFC ounce = oz . outside diameter = O . D . volt = v parts per million = ppm post meridian = pm pound = Ibe pounds per square foot = psf pounds per square inch = psi ' pounds per square inch absolute = psia pounds per square inch gage = psig 1 1 . 2 ORGANIZATION ABBREVIATIONS A . Abbreviations of organizations which may be used in these Specifications are : ' ACS American Chemical Society ACI American Concrete Institute AGMA American Gear Manufacturers Association AIChE American Institute of Chemical Engineers AISC American Institute of Steel Construction ' AISI American Iron and Steel Institute ANSI American National Standards Institute APHA American Public Health Association AREA American Railway Engineering Association ASTM American Society for Testing and Materials ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASHRAE American Society of Heating , Refrigerating and ' Air Conditioning Engineers AWWA American Water Works Association AWS American Welding Society CRSI Concrete Reinforcing Steel Institute EPA Environmental Protection Agency FM Factory Mutual ' Last revised 3/21 /03 01092-2 HARMONY OAKS R\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01092 - Abbreviations and Symbols .doc 1 ' HEW Department of Health , Education and Welfare HUD Department of Housing and Urban Development IEEE Institute of Electrical and Electronic Engineers IRI Industrial Risk Insurance ISO Insurance Services Office 1 NAAMM National Association of Architectural Metal Manufacturers NARUC National Association of Railroad and Utilities ' Commissioners NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Administration PCI Precast Concrete Institute ' SMACNA Sheet Metal and Air Conditioning National Association SSPC Steel Structures Painting Council UL Underwriters' Laboratories , Inc . USGS United States Geological Survey USPHS United States Public Health Service WWEMA Water and Wastewater Equipment Manufacturers Association FDOT/DOT Florida Department of Transportation ' FDEP/DEP Florida Department of Environmental Protection SJRWMD St . Johns River Water Management District IRFWCD Indian River Farms Water Control District USEPA United States Environmental Protection Agency 1 . 3 . SYMBOLS ' A . Refer to Drawings for s , symbols used on the Drawin 9 Y g ' + + END OF SECTION + + 1 Last revised 3/21 /03 01092-3 HARMONY OAKS F:\Public Works\KeithM\Storm\Aater Projects\Harmony Oaks Mitigation Project\Construction ContractUechnical Specifications\01092 Abbreviations and Symbols .doc ' SECTION 01210 PRECONSTRUCTION CONFERENCE 1 . 1 SCOPE A . Date , Time and Location : The Conference will be held after execution of the Agreement and before construction is started at the site . ENGINEER will fix ' the date , time and location of the meeting . Be ENGINEER shall prepare agenda , preside at meeting , and prepare and ' distribute a transcript of proceedings to all parties . C . CONTRACTOR shall provide data required , contribute appropriate items for discussion , and be prepared to discuss all items on agenda . 1 . 2 REQUIRED ATTENDANCE A. CONTRACTOR and major Subcontractors . ' Be OWNER's representative . C . ENGINEER . ' D . Representatives of governmental agencies having any degree e of control or responsibility, if available . ' 1 . 3 AGENDA A . Agenda will include (as pertinent) , but will not necessarily be limited to , the following : 1 . Designation of responsible personnel . 2 . Subcontractors . 3 . Coordination with other contractors . ' 4 . Progress schedule . 5 . Processing of Shop Drawings . 6 . Schedule of Shop Drawing submittals . ' 7 . Processing of Field Orders and Change Orders . 8 . Requirements for copies of Contract Documents . 9 . Insurance in force . 10 . Schedule of values . ' 11 . Processing of progress payments . 12 . Use of premises . Last revised 3/21 /03 01210- 1 HARMONY OAKS R\Public Works\KeithM\Storrnmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01210 - Preconstruction Conference .doc 1 13 . CONTRACTOR' s responsibility for safety and first aid procedures . 14 . Security, 15 , Housekeeping , 16 . Field Offices , 17 . Record Drawings , 18 , Traffic Control Plan . + + END OF SECTION + + 1 ' Last revised 01 / 02 / 2001 01210 - 2 PROJECT SECTION 01330 ' REQUIRED SUBMITTALS 1 . 1 GENERAL ' A . Submittals shall be as required or inferred -by these Contract Documents . ' 1 . 2 SPECIFIC CATEGORY SUBMITTAL REQUIREMENTS : ADMINISTRATIVE SUBMITTALS A . Affidavits : Affidavits from each subcontractor and supplier shall be submitted with the Final Payment Request . Affidavits shall be prepared on the form supplied with the Contract Documents . B . Pay Requests : All pay requests shall be submitted as outlined in Article 14 of the General Conditions , C . Change Orders : Change orders shall be submitted in accordance with the Contract Documents . ' D . CONTRACTOR' s Close-Out Submittals : Refer to Section 01810 titled " Project Closeout" . ' E . Construction Schedules : Construction Schedules if required , shall b q e submitted to the ENGINEER as outlined in Section 01310 of these tSpecifications . + + END OF SECTION + + ' Last revised 3/21 /03 01330- 1 HARMONY OAKS FAPublic Works\KeithM\Storm%eter Projects\Harmony oaks Mitigation Project\Construction Contract\Technical Specifications\Draft Specifications\Div- 1 \01330 - Required Submittals.doc SECTION 01410 TESTING LABORATORY SERVICES 1 . 1 GENERAL A . If necessary for this project, the OWNER will employ and pay an for independent p testing laboratory to perform the specified services . The testing laboratory shall ' be : AM Engineering & Testing , Inc . Contact person = David Aucker Telephone number = (772 ) 567-6167 . Even though the OWNER is hiring the testing laboratory, the CONTRACTOR shall schedule and order all required testing services . , ' B . Inspection , sampling and testingshall be as specified in the individual Sectio p ns . ' C . The OWNER will pay for the testing except for repeat testing due to test results failing to meet the Specification requirements . tD . CONTRACTOR shall pay for: 1 . Tests made for the CONTRACTOR's convenience . 2 . Repeat tests required due to failure to meet Specification requirements . ' E . The testinglaboratory is not authorized to ry approve or accept any portion of the Work ; rescind , alter or augment the requirements of the Contract Documents ; or perform any duties of the CONTRACTOR . 1 . 2 CONTRACTOR' S RESPONSIBILITIES A . Cooperate with p laboratory personnel , provide access to Work and to ' manufacturer's operations . B . Provide to laboratory, preliminary representative samples of materials to be tested , ' in required quantities . C . Furnish copies of product test reports . ' D . Provide to the laboratory the preliminary design mix proposed for concrete , and other material mixes that require testing by the testing laboratory. ' E . Furnish labor and facilities : 1 . To provide access to Work to be tested . ' Last revised 3/21 /03 01410- 1 HARMONY OAKS FAPublic Works\KeithM\Stormweter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft tSpecifications\Div-1 \01410 - Testing Laboratory Services.doc ' 2 . To obtain and handle samples at the site . 3 . To facilitate inspections and tests . ' 4 . For laboratory's exclusive use for storage and curing of test samples . 5 . Forms for preparing concrete test beams and cylinders . F . Notify laboratory and ENGINEER sufficiently in advance of operations to allow for assignment of personnel . ' G . Arrange with laboratory and pay for, additional samples and tests required for CONTRACTOR'S convenience . ' + + END OF SECTION + + Last revised 3/21 /03 01410=2 HARMONY OAKS F:\Public Works\KeithM\Stormvjeter Projects\Harmony Oaks Mitigation Project\Construction Contra ct\TechnicaI Specifications\Draft Specifications\Div-1 \01410 - Testing Laboratory Services.doc ' SECTION 01520 ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A . Provide all construction equipment and facilities and temporary p ry c ontrols required to satisfactorily complete the work represented on the Drawings and ' described in the Specifications . 1 . 2 RESPONSIBILITY ' A . All construction facilities and tempora controls remain the property of the temporary P p Y Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . B . All false work , scaffolding , ladders , hoistways , braces , pumping plants , ' shields , trestles , roadways , sheeting , centering 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 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 failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES ' 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 . ' 3 . Provide all temporary piping , hoses , etc. , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all ' Last revised 3/24/03 01520- 1 HARMONY OAKS F:\Public Works\KeithM\Stormweter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft Specifications\Div-1 \01520 - Construction Facilities.doc ' temporary water lines . Be 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 . co TEMPORARY ELECTRICITY 1 . Provide temporary electric service as required for all construction purposes and pay for all electricity used . ' 1 . 4 CONSTRUCTION AIDS ' A . MATERIAL HOISTS AND CRANES 1 . Provide material hoists required for normal use by all trades and employ skilled hoist operators . Provide all necessary guards , signals , safety devices , etc . , required for safe hoist operation . The construction and operation of material hoists shall be in accordance with the applicable ANSI Standards , the " Manual Code of Accident Prevention in Construction " of the Associated General Contractors of America , OSHA , and of other Federal , State and municipal codes or ordinances . Prohibit the use of hoist for transporting personnel . Hoists shall be located to avoid risk of damage to completed work. 2 . Special rigging and hoisting facilities shall be provided by each trade requiring their use . Be TEMPORARY RUNWAYS , SCAFFOLDING AND LADDERS 1 . Provide temporary ladders , ramps , and runways as required for ' performance and inspection of the work . Construct and maintained these facilities in accordance with the applicable Federal , State , and ' Municipal regulations and codes . 2 . Errect permanent stairs , if any, as soon as possible , and provide suitable temporary treads , risers , railings , etc . , as required for safety . 3 . Furnish , erect , and maintain all scaffolding required for this work . Construct and maintain scaffolding in accordance with applicable State and Federal laws and local ordinances . Promptly remove Last revised 3/24/03 01520-2 HARMONY OAKS F:\Public Works\KeithM\Storrnmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft Specifications\Div- 1 \01520 - Construction Facilities.doc ' scaffolding after it has served its purpose . 4 . The structural strength and safety of scaffolding , runways , covers , railings , ladders , stairs , etc . , and compliance with law shall be the sole responsibility of the CONTRACTOR . C . TEMPORARY CHUTES - No materials shall be dropped from structures except through enclosed wooden or metal chutes which shall be provided and maintained as required for the performance of the work by the various trades . 1 . 5 SECURITY A . 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 . 6 TEMPORARY CONTROLS ' A . 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 . 7 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES A . Remove the various temporary ryfacilities 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 . + + END OF SECTION + + Last revised 3/24/03 01520-3 HARMONY OAKS F:\Public Works\KeithM\Stormv&eter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft Specifications\Div- 1 \01520 - Construction Facilities .doc SECTION 01541 ' PROTECTION OF THE WORK AND PROPERTY Revised January 9 , 2004 Per Addendum No 1A 1 . 1 GENERAL ' A. Take all precautions , provide all programs , and take all actions necessary to maintain , protect , and repair the Work and all public and private property and facilities from damage until the OWNER formally accepts the Work. ' 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 mannerthat will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. ' 2 . Provide suitable storage facilities for all materials that are subject to injury by exposure to weather, theft , breakage , or otherwise . 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 temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . 6 . Keep all haul roads clean from dirt and debris from haul operations . 7 . Provide site drainage (including temporary drainage systems ) such that the Work is not damaged as a result of stormwater runoff from rainfall . All protective drainage activities shall comply with Section 02225 . ' Co 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 and work area . If any direct or indirect damage is done by or 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 . Last revised 6/6/03 01541 - 1 PROJECT FAPublic WorksWeithmstormwater Projects\Harmony Oaks Mitigation Project\Construction Contract7echnical SpecificationsVivision 1 \Addendum #1 - 01541 - Protection of the Work and Property.doc 1 . 2 BARRICADES AND WARNING SIGNALS ' A. Where Work is performed on or adjacent to any roadway, right-of-way, or public 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 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 forthe maintenance of barricades , signs , lights , and for providing watchmen shall continue until the Project is accepted by OWNER . 1 . 3 PROTECTION OF TREES , PLANTS ETC A . Do not disturb specimen trees , historic trees or other trees , shrubs and plants that are to remain , proposed or existing conservation easements , natural buffers , water bodies , or similar areas . Delineate these areas and trees and protect them with orange barricades or rigid fencing to prevent any unauthorized clearing or damage . Locate barricades and other protective fencing at the drip line of existing native trees or at the edge of the native understory habitat , whichever is nearest to the ' construction activity, or as directed by the OWNER . No mulching , grubbing , or any other operation of any mechanical equipment except hand tools is allowed inside the protected areas . Do not begin any clearing or grubbing operations until the protective barricades and fencing have been approved by the OWNER . Maintain all barricades and fencing until completion of construction . All work shall comply with Indian River County Ordinance Chapter 927 , "Tree Protection and Clearing . " (A copy of Chapter 927 is included at the end of this Section . ) Be Fires are not permitted under or adjacent to trees and plants . C . Within the limits of the Work water trees andla p nts that are to remain , in order to maintain their health during construction operations . Supply and pay for all water. D . Cover all exposed roots with burlap ap 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 . E . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural ' use . Last revised 6/6/03 01541 -2 PROJECT F:\Public WorksWeithM\Stormwater ProjectsWarmony Oaks Mitigation Project\Construction Contract\Technical SpecificationsUvision 1 \Addendum #1 - 01541 - Protection of the Work and Property.doc F . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. G . Where fill material is intended to be installed adjacent to existing vegetation 1 g etatio g n that Is intended to remain natural , water bodies , etc . , correctly install and maintain silt fencing in addition to the protective barriers until the area is stabilized . H . Coordinate Work in this Section with requirements of other sections herein . 1 . 4 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 adjacent to the limits of the Work. 2 . The OWNER is not aware of any underground structures in the Work Area . However, contact the all 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 . 3 . 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. Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract. 4 . 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 that such structures provide . If CONTRACTOR damages an underground structure , restore it to Soriginal condition at CONTRACTOR' s expense . 5 . Necessary changes in the location of the Work may be made by ENGINEER , ' to avoid unanticipated underground structures . 6 . 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 . ' Be Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension Last revised 6/6/03 01541 -3 PROJECT F:\Public Works\KeithM\Stormwater Projects\I-larmony Oaks Mitigation Project\Construction Contracffechnical ' Specifications0vision 1 \Addendum #1 - 01541 - Protection of the Work and Property.doc tbelow 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 otherfacilities that are visible above the ground surface . C . Protection of Underground and Surface Structures : 1 . Sustain in -place 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 . 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 f all damage caused by his work, to the satisfaction of the owner of the dam- aged structure . 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 . 1 . 7 PROTECTION OF THE WORK FROM STORMWATER RUNOFF A . Protect the Work from damage caused b stormwater runoff from rainfall . During g the course of construction , it is possible that heavy rains may occur. Clean all dirt tand debris from pipes and drainage structures , and repair all flooding , washouts , and other erosion damage to the Work caused by stormwater runoff, regardless of the state of completion of the Work , and until the Work is accepted by the OWNER , at no cost to the OWNER . 1 . 8 PROTECTION OF PRIVATE PROPERTY A . Assume full responsibility for the reservation of p y p all private property on or adjacent to the site and work area . If any direct or indirect damage is done by or 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 . This restoration includes but is not limited to , sprinkler systems , lawns and landscaping , lighting , driveways , etc . installed by private individuals or entities within public right- of-way. ' 1 . 9 PAYMENT Last revised 6/6/03 015414 PROJECT F:Tublic WorksVeithmstormwater Projects\Harmony Oaks Mitigation ProjectlConstruction Contract\Technical ' Specifications0vision 1 \Addendum #1 - 01541 - Protection of the Work and Property.doc A. There shall be no separate payment for the work under this Section . ' + + END OF SECTION + + Last revised 6/6/03 01541 -5 PROJECT RIPublic WorksUteitwStormwater Projects\Harmony Oaks Mitigation ProjechConstruclon ContrachTechnical SpecificationsUvision 1 \Addendum #1 - 01541 - Protection of the Work and Property.doc 1 K TREE PROTECTION AND LAND CLEARING § 927. 05 CHAPTER 927. TREE PROTECTION AND Section 927.03. Purpose and intent. LAND CT ,F, AR.TN(x The purpose of this chapter is to provide for the Sec. 927.01. Short title, protection and preservation of trees and vegeta- Sec. 927.02. Applicability, tion within Indian River County in order to min= Sec. 927.03. Purpose and intent. imi Sec. 927.04. Definitions referenced, ne environmental degradation caused by un- Sec. 927.05. General prohibitions. necessary or excessive destruction of trees and Sec. 927.06. Exemptions, other valuable vegetation. Sec. 927.07. Permits available; criteria governing issuance. ( Ord. No. 9046, § 1, 9- 11 -90) Seo. 927.08, Reserved. Sec. 927.09. Additional dune and shoreline vegetation Section 927.04. Definitions referenced. protection. Sec. 927. 10. Additional upland native vegetation The definitions of certain terms used in this protection. chapter are set forth in Chapter 901 , Definitions , Sec, 927. 11. Application procedure and fees. Sec. 927. 12. Determination of critical root zone, of the Indian River Land Development_ Code. Sec. 927. 13 . Local permit not exclusive. (Ord. No. 9046, § 1, 9- 11 -90) Sec. 927. 14. Open burning/air curtain incinerator regulations referenced. Section 927.05 . General prohibitions. Sec. 927. 15. Variances and administrative appeals. Sec. 927.16. Tree protection as justification for variance Unless expressly exempted herein, it shall be relief from other land development reunlawful and subject to the penalties provided Sec. 927. 17. Penalties and enforcement.iesa . herein for any person directly or indirectly by . ' another on his . behalf to : Section 927.01. Short title. ( 1) Remove, relocate, destroy or damage any protected tree or specimen tree (as de- ' This chapter shall be known and may cited fined in Chapter 901) on any site or tract as the "Indian River County Tree Protection and without first obtaining a tree removal Land Clearing Ordinance. " permit pursuant to this chapter: ' (Ord. No. 90- 16, § 19 9- 11-90) (2) Perform any land-clearing or grubbing unless a land-clearing permit, if required, Section 927.02. Applicability. has been issued and is posted on-site ' pursuant to this chapter; This chapter shall be applicable to all land (3 ) Perform tree removal, lan&dearing, grub- lying in the unincorporated area of Indian River bi.ng, grading, excavation, construction, or ' County, Florida. make or install any improvement upon any site or tract, regardless of the exist- This chapter shall not apply to the following ence of valid permits or approvals for the species of mangroves ; however, the trimming, given activity, unless each protected tree cutting, removal, or other similar actions are and each specimen tree to be preserved regulated by the Florida Department of Environ- pursuant to this chapter has been marked mental Protection and/or the St. Johns River by a highly visible band and unless all Water Management District and these actions critical root zones established pursuant to may require permits from one of these agencies, this chapter have been surrounded by a protective barrier prior to the beginning ' Avicenna germinans - black mangrove of development activities; Rhizophora mangle - red mangrove (4) Encroach onto critical root zones estab- lished pursuant to this chapter by any of ' Laguncularia racemosa - white mangrove the following acts or omissions : (Ord. No. 90- 16, § 1, 9-11-90; Ord. No . 2002-030, (a) Movement or storage of any vehicle § 29 11- 12-02) within or across a critical root zone; ' Supp. No. 45 927/1 § 927.05 INDIAN RIVER COUNTY CODE r ' (b) The storage of building materials , tion 932 .05 of Chapter 932 , Coastal. Man- debris, fill, soil or any other matter agement, pertaining to the. protection of within a critical root zone; dune and shoreline vegetation; or (c) The cleaning of material or equip- (6) Violate or fail to observe any of the ' re- . meat within a critical root zone; quirements or provisions set forth in Chap. ter 929, Upland Habitat Protection, per= (d) The disposal of any liquid or solid taining to the protection of native plant ' waste material such as paints, oils , communities. solvents , asphalt, concrete, mortar, (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2002-030,.; or other materials similarly harmful § 2, 1142-02) ' within a critical root zone; and (e) The placement of any structure or Section 927.06. Exemptions, site improvement within .a critical root zone with the exception of land- Notwithstanding anything to the contrary in scaping or related irrigation improve- this chapter, the following activities shall be law- ments unless expressly determined ful without application for or issuance of a tree r by environmental planning staff that removal or land-clearing permit. None of these such structure or site improvement exemptions shall apply to any mangrove, dune will not result in the death or dam- vegetation, specimen or historic tree, or upland ' age to the subject tree. In making native plant community conservation area, unless this determination, environmental otherwise stated below. The burden of proving planning staff shall consider, but is entitlement to any particular exemption shall lie not limited to, the following informs- with the person claiming use of the exemption, mi ' tion which shall be provided by the the event the exempted activity ever becomes . . . landowner or applicant: subject to an enforcement proceeding. 1. The type of proposed impact; ( 1) The removal, trimming, pruning, or alter- r .2 . The amount . area of the CRZ to ation of any non-protected tree, non- be affected; specimen tree, or other vegetation as nee- essary for: ' 3. The location of the impact area within the CRZ; and (a) The clearing of a path not to exceed four (4) feet in width to provide phys- 4. Efforts or actions taken to re- ical access or view necessary to con- ' duce or eliminate impacts to duct a survey or site examination for the tree, the preparation of subdivision plats, As an alternative to a determination site plans, or tree surveys ; or ' by environmental planning staff, the (b) The clearing of a path not to exceed landowner or applicant may supply ten (10) feet in width to provide to environmental planning staff a vehicular access necessary to con- written and signed statement from a duct soil percolation and/or soil bore certified arborist that states to the tests on a property, provided such best of his/her knowledge and abili- clearing or removal is conducted un- r ties that the proposed structure or der the direction of a Florida regis m. site improvement will not result in tered surveyor or engineer. . the death or damage to the subject tree. (2) Routine . landscape maintenance siich as` . ' trimming or pruning of vegetation which (5) Violate or fail to observe any of the re- does not resultin the eventual death of quirements or provisions set forth in sec- the plants , mowing of yards or lawns , or 1 Supp. No. 45 927/2 1 r _ ' TREE PROTECTION AND LAND CLEARING § 927.07 ' any other landscaping or gardening activ- the use of Best Management Prac. ity which is commonly recognized as rou- tices, as applicable to the specific tine maintenance or replacement, area being cleared. (3) The removal, trimming, pruning or alter- (6) Any tree which has been destroyed or ation of any tree or vegetation in an damaged beyond saving, or which: consti- existing utility easement or right-oPway Lutes an immediate peril to life,. . .property, provided such work is done by or under or othertrees, may be removed without a the control of the operating utility com- permit, pany and said company has received all necessary licenses or *permits to provide (7) Tree removal, land-clearing, or grubbing utility service within the easement, of any vegetation, except mangrove or dune vegetation, upon any detached single" (4) The removal, pruning, trimming or alter- family residential lot or parcel ; of land ation .of any tree or vegetation for the having an area of one ( 1 .0) acre . or ' less; purpose of maintaining existing access to provided, this exemption shall not be con- a property, strued to allow land-clearing, grubbing, (5) Any activity conducted by a lawfully op- or tree removal without permit of any such lot or parcel by its subdivider unless erating and bona fide commercial nurs- the subdivider intends in good faith to ery, tree farm, agricultural operation, forthwith begin construction of a dwelling ' silvicultural operation, ranch, or similar unit or units upon said lot. Advertisement operation, when the activity occurs on the or listing for sale of the particular lot or Property owned or lawfully occupied by parcel without the dwelling unit shall the person conducting said activity and is create a presumption that the subdivider done in pursuit of said activity. This ex- does not intend to forthwith begin such emption shall include the purposeful re- construction and that the intent is for the moval of a tree or trees for their perma- . lot or parcel to be developed by a subse- nent relocation at another site undergoing quent purchaser. development. When land-clearing or tree (Ord. No . 90- 16, § 1 , 9- 11-90; Ord. No. 92-39 , § 23 , removal has been performed under this 9-29-92 ; Ord. No. 2002-030, § 22 11-12-02) ' exemption based upon the use of the prop- erty for an agricultural or silvicultural Section 927.07. Permits available; operation, the following shall . apply: criteria governing issuance. (a) No land development order shall be approved for any non-agricultural or ( 1) [Generally.] The following permits shall be non-silvicultural use or improve- available upon proper application to the commu- went on the same site within two (2) nity development department and compliance with years of the completion of such land this chapter: tree removal permit; land-clearing clearing or tree removal. permit; and dune vegetation maintenance permit. ' (b) Pertaining to silviculture, opera- (2) Criteria governing issuance: tions are encouraged to implement a State Division of Forestry approved (a) Tree removal permit . No tree removal ' management plan, including a refor- permit shall be issued unless the 'review- estation plan for harvested lands , ing environmental planner finds that a least one of the following criteria has been (c) Pertaining to agriculture, operations satisfied with respect to each, protected ' are encouraged to implement a Soil tree and each specimen tree. designated and Water Conservation District ap- for removal under the permit. Notwith- proved conservation plan, including standing, no historic tree (as . defined in Supp. N PP o. 45 927/3 . a § 927.07 INDIAN RIVER COUNTY CODE ' Chapter 901) shall be removed except as planner, unless it can be demon- expressly approved by the board of county strated by the applicant that the commissioners , remaining site cannot be designed to ' L That the tree is located within an accommodate and sustain the substi- existing or proposed right-of-way; toted tree or trees . All replacement 2 . That the tree is located within an trees shall be of a mMIMUm four (4) inches > diameter- at-breast-height existing or proposed easement, or (dbh)$. . ` stormwater management tract, pro- vided that only the minimum area S• That the tree is located on a portion necessary for the contemplated ser- of the site where . structural develop- vice or use shall be considered under ment is proposed, provided reason- this criterion; able . effort. has ` been made to pre- serve protected trees and specimen 3 . That the tree is located where its trees to the extent feasible under continued existence would unreason- this criterion. ably interfere with the physical con- struction of the improvements on a (b) Land-clearing permit. No land-clearing ' particular site as may result from permit shall be issued unless the environ. interference with the access to the mental planner finds that each of the site by construction equipment, or following criteria has been satisfied: with the operation of the equipment I . That the land clearing or grubbing is on the site in the immediate vicinity necessary in order to make site im- of the proposed structure or improve- provements, authorized by an ap- ments; proved site plan, subdivision ap- 4. That the tree is located where it proval, building permit, or land creates or will create a safety or development permit, and that the health hazard, or a nuisance with area to be cleared is the. minimum ' respect to existing or proposed strut- necessary for such work or, in the tures or vehicle or pedestrian routes , event the aforementioned approvals and relocation of the tree on the site are not required by law for the' in- is not a feasible alternative; tended use of the property, that the 5 . That the tree is located where it proposed clearing is the minimum interferes with the installation, de- necessary for the proposed use or i livery, or maintenance of proposed mprovement. Land clearing or grub- or bing of a site associated with a pro- existing utility services to the site, . posed development . plan (e.g., site 6. That the tree is diseased, injured, or plan or subdivision preliminary plat) ' in danger of falling; shall not be allowed to occur prior to •7 . That the tree is located on a portion county approval of the applicable of the site to be used for construction development plan, except as specifi- ' of required parking areas or vehicu- tally exempt in section 927. 06 , lar and pedestrian ingress and egress 2 . That the .applicant has provided a areas; provided that, when this cri- reasonable, written plan to control tenon is used to justify removal of a erosion. which may be expected to tree or trees located within required occur . as. a result of the proposed yard setback areas , the applicant clearing or - grubbing. The plan shall shall replace any such tree or trees incorporate some or all of the follow- with an equal number of trees of ing means as determined by the ap- similar ecological or aesthetic value, plicant : '. :temporary seeding and as determined by the environmental mulching, sodding, diversion berms, Supp. No, 45 927/4 TREE PROTECTION AND LAND CLEARING § 927. 10 ' interceptor ditches, sediment barri- revegetation and maintenance, as ap- ers, sediment basins, and related proved by county environmental planning appurtenances or devices. All provi- staff and FDEP, as applicable . i sions of an erosion control plan shall ( Ord. No . 9046, § 1 , 9- 11-90; Ord. No . 2002-030, be incorporated as express condi- § 21 1142-02 ) tions of the land-clearing permit is- sued and a violation of the condi- tions or provisions of the plan shall Section 927.08. Reserved. be considered a violation of this chap- Editor's notes—Ord, No. 2002-030, § 2, adopted Nov 12, ter and subject to all enforcement 2002, repealed § 927.08, which pertained to additional man- provisions. Environmental planning grove protection. See the Table of Amendments, staff may request written elabora- tion of a proposed plan prior to issu- Section 927.09; Additional dune and shore- ance of a permit in order to clarify line vegetation protection, the nature and design of measures intended by the applicant. In addition to the provisions of this chapter, 3 . That the applicant has provided ver- dune and shoreline vegetation shall be protected ' ification of St. John River Water from disturbance in accordance with the provi- Management District (SJRWMD) ap- sions of section 932.06, Chapter 932, Coastal proval or exemption regarding the Management, of the County Land Development ' proposed land clearing or grubbing Code . activity, (Ord. No. 90- 16, § 1, 9- 11-90) 4. That the applicant has or is comply- Section- 927.10. Additional upland native ' Mg. with all tree protection provi- vegetation protection, sions contained elsewhere in this chapter. Chapter 929, Upland Habitat Protection, of the A land-clearing permit does not au- County Land Development Code provides stan- thorize the removal or destruction of dards and criteria relating to the protection of protected . trees, specimen trees, or native plant communities, in addition to the pro- historic trees . Notwithstanding any- visions of this chapter. No land clearing or tree thing in section 927 . 07 to the con- removal activity shall be allowed to conflict with trary, no tree removal or land clear- the provisions of Chapter 929, including4 . ing permit shall be construed to authorize any act with respect to a ( 1) Provisions . : pertaining to upland native mangrove. plant community conservation areas, ap- plicable to property five (5) acres or larger ' (c) Dune vegetation maintenance permit. Per- in size; wits to trim dune vegetation shall be available upon proper application in ac- (2) Provisions establishing a shoreline vege- ' cordance with section 932 . 06( 11) of Chap- tation protection buffer zone along the St. ter. 932 , Coastal Management, which con- Sebastian River and Indian River Lagoon ditions shall govern use of the permit . No Aquatic Preserve; permit shall be issued for the removal of (3) Provisions requiring the removal of nui- ' any native vegetation oceanward of the sante exotic.vegetation from development county dune stabilization setback line sites; .and (DSSL), with the exception of projects ' approved by the Florida Department of (4) Provisions restricting the removal of up- Environmental Protection (FDEP), and land native vegetation contributing to the when associated with a plan for dune stabilization ofthe banks of canals, ditches, Supp. No. 45 PP 927/5 § 927. 10 INDIAN RIVER COUNTY CODE ' or natural water course, provided such (d) An erosion control plan as described in restricts do not impede maintenance of section 927. 07(2)(b), together with ream such water courses or drainage coursessons for clearing or grubbing of the site, if (Ord . No . 90- 16, § 1, 9-11-90) land clearing is intended. 1 {e) The application shall be submitted and Section 927.11 . Application procedure and processed - concurrently with site plan re- ' fees. view or subdivision review, as the case may be, when such approvals are other- ( 1) Application for issuance of any permit re- wise required to make use of the property. quired by this chapter shall be made in writing to The site plan or subdivision preliminary ' the community development department on a plat shall be prepared in a manner to form provided by environmental planning staff allow ready comparison with the tree sur- The form shall request all information necessary ' vey, to assess whether the cited criteria to evaluate a particular application including but have been met. All. items shown shall be not limited to : properly dimensioned, scaled and refer- enced to the property lines, and setback or (a) A statement as to the applicant's interest yard requirements. If known, existing and in the property, proof of ownership, and proposed site elevations and major con" agent authorization from the property tours shall be included. owner, as applicable. (fl An administrative fee to offset the cost of (b) A legal description of the property and a evaluating the application shall be col- boundary survey or accurate scaled draw- lected in an amount determined by reso- ' mg thereof lution of the board of county commission- ers. (c) A tree survey indicating which protected (2) The filing of an application shall be deemed ' trees and specimen trees are intended forto extend permission to the environmental plan- removal, relocation or alteration in any ner to inspect the subject property if necessary for way and those which will be left undis- purposes of evaluating the application. turbed. On-sites which are larger than ' two (2 .0) acres, protected trees and spec- (3) For those applications which are not being imen trees may be depicted as a group or processed concurrently with site plan or subdivi- cluster rather than as individual trees , sion approval, . the community development de- ' provided the group or cluster is one which partment shall have ten ( 10) working days follow= is to be either entirely removed or left ing receipt of a completed application within entirely undisturbed. A written explana- which to make a determination of whether a tion shall be included with the tree survey permit shall be issued as requested. If the permit ' which identifies those criteria in section is not issued, the environmental planner shall 927 . 07 of this chapter which justify issu- state in writing the reasons of denial and advise ance of the requested permit. the applicant of any appeal remedies available . If no, action has been taken on the application within In addition to the standard tree survey stated time, the application shall be deemed to described above, a survey of species of have, been approved, and the applicant shall be special concern, threatened, or endan- entitled to issuance of the permit in accordance ' gered species shall be required on-sites with the application. For good cause, the environ- with characteristics conducive to support . mental planner may request an extension of an such species , as identified by county envi- . additional ten ( 10) working days in which to make 1 ronmental planning staff, in accordance a determination, provided the extension is re- with section 929. 09 of Chapter 929, Up- quested prior to expiration of the initial ten-day land Habitat Protection. period. Supp. No. 45 92716. . . ' tTREE PROTECTION AND LAND CLEARING § 927.16 ' (4) Any permit issued hereunder shall remain . .. Section 927.13. Local permit not exclusive, valid for a term of one year and maybe renewable for a second one year period upon request to the It is the intent of this chapter that permits or environmental planner, provided said request oc approval required hereunder shall be in addition ' curs prior to the expiration date of the initial to and not in lieu of any federal, state, regional or ire other local approvals which may be required for permit. The environmental planner may requ reapplication and full review in those renewal the same or similar activities . In the event this ' cases where site conditions have changed substan chapter conflicts with any other regulations on tially from the date of issuance of the initial this subject matter, the more restrictive shall permit as a result of natural growth of trees and apply, with the exception that in a municipality, ' vegetation, or high winds, hurricane, tornado; : the municipal ordinance shall prevail. Compli- flooding, fire, or other act of God. If a permit . . ermit ante with . provisions of this chapter does not required by this chapter has been issued concur.= : : excuse any person for noncompliance with other rently with site plan or subdivision approval, then applicable federal, state, regional or local laws . ' such permit shall run concurrently with the site ( Ord* No. 90-16, § 12 9-11-90) plan or subdivision approval and shall be re- newed together therewith. Section 927. 14. Open burning(air curtain in- ' (Ord. No. 90-16, § 1, 9- 11-90; Ord. No. 2002-030, cinerator regulations refer- § 29 11- 12-02) enced. The provisions of Chapter 925, Open Burning( ' Section 927.12. Determination of critical Air Curtain Incinerator Regulations, shall apply root zone. regarding the burning of debris associated with The critical root zone (CRZ) is an area around land clearing and tree removal activities, as ap- a tree that is regulated by the Indian River plicable. County Land Development Regulations for the (Ord. No. 9046, § 1, 9- 11-90) purpose of protecting the roots and trunk of a' Section 927.15. Variances and administra- protected tree or a specimen tree, both during and after construction. It is a circular area using a tive appeals. -radius measured from the center of the tree. The A variance from any of the substantive require- radius is calculated as one ( 1) foot of radius for ments of this chapter or an appeal of any admin- each one ( 1) inch of diameter at breast height (4.5 istrative determination made by the environmen- feet above grade) . For any fraction of a foot over a tal planner may be obtained in accordance with whole foot, the diameter at breast height will be the procedures set forth for such relief under the 1 rounded up to the next whole number. Example: a land development regulations of Indian River tree has a diameter at breast height of twenty-one County; however, the planning and zoning com- and one-quarter (21 :4) inches; the CRZ is a circle, mission of Indian River County shall be the board centered an the center of the tree, with a radius of to which all such variance requests or appeals are twenty-two (22) feet. made . In no event shall the CRZ be less than an area (Ord. No. 90- 16, § 1, 9-11 -90) ' measured five (5) feet radially from the center of the tree at its base unless expressly determined Section 927.16. Tree protection as justifica- by the environmental planner that a smaller tion for variance relief from specified CRZ may be established. A tree well, other land development reg- ' design shall be required as appropriate in cases Mations, when the placement of fill threatens the viability. Inasmuch as the requirements of this chapter of a protected tree or specimen tree to be pre- have been determined to be of vital importance to ' served, the health, safety and well-being of the commu- (Ord. No. 90- 16, § 1, 941-90; Ord . No. 2002 -030, pity, the desire to preserve a protected tree, § 2, 1142-02) whether mandated by this chapter or not, shall be Supp. No. 45 927/7 § 927. 16 INDIAN RIVER COUNTY CODE considered prima facie a unique or special condi- (4) Any person who commits a violation speci- tion or circumstance peculiar to the land involved fled in paragraph ( 1)(b) above shall be subject to a for the purpose of application for a variance from fine of one thousand dollars ($ 1 ,000 .00) . The the literal requirements of land, development reg- removal, destruction, or killing of each protected ulations pertaining to building setbacks, parking tree under this chapter shall be considered a space requirements, or minor or residential street separate offense. ' right-of--way widths, provided adjustments are who commits a violation seci- made elsewhere on the site to 'preserve the max- (5) Any person wp imum permitted lot coverage . and the total mini- fled in paragraph ( 1 )(c) above shall be subject to a mum number of parking spaces; :.and provided fine of up to fifteen thousand dollars ($ 15,000. 00). ' The removal, destruction, or killing of each spec- safety precautions are taken to offset any hazard resulting from decreased right=oPway .widths , men tree under this chapter shall be considered a ( Ord .. No . 9046, § 1, 9- 11-90) ` separate offense. ' In determining the fines provided for in this Section 927.17. Penalties and enforcement. subsection, the . code enforcement board shall con- ( 1 ) It shall be a violation of this chapter for any Sider ' person: (a) The gravity of the violation; (a) To fail to obtain any permit required by (b) Any actions taken by the violator to corm this chapter, or to violate or fail to comply rect the violation; and ' with the provisions of any permit issued (c) Any previous violations committed by the under this chapter; violator. (b) To, without a required permit, remove, ' destroy, or kill a protected tree(s); (6) Any person who commits a violation speci- fied in paragraph ( 1)(d) above shall be subject to a (c) To, without a required permit, remove, fine of not less than one hundred dollars ($ 100 .00) destroy, or kill a specimen tree(s); and not greater than fifteen thousand dollars ' (d) To, without a required permit, perform ($ 15 ,000 . 00) per separate offense. The amount of .any land clearing or grubbing, the fine shall be calculated as follows [sections (a), (b), and (c)] : ' (e) 7b, with or without a permit, not properly dispose of tree removal or land clearing (a) For low , quality vegetation removal, a debris; base fee of twenty-five cents ( $ 0.25) per (f) To not properly square foot of area illegally cleared land ' p p y install and maintain tree. shall be charged.. Low quality vegetation . protection barriers around each tree to be generally consists of plants such as dog saved, or groups of trees, as described in fennel, grape vine, goose-foot grass or section 927. 05(3). non-native vegetation such as Brazilian ' (2) The violation described in section 927 . 17( 1Xc) pepper, above shall be deemed to be irreparable and (b) For high quality vegetation removal, a ' irreversible [see Chapter 162 . 09 , Florida Statutes base fee of fifty cents ($0. 50) per square (F. S .)] a foot of area illegally cleared land shall be (3 ) Any person who commits a violation speci- charged. High quality vegetation gener- fled in paragraph ( 1)(a) above .shall be 'subject to a ally consists of native vegetation such as ' fine of u to two hundred and palmettos, gallberry, or wax myrtle, p fifty dollars ($250.00) for each day the violation continues to exist be- (c) In the event that the quality of vegetation yond a code enforcement' board_ :established date of removed cannot be determined, a base fee compliance. This fine can be in addition to any of thirty-seven and one-half cents ($0 .375) other fine and/or .penalty specified by the Code of per square foot of area illegally cleared Indian River County. land shall be charged. Supp. No. 45 927/8 TREE PROTECTION AND LAND CLEARING § 927. 17 (d) In addition to the above noted penalties,' success criteria for a period of up the area that was illegally cleared or on to three (3) years after reve eta- which protected trees or specimen trees g were illegally removed shall be revegetated tion. ' under the following. circumstances : The Purpose of the revegetation plan is to establish a native plant community to 1 . The property on . which the illegal replace the plant community destroyed by land clearing' and/or tree removal the illegal activity. For the lost of mature occurred is five , (5) acres or larger native plant communities, only the larg- and the area of. illegal land clearing est plants that can reasonably be ex- and/or tree removal was done within petted to survive (and can be procured) ' native uplands, as .defined in section will be authorized for revegetation. 929.05; or : . ( 7) An y person who commits a violation speci- 2 . The . area ' of the illegal land clearing fled in paragraph ( 1)(e) above shall be subject to a and/or tree removal was .within a fine of two hundred and fifty dollars ($250. 00) per conservation easement, a conserva- day starting on the 61st day after commencement tion tract, the Jungle Trail Buffer, or of the tree removal or land clearing. If the date of ' other similar protected area, the commencement of activities cannot be deter- mined, the fine shall start ten ( 10) days after the Under circumstance (6)(d) 1 . above, the landowner and/or agent for the landowner is ' area of revegetation shall be that area notified in writing that the debris must be re- that would have been required to have moved. If an extension has been granted; the fine been set aside as detailedin section 929.05 . shall commence on the day after the end of the No fee-in-lieu of payment will be ac- extension. cepted. (8) Any person who commits a violation speci- Under circumstance (6)(d)2 . above; the fled in paragraph ( 1)(f) above shall be subject to a ' area of revegetation shall be that area fine of two hundred and fifty dollars ( $250. 00) per where the illegal activity occurred within day for each saved tree that does not have prop- the conservation, easement, the conserva- erly installed and maintained protective barriers tion tract, the Jungle Trail Buffer, or installed. The fine shall commence on the date ' other similar protected area, that any development activity begins on the prop- The area shall be revegetated with plant ems' associated with the project and the protective material that is native to Florida, consis- barriers are either improperly installed or not ' tent with surrounding plant material, and installed at all. In the event that the date the suitable for the area of revegetation. A development activity cannot be established, the , revegetation plan must be submitted and fine shall commence on the date that Indian River ' ' approved by environmental planning staff. County staff has verified that development activ- This plan shall include: ity has begun and that the protective barriers are a plan view showing the areas of either improperly installed or not installed at all . • ' revegetation, to include location (9) Permits required by this chapter may be of different species; obtained after-the-fact for land clearing and pro- tected or specimen tree removal activities, upon • the type, .size, and spacing of the determination by the environmental planner that ' plants ,to be used, canopy, such activities were performed in accordance with subcanopy, .ground cover in propor- permit issuance criteria specified in section 927 .07. tion to that illegally cleared; The issuance of an after-the-fact permit abates • a schedule ; for completion; and the penalties described in this section for those actions or activities authorized by the afterAhe- • a maintenance plan, to include fact permit. The fee for an after-the-fact permit ' Supp. No. 45 927/9 § 927 17 INDIAN RIVER COUNTY CODE ' shall be three (3) times the amount of the normal administrative fee as provided for in section 927. 11( 1)(09 ( 10) With respect to any violation of this chap- ter, the . owner of the property on which the violation , occurred is presumed to have under- ' taken, caused ' to be taken, or authorized the , illegal activity. The owner may present evidence provingthat the presumption is incorrect in their case. ' ( 11) Aviolation of any provision of this chapter shall be punishable upon conviction by a fine not to exceed ; five hundred dollars ($500.00), or by imprisonment in the county jail up to . sxty. (60) i days , or both such fine and imprisonment. The destruction or alteration of each tree or plant under this chapter shall be considered a separate offense. The destruction of an historic or a speci- ment tree or any dune vegetation, contrary to this chapter shall receive the maximum penalty pro- vided by law. ( 12) The county or any aggrieved party having ' a substantial interest in, the protection provided by this chapter may apply directly to a court of competent jurisdiction . for mandatory or prohibi- , tive injunctive relief. In any enforcement proceed- ing, the adjudicating body may consider mitigat- ing measures voluntarily undertaken by the alleged violator such as replacement or relocation of trees ' or vegetation, or other landscaping improve- . ments, in fashioning its remedy. Such body may also require such restorative measures . ( Ord. No. 90- 16, § 1 , 941-90; Ord. No. 92- 11, § 22, 422-92 ; Ord. No. 2002-030, § 2, 11- 12-02) Supp. No: . 45 927/10 ' SECTION 01542 ' OPERATIONS IN HIGHWAY RIGHTS -OF -WAY ' 1 . 1 GENERAL A . Obtain all necessary permits not obtained by ENGINEER , and arrange all ' inspection required by the State , County , and City, and pay all charges . Conform with all applicable Florida Department of Transportation , County , and City rules and regulations . Be Portions of the Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation , latest edition , and Supplement ' thereto , hereinafter referred to as the FDOT Specifications , are referred to and amended , in part , and the same hereby made a part of this CONTRACT to the extent of such references and shall be binding upon the CONTRAC- TOR , C . Maintain traffic flow in accordance with Section 01543 , " Maintenance and Protection of Traffic . " D . Take all means necessary to prevent accidents . Furnish sufficient flagmen , barricades , lights , signs and all other precautions necessary to provide safe conditions . ' E . Pavement : Replace damaged or destroyed street pavement and base in complete accordance with the requirements of the controlling authority and the Contract Documents . + + END O F SECTION + + Last revised 7/10/01 01542- 1 PROJECT FAPublic Works\KeithM\Storrnmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft Specifications\Div-1 \01 542 - Operations in Highways .doc SECTION 01543 MAINTENANCE AND PROTECTION OF TRAFFIC 1 . 1 GENERAL A . Implement a Traffic Control System as necessary, in accordance with Y ry, M . U . T . C . D . , Part IV and Florida Department of Transportation Roadway and Traffic Design Standards Index No . 600 series . B . Supply a Certified Worksite Traffic Supervisor for the duration of the project who ' has been trained and certified by the American Traffic Safety Service/Association . C . No additional compensation shall be made for compliance with these requirements . D . Keep all streets and trafficways open for the passage of traffic and pedestrians during the construction period unless otherwise approved by the ENGINEER or authority having jurisdiction over same . ' E . When required to cross , obstruct or temporarily close a street ortrafficway, provide and maintain suitable bridges , detours or other approved temporary facilities expedient for the accommodation of traffic. Give no less than 72 hours notice in advance of the time to close a street or trafficway or as may be otherwise provided in the Traffic Control Plan . Closings shall be effected only during non - peak traffic periods or as directed by the County Traffic Engineer. Closings shall remain in effect for the shortest time practical , and passage shall be restored immediately after completion of backfill and temporary paving or bridging . Obtain all required permits from the public authority having jurisdiction over the road . ' F . Whenever one or more travel lanes of a road will be closed for more than 2 hours , give 72 hours notice to the appropriate law enforcement agency and fire department , prior to commencing any work that will result in the closure . G . Give no less than 72 hours notice to owners or tenants of private property who may be affected by operations . ' E . Provide signs , signals , barricades , flares , lights and all other equipment, service and personnel required to regulate and protect all traffic , and warn of hazards . All such work shall conform to requirements of the authority having jurisdiction . Remove ' temporary equipment and facilities when no longer required , restore grounds to original , or to specified conditions . Furnish and install any and all maintenance of ' Last revised 3/24/03 01543- 1 HARMONY OAKS F:\Public Works\KeithM\Stomnmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01543 - Maintenance & Protection ofTraffic.doc ' traffic hardware necessary to implement a safe and efficient Maintenance of Traffic Plan . 1 . 2 APPLICABLE STANDARDS ' A . Standard Specifications for Road and Bridge Construction , latest edition , including supplements issued by the Florida Department of Transportation ( FDOT) , specified hereinafter as FDOT Spec . B . Manual of Traffic Control and Safe Practices for Street and Highway Construction , Maintenance and Utility Operations , FDOT, 3 . All references to " Department" in referenced standards shall be construed to mean " Owner" for this Work . 1 . 3 TRAFFIC SIGNALS AND SIGNS A . Provide and operate traffic control and directional signals required to direct and maintain an orderly flow of traffic in all areas under CONTRACTOR' s control , or affected by CONTRACTOR' s operations . ' B . Provide traffic control and directional signs , mounted on barricades or standard posts : t1 . At each change of direction of a roadway and at each crossroad . 2 . At detours and hazardous areas . 3 . At parking areas . 1 . 4 FLAGMEN A . Provide qualified and suitably equipped flagmen when construction operations encroach on traffic lanes , as required for regulation of traffic and in accordance with the requirements of the authority having jurisdiction . 1 . 5 FLARES AND LIGHTS A . Provide flares and lights during periods of low visibility: 1 . To clearly delineate traffic lanes , to guide traffic and to warn of hazardous ' areas . 2 . For use by flagmen in directing traffic . B . Provide illumination of critical traffic and parking areas . 1 . 6 PARKING CONTROL Last revised 3/24/03 01543-2 HARMONY OAKS FAPublic Works\KeithM\Storrn%ater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01543 Maintenance & Protection ofTraffic.doc A . Control all CONTRACTOR related vehicular parking within the limits of the WORK ' to preclude interference with public traffic or parking , access by emergency vehicles , OWNER' s operations , or construction operations . Provide temporary parking facilities for the public as may be required because of construction or operations . Be Monitor parking of all construction and private vehicles : ' 1 . Maintain free vehicular access to and through parking areas . 2 . Prohibit parking on or adjacent to access roads , or in non -designated areas . 1 . 7 SIDEWALKS AND STORMWATER SYSTEMS A . Provideaccess for foot passengers , either by bridging or otherwise , and do not ' obstruct the sidewalks , gutters nor prevent in any manner the flow of water in the latter. Use all proper and necessary means to permit the free passage of surface water along the gutters . Immediately cart away all offensive matter, exercising such precautions as may be directed by the ENGINEER or OWNER . All material excavated shall be so disposed of as to not inconvenience the public and adjacent tenants . 1 . 8 HAUL ROUTES A . Consult with governing authorities and establish thoroughfares that will be used as haul routes and site access . M1 . 9 RESPONSIBILITIES WHEN HAULING FILL MATERIAL EXCESS MATERIAL OR DEBRIS A . Provide traffic control at critical areas of haul routes to expedite traffic flow and to minimize interference with the normal public traffic . Be Cleanup any spillage of dirt , mud , or other material along all roads . Immediately cleanup all spillage that creates a safety problem . Cleanup all other spillage within a reasonable time or as directed by OWNER . When hauling dirt or debris over unpaved roads , maintain the road surface in a safe condition by grading , rolling , etc . as necessary. rC . Off- road construction equipment shall not travel over public or private roads . 1 . 10 PAYMENT Last revised 3/24/03 01543-3 HARMONY OAKS F :\Public Works\KeithM\Storm%Aater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01543 - Maintenance & Protection ofTraffic.doc A . All work covered under this Section shall be at the CONTRACTOR ' s expense and shall be included in the applicable pay item in its bid . No separate payment ' will be made for this work . + + END OF SECTION + + Last revised 3/24/03 01543-4 HARMONY OAKS F:\Public Works\KeithM\Stormmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01543 Maintenance & Protection ofTraffic.doc SECTION 01550 ' ACCESS ROADS AND PARKING AREAS 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 rior to final acceptance and P return the ground to its original condition , unless otherwise required by the Contract ' Documents . + + END OF SECTION + + i 1 1 Last revised 7/ 10/01 01550- 1 HARMONY OAKS F:\Public WorksWeithM\StormHeter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\01550 Access Roads & Parking Areas .doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE A . Furnish all labor, equipment, appliances , and materials required or necessary rY 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 1 the public and property owners will be inconvenienced as little as possible . Be 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 4 . Leave the roads , all parts of the premises , and all 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 . (This includes but is not limited to , items such as sprinkler systems , lawns and landscaping , lighting , driveways , etc. installed by individuals or entities within public right-of-way . ) Restore all private property and 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 . Reinstall all mailboxes removed during construction to the required height per the U . S . Last revised 3/26/03 01710- 1 HARMONY OAKS FAPublic Works\KeithM\Stormmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft ' Specifications\Div-1 \01710 - Site Cleanup & Restoration .doc rPostal Service (36 ' to 42 " ) , regardless of the original height . ' F . Thoroughly clean all materials and equipment and on completion of the work, deliver the facilities undamaged and in fresh and new-appearing condition . ' 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 . 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 CLEANUP AND RESTORATION A . Prior to final completion , the OWNER , ENGINEER and CONTRACTOR shall review the work area with regards to cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . Be Petroleum or Hazardous Material Spills : If any petroleum product or hazardous material is spilled on the ground or water surface , immediately begin cleanup operations and immediately report the spill to the ENGINEER and the Indian River County Health Department (794-7400 ) . Remove all contaminated soil and remove all spilled material from canals and other waterways and dispose of it in an approved manner. All cleanup and restoration shall be at the CONTRACTOR' s expense . 1 . 4 PAYMENT ' A . There shall be no separate payment for any work required by this Section . All necessary work required or implied herein shall be at the CONTRACTOR' s expense . + + END OF SECTION + + 1 Last revised 3/26/03 01710-2 HARMONY OAKS F:\Public Works\KeithM\Stormmter Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Draft ' Specifications\Div- 1 \01710 - Site Cleanup & Restoration .doc SECTION 01720 RECORD DOCUMENTS 1 . 1 GENERAL A . Maintain and provide the ENGINEER with record documents as specified below, ' except where otherwise specified or modified in Divisions 1 - 16 or the Supplementary Conditions . ' B . Maintenance of Documents : 1 . Maintain complete sets of record documents in clean , dry, legible condition . " Record Documents " include but are not limited to : Drawings ( including ' Contract Drawings , Record Drawings , and electronic files of Record 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. 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 1 . 2 RECORD DRAWINGS A . During the entire construction operation , maintain records of all deviations from the rDrawings and Specifications and 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 . ' B . Mark whichever drawing is most capable of showing the constructed condition fully ' and accurately ; however, where shop drawings are used for mark-up , record a cross- reference at the corresponding location on the contract drawings . Mark- up new information that is recognized to be of importance to the OWNER , but was not shown on either the contract drawings or shop drawings . Give particular attention to concealed work that would be difficult to measure and record at a later date . Note related change order numbers where applicable . C . Organize record drawing sheets into manageable sets , bind with durable paper cover sheets , and print suitable titles , date and other identification on the cover of ' each set . Include the following minimum information , as applicable : Last revised 3/24/03 01720- 1 HARMONY OAKS a . Horizontal and vertical location of underground utilities and appurtenances g pp nces referenced to permanent surface improvements . ' b . Field changes of dimensions and details . c . Changes made by Change Order or Field Order. d . Details not on the original Drawings . ' e . Show all culvert inverts , top of inlet grate and structure bottom elevations , pipe material , and diameter. f. Show dimensions , elevations , contours , final grades , and cross-sections of the mitigation site . g . Show elevation and location of all benchmarks used . 1 . 3 CERTIFICATION OF PROJECT RECORD DRAWINGS A . OWNER will supply CONTRACTOR with Project Drawings in AutoCad Release 14 format on compact disc or 3 . 5" floppy discs . Input Record Drawing information onto the AutoCad files and return the files to the OWNER in accordance with Section 01810 — Project Closeout , B . CONTRACTOR and CONTRACTOR' s surveyorwill each certify as to the accuracy of the Record Drawings and submit six (6 ) sets to the OWNER in accordance with Section 01810 — Project Closeout . The following certifications shall appear on each sheet of the Record Drawings : CONTRACTOR' S CERTIFICATION AS TO ACCURACY OF RECORD DRAWINGS : I HEREBY CERTIFY that to the best of my knowledge and belief, these Project Record rDrawings are complete and accurate and correctly represent the constructed Work forthis project . Contractor: Date : Contractor' s License Number: ' SURVEYOR' S CERTIFICATION AS TO ACCURACY OF RECORD DRAWINGS : I HEREBY CERTIFY that to the best of my knowledge and belief, the land surveying information shown on these Project Record Drawings is complete and correctly represents the constructed Work for this project . I FURTHER CERTIFY that this survey work was performed by me personally or performed by individuals under my direct control and ' supervision . I ALSO CERTIFY that all the survey work for these Project Record Drawings ' Last revised 3/24/03 01720-2 HARMONY OAKS meets all state laws and regulations regarding Land Surveyors and Mappers . Professional Surveyor and Mapper: Printed Name : ' Date : (SEAL ) License Number: 1 . 4 SUBMITTAL OF RECORD DOCUMENTS A . Deliver the following Record Documents to OWNER in accordance with Section 01810 — Project Closeout : a . Two bound sets , signed and sealed . b . One digital copy in AutoCad Release 14 format . c. One reproducible mylar set . ' Retainage will not be released until satisfactory record documents are received by ENGINEER . B . Accompany submittal with transmittal letter containing : a . Date . b . Project title and number. ' c . CONTRACTOR'S name and address . d . Title and number of each record document . e . Certification that each document as submitted is complete and accurate . f. Signature of CONTRACTOR , or his authorized representative . 1 . 5 RESPONSIBILITY FOR ACCURACY OF RECORD DOCUMENTS A . The CONTRACTOR will beheld responsible for the accuracy of Record Document ' data and shall bear all costs incurred by the OWNER as a result of incorrect data furnished by the CONTRACTOR that is contained in the Record Documents . ' 1 . 6 PAYMENT A . Payment for Record Documents shall be made under the pay item for Record Documents . + + END OF SECTION + + ' Last revised 3/24/03 01720-3 HARMONY OAKS SECTION 01810 ' PROJECT CLOSEOUT FOR PART 1 OF THE CONTRACT 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Closeout is defined to include theuirem eneral requirements q ents near the end of the Contract Time , in preparation for final acceptance , final payment , normal termination of the Contract , occupancy by the OWNER , and similar actions evidencing completion of the work. 1 . 2 PREREQUISITES FOR FINAL ACCEPTANCE A . Related Requirements : 1 . General Conditions : Article 13 , Article 14 , and other Articles as applicable . 2 . Supplementary Conditions . ' 3 . Section 01330 , Required Submittals . 4 . Section 01710 , Site Cleanup and Restoration . 5 . Section 02238 , Wetland Mitigation Planting , 6 . All other Sections of these Specifications requiring specific close-out submittals or requirements of various trades . ' B . The following information shall accompany the final Application for Payment for Part 1 of the Contract (except as previously delivered ) : 1 . All information required by General Conditions 14 . 07 , 2 . Final payment request . ' 3 . Final releases and supports from all subcontractors and suppliers not previously submitted and accepted . 4 . Certificates of insurance for products and completed operations . 5 . Updated final statement , accounting for additional changes to the Contract Sum . ' 6 . Certified copy of OWNER's final punch -list of itemized work to be completed or corrected , stating that each item has been completed or otherwise resolved for acceptance , endorsed and dated by the OWNER' s Project Representative . ' 7 . Project Record Documents , 8 , Section 00632 — Contractor' s Final Certification of the Work . 9 , Section 00634 - Professional Surveyor and Mapper' s Certification as to Elevations and Locations of the Work . 1 . 3 FINAL CLEANING A . General : As specified herein and in Section 01710 , provide final cleaning of the Work . ' 1 . 4 COMPLIANCY ' A . Comply with safety standards and governing regulations for cleaning operations . Last revised 01 /24/2001 01810- 1 HARMONY OAKS Do not burn waste materials at the site , or bury debris or excess materials on the OWNER's property, or discharge volatile or other harmful or dangerous materials into drainage systems , remove waste materials from the site and dispose of in a lawful manner. ' 6 . Where extra materials of value remaining after completion of the associated work have become the OWNER's property, dispose or store at the site as directed by the OWNER . + + END OF SECTION + + Last revised 01 /24/2001 01810-2 HARMONY OAKS SECTION 02050 ' SITE PREPARATION Revised January 9 , 2004 Per Addendum No . 1 PART 1 - GENERAL ' 1 . 1 SCOPE A . This Section covers work along the construction site , including clearing and ' disposal , complete as specified herein . Refer to Section 01541 for additional requirements regarding protection of trees , plants , existing structures , etc. Grubbing and stripping is not required for this wetland mitigation project . 1 . 2 LIMITS OF CLEARING A . Clear exotic vegetation from the areas shown on the Drawings . Refer to the Drawings and specifications for the areas to be mechanically cleared and for those ' to be cleared by hand . 1 . 3 PERMITS ' A . Before beginning any clearing or grubbing work, apply for and obtain an Indian River County Land Clearing Permit and pay all associated fees . ' 1 . 4 CLEARING A . The surface of the ground for the area to be mechanically cleared (the Restoration ' Area ) shall be cleared of all above-grade exotic vegetation (dead and alive ) , structures , concrete , rubbish and all other objectionable obstructions . No stumps ' shall be left higher than 12 inches above ground level . When hand clearing the Enhancement Area , all trees , etc , to be removed shall be removed to a maximum height of 12 inches above ground level . In all areas , spray the stumps with an ' approved herbicide to kill the remaining plant . Apply said herbicide within 15 minutes of cutting the plant . Preserve all specimen trees and provide tree buffers to the drip line on all specimen trees . (See Section 01541 . ) Conduct all clearing ' operations so as to prevent damage to trees to be saved , to existing structures and installations , and to those under construction , and so as to provide for the safety of employees and others . 1 . 5 DISPOSAL OF MATERIAL ' Last revised 6/6/03 - 02050 1 HARMONY OAKS FAPublic works\Keithwstormwater Projects\Harmony Oaks Mitigation Projechconstruction Contract\Technical ' SpecificationsUivision 2Wddendum #1 - 02050 - Site Preparation .doc A . No burning is permitted on -site . ' Be See Section 02238 , C . Obtain and comply with the provisions of all necessary permits and pay all required fees . D . Under no circumstances shall material be buried on -site without permission ' from the OWNER . 1 . 6 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY ' A. Exercise extreme care to avoid unnecessary disturbance of public and private property. Replace and replant trees , shrubbery; gardens , lawn , and ' other landscaping to restore the property to the condition existing prior to construction . Be All soil preparation procedures and replanting operations shall be under the supervision of a nurseryman experienced in such operations . ' C . Improvements to the land such as fences , walls , outbuildings , etc. , which of necessity must be removed shall be replaced with equal quality materials ' and workmanship . D . Clean up the construction site immediately after construction is completed . ' Keep the site free of debris and dress up the construction site as the work progresses . ' + + END OF SECTION + + Last revised 6/6/03 02050-2 HARMONY OAKS F:\Public worksweithmstormwater Projects\Harmony Oaks Mitigation Project\construction contract\Technical ' SpecificationsDivision 2\Addendum #1 - 02050 - Site Preparation .doc ' SECTION 02225 ' EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE tPART 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 . 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 t Management Practices for Erosion and Sedimentation Control " of the Florida Erosion and Sediment Control Inspector' s Manual . In the event of ' 02225- 1 HARMONY OAKS F:\Public WorksWeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc tLast revised — 11 /24/03 t a conflict between the referenced Chapter 4 and these Specifications , the more stringent requirement shall prevail . F . The project site drains into the Indian River Lagoon , a Florida Outstanding mg Water. ' G . The County has installed a tempora access culvert across the ditch i ch at the end of 4th Avenue S . E . Provide and install turbidity curtains as ' necessary at the ditch crossing and also maintain the ditch crossing during the Contract period . ' 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 . 0 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 ) 984 -4940 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 www. dep . state . fl . us/water/stormwater/npdes/ Be 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 ' govern . 1 . 3 GENERAL ' A . Do not begin any other construction work until the pollution control and ' treatment system has been constructed in accordance with approved plans and approved for use by the OWNER and applicable permitting authorities . ' Be 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 ' 02225-2 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc ' Last revised — 11 /24/03 treatments stem is not in compliance pllance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not Lin 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 Section 1340 , B . Stormwater Pollution Prevention Plan , 1 . 5 DESIGN , INSTALLATION AND MAINTENANCE OF THE EROSION AND STORMWATER POLLUTION CONTROL SYSTEM ' A . Provide a site-specific design of the erosion and stormwater pollution control system . After installing the system , maintain it until it is no longer ' necessary . Before beginning construction , submit to the ENGINEER for review , a Stormwater Pollution Prevention Plan . Construction shall not begin until the Stormwater Pollution Prevention Plan has been approved ' by the ENGINEER . The CONTRACTOR shall complete the certification ' 02225-3 HARMONY OAKS FAPublic WorksWeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc ' Last revised — 11 /24/03 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 ' 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 . ' B . 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 . 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 . D . Above paragraphs 1 . 6 . A , 1 . 6 . 13 , and 1 . 6 . 0 do not in any way , limit the itypes 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 , and other pertinent regulatory or enforcement agencies . ' 02225-4 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc Last revised — 11 /24/03 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 . Silt fence installations for this ' project shall be double installations . ( i . e . two silt fences installed adjacent to each other in parallel . ) 2 . Installation : Install per the manufacture ' s recommendations and as ' 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 , 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 ) . ( 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 : eeeeeeeeee ' 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , and other water bodies . 2 . Installation : Install per the manufacturer' s recommendations and ' per FDOT Index No . 103 unless directed otherwise by the ENGINEER . 3 . Removal : The turbidity barriers shall become the property of the OWNER upon completion of the project . When they are no longer needed , carefully remove and clean the turbidity barriers and ' contact Indian River County Road and Bridge Division ( 770-5085 ) , which will provide a truck to pickup the barriers . Load the turbidity barriers into the County truck . 4 . Product: All material shall be new and unused . The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow . 02225 -5 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc Last revised — 11 /24/03 ' a . Parker Systems , Inc . ( 1 -866 -472 -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 . 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 : 02225-6 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc Last revised — 11 /24/03 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 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 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 . ' 4 . Product: All materials shall be new and unused . a . " SILTSACK" ( regular flow) , supplied by ACF Environmental , Inc . ( 11 -800448-3636 ) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc . ( 1 - 800-579 -8819 ) . C , Or equivalent . F . Construction Site Egress Driveways : Minimize t a y he 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 . H . Hay Bales : Hay bales shall not be used . 02225-7 HARMONY OAKS FAPublic Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc ' Last revised — 11 /24/03 ' PART 3 EXECUTION ' A . Construct 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 . [The remainder of this page was left blank intentionally] 02225-8 HARMONY OAKS F :\Public Works\KeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc Last revised — 11 /24/03 CONTRACTOR' s CERTIFICATION REGARDING EROSION ' CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN ) ' STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on t 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 : HARMONY OAKS MITIGATION PROJECT INDIAN RIVER COUNTY PROJECT #9219A UNDER PENALTY OF PERJURY , affiant further says that he or she understands and shall comply with , the terms and conditions of the following : 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 : Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 02225-9 HARMONY OAKS FAPublic WorksWeithM\Stormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical Specifications\Division 2\REVISED - 02225 - Erosion Control & Treatment.doc Last revised — 11 /24/03 SECTION 02230 ' GRADING Revised January 9 . 2004 Per Addendum No. 1A ' PART 1 - GENERAL 1 . 1 SCOPE ' A . Furnish all material , labor, equipment, and supervision required to maintain the preconstruction grade to the best extent practicable as shown on the Contract Drawings and specified herein . PART 2 — MATERIALS — Not Used PART 3 - EXECUTION 3 . 1 WORKMANSHIP A . FINISH GRADING — When clearing operations are complete , regrade the site to the preconstruction grade , to the best extent practicable . Eliminate all depressions and other irregular surface features caused by CONTRACTOR' s operations . Round the ' tops of embankments and breaks in grade with a minimum radius of 6 feet. All surfaces shall be free of loose roots , debris , and other deleterious material from exotic vegetation . rBe Final grades shall approximate preconstruction grades to the best extent practical . + + END OF SECTION + + ' Last revised 1 /9/04 02230- 1 HARMONY OAKS RIPublic WorksweithM\Stormwater ProjecmHarmony Oaks Mitigation Project construc,on Contract\Technical Specifications0vision 2VWddendum #1 - 02230 - Grading.doc tSECTION 02238 WETLAND MITIGATION PLANTING AND WARRANTY FOR PART 1 OF THE CONTRACT Revised January 9 , 2004 Per Addendum No . 1A ' PART 1 - GENERAL 1 . 1 SCOPE A . Furnish all material , labor, equipment , and supervision required to plant and maintain the mitigation areas shown on the Drawings , and as discussed in the Proposed Mitigation Plan for the Gifford Stormwater Improvement Proiect ( included at the end of this Section ) , and specified herein . In the event of a conflict between ' the referenced Mitigation Plan and the specifications herein , the specifications shall govern . ' 1 . 2 4 . 98 ACRE RESTORATION AREA ZONES A , B AND C A . Mechanically clear Restoration Area Zones A , B , and C , trying to maintain the existing elevations . Grubbing is not required . Preserve all native vegetation and specimen trees . Remove all exotics (dead and alive material ) from all three zones . 1 . 3 2 . 08 ACRE ENHANCEMENT AREA A . The enhancement area shown on the Drawings is infested with exotic vegetation (e . g . Brazilian peppers and air potato ) . Hand -clear all exotics from this area and provide stump treatment of all removed exotics using approved herbicides . Mechanical clearing is not allowed in this area . Do not disturb any existing native vegetation . Remove all exotics (dead and alive material ) . ' 1 . 4 EXOTIC TREE REMOVAL A . Cut all trees to be removed to a maximum height of 12 inches above ground surface and spray each stump with herbicide within 15 minutes after cutting . Retreat with herbicide as required to ensure no regrowth occurs . ' 1 . 5 DISPOSAL OF DEBRIS A . All vegetation to be removed shall be hauled from the project site and legally ' disposed . 1 . 6 PLANTINGS Last revised 1 /9/04 02238A HARMONY OAKS FAPublic Works\Keithmstormwater Projects\Harmony Oaks Mitigation Projectconstruction Contract -technical SpecificationsUvision 2\Addendum #1 - 02238 - Wetland Mitigation Planting - Part 1 .doc A . All plantings shall be Florida # 1 specimens and they shall be installed and ' maintained as recommended by the supplier nursery. B . Coordinate the planting with County personnel . ' 1 . 7 MISCELLANEOUS A. All native specimen trees ( including cabbage palms ) in Restoration Area Zones A , B , and C are to be flagged , protected , and preserved . B . All herbicide must be applied by an individual possessing a State Certified herbicide application license . Provide the OWNER with a copy of the individual ' s license before herbicide application . C . Vines growing in trees do not need to be pulled out of the tree canopy. Cut the vines and kill them at the base , leaving the remaining severed vines in the tree canopy. 1 . 8 THE WARRANTY PERIOD FOR PART 1 OF THE CONTRACT ' A . Warranty Period : 1 . All plants shall be under full warranty coverage during this warranty ' period . During this time , the CONTRACTOR shall guarantee that one hundred ( 100 ) percent of the planted individuals in each planting stratum will become established and show signs of normal growth . The warranty ' periods for the various plants are listed below: (a ) Shrubs (Sea Grapes , Saw Palmetto , Wax Myrtle , Swamp Fern , Chain Fern , Wild Coffee , Leather Fern ) : No less than 90 days after rthe date of final acceptance by the OWNER . ( b ) Trees (Live Oaks , Laurel Oaks , Red Bay, Red Maple ) : No less than 180 days after the date of final acceptance by the rOWNER . (c) Cabbage Palms : No less than 1 year after the date of final acceptance by the OWNER . 2 . During the warranty period , replace , reinstall , and maintain at no expense to the OWNER , all plants that do not survive or are not established or do ' not show signs of normal growth . The OWNER' s Conservation Land Manager or designated representative shall determine whether or not replacement is required . 3 . If a plant must be replaced , the replacement plant shall be covered by a new warranty period , for the time limits listed above . Last revised 1 /9/04 02238-2 HARMONY OAKS RIPublic WorksweithM\Stormwater Projects\Harmony Oaks Mitigation Project construction Contract7echnicai ' SpecificationsTivision 2Vlddendum #1 - 02238 - Wetland Mitigation Planting - Part 1 .doc 1 ' 1 . 9 CONTRACT DEDUCT — MULCHING ON -SITE ' A. If approved by the OWNER , trees and other vegetation to be removed may be mulched and the mulch tilled into no less than the upper 6 inches of the soil . The maximum allowable size of any piece of mulched material is 12 inches , measured in ' any direction . No mulching is allowed on weekends or holidays . Mulching during weekdays is permitted only between the hours of 8 : 00 AM and 4 : 00 PM . ' + + END OF SECTION ( but see also , Wetland Mitigation Plan beginning next page ) + + ' Last revised 1 /9/04 02238-3 HARMONY OAKS RIPublic Worksweithmstormwater ProjectslHarmony Oaks Mitigation Project\Construction ContracATechnical SpecificationsTivision 2Wddendum #1 - 02238 - Wetland Mitigation Planting - Part 1 .doc G . K. ENVIRONMENTAL , INC . ' Environmental Consulting GEORGE R KULCZYCKI, CES, CEI 155 McKee Lane Vero Beach, FL 32960 ' Phone 561 =567=9129 Fax 561 -567-6245 PROPOSED MITIGATION PLAN FOR ' THE GIFFORD STORMWATER IMPROVEMENT PROJECT ' Response to SJRWMD RAI Dated ed 9/19/01 , Item #4 ' The wetland arearo osed for impact excavation for s P P P ( tormwater improvement ' for the Indian River Lagoon) is impounded and isolated by past railway and highway ' construction activity to the east. This historic construction, along with increased upland drainage / seepage has created this existing "shrub swamp" condition. Standing water is evident throughout this area (4 . 85± acres), and it is also littered with trash within and ' along the margins of the wetlands. Species composition of the wetland area consists of two (2) dominant plant ' species : water primrose, Ludwigia peruviana, and willows, Salix spp. Fringe areas ' consist mainly of: red maple, Acer rubrum ; Brazilian pepper, Schinus terebinthifolios ; cattail, Typha ; wax myrtle, Myica cerifera; and salt bush, Baccharis halimmifolia. ' This proposed project is designed to improve and enhance the quality of ' stormwater runoff to the Indian River Lagoon. The mitigation site is located in the county owned "Harmony Oaks Conservation Area" in south Indian River County (a. k. a. Vero Shores) . 05 / 17/ 2002 11 : 17 561567624q GK ENVIRONMENTAL INC PAGE 03 The proposed mitigation plan for the above referenced public stormwater ' improvement project is as follows and agreed upon in the field meeting with STRWMD ' on May 8, 2002: Wetland Impacts . . . . . . . . . . . . . . . Gifford Site . . . . . . . . . . . . ..4. 85 acres Mitigation Credits . 4 0 . ,Vero Shores I Harmony Oaks ' 14 -j Restoration. . . . . . . . . . . A.98 acres @ 1 . 5 : 1 = 3 .32 acres M- 2 Enhancement. . . . . . . . . . 2,08 acres @ 4: 1 = 0.52 acres M_ 3 Stormwater Quality Improvements 1 ,01 acres 4. 85 acres ' ZONES B AND C 4.98 ACRE RESTORATION AREA ,�., , ' The restoration area will be mechanically cleared and graded to the approximate existing elevations. Specimen trees in Zone A will be preserved if possible. Please see enclosed mitigation plan summary. ' 2.08 ACRE ENHANCEMENT AREA The enhancement area is infested with exotic vegetation (i.e. Brazilian peppers ' and air potato). This area will be hand cleared of exotics and maintained free of exotic ' rc-vegetation. Existing native vegetation will not be disturbed by mechanical activities as proposed in the restoration area. Response to SJRWMD RAI Dated 9/19/01 , Item #5 Zones A, B , and C will be mechanically cleared and restored as previously discussed and as outlined in the attached response. Monitoring of the area will be ' completed on a quarterly basis and reports will be filed with the District. Photo transect ' locations are depicted on the attached maps . Monitoring will continue for a period of five years following the completion of the restoration project. Proposed success criteria is ' 80% of replanted material over a five year period. Re-infestation of exotics will be either ' hand removed or lightly sprayed with District approved herbicides . EXISTING DOMINATE VEGETATION IN RESTORATION ZONES ZONE A & B ZONE C Red Maples (80%) Brazilian Pepper* ' Brazilian Peppers ( 10%) Cabbage Palms Cabbage Palms Elderberry* Laural Oaks Southern Fox Grape ' Red Bay Primrose Willow* Southern Fox Grape Buttonbush Sea Grape Air Potato ' Hack Berry Wild Coffee Wild Coffee Swamp Fern Carolina Willow Chain Fern ' Swamp Fern Boston Fern Chain Fern Boston Fern ' Live Oak * Exotics Saw Palmetto � r PROPOSED REPLANTING ' 4. 98 RESTORATION AREA — GIFFORD STORMWATER PROJECT ZONE A ' Live Oaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' - 10' . . . . . . . . . . . . . 50' on center Cabbage Palms . . . . . . . 000661900 * 8 * 000481 - 12 ' . . . . . . . . , . . . . cluster of 3 ; 50' o . c . Sea Grape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' - 4' . . . . . . . . . . . . . . .40' o . c . ' Saw Palmetto . . . . . . . . . . . . . . . . . . . . . . . . . 2' - 3 ' . . . . . . . . . . . . . . .cluster of 3 ; 30' o . c . Wax Myrtle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' - 4' . . . . . . . . . . . . . . . 30' o . c . 1 ZONE B ' Laurel Oaks . . . . . . , , , , , , save 00640DO609098 10' . . . . . . . . . . . . . 50' o . c. Red Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' - 10' . . . . . . . . . . . . . 50' o . c. Cabbage Palm . . . . . . . . . . . . . . 8060 . 0 . 9498 ' - 121 . . . . . . . . . . . . .cluster of 3 ; 50' o .c . ' Swamp Fern . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . . cluster of 3 ; 30' o . c. Chain Fern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . . cluster of 3 ; 30' o . c . ' Wild Coffee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . . cluster of 3 ; 30' o . c . Wax Myrtle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' - 4' . . . . . . . . . . . . . . .30' o . c . ' ZONE C ' Red Maples . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' - 10' . . . . . . . . . . . . . 50' o .c . Red Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' - 10' . . . . . . . . . . . . . 50' o . c . Laurel Oaks . , , . , - 10' . . . . . . . . . . . . . 50' o . c . ' Leather Fern . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . .cluster of 3 ; 30' o .c. Swamp Fern . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . . cluster of 3 ; 30' o . c . Chain Fern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 gallon. . . . . . . . . . . cluster of 3 ; 30' o . c. i 1 i SECTION 02239 FIVE -YEAR MAINTENANCE OF THE WETLAND MITIGATION AREA FOR PART 2 OF THE CONTRACT Revised January 9 , 2004 Per Addendum No . 1A ' PART 1 - GENERAL ' 1 . 1 SCOPE A . Beginning on the date of final acceptance by the OWNER , maintain each planting stratum for a period of five years . During this five-year period , the CONTRACTOR shall guarantee all of the following : 1 . That eighty (80 ) percent of the planted individuals in each planting stratum ' will become established and show signs of normal growth , based upon standard growth parameters such as height , base diameter, or canopy circumference ; and 2 . At least eighty (80 ) percent cover by appropriate wetland herbaceous species has been obtained , ' 3 . Hydrologic conditions generally continue to conform to those specified in the mitigation plan ; and 4 . The restoration area and enhancement area will remain free of exotics . ' 1 . 2 REPLACEMENT PLANTINGS ' A . All replacement plantings shall be Florida # 1 specimens and they shall be installed and maintained as recommended by the supplier nursery. Coordinate planting with County personnel . i1 . 3 MAINTENANCE OF THE RESTORATION AND ENHANCEMENT AREAS ' A. Maintain the restoration and enhancement areas . The maintenance period ends five years after the date of final acceptance by the OWNER . As a minimum , perform maintenance quarterly. Water the plants as necessary to provide optimum ' growth conditions for the entire maintenance period . A temporary irrigation system may be installed at the CONTRACTOR' s option , at no additional cost to the OWNER . Maintenance includes but is not limited to , the removal of all exotics using methods approved by both the OWNER and St . Johns River Water Management District ( SJRWMD ) ( i . e . hand remove or lightly spray with SJRWMD approved herbicides ) and keeping the areas free of exotics . Maintenance also includes but is ' not limited to , the filling , leveling , and repairing of any rutted , washed or eroded areas , regardless of when or how the erosion occurs . Replace and reinstall at no expense to the OWNER , all plants that do not become established or show signs of ' Last revised 4/2/03 02239- 1 HARMONY OAKS RIPublic Works\Keithwstormwater Projects\Harmony Oaks Mitigation Projecaconstruction Contract7echnical SpecificationsUvision 2\Addendum #1 - 02239 - Wetland Mitigation Planting - Part 2.doc 1 • 1 ' normal growth . The OWNER' s Conservation Land Manager or designated representative will determine when replanting is necessary. 1 + + END OF SECTION + + 1 1 1 1 i 1 1 1 1 1 Last revised 4/2/03 02239-2 HARMONY OAKS FAPublic WorksWeithM stomtwater ProjectsWarmony Oaks Mitigation Project construction ContractUechnical 1 SpecificationsUvision 2Wddendum #1 - 02239 - Wetland Mitigation Planting - Part 2.doc t 1 1 1 1 SlIWa3d - tl XION3ddtl ' Jl St . Johns River Water Management District I Kirby B. Green III , Executive Director Y John R. Wehle, Assistant Executive Director rmwN r= Jul Post Office Box 1429 • Palatka, FL 32178- 1429 • (386) 329-450 U � ' ,J July 9 , 2002 1 b 2002 Indian River County Public Works PUBLIC WORKS DEPT. _ 1840 25th ST ' Vero Beach , FL 32960 SUBJECT : Permit Number 4-061 -71269- 1 Gifford Stormwater Improvement Project Dear Sir/Madam : Enclosed is your permit as authorized by the Governing Board of the St. Johns River Water Management District on July 9 , 2002 . rThis permit is a legal document and should be kept with your other important documents . . The .attached MSS.W/StormwatetAs.wBuilt:,. Certificatibn :. Fbrm: s .hould . be filled in and returnedto the Palatka office .within-- -thirty ,days after the` work i�s 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 'compli.ance to, permit condltlons . must be' submitted to the. Palatka ffice 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. In the event you sell your property , the permit can be transferred to the new owner , if we are notified by ' you within thirty days of the sale . Please assist us in this matter so as to maintain a valid permit for the new property owner. Thank you for your cooperation and if this office can. be of any further assistance to you , please do not hestitate to contact us . Sincerely , 4 S ' Gloria Lewis , Director / Permit Data Services Division Enclosures : Permit with EN Form ( s) , if applicable ' cc : District Permit File GOVERNING HOARD ' Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICECHAIRMAN R. Clay Albright, SECRETARY David G, Graham, TREAsuRER JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE W. Michael Branch Jeff K. Jennings William Kerr Ann T. Moore Catherine A. Walker FERNANDINA BEACH MAITLAND MELBOURNEBEACH BUNNELL ALTAMONTESPRINGS ' ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178-1429 PERMIT NO . 4-061 -71269 - 1 DATE ISSUED : July 9 , 2002 PROJECT Gifford Stormwater Improvement Proiect A PERMIT AUTHORIZING : construction of a surface water management system to retrofit a 48-acre drainage area consisting of industrial and residential land development. LOCATION . ' Section (s) : 26 Township (s ) : 32S Range (s) : 39E Indian River County ISSUED TO : Indian River County Public Works 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 of 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 anytime pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : ' PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit A" , dated July 9 , 2002 AUTHORIZED BY : St , Johns River Water Management District Department of Water Resources Governing Board By: By : ' *(( el ge Kir B . Green III r) (As stant Secretary) " EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-061 -71269-1 INDIAN RIVER COUNTY PUBLIC WORKS DATED JULY 95 2002 ' 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. t2 . 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' Manuat A Guide to Sound Land and Water Management ( Florida Department of Environmental Regulatiort 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 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 rareas 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. 1,09 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 bya 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) tsupplied 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 1 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 elevationsof 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 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 , 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 startof 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 rchapter 40C-40 , F .A . C . 14 . The permittee shall bold 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 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 . 1 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 stabilization . r22 : All wetland areas or`water bodies that are outside. theospeci'ft limlits of constructrori authorized bythis permit must be protected from erosion ; `siltatiort, scourmg or, excess turbidity; and dewatering r23. 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 rconstruction , including clearing , may be a violation of this permit . 24 The wetland mitigation areas"must be planted prior to any of the following events r (whichever occurs first) : issuance of the first certificate of occupancy; use of the infrastructure for its intended use ; or transfer of responsibility for operation and ' maintenance of the system to a local government or other responsible entity. 254 The Permittee : must 'furnish the District .with two copies of` an annual monitoring. report , in rthe month of August�on District fonih EN 55 , for the time period' stafed in this permit' s successcriteria condition r 26 . Successful establishment of the wetland mitigation will have occurred when : a . At least 80 percent of the planted individuals in each stratum have survived throughout the r monitoring period and are showing signs of normal growth , based upon standard growth parameters such as height and base diameter, or canopy circumference ; and , b . At least r80 percent cover by appropriate wetland herbaceous species has been obtained ; and , c . Hydrologic conditions generally conform to those specified in the mitigation plan ; and , d . The above criteria have been achieved by the end of a 5-year period following initial 1 1 planting . 27 . If successful establishment has<. not occurred as stated above , the permittee must apply to ' the District for permit modification no later than 30 days following the termination of the monitoring period . The application must include a narrative describing the type and ' causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wetland mitigation area so that the success criteria will be achieved . ' Within 30 days of District approval and issuance of the permit modification , the permittee must implement the redesign and/or replacement planting . Following completion ' of such work, success criteria as stated above or modified by subsequent permit must again be achieved . In addition , the monitoring required by these conditions must be conducted . ' 2 It � t 8 n he event that 50 /o or greater mortality of planted wetland species in any stratum within the mitigation area occurs , the Permittee must undertake a remediation program approved by District staff . ' 29 . The system must be constructed and operated according to the plans submitted on June 27, 2001 and as modified by the plans and supplementary information submitted on August 23 , 2001 and May 24 , 2002 , 30 Prior tozubmittat of the first monitormg ' ;report the permittee must ' permanently mark the boundaries of the off-site mitigation areas by sinking iron rods or 2- inch PVC pipes at all changes in direction such that they protrude a minimum of 8 inches above ground or the seasonal high water (whichever is higher) , and submit a corresponding survey sketch of the mitigation area boundaries defined by these markers to the District's Palm Bay ' Service Center with the first monitoring report. : 31 The off-site mitigation area must be constructed and mitigaton activities must ' be implemented according to the plans submitted on May 24 , 2002 . Any significant deviation from the permitted mitigation plan must receive prior written approval from SJRWMD and appropriate Indian River County Staff , and ' must remain consistent with the management plan for the Harmony Oaks Conservation Area . ' SECTION 02239 ' FIVE -YEAR MAINTENANCE OF THE WETLAND MITIGATION AREA FOR PART 2 OF THE CONTRACT ' PART 1 = GENERAL 1 . 1 SCOPE A . Beginning on the date of final acceptance by the OWNER maintain each planting stratum for a period of five years . During this five-year period , the ' CONTRACTOR shall guarantee all of the following : 1 . That eighty (80 ) percent of the planted individuals in each planting stratum will become established and show signs of normal growth , based upon ' standard growth parameters such as height , base diameter, or canopy circumference ; and 2 . At least eighty (80 ) percent cover by appropriate wetland herbaceous species has been obtained ; 3 . Hydrologic conditions generally continue to conform to those specified in ' the mitigation plan ; and 4 . The restoration area and enhancement area will remain free of exotics . ' 1 . 2 REPLACEMENT PLANTINGS A . All replacement plantings shall be Florida # 1 specimens and they shall be ' installed and maintained as recommended by the supplier nursery. Coordinate planting with County personnel . ' 1 . 3 MAINTENANCE OF THE RESTORATION AND ENHANCEMENT AREAS A . Maintain the restoration and enhancement areas . The maintenance period ends ' five years after the date of final acceptance by the OWNER . Water and fertilize the plants as necessary to provide optimum growth conditions for the entire maintenance period . Maintenance includes but is not limited to , the removal of all exotics using methods approved by both the OWNER and St . Johns River Water Management District (SJRWMD ) ( i . e . hand remove or lightly spray with SJRWMD approved herbicides ) and keeping the areas free of exotics . Maintenance also ' includes but is not limited to , the filling , leveling , and repairing of any rutted , washed or eroded areas , regardless of when or how the erosion occurs . Replace and reinstall at no expense to the OWNER , all plants that do not become established or ' show signs of normal growth . The OWNER Is Conservation Land Manager or designated representative will determine when replanting is necessary . + + END OF SECTION + + ' Last revised 4/2/03 02239- 1 HARMONY OAKS RIPublic WorksWeithmstormwater Projects\Harmony Oaks Mitigation Project\Construction Contract\Technical SpecificationsUvision 2\02239 - Wetland Mitigation Planting - Part 2.doc 7b'nNb'W S, 2/ 0103dSNl 70211N0O � 1N3W/a3S ONb' NO/S083 b'02107d � 3H1 JO 6610M1N0O N0I1V1N3WIa3S ' dNV NOIS0213 NOA S33I13b21d 1N3W39tJNVW 1S3833 V 2131dVHD � m8 XIdN3ddV � i 1 1 1 1 Florida Erosion and Sediment Control Inspector's Manual CHAPTER 4 t 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 4 . 06 SILT FENCE 21 ' 4 . 07 BRUSH BARRIER 31 ' 4 . 08 STORMDRAIN INLET PROTECTION 33 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 . 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 . A well-planned and well - maintained construction entrance with stabilized construction roads can prevent offsite 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 May to November with a dry season from November to 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 // 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 l// is the finished product and should perform as such . 4- 1 ' Florida Erosion and Sediment Control Inspector' s Manual Phase 1 ' 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 the designer and approved by the appropriate regulatory agency. ' Phase Ill ' 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 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 affect the quality of 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 machinery and equipment should 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 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 for trash 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 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 44 Chapter 4 : Best Mana ement Practices for Erosion and Sediment Control conveyance system . Special areas should be designated for washing 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 . 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 ' Florida Erosion and Sediment Control Inspector's Manual This page left intentionally blank. 4-6 Chapter 4 - Best Management Practices for Erosion and Sediment Control M 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 . 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 Apoffes Wherever traffic will be leaving a construction site and moving directly onto a public road or other paved area . Pfannfng 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 FDOT 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 beat least 6 inches ( 15 cm) thick. It must extend the full 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 - - E . EXIS / fir: /��_-1�-1 �-%`'�i];1.• . • .. :i:� .� FILTER FABRIC NOTES ,. _ A&S, STRAH BAdwES OVE I r i —� • � 1111111 � A5/FMGUIRWl - - , - - �► ot • FLOW `MIR 6 " THICK - Sic � ,. /�• • � .� , . . �/ -i. � . .�t• pir . �/��• � �� •��':J �'. fit• - � .� � . . � •✓,• � � - � •�� • l% c •1 � o - tr•�Tr - ..•- AI/ s , - � � z. • \'�i.�=Y�. ;', A. _�,� . • 1 •"-'� z✓ _� • 1 • �^+Ca_ • low i DIVERSION — Lu 501 MIR PLAN NOTESt1 , THE _ E CLEANEV _ BE MAINTAINED PRIOR TO ENTRANCE ONTO PMLIC RICTW�OF�YSIAY@ FLOY41N6 OF EDSIMENT ONTO - J5LI ( 0 ON AN _ __ ZEI CM14+1ED STONE OF404AYo THIS MAY RECUFM Top vRM551N&, THAT_ DRAINS INTO - I I SEDIMENT REPAIR AND/OR CLEANOUT OF ANY { USE / I TRAP 5wllcwo Chapter 4 - Best Management Practices for Erosion and Sediment Control r--.. I Y Ie - • I _' rab- AISI I I .:aresn & emu' i I 1 ..za r1 I I "nil,", I : -. I 1 tetulOHi ::npncaccc:. SIT' Sat I _ ......icn::C I i i l *re. 5(5 J. way be I SIMT• On:n 15 Ste. I'un Es.s I-leaf Dewed a Amnon I J7 5.a. Fun Wein 2 -nn, Dl tat fnpneer. I I t I I I I 1 • I .-erre._. I I . 1 1 1 1 1 1 1 r t . l 1 -- ..«;„..�:;.• • t* IN. _ \ r ` Swam # A I I Sas;wN /:I , A ......• _. • 1I O j 1 ? I Infra Lyra I 4 oder Om fa., I y I •• At iifMiJ:C I• t t ---- --\-t..741 �= . 1 1 F;Me/ /Wit •:e IoM• r r Yir. f' fear Tee IMN E/e.N.se a Tett D• I. SH. an Ism Iwrf TM tY..•I ft.rN;M. TRANSM N/ DETAIL T Wla +.ww n .•.r. 1 ( ;T rM. rSit. 1305 I • -----e- MI ?' WA. �— I �- flew ben it T t }� ' 1 Cs.pse.: a se;u ''` i?''' f.:.ein a !rest. . Swwsi. Pim SECTION A -A Ti at SHea;res A, Rep.+.ef see. 205 faun Df Ftp AM Poe. RURAL CONNECTION eat ACES* NOT TO SCALE PTAH . I. A Sen Trp7ny H-henei�l D.nae 1 STPD I 0.0 M amused N Al M MIM M M JOniaM.e pt. Mx r:OM N M ,ear MIKa a•n .Rn,Cns Miran aT M ao'M•w fee papa N Wen from M ifLTaM'tt N IOWA Me Ws. /Own M naietr . o yen Mnaw•CTd Rea 0f Mt new le mak .Wets ism affs:M reekysass. enMse /e It P 1D ant aeY,m MEM Oe elaenel. ran • Moat N M ask amt. Tn ffie from .n,wtlnd NMN M aU M floe n Md. Set AMY M Pan want .M tenet Wert MO%a+ note M ifria s Mau • ST% faer:en. fower N awe Minn sew MCMI ae Md a remits M 6..', oaf Meteo nal ao L TM an,. SW enehtt ee is. STPD ,ax own • QM Wean YM floss ave me STPD. - • JAZ sea ,. mom MOM me STPD aM fe se setam1 pit L Te Cselraafw ow 9'n.n ar eitwn I n ' 4' n Saar* WO* Rd Mc of sediment. The dernefiee mat toe r•eiewet end ). Menet LW .11sf on no ..p era Ma M n•taD•.art' same /y M &Meet Mier M in est. s'd.R.io Ott fYsy Mr mar AM rpair weNf N St•ert Mem Tm. L AM aweri•M s•nHe. ermo t. er Meow MMI walls rats f. The STPD spar M swn ;an In I orcr m• IMt tin Grow rr I iaakey IM STPD ecr eere ant MAN/W:M M/ SIM rifle M pathos As fr.aieA. TO /•tnn. •Intl. Maairy. Mr STPD ,Mn ally et S. 1ree.aey if pa Ikea* Im Mt [nfiar. M sleet t *Of 1 Mn in fats M ewe iatmWnes ere slant MeV A. AaPtMea MY be a seseram In Scalar SDI eseM.t✓y SU•LJ. • Mr nose. Aeftliwp/ .. ..# rs, of M reale as tet Ieas:M M Me Ammon ant MT Sin a4 Darr sloes C SM ue•aet.t STro IMF a nP.;rN M Oak fee an troaM. • St an faetefeee Maio ASS Meet an Mol••+ w we .aaar/aaM. S. 7Irl peke nMasl7tfwr any . a /JM.etlen asp M *Snso stir wait trsWN M EIMM.N. a•MMIales, rtrwaee N Noiarn !! emet. se resareeten N the an Wiliest fee Or MO. lelid q AA Are Mrfa a Meastien, In0M .. teensy P.pa I .n.a Ms MMI modem I. flint 5. Tee fet%M+Mr Pit Otla.At prelate e ~swim .Warr N 5S00 Wait fon it.,PP•M.. One Mtnal I Mcaaint esters Yr tele hsrMM•r N Mtn ow aM:n+7 M M Pln. MMjmlt:an a. OMM OlaeiYfc.t•n. eafa.t.. .ate msoloa.ta. Rase M STPD it inland lea weer ram* ne. M 10 Mrwy fd:wM, eeAWfa •e w7 Saes wilt ,Nliy Min na.it wml. ltlfas•fN. ..a.e•. tie:nT w lleanily If M STro IS' . 57 • AT Cr 57. 57 • 200 Cr en tetatahwnt. L N MYe mob. it fM1 Ar „a nen Warn. TY.. ae Sat rein. 1/.. seal M Date !w ,.fMet. S. A STPD Sao pit for weer me ;PIM Star r,eaMc Pnv.n les Plate 4.03b Soil Tracking Prevention Device ......4. ,..1/00a ” ' Mons.'Mt"' °t a Mf„, �"aSIkm •*AR+a eters. • 5211.4M STro may et .Yes. When • a•wre .rate Source: FDOT Roadway and Traffic Design Standards in sin M net. M Mt are.;:f nenoe t foe net soasnen, Plate 4 .03b Soil Tracking Prevention Device Source : FDOT Roadway and Traffic Design Standards 4- 9 • Florida Erosion and Sediment Control Inspector' s Manual Washing 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 ( 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 pFovide 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 . i 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 comers" where the gravel meets the roadway. Sweep the paved road daily for sediments and stones . /IR• NIM. �, I At M.w. • r.M.rrrwri r.�.r4�4rw RIR rra.l rIR • �""' RIR rIR rr NCIC.N ' Plate 4. 03c Construction Entrance with Wash Rack Source : 1983 Maryland Standards for Soil Erosion and Sediment Control ' 4= 10 Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 04 CONSTRUCTION ROAD STABILIZATION ( ES BMP I M ) 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 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 . 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- 11 ' Florida Erosion and Sediment Control Inspector's Manual 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 . 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 . 7 . A 6 inch ( 15 cm ) course of FDOT No . 1 aggregate shall be applied immediately after grading or the completion of utility instal lation _within the right-of-way. Filter fabric may be applied to the roadbed for additional stability according to the fabric manufacturer' s specifications . E 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 inches ( 15 cm) shall be applied immediately following grading . E- Vegetation All roadside ditches , cuts , fills and disturbed areas adjacent to parking areas and roads shall be stabilized with appropriate temporary or permanent vegetation according to the applicable vegetative practices contained in this handbook. Maintenance EBoth 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 . 1 E E 1 4= 12 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 . 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 . 5 . Under no circumstances should straw bale barriers be constructed in streams or in swales where there is a possibility of a washout. Planninq 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 . 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- 13 Florida Erosion and Sediment Control Inspector's Manual i 7 - — NOTE) SpoUlgs stare in ruts eros are eased an FLOW RATES ( CFS ) ganeroliZed Conditions and should be adjusted Very Ltgnl 45 eased an achol site pertaraenee or hydraulic LIyM > S a Yoderair > A 415 Meavy > 15 c u Very Meavy > 25 040 6 i LEGEND far SOILS i 1 Solis Cohesive Non - Cohesive � Firm Loan line SarW � Goy Sands Carse Send $ - Gays Grovels \ Hardpans Sandy Loom Sill Loom 1 \ ♦ t ♦♦ 1 >e 4 Q \\ guar in ♦♦ T �� Ya aleJtYO _ry% � ,QarY 2 s h� OetY I . 0 0 Consider Use ar . Temporary Sad 50 /tl0 /50 200 250 300 350 400 Spacing ( in Feet 1 CHART I. RECOMMENDED SPACING FOR TYPE I AND TYPE Z HAY BALE BARRIERS , AND TYPE IIT SILT FENCES i 1 Plate 4. 05a FDOT Standard Index 102 , Chart 1 Source : FDOT Erosion and Sediment Control Handbook 4- 14 Chapter 4 - Best Management Practices for Erosion and Sediment Control Staked and Entrenched Binding Wire Straw Bale or Twine Compacted Soil to Prevent Piping Ritered Runoff I Sediment Laden t Runoff l rt M; lill , lilt I V mow: 'i Properly Installed Straw Bale (Cross-Section) 1 . Excavate the Trench 2 Place and Slake Straw Bales Angle First Stake Toward Previously Laid Bale 40 Flow Bale � Width w � till .0 4. BacKfill and Compact the 3. Wedge Loose Straw Between Between Bales Excavated Soil Construction of Straw Bale Barrier Plate 4 .05b Construction of a Straw Bale Barrier Source : NRCS 4- 15 Florida Erosion and Sediment Control Inspector' s Manual BALES MUST BE TIGMTLY 1'x '2' STAID ABUTTING VrM �U GAPS VEDGE LASE STRAV BETVEENI BALES its _--III= 4 DOES HIN ., III . TVINE/VIIE L EXCAVATE THE TRENCH 2, PLACE AND STAKE STRAV BADS BAOIFILL MATERIAL . 0 IM' s Mal= - ''aGlslu—•� 3. BACKFILL AND COWACT EXCAVATED SOIL STAKEDAfm FJ�IiRENC' fD 50 LH / rx 2;'V® STPD T ) STRAV BALE WDE/VIRE CCWA1 ED * =L TCI PREVENT PIPM SOVENr LAIN R.M>:F ,1 MMED SEEPACE �ik�i II�.i�l ■ I , 4 IN PQAO ■CU III�U II a��huui . al I—IM V111IN, I * W .d I� 1� Iii I 1 1I 1 I 1�1 k ' 1n.:�• awkwa! ra IN�ES atro u.uaui*u.i�.u'�'�i��1Q, CROSS - SECTION OF A PROPERLY INSTALLED STRAW BALE 1 ' Plate 4.05c Installation of Straw Bales Source : HydroDynamics , Inc . 4- 16 Chapter 4 - Best Management Practices for Erosion and Sediment Control Design Criteria 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) 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- 17 Florida Erosion and Sediment Control Inspector' s Manual IMBED STRAW BALE 4' MIN. lei ` u INTO SOIL, SECTION A - A AN&LE STAKE TOWARD PREVIOUS BALE TO A /on PROVIDE TI&HT FIT 41 // / // j / \ 1 � A � � u u � SECTION B - B YV0OVEN STAKE OR REAR DRIVEN THROUGH HALE. 0 o o PLAN NOTES: I . THE STRAW BALES SHALL SE FLAaW ' ON SLOPE CONTOUR. 2. BALES TO BE PLACED IN A ROW AITH THE ENDS TI&HTLY A9UTTIN&, USE STRAW, ROCKS, ' Plate 4.054 Straw Bale Baffler OR FILTER FASRIC TO FILL &APS BETY'EEN THE SALES AND TAMP THE $ACKFILL MATERIAL TO Source: Erosion Draw PREVENT EROSION OR FLOW AROUND SALE-50 Plate 4 .05d Straw Bale Barrier Source : Erosion Draw 4- 18 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 . I 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 . 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 . II I II I I Ip I I I III = II I�� I I ul I III II I m li I m m iu alum I 1953 M1�r�DyoiMea Plate 4 . 05e Proper Placement of Straw Bales at the Toe of a Slope Source : HydroDynamics , Inc . 4- 19 ��j�'��//i�111��_:i�IS�lri 'ln: �1•�h� t \' ' • - - I t� T � 1 Points A Shouldbe Higher than Point PROPER . . . DRAINAGE Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 06 SILT FENCE ( ES BMP 1 . 06) Definition A temporary sediment barrier consisting of a filter fabric stretched across and attached to 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 1 . To intercept and detain small amounts of sediment from disturbed areas during construction operations . 2 . To decrease the velocity of sheet flows and low4o-moderate level channel flows . Conditions When Practice Applies 1 . Below disturbed areas where erosion would occur in the form of sheet and rill erosion . 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 m' / sec. ) . See Design Criteria for further clarification : Planning Considerations 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 . 4-21 Florida Erosion and Sediment Control Inspector's Manual ' 7 IIOTEz Spocings shown in this uwl are bused on FLOW RATES ( CFS ) generalized corMtliow and should be adjusted Very Light 5 Nosed an actual site perloramnee or hydroulk cwrputallons. Light > 5 10 Moderate a 10 415 Newy a 15 < 25 ' Very Newt > 25 w 40 6 i LEGEND Flow SOILS 1 Solls 1 Cohesive Non - cohesive 1 \ Firm Loam Fine Sand � Cloy Sanas Cares Sand 1 $ Clays Grovels 1 \ Naraoans Sandy Loon 1 \% Silt Loom 1 SSI ee 4 o \\ 1 3 oq•L ail • •c °yt•ayO •cf.��e Cq,�arys ' 2 Iva _—_ — Consider Use or TeeFda7 Sod 50 Jim 150 200 250 300 350 400 1 Spacing ( In Feet ) CHART I RECOMMENDED SPACING FOR TYPE I AND TYPE Z HAY BALE BARRIERS, AND TYPE X SILT FENCES r t Plate 4 .06a FDOT Standard Index 102 , Chart 1 Source: FDOT Roadway and Traffic Design Standards 4=22 Chapter 4 - Best Management Practices for Erosion and Sediment Control Silt fences composed of a wire support fence and an attached synthetic filter fabric slow the flow rate significantly but have a higher filtering efficiency than burlap . Both woven and non -woven synthetic fabrics are commercially available . The woven fabrics generally display higher strength than the non-woven fabrics . When tested under acid and alkaline water conditions , most of the woven fabrics increase in strength . There are a variety of reactions among the non -woven fabrics . The same is true of testing under extensive ultraviolet radiation . Permeability rates vary regardless of fabric type . While all of the fabrics demonstrate very high filtering efficiencies for sandy sediments , there is considerable variation among both woven and non -woven fabrics when filtering the finer silt and clay particles . Desictn Criteria 1 . No formal design is required for many small projects and for minor_ and incidental applications . For channel flow aplications refer to FDOT Standard Index 102 , Chart 1 ( Plate 4 . 06a) for guidance on recommended spacing . 2. Filter barriers shall have an expected usable life of 3 months . They are applicable in ditch lines , around drop inlets , and at temporary locations where continuous construction changes the earth contour and runoff characteristics and where low or moderate flows (not exceeding 1 cfs) (0 . 03 M3 / sec . ) are expected . 3 . Silt fences , because they have much lower permeability than burlap filter barriers , have their applicability limited to situations in which only sheet or overland flows are expected . They normally cannot filter the volumes of water generated by channel flows , and many fabrics do not have sufficient structural strength to support the weight of water ponded behind the fence line . Their expected usable life is 6 months . Construction Specifications Materials 1 . Synthetic filter fabric shall be a pervious sheet of propylene , nylon , polyester, or polyethylene yam . Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 ° F to 120 ° F (- 17C to 49C) . 2 . Burlap shall be 10 ounces per square yard (340 g/m2) fabric . 3 . Posts for silt fences shall be either 4 inch ( 10 cm) diameter wood , or 1 . 33 pounds per linear foot (2 kg/m) steel with a minimum length of 5 feet ( 1 . 5 m) . Steel posts shall have projections for fastening wire to them . 4 . Stakes for filter barriers shall be 1 " x 2 " (2 . 5 x 5 cm) wood (preferred) , or equivalent metal with a minimum length of 3 feet (90 cm) . 4-23 1 , Set Stakes 2. Excavate a 40 x 4" Trench Upsiope Along the Line of Stakes hi i i • + '� I�I� � I 16 1 . 0 011000 Jill 000 Row Ila - 3. = a- = = • ' ► Staple Filter MaterialStakes and Extend it into the Trench • 1 •\,t �t \`1�` : � � •;.. ;\ . f�. S � _• �t; .� ::! 1 •x,1 iMAP ,dll � t"= 0000 uill ►�= Row =uttu� Ila lot , Sheet Flow Installation (Perspective View) tt a u Points A Should be Higher than Point B Drainageway Installation Chapter 4 -- Best Management Practices for Erosion and Sediment Control 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 ) . _ 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) . 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 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 designed for situations in which only sheet or overland flows are expected . (See Plate 4 . 06d) 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. 4-25 ' Florida Erosion and Sediment Control Inspector's Manual ' Staked and Trenched - I 5itf Fence Wire Retnforced 5fa "d and Trenched Sitf Fence Surface R vff 4"Tyr. 1 n AO 4 Tqv. 1 DOUBLE Row SMKEV SILT FENCE uTs Plate 4.06c Double Row Staked Silt Fence ' Source: Reedy Creek Improvement District 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 P ' 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 . ' 4-26 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 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 . 06g) 9 . The trench shall be backfilled and the soil compacted over the filter fabric . low 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 , silt fences should be placed away from the toe of the slope for increased holding capacity . (See Plate 4 . 060 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 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 immediately. 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. 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. 4-27 a- a- . 1: - _. � 1 - - . ... w -=_ ■r ■ MOVIE , - - a �� • M � I � I i '• • M � 1 ■ • 'M 41 It ta i ■ \I + >'. . a \ • 1 - a ' • • . - • • - • • / Chapter 4 Best Management Practices for • • . • Sediment EXTRA BTREN&TH FILTER FAaRice STEEL rrrrrirrirr ' i r'r• rr•r Irrr r•r rr � a•r r • •r•�• �••�•r•r�rrr�n ' � :ur� I� j•Irrj111/�rrr:�,•1••�rr jrrr � • r��• OR 11 /' Ilrlt//1 rrr•prl••. Qi/d�rrrpr ;,•• / POST II/I/ Ili I �j%l� � {iii/�jjil�jrrr%%Irji•ji•�i�••�• I ' , _ : : : PP t1111i1.1•�It1l�rrr�1/�;.•• 11 II/Ii 1111 111 ill p U // Ir1 /1 .. 1 111 ill r11 111 A / 1 A ' 1 X1111/ II;IIIIIl�j/11111111t1i//111j1111' �jt• I�j11��ir •� 000011 • 1111� 11 �111�jf11lii jllll,jjil'�jl'�jj11 . -PP j,� � �, u�rr•rr• 00000 JI'�j1111P �j111lltljjlllpl�j/1. ',p•rr • � i;1111ijjlllll�lllllj/ IItj1111�i111•r 10 FT MAX SPACN& MM4 111111111111111111i ''IIIII//r II/111711p��ir111 , : � 111�j111111 X11 r PONDPONDIN& HTv - O . STEEL. OR FILTER FABRIC I . . POST ATTACH SE<AMMLY 36a HI &H MAXon- TO LFSTREAM 51DE Of POSTO RINOFF I — MA II- - • . . . . STORA&E HT, 120 HIM. i �4; `ice �� -` _ �ACTEPi/moi i�0i�� - AVEI STANDARD DETAIL ALTERNATE DETAIL KTH &RAVEL I * INSPECT 1. REPAIR FENCE AFTER STORM D REMOVE cE • a. SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT KLL NOT . - - Ia/ PLACED:1, SILT FENCE SHALL BE ON / CONTOURS TO MAXIMIZE PONDPONDIN& WTI CIEW.Y. + Plate 4. 06e Silt Fence • Erosion Draw . • ' Florida Erosion and Sediment Control Inspector's Manual 4 . Any sediment deposits remaining in place after the silt fence or filter barrier is no tlonger required shall be dressed to conform with the existing grade , prepared , and seeded . I � I = ' I 1 Plate 4.06f Proper Placement of a Silt Fence at the Toe of a Slope Source : HydroDynamics , Inc ' Place the end post of the second fence inside the end post ! of the first fence Rotate both post at least 180 degrees in a clockwise direction to create a tight seal with ' the fabric material Direction of Runoff Waters Drive both post about ' r 10 inches into the ground and bury flap Plate 4. 06g Attaching Two Silt Fences Source : HydroDynamics , lnc . 4=30 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 To intercept and retain sediment from disturbed areas of limited extent , preventing sediment from leaving the site . Conditions Where Practice Applies Below disturbed areas subject to sheet and rill erosion , where enough residue material is available for construction of such a barrier. Plannin4 Considerations " 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 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 brush barriers are fairly stable and composed of natural materials , maintenance requirements are small . 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 . 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 be spliced together with a minimum 6 inch ( 15 cm ) overlap and securely sealed . 4- 31 • • . _ s 1 " • 1i � •ai 1 Ali o m so so 0 of of 0 am Ap, Ali ��.,:• . e • 1 r . 3?\ ♦ le.im d .-1 t . ISI n 1111. tl 11- it 11- 1 il— — Ikk MOMMMMM _ d=II-1:�II II . . 11=11i �ii= —11= =11=11= =11=11=11=11• 1 • • • : : . Ali • — • io, . • Chapter 4 : Best Management Practices for Erosion and Sediment Control 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 I nlet . Purpose To prevent sediment from entering storm water conveyance systems prior to permanent 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 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- 33 Florida Erosion and Sediment Control Inspector' s Manual 4 . Design criteria more specific to each particular inlet protection device will be found on Plates 4 . 08a - h . 1 1 1 1 Drop Inlet with Grate 1 Compacted Soil Staked to Prevent Piping Straw Bale 1 a Runoff Wate Filtered o • c ®r. with Sed imen Water a . 12 • - — GOP • Pa 1 Straw Bales Staked with Z 1 Stakes Per Bale Specific Aeplica_tio_n 1 This method of inlet protection is applicable where the inlet drains a relatively flat area ( slopes no greater than 5 percent ) where sheet or overland flows ( not exceeding 0 . 5 cfs ) are typical .1 The- method shall not apply to inletx receiving concentrated flows , such as in street or highway medians . 1 1 1 1 1 Plate 4 .08a Straw Bale Drop Inlet Sediment Filter Source : Michigan Soil Erosion and- Sedimentation Control Guidebook 1 4= 34 STRAW BALES ARE TO BE IN THE SOIL, TIGHTLY , ABUTTING ENTIREGAPS , STAKED AND BACKFILLED AROUND THE - OUTSIDE - - - !� 1 AREA ' IN LET WITH GRATE OVERFLM , I1x N \'�►�� FILTERM ,- FILTERSSECTION AA NOTE, STRAW BALE ADJACENT AREA )Woo STAKES METAL FZ5AR* Wad STRAH . BALES OfTSET CORNERS AS 5HONK A — I DRAIN :pcgo BACKFILL LESS THAN SLOPE PLAN VIEW STRAM PONVIN& HEI&4T — SALES AVEL 13 � � I f u . r r . Lrrrr . cri /fie, � /� EM- I 5TRAH INLET 13 INTO SECTION AwmA NOTES" g�AftRie" ARE TO S. THE Top- Op TM STRIr�7LVM 0ONbIN6 Ml&mrr) : IV DROP KST Be Vp IDE LISM FOR SMALL, NEARLY LEVEL DRAINA&E VVLL EMLOpi TM op4L*V ELEVATION -i 2. 1. I THE _ _r SOIL 11 - AN r1 OFFSET - _ - -I - I - _ I IKE I I I r... I - _ 6KAVEL -_ t Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 . Bales shall be placed lengthwise in a single row surrounding the inlet , with the ends of adjacent bales pressed together . (See Plate 4 . 08a) s . 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) 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 . Loose straw should be wedged between bales to prevent water from entering between bales . n . 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 . 4- 37 no aura in • .-. DRAIN PLAN VIEW ATTACH FILTER FABRIC SECURILr TO 2X4 ( II ' IIIIII ( IIIIIIIII , . . . FABRIC TO NEXT STAKE P(:*Dlm& HT* 2x4 P400P FRAME L 4 SIDES OF P,I, 120 MIN � CDROP INLETi , SECTION NOTESt 1, 12ROP INLET 5WIt#WNT BARRIERS ARE TO BE 4. THE TOP OF THE FRAME a. FOR 5MALLg NEARLY LEVEL PRAINA6E MUST BE BELOH THE &ROUND pomSLOM TO PREVENT RUNOFF FROM symn 2. USBE 2X4 140012 OR WUPVALENT METAL Kr FASSINS THE INLET@ A TEMPORARY M PTO HK LmN&TH) BE NECESSARY ON THE . . 9, INSTALL 2x4 . . . - • • i FRAmE DROP WITH GRATE 1150 MAX. WOO 3f MIN. CORNERSGATHER EXCESS AT Perspective Views STAKE FABRIC 10 Him= o _ 1 Elevation . Fabric Orientaion Detail A S12ecific Application methodThis of inlet protection is applicable where the inlet drains greater than 5%) where the inlet shoat or overland flows (not exceeding 1 c.f.s.) are typical . - method medians* shall notapply to inlets receiving concentrated flows, such as in street or highway Florida Erosion and Sediment Control Inspector' s Manual Gravel and wire mesh drop inlet sediment filter 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 . ' 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 . i ' 1 r MIN . GRAVEL* ( 12" MIN . DEPTH ) RUNOFF WATER WITH SEDIMENT � , y •. n _ AV. b_,. II III WIRE MESH ' SEDIMENT FILTERED WATER ' sGoecific oolication This method of inlet protection is *applicable where heavy concentrated flows are expected, but not where ponding around the structure might cause excessive inconvienee or damage to adjacent structures and unprotected areas. Gravel Shall be VDOT #3 , #357, or #5 Coarse Aggregate. Plate 4 .08f Gravel and Wire Mesh Drop Inlet Sediment Filter Source : Virginia DSWC ' 4=40 Chapter 4 - Best Management Practices for Erosion and Sediment Control Block and gravel drop inlet sediment filter 1 . Place concrete blocks lengthwise on their sides in a single row around the f 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 ( 10 , 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 . 08g ) 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 ) 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 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. 441 DRAIN C-PRATE ;.Sop moo • • • c . _ . a = • • . - 00 a CONCREirm - • ao . - • 111111 - • - .. Illill • _ . � : � � .SOS • . C' p (3140 MIN) So A PLAN VIEW CONCRETE BLOCK HIRE -aaa OR FILTER FABRIC - • V DROP INLET ✓/✓/fes�///✓/-/✓/-�-// /j�� ♦ ♦ O� �O�♦` 0.01♦�♦- SECTION • RUCTL*M (10014VING HEIOHM) I , PRop immT smMENT BARRIERS ARE TO MUST BE HELL BELOyq TIME &ROUND ELEVATION Ee LiSW f:oR SMALL, NEAftLY LEVEL DRAINA&E vOmSLOm To FRZVENT RUNOFF AREAS, (LESS THAN 5%) PAssiNis THE iNLr=T. A TEMPORARY PIKE MAY 2 . EXCAVATE A BASIN OF 96FFICIENT SIZE _ NECESSARY ON THE VONNSLOPE ADJACENSIS TO PROF INLr:T. J - Chapter Best Managementfor • • and Sediment • • CONCRETEWIRE SCREEN • GRAVEL7 FILTER WIRE SCREEN FILTERED WATER i 1��i��'��TLr�1 �♦1��,�♦��11►f i :�t�ltri��'��`r�1��fir)►�i�T`r.�, OVERFLOW 4000 RUNOFF * 080 WATER WITH IJP SEDIMENT WITH GRATE SEDIMENT 7T s�� llll �illlil - � J - . . Specific . n This method of inlet protection is applicable where heavy flows are expected and where an overflow capacity necessary . prevent excessive ponding Gravel Shall be • • Aggregate, Plate 4 . 08h Block and Gravel Drop Inlet Sediment .. .: . . - 3/4elVCH MVETER3 PLACED TO PL*. GRAVEL abfiGS =4 - ■ - a ■ '.. - I - 771 a" ♦ A Ile Ile .0 77 I ♦ MCA p IET VnH r = n . - I : n r ` q - •7. Q I • a . -.. . 0 U40-ES -a ■ •■ . . I • a ■ ■ �. . a I c IF A Tn a LAyV OF GRAvEL I a n W UM TIIE • DOGS • STAIM 2 HW • a- r • : n WE SMIN PREVENT ■ a a IF 13RAVEL GtAva, FILTER MM ro*m HE I 1E AVER - :� —mom w - IFILITERED p a ITER � ` WATER ■r- ^qE EVIDENT SIDE VIEW CROSSeleSECTION AA CONCRETE BLOCK * GRAVEL MAY BE USED ON PAVEMENT Chapter 4 - Best Manaciement Practices for Erosion and Sediment Control Prefabricated drop inlet external filter ( Suntree Isles Grate Inlet Protector) 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 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. MOT No . 1 Coarse Aggregate shall be used . 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 . MOT No . 1 Coarse Aggregate shall be piled against the wire to the top of the barrier. 445 \ 1 low am, 40 Immmoom 4016 ON mm-012-0 A groom I FOUR . • . . D . ECH SIDE OF • - • - RUNOFFa — IMEM WATM aDIMa go IV Ae SPECIFIC APLUCATION THIS i=n-ir. n -- is = - 11 = 11 . 11 .1 . 11 : 11 = 11 METHOD OF INLET PROTECTION PROTECTOF PERMANENT SEEDING , TO • . Chapter 4 - Best Management Practices for Erosion and Sediment Control � _ h � r GRAVEL FILTER 2- RUNOFF WATER WIRE MESH FILTERED WATER No me rF gel SEDIMENT SII Il D is°., CONCRETE GUTTER 1 2" CURB INLET Specific Application This method of inlet protection is applicable at curb inlets where ponding in front of the structure is not likely to cause inconvenience or damage to adjacent structures and unprotected ares. Gravel Shall be VDOT #3 , #357, or #5 Coarse Aggregate, Plate 4. 08k Gravel Curb Inlet Sediment Filter Source : Virginia DSWC 447 ' Florida Erosion and Sediment Control Inspector's Manual GRAVEL 6' MAXIMUM SPACING OF 2' X4' SPACERS ' Y X 47 ANCHORS ' EMERGENCY OVERFLOW r Perspective View Z X 4' WEIR z• X 4- SPAC03 SAND SAO OR 2' MINIMUM LENGTH ALTERNATE WEIGHT OF 2' X 4' ' . 29X4" WEIR A0 GRAVEL Side Elevation Z X 4' SPACER WIRE MESH ' . . � : i• INLET SPECIFIC APPLICATION TO PIPE THIS METHOD OF INLET PROTECTION IS APPUCABLE TO CURB INLETS WHERE A STURDY, COMPACT INSTALLATION IS DESIRED . EMERGENCY OVERFLOW CAPABILITIES ARE ' MINIMAL. SO EXPECT SIGNIFICANT PONDING WITH THIS MEASURE, GRAVEL SHALL HE VDOT COARSE AGGREGATE #130 . #357 OR J5 ' Plate 4. 08L Gravel Curb Inlet Sediment Filter with Overflow Weir Source : Maryland Standards and Specifications for Soil Erosion and Sediment Control ' 448 i I now 11, 4 M 1 \, . . . a AM 40 An zMP � — ME fir_ -�•; ..,.,.,.., � _ i • . — — — i . . • . oldi • � s • LDVE mrRoammy A To _ INCHES as [RAVEL a I a ■ ■ • • . (RAVEL r nu an ■ VsLET 3/4�VCH DLRIE� PLACED TO = TO PREVENT MOVDIENT CF (RAVEL BAG A ■ MAVE A TXHTm • C" CWrACT VM ■ A GAPS APPR30%TELY • i nuiMET :�I.•W{ YQ I�ZI�IQ��i� - . PLACE GRAVEL • u MD a 7 . ■ ar n • THAT tc GWS ARE EVIDD4 3/4=PCH MAVIEL CD4TAINED IN -C&= BLRLAP n CIR MTHEM PET SAM 1 - I • MESK AMPROWATELY 24 DOM Arm MRS HEDM r ■ ■ Ir t VIRE ■ a- ■ M PAVEMENT RLH7F MLI PAVEMENT ar OF (RAVEL FILTER SAM SHCLILD PLAM GRAVEL ER NOT BE ASM • • THAT PC FLMMM RINCFF C24CRETE WALK CAPS AM EVnEY ■ SECTIDN • • CONCRETE BLOCK FILTER GRAVEL FILTER • GRAVELAGS FILTERS • BE USED ON PAVEMENT OR i • GROUND Chapter 4 - Best Management Practices for Erosion and Sediment Control 6o 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 . 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 manner which provides maximum support. 3 . When stacking several bags high , leave a one bag gap to provide an overflow spillway. (See Plate 4 . 08q) 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 . 4-51 ARE STACKED TICm*My* CATCH SA51H (000� DACK OF CUR5 PLAN VIEW CARS INLET FO ALK CATCH DASINMWIMVW SAME" . . J -a.. ORE - FOND W ." SEDiMEW TO J • - 20 . 3 or - VEN • MTH &MAVELs LAYMRJM AND aI P ROH o LEAVE O4 1. - - To PROVIDE 4& IW5rEadT DAMERS 1 • REMOVE 5WIMENT APTEREAwraHI . SWIMENT II M PR47H THE TItAvmw MY IH?wWIAMar, I Woo• Chapter 4 - Best Management Practices for Erosion and Sediment Control RwI TVD DR NX SETS CF BAGS D4 A MMAER 7FWT RESLLTS IN MA)QfiH SUITOU. 7}f n0V LM BAG MM PDT DEM Tt•� IO`W [Fo� INLET SIDEWALK O V4 7 SEDIMENT Am11llATED LADEN samuff TIFAM OVERFLEW FLOWS CURB SEDIMENT TRAP HydroDynnrucs Incorporated 14D4 E Plum D" V=6 am IM PZ Doi =7 FAX ambtlW 1001I co awls i SPACING BETWEEN GRAVEL BAG CURB FILTERS F E E i000 T fit IB B T loo E E N I i B 10 A R 1 . R E R 001% 1% 10% S STREET SLOPE Plate 4. 08p Gravel Bag Curb Sediment Filters Source : HydroDynamics , Inc . 4-53 Florida Erosion and Sediment Control Inspector' s Manual BACK OF SIDEWALK ' BURLAP SACKS TO CATCH BASIN OVERLAP ONTO CURB. CURB INLET ' BACK OF CURB RUNOFF RUNOFF _ 5 ILLWAY &RAVEL FILLED SANDBAGS STACKED TIGHTLY. PLAN VIEW NOTES: ' I . PL.AGE CURB TYPE SEDIMENT SARRIE tS ON &?.NTLY SLOPING STREET SEGMENTS, WATER CAN FOND AND ALLOW SEDIMENT TO SEPARATE FROM RUNOFF. 2 , SANDBAGS OF EITHER BURLAP OR WOVEN '6EOTE)CTILE' FABRIC , ARE FILLED WITH 6RAVEL LAYERED AND PACKED TIGHTLY. 3 , LEAVE A ONE SANDBAG GAP IN THE TOP ROW ' TO PROVIDE A 5PILLMAY FOR OVERFLOW. 4. INSPECT 5ARRIER5 AND REMOVE SEDIMENT AFTER EACH STORM EVENT. SEDIMENT AND ' &RAVEL MUST BE REMOVED FROM THE TRAVELED WAY IMMEDIATELY . r Plate 4 .08q Curb and Gutter Sediment Barrier ' Source : Erosion Draw ' 4-54 Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 15 TEMPORARY DIVERSION DIKE ( ES BMP 1 A 5 ) Definition A temporary ridge of compacted soil located at the top or base of a sloping disturbed area . 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 . PlannIg 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) . 4= 55 ' Florida Erosion and Sediment Control Inspector's Manual 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 ' 3 : 1 or flatter. Grade The channel behind the dike shall have a positive grade to a stabilized outlet . If the 1 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 ) . � . Outlet ' 1 . The diverted runoff, if free of sediment , must be released through a stabilized outlet or channel . ' 2 . SedimenMaden 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 days of construction . ' 4 . The dike should be located to minimize damages by construction operations and traffic . ' 4-56 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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. Compacted Soil ::: . met 10 & � ; 0� � ; �: � : f;s 4 l ; , :is 18' Min. ` • ' ' ' ' ' • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' " ' ' ' SILI • ' - ` ' ' ° ' ' ' ' ' ' ' ' ' ' ° ' ' ' ` " ` ' ' ' ' ' ' ' ' ' ' � " ' ' � ' ' ' t•-- Flow U Will I LNIIII I W0111 I L I I 4. 5' Min. Plate 4 . 15a Temporary Diversion Dike Source : Virginia DSWC 4-57 tFlorida Erosion and Sediment Control Inspector' s Manual This page left intentionally blank ' 4=58 Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 16 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 . fil.l 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 . 4- 59 tFlorida Erosion and Sediment Control Inspector' s Manual I �a 1 1 1 FII Slope 1 Earthen Ridge i I ~ I IIIIII IIIIILIlIIIIIII IIIIIER it II IIIlI I i 111111111 IIIII IIIII �IIiill � 1 I I IIIIiI - IIIIi � illll � lllil IIiII �IIIIiI �IilLll �liill) 1 2' 1 1 1 1 1 i 1 Plate 4 . 16a Temporary Fill Diversion Source : Virginia DSWC ' 4=60 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 contractor will 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) . Height The minimum height of the supporting ridge shall be 9 inches (23 cm) . (See Plate 4 . 16a) . Grade The channel shall have a positive grade to a stabilized outlet. Outlet The diverted runoff should be released through a stabilized outlet, slope drain or sediment trapping measure . 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) . 3 . The supporting ridge of the lower ' side shall be constructed with a uniform height along its entire length . 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 . 4-61 ' Florida Erosion and Sediment Control Inspector' s Manual This page left intentionally blank F 4=62 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 : 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) Side Slopes 3 : 1 or flatter to allow the passage of construction traffic . 4- 63 Florida Erosion and Sediment Control Inspector's Manual Width The measure should be constructed completely across the disturbed portion of the P Y right" of-way. ' FDOT # 1 Age Min. Coarse Aggregate ' Minimum Typical Gravel Structure Compacted Soil tt y„riiL::: .:''w.ui r yarn: uri:.!,.,:K�TYj;uiR:y.:. ..tiM•� .n.ww:Va�:'xir:. Min MinilmuR' Typical Earthen Structure ' Plate 4 . 17a Temporary Right- of-way Diversions Source : Virginia DSWC ' 4-64 Chapter 4 - Best Manaqement Practices for Erosion and Sediment Control 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 Positive drainage , with less than 2 % slope , should be provided to a stabilized outlet or sediment trapping facility. Outlet 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 through a 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 . 41 Earthen diversions which will not be subject to construction traffic should be stabilized in accordance with TEMPORARY SEEDING - Section 6 . 65 ( ES BMP 1 . 65 ) . Maintenance The practice shall be inspected after every rainfall and repairs made if necessary . 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. 4- 65 ' Florida Erosion and Sediment Control Inspector' s Manual m rL .r4 xie 15 pT 25 TO 60 PT DE - it o r ' ,� ROLLING DIP STABILIZED OUTLET 4&1 .� Cz - .,i Oct VieD oro� E 200 � o STABILIZED OUTLET WATERBAR Z: 1 SIDE SLOPES OR PLATTER. 5: 1 MAX FOR VEHICLE GROSSING 9 I � Ib* MIN SECTION Plate 4 . 17b Rolling Dip and Water Bar Source : Erosion Draw 4-66 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 Apolies 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 . 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) . 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. 4- 67 ' Florida Erosion and Sediment Control Inspector' s Manual Excavate, if Necessary, for Storage Flow Dike . .41 ;o' , c _egr• • ; , - i� . . ;.. %. , , F(ow �Flow I .r . `.�► • . . . � y, •. . • : '"yam . • • . '. fy • � •jam : •• •• �," ' •• Earth • :�. ter: r. ,•� -.- ,: .,; • ♦ : .� Embankment -. . : . Flow 4' Top Width ��`•' . ,. ' i ' •, `'� .r ' �� 21 Slopes . :�• r I Dike If Required to Divert Water to Trap ' 2A or Flatter \ j *' � . Width (ft- ) _ ' 6 x Drainage Area (Ac. ) Section A,,A Outlet Section ' Excavated Earth Outlet Sediment Trap Embankment Earth Outlet Sediment Trap Construction Specifications 1 - Area under embankment shall be cleared, grubbed and stripped of any vegetation and root mat. The pool area shall 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, organic material, or other objectionable material. The embankment shall be compacted by traversing with equipment while it is being constructed. 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 manner that it will not erode. 4. The structure shall be Inspected after each rain and repairs made as needed. 5- Construction operations shall be carried out in such a manner that erosion and water pollution are minimized. ' 69 Tile 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 or flatter. Be Outlet crest elevation shall be at least one foot below the top of the embankment. Plate 4 .25a Earth Outlet Sediment Trap Source : NRCS ' 4-68 Chapter 4 - Best Management Practices for Erosion and Sediment Control Design Criteria Trap Capacitv 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 . ' A = the surface area of the flood area at the crest of the outlet, in ft . ' 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. 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 2 . 0 1 . 0 2 . 0 2 . 5 1 . 5 2 . 5 3 . 0 2 . 0 2 . 5 3 . 5 2 . 5 3 . 0 4 . 0 3 . 0 3 . 0 4 . 5 3 . 5 4 . 0 5 . 0 4 . 0 4 . 5 4-69 ' Florida Erosion and Sediment Control Inspector' s Manual : Excavate, if Necessary, for Storage 000 00 ., Flow PAO MV fto me, . . momoma 4 .00 mm 0. Ola mmom Immo.,t loft mm w - amm Earth Embankment * 'd' � '' ti ' �"''� `v � /f ' Outlet Protection 4' All Slopes 2: 1 or Flatter Jaw � % : 1 '-fi' Min. � . 5' Max. • ` .. •_� Perforated Riser ramr" ' Welded All Around Embankment SectionThru Riser ' Construction Specifications 1 . Area under embankment shall be cleared, grubbed and stripped of any vegetation and root mat The pool area shall 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 , organic material, or other objectionable material. The embankment shall be compacted by traversing with equipment while it is being constructed 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 manner that it will not erode. 4. The structure shall be Inspected after each rain and repairs made as needed. 5. Construction operations shall be carried out in such a manner that erosion and water pollution are minimized. 6. Tile 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 or flatter. ' 8. All pipe connections shall be watertight 9. At least the top 2/3 of the riser shall be perforated with 1 /24nch diameter holes spaced 8 inches vertically and 10 - 12 inches horizontally. ' 10 . FII matertail around pipe spillway shall be hand compacted in 44nch layers. A minimum of two feet of hand-compacted backfill shall be placed over the pipe spillway before crossing it with construction equip- ment. Plate 4 .25b Pipe Outlet Sediment Trap Source : NRCS 4-70 Chapter Best Manaqementfor • • and Sediment • • 1 VARIABLE '" ORICIIII GROUND id.� ter. /��_•.� 67 CU* YD./ACFZE 67 CU* YD*/ACRE (EXCAVAT > . AGGREGATE ' GROUND ELI COARSE RIPPAP of Outlet CLASS - LENGTH (IN FEET) X DRAINAGE AREA - J � . DMERSION DIKE r - . tom �jI �lv COARSE OCCAVATED FILTER AREA /1000 Abjbjp COARSE AGGREGATE SHALL BE FDOT . Outlet PlateStone • • no FILTER FABRIC# (OPTIONAL) 10 • C �L"y � 6 Swll* i OMAGE SECTIONv SALE 40 Mft MrO SOIL, STRAA SALES mi AL IL ROCK SPI PLAN • .moi. �`' -. � � _ �• _ HOOVEN STAKE . - - MAR 17RIVEN TOE OF SA POINT V THROU&H SALE.POINTW � ` itl��lt �l \�� 11 JCZY - SAW AT BOTH ENDS OF BARICER. VIEW LOOKING 2* EMBED THE SALE 44 INTO THE 501L AND OKEY6 THE END 5ALMS INTO THE C4tANNEL So SALES E . IN A ROND. ABUTTING.TISHTLY - - • OR FILTER - - - - SETYCEN BALM i. TAMP 5A4KFlLL MATERIALS - -t EROSION OR . - . UN . THE POINTBE - THAN POINT - 5, SPILLHAY SHALL NOT EE • 2440 Chapter 4 - Best Management Practices for Erosion and Sediment Control Outlet 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 thesarne� 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 embankment. 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 ) . 4-73 ' Florida Erosion and Sediment Control Inspector' s Manual 4 , A Storm Inlet Sediment Trap consists of a basin formed by excavation or natural ' ground that discharges through an opening in a storm drain inlet structure . This 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 ' 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 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 . 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 shall 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 . ' 2 . The structureregularly should be checked re ularl 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. ' 4-74 FLOW • • LOW SED . DEN RUNOFF AS DEPTH BELOW TOP OF 94LET: = r r. ei MiNe I MAX 2* :l Ir11�1�-i1=�1: .11=11=11 �l. l 11- -11=1i=a= 11=11:11 f j f fip �` 11 MAX. OPE 2wo STORM WATER WrTH LARGER PARTICLES LARGER PARnCLES 11--11=11 11. 11:t1�11 -11 WEEP SETTLE OUT • a • - =11= II - HOLES II-11. 1-11DEWA7ERINC 1.11.11 r DRAIN INLLU :II:�I. �• .il . .=11:11: 11 = SPECIFIC APPLICATION THIS : 11=11=�I=11=11=11= 11 =11 =11=11: METHOD OF INLET PROTECTION ARE EXPECTED AND WHERE AN OVERFLow CAPABILITY AND EASE OF MAINTENANCE ARE DESIRASLEw • Florida Erosion and Sediment Control Inspector' s Manual Block Inlet with Plywood and Sandbags, as Necessary, to Prevent Water from Entering ? Flow to Flow . Flow . �<� ":f : < we 441:40 o % % VP >,M: AN ' I Kxlr�,�Ir lot Lq�Z�N to 0 ' = oft ot to\ Flows. - i ' Flow - too, too, o4t took, _�* I N1. 0000Moo jo� too, �% `jtoko ,='•,%t�� A0 to 'oo Remove Bricks or �, 1 ; Blocks for Outlet s Trap may bePlacedBehind As Requiredor at End of Inlet 2:1 or Flatter - 21 or Flatter _- - 11Min., �'� iT I1 ' Min ,l:E' � .... � �'iitir'•.rii`' ;ss.�iti�. --71_7rriT�`+•�r� ' Cross-Section Section A-A Curb Drain ' Yard Drain NOTE: Whore curb is in place, provide a 1 foot wide opening in the curb or use a sandbag dam to force water over the curb to the trap. ' Construction Specifications 1 . 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 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 water pollution shall be minimized. 4. The sediment trap shall be removed and area stabilized when the remaining drainage area has been ' properly stabilized, 5. All cut and fill slopes shall be 2:1 or flatter. ' Plate 4 .25f Storm Inlet Sediment Trap Source : NRCS t 4-76 1 i - • ' - - • • • • - • • • CRAVEL FILTER SWZ STAMM AT LEAST Two LAYERs I C ■ NO GOPS Ai;E 17 wTwEEN rtE7 it ' tlt C.■ • ■ - ■ N •a n ■ u 11=91 Ill Ill ul CLLVm DC a1 AFEA ■ ' •7111 a t ■ Iti SIDE VIEW FRONT VIEW • LEAVE A r • m2aim GAP as PIPE NO BAGS EXAVATO AREA ■ - SED0,07 RAM A MN3.E R13W OF C[RAVEL FILTER e �S''�T!w dff *77 Sol CR= ;m OVER FRONT VIE I ?Foc:fS dv� t - I C • 7 w ( ALTERNATIVE ) TOP VIEW EACH BAG IS TO CONSIST 11 M DIAMETER GRAVEL CONTAINED PERvious ; • - BAGS OR SYNTFE71C NET BAGS U&NCH MESH) AND BE APPRO)QMATELY 24 INCFES LON(! 12 INCHES VIDE AND 6 INCFES HIGH . SEDIMENT TRAP GUIDELINES VIFT) 12.0 2.5 2.5 3.0 3.0 .4.0 4.5 EMAWI�Nr SIZX SLOPES PAC N13T TO BE OPEN PEW014ZATED -ISM PIPE EINE TO C . . - LOCATED AT LEAST 05 FEET BELM THE SPILLWAY I . SlPILLVAY DESIGCD 10�YR 24-HR PEAK rLOWS STORAGE " c . a . . ,. 1 . . . 2 FT MIT EXCAVATED DIAMETER _ _ _EP 11 a GRAVEL STMAGE EMATIONCOYVEY cLn7Lj3ws FILTER DETENTION PEIND SEDIMENT TRAP / BASIN 3/4�1?4>4 DIAMETER - - -.. . ., a r - a HISTORIC • POM VCLLPIE EXIATION 2 F7---rMi yr c CALCUATEI) BY SEDIMENT 3/4mV4CH DIAPVTER STORAGE • 1• q LJ42 IN01 PlESH1'. tAPPROXD41ATE] GRAVEL SCREEN - .N. OYER • M ET PIPEFOR , E - • - z „ FOR KKR IOOwYEAR CAPACITY HMIUM FLOWS DETAILFLOW LENGTH BAFFLE DETAIL LZE Cr 8AFnZ PAY BE cp a EXTERIOR PLYWOOD OR CMJZVPLENTELrv^Tmq Or RISER CREST i •• I N r FLOw LENGTH 1 CLEVATION OF BASIN RaTTOM SpAc . OJT 8 FEET Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 26 TEMPORARY SEDIMENT BASIN ( ES BMP 1 . 26 ) r 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 qualified professional engineer. Planninq Considerations 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 the design criteria, they must be designed as permanent ponds by a qualified professional engineer. Permanent ponds are beyond the scope of this BMP . 4-79 Florida Erosion and Sediment Control Inspector' s Manual Design Criteria ' Maximum Drainage Area x ' 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 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 basin , by excavation , or by the use of baffles . See Appendix 1 .26A for design details . ' 67 C.Y. / AC" DRY "STORAGE . . . . . . . . .. . .. .. . . DEWATERING DEVICE ' 67 C.Y./ AC. " WET ' STORAGE I :.� �•:— :....:b..�.p:.,.., -eIn,�.�..�:.-'�°°� .: .... :.moi. aambeftev ' SEDIMENTCLEANOUT POINT ( " WET " STORAGE REDUCED ' TO 34 C.Y./ ACRE) Plate 4 .26a Sediment Basin Storage Volumes Source : Virginia DSWC ' 4-80 Chapter 4 - Best Management Practices for Erosion and Sediment Control Embankment Cross - Section The embankment must have a minimum top width of 8 feet (2 . 5 m ) . The side slopes must be 2 : 1 or flatter. 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 ) . 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- 81 Florida Erosion and Sediment Control Inspector's Manual y CREST OF EMERGENCY SPILLWAY DESIGN HIGH WATER ' (25 =YTt. STORM ELEV.) IN, 1 .0' 0.5' ' MIN. 1 ,00 ------- ------ LIDEWATEIRING REST 67 C Y./ AC. ; DRY " STORAGE 67 C.Y./ AC.WET ' STORAGE : ::: ."&a%*& %%Voss Voss : 'iiFa.� got T=�Fi+1t:1i_- iiittr y NM.M ••ifi'r)SI;i1 fsi{;iif;rr iel}f;•ii .�11L:.ii21SS:LL...ilft SEDIMENT CLEANOUT POINT ( " TWET 0 O 34 STORAGE RE) EDUCED ' Design Elevations with Emergency Spillway DESIGN HIGH WATER (25 —YR. STORM ELEV) MIN . Z.0 MIN. 1 .0' 67 C.Y./ AC. :: :. . ; . : .:; •.'. ;. . . " DRY ' STORAGE . . RISER CREST ' 67 C.Y./ AC . DEWATERING WET ' STORAGE DEVICE goes SEDIMENT CLEANOUT POINT ' Design Elevations without Emergency Spillway (Riser Passes 25-Year Event) Plate 4 .26b Sediment Basin Schematic Elevations Source : Virginia DSWC t 4- 82 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 for design procedures for the antkvortex device and trash rack, w)ewaterinq 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 iser 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 . 4-83 } o n II PRESSURE RELIEF I M jV HOLES 1 /Y DIA. 07 CD n p D A A O / O �. I TOP STIFFENER (IF REQUIRED) IS .X_X . ANGLE WELDED pTO TOP AND ORIENTED PER — O O PENDICULAR TO CORRUGATIONS . X O O TOP IS — GAGE CORRUGATED < / METAL OR 1 8° STEEL PLATE . m O PRESSURE RELIEF HOLES MAY 0 BE OMMITTED , IF ENDS OF M (D CORRUGATIONS ARE LEFT FULLY p N Plan View OPEN WHEN THE TOP IS ATTACHED . C r� D m TACKWELo .��; kl :{ ? ?,} ED CYLINDER IS GAGE CORRUGATED ch ch ALL AROUND tj-: �t:�, :=�,�r•,sc: • :�-r•••••:r •~ , t � =.- METAL PIPE OR FABRICATED FROM p' . i!{ y'.{u= _ . ... iit°•:•r'sir.!'• r!?s:•'-•. s$}asrt. {N.?a : . 8� :7 :.» {ist•AI�:{i1}ss�rnuvrdi�:SHt•{ie67ii{•inu.£i•5}}Sc n{�•f' •:r.•s:srrtnrsttrcrsmtm-vw:rcitaaraa:>-�._:rr:..:: M STEEL PLATE. «?f{?i}-! Z•�'�{?. ;}{�g'•fs'�°a? . _..:;t»?y-izHz4?{ii• .�+�.+,�};.yyti�.= .•,y}}}.r{?kti�.•�utis�Ltui>f:i•+}�f41so�iF}rsasipi�7ffuit�a}}li�}L:S«'t}�t.??�: Q. x:{? : 5? NOTES : (D i { : .'.t �{ 113i�} . ' ? #�lLllitiai" aid'u{ .'•'} ff MIN. Q 1 . THE CYLINDER MUST 8E 3 7{,g~��..:jj.3.?.y�•} .,i..:_y:};..t #€> }r{ st{.td{.. {f }; FIRMLY FASTENED TO THE (D {H:i{iifTiiiF� ilm' iiiu'sY•:•}}} ?{ii. s r4rs1�; Q,�•, _ TOP OF THE RISER . r •'ri: rila"{"sir+a'rspi}iv �i 'tsu«"r,'{¢n •fig SUPPORT BAR SIZE O � �•�'• yt ' ' �= `II}`A`` � 2 , SUPPORT BARS ARE WELDED SPACER BAR ;;i ~r;;i; i_ i {} } ;;itrii?six. (�6 REBAR MIN.) (TYPICAL) i• F`'? ;? -` = ftY;tit7 =}iii TO THE TOP OF THE RISER o -t,< :,°�"" OR ATTACHED BY STRAPS ?uiiei•'{;.!�}ti-t{L � xs' ;.u7 }iiFl�:'•? — RISER DIAMETER BOLTED TO TOP OF RISER. I N I (D 0 O Section A-A Isometric U •P � OD C � fv t O V / a ca � J U W E � h�d�ii 'a --I 11iIi�i�ii U) ' I t U p #i1.51G1 ilk � _ N i , i1t4I( il, _ CL (TItil„ h !111'1 '1:11!: ,{ I, !h1' dil' O f�l�l �lili illill111 C/' I ": : : f'l 1 :) , Ml,i �I,I,i, S W I iilili�l i iJill i 1 lijiiIto , •- 'I3 '�� Ilil�' . iiii ''-i-iiilil at U) gill I ! FI 1111 i Iill'IIIi i h1f11a (Tj W N Q. (/� C /i ,111iil;l�i iili1h11I'ili�1 1111 li d +� d 0 1'1111'1i11111t 'll 1'1111'1!11 i I" 11 C Ji$1,1, ` m i �y : : i1101 cn N I,I,i,l y;J�� let h a� � U C Q c 1 U CL o � a c � U g iU N � m as U N_ o [n Q a: J C) d _ _ E. 'C c i ea N _o O (I, (p vl _ N > Z WLAI Gl V ain 91Co1 `e I O c d (D � IPA imn M 509 l j ' l �! ts�Ili�}j • i�i !t}•xr inQ { , :l�:� :•},t• Ii R ill V n •C !��j� . _$� ( °•�i�it 4'�1��1(�11� � „ �.l� ii'tE�1�}yI'4 iiiy, ! ' �•! }! ` 111 I p p }.1„ ! , ! }. i�!jiii,il . q, !}i viii i i•:i,l(g1•t D E�� ! � .,;:��Eii4i�I��°:,i � i} m l + :i } 1i3i.l_' z' ,i1 .j.l , 4 t s 41i� ji,3 si ii , itiji �!'1 �iI� ! i � i � = 41 , `!! s i41� :k•t ��i p >,i5�:�,i: .�ti �: ihi�ili't�•:=•�ij, ii l�leij: }li��L�ji;}�is��j}pi , rii, T_I �I � 4 Iii }� ! I t •:ii1�; illi �Ci• � 4 r i I; i = , .1;1 ; : t: I�. • I i•,EE.ijj.i�}'tI,;il,j! •4 !•,p ��`,_:•�>�,,: • i}i ..� i.�.t:1• .I, ,. �i= = 3}[• '�r =l,1 11��i lttt ,• il Rii� lrt ' it� li i •,• i I F7 ! i •'•i� �,f i t E •��i , :s , } : i!3 :, � 1 1 ! }i.,i4h;. j t' =i i`� li O Q. �;Ali' iii l .i„}i � = iii,} ,, r:}=�• i� � ;j ilj �!:! ��;i'j� '= 1 i � }lili;i6�i.,iiSi= s ,i t �I ,,yii31•�y3 .� �3'}`I,l i,, ! • lll,t'•1}:�:� � O } I'I ��: it}�li !�1� }i��(•� .}i�� ,!�i i}I lii��iii ! i iii (i}ilii, lit. !��, } • n1 }.1 � s � � } I'�li i Iii I I ! i,i!!i i�l�i '!i}i}`i } ! f �I'1 � }�`!`�i � . � •�i t til I. i ' iliif .��:�y i 'p=, •j } j �; � l,�t�•{,�i}i �•� � ,� ( , f & = o �} 3 ' . ! " i , ! t , !' : t '° •i i r:l'• ! xii iri1ilr,_,tt 2 Ft�i'(ii i ii '}il•� 3 ! , ,H T1s .' •! �'} {i4 i• ,gg s�'.+ ,iit + �. : !i !•tj alt i4 ! ! t::� , �{: 4i` i�•Ij(: _�} � i; II: ii, li:ilii�y� :!i�'li}3l4t i , I , :i; .. }!,i , i; 1iil, }�;I { •:4 ii!} }')lill}{ �; 'ii}E9 }i 1iR}}> i }i=,Ili}( t? 1 Q , , i,tn! i :•!i� ! i iL••i 1 .`iil .�i s i}14i �_ cn (D O. 3 ' (D n r O .�F 1 O cn M n O Ui co � C AJ Chapter 4 - Best Mana ement Practices for Erosion and Sediment Control Anti - seep collars Anti - seep collars shall be used on the barrel of the principal spillway within the normal f saturation zone of the embankment to increase the seepage length by at least 10 % , if either 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 Wart to allow space for hauling and compacting equipment . Connections between the ;ollars and the barrel shall be watertight. See Plate 4 . 26e and Appendix 1 .26A for design arocedure 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 426g ) , 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 . 4-87 1 Florida Erosion and Sediment Control Inspector' s Manual �g EME 1 siiWY Y 1 TOP OF EMBANKMENT 1 ARREL SEDIMENT R15ER WITH BA5IN TRASH RACK 1 STABILIZED OUTLET 1 1 PLAN 1 TRA5+4 RACK EMBANKMENT CLEANOUT / EMERGENCY SPILLWAY WITH IVE&ETATION MARK eee"\ f I FT, . y .,.qj FREE50ARD ` 1 FT MIN .2 Fer EN61blEERED - SPILLWAY SELECTED FILL -i BARREL PLAGPD IN LAYERS COMFACTED_� I =J 11� I I=1 I111— STABILIZED 07 1 1% />00 ek ANTI -SEEP COLLAR DRAINAGE HOLES ANTI -FLOTATION TYP. OF 2 SLOCK SECTION 1 ' NOTESS I . THE TEMPORARY SEDIMENT BASIN, DE516NED BY A QUALIFIED, PROFESSIONAL, 15 REQUIRED 1 FOR DI57JRSED AREAS GREATER THAN 5 ACRES WITHIN A DRAINAGE AREA LE55 THAN 100 ACRES. 2 . T}r 5_-DIMENT BASIN WILL BE Ri:MOV-u7 WIT�f- IN 3 YEAR5. 1 ' Plate 4.268 Sediment Basin Source : Erosion Draw 1 4- 88 Chapter 4 m . Best Management Practices for Erosion and Sediment Control Maximum velocities 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 Sediment shall be removed from the basin when the capacity is reduced to 55 cubic yards per acre ( 104 m3/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 after the 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. Safety 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 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 . 4- 89 1 Florida Erosion and Sediment Control Inspector' s Manual 1 . : D ' D 2 N O SCALE INFLOW — — �� m RISER D/2 ` L = TOTAL DISTANCE FROM NORMAL POOL THE POINT OF INFLOW AROUND THE BAFFLE TO THE RISER. �J NORMAL POOL 0/2 L_ � RISER ' D avRE 1 USER INFLOW NORMAL POOL BAFFLEL me 2 0/2 f L — Lt + L2 ' INFLOW SHEETS OF 4' X a' X 1 /2' EXTERIOR 60 pLYW000 OR EOUVASK RISER CREST aLVATION 1 II jj 4' II POSTS MIN. SIZE 4' SQUARE I I I I I OR S ROUND, SET AT I I I LEAST 3' INTO THE GROUND. Plate 4 .26h Example Plan Views of Baffle Locations in Sediment Basins Source : NRCS 4-90 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 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 Spillwav 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 over fill 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) . 4- 91 EMERGENCY WATERDESIGN HIGH CREST ANTI� S . - »- DEVICE Or COLLARS RISER 1= 11=11=t1=1i-=� I =1op BARREL 1=� �--. . 11:Jt-11-11-1 -�1=11=11-1 =11=�11 =11-11-i1-11=u_ .._ CONCRETE .11.=1I= -11= 1=J1- 11=11`--11=11=11 =11=11=11-11 =11 =11-11=11=u- .�= - 1=1 _ _ '11.=11=11-11-11==11=It=1t=11=11=11-11 =11= It= 11=1t= 11=:i=11-111-11-11= 1 = 1=11-1f: : IIS:: 11=11 ' II: : 11 =11 =1!' .11= =1 - i1=11-J1=11=1!_=J1= - BASE :11 .11:11:11:tl: ll. il: ll_I THROUGHH = HEAD ON PIPE . OVER RISER CREST L = LENGTH OF PIPE - . THROUGH DIAMETER Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 wellestablished and erosion - resistant. The basin shouldbe 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. 4-93 LEVEL PORTION CRE57 . CONTROL 00000 APPROACH �% Biu■.. � � CHANNEL EXIT SECTOR um NOTE. NEITHER • • • ' AUGMENT CONTROL SECTION KAS . • COINCIDE CENTERUNE OF 7 i _ Plan View WATER SURFACE X� LENGTH OF Off 7 COMOL SECTION .=rr=rr=rr=rr=n- OXAG _ _.= 11 .=11 =11=11=11=11=11 =11 lt� 11=11— =11 =nT1'A EXT SECTOR GREATER CHANNEL S AlongAPPROACH Profile - . . �=11=°lei Cross�Section at Control Section 1= _I -. 11-If=I{=11=t1-11=1 �=11=11=11=It=11=11:-= . _ . e � . � - - ' • • � • - � - � • ti. - . -,., �-.�- � • - . .. 1=It=1I=11 =11=-11=1i=11=11=11= 11 =11=11=11=-11 I -�'-� � -�1-11=�1-11- t1 -11- - - - _ _ 1=11 -=1i- 11 =11= 11 =11=� 1 = 11=1i= 11 = 11 - - - --ll� il=' 1= 11=11 = i1= 11 = - � �� .r �� . _ � � -.�It- 1- 11 -X11- 11- 11-l1- 11 -! !---11- 1t�-11- 1t --11-11-11 11=11 � �- II-II- II - II-II- II- 11 - -- - - - - 11= I=11=11 =11= 11-11= 11= 1 �11 � 11=11= II = 11 = - - 11 = 1 - 11 =11=�=11 = 1i = 11 =11= . • ' Florida Erosion and Sediment Control Inspector' s Manual INSTALL COLLAR WLiH CORRUGAT06 vorrm O=M To BE or sAME cAa As THE HPE MRM w"M R Is Lam Ca►rrruota waD � . 11r X T SLOTTED HOLES FOR I I r MIN. 3/r DWAETER BOLTS }�-----� B C D BAND W= Bof11 sum ' SLUM NO= COIBR/W.TED METAL c°"""I10� '"�' SECTION B - B �D°amo ELEVATION OF UNASSEMBLED COLLAR 3. UNASSEMBLED COLLARS SHALL BE MARKED BY NOTES FOR COLLARS: PAINTING OR TAGGING TO IDENTIFY MATCHING PAIRS. 1 . ALL MATERIUI S TO BE IN ACCORDANCE WITH 1. THE LAP BETWEEN THE TWO HALF SECTIONS CONSTRUCTION AND CONSTRUCTION MATERIAL : AND BETWEEN THE PIPE AND CONNECTING BAND SPECIFICATIONS. SHALL' BE CAULKED WITH ASPHALT MASTIC AT Z WHEN SPECIFIED ON THE PLANS. COATING OF TIME OF INSTALLATION. COLLARS SHALL BE IN ACCORDANCE WITH S. EACH COLLAR SHALL BE FURNISHED WITH TWO CONSTRUCTION AND CONSTRUCTION MATERIAL 1 /Z DIAMETER RODS WITH STANDARD TANK SPECIFICATIONS. LUGS FOR CONNECTING COLLARS TO PIPE. DETAIL Corrugated Metal %w 1 Iff X 1 1/r X 1 1 /B' ANGLE! TO COLLAR OR BEND A SC SIZE AND SPACING OF SLOTTED ANIS 1 111r, W= AS SMOMM M ORALLNO. OPENINGS SHALL BE THE SAME 41, AS SHOWN FOR CM COLLAR . 1 1/e< NOTE FOR BANDS AND COLLARS: USE RODS AND LUGS TO CLAMP �� SHOWN MAY USED PROVIDING MODIFICATIONS OF THE DETAILS BANDS SECURELY TO PIPE. 1 ,1/� EQUAL WATERTIGHTNESS IS LdAIWTAINED AND DRAWINGS ARE SUB AMIDETTTED AND t? MM APPROVED BY THE ENGINEER PRIOR TO DELIVERY. MMD or ` aim PIPE ISOMETRIC VIEW ' UML COLLAR SHAM LIE as 70 m coww Amours Or "cuaAL WO, AND R00 AID LMI= MM A COMMOOLIS waa NOTE: FOR DETAILS OF FABRICATION DIMENSIONS. MINIMUM CAGES$ SLOTTED HOLES, AND NOTES. SEE DETAIL ABOVE. KETAL COLLAR TO Be WE )O TO cemw or NOTE: TWO OTHER TYPES OF ANTI—SEEP COLLARS ARE: IELWAL PrE a" ' 1 . CORRUGATED METAL. SIMILAR TO UPPER. EXCEPT SHOP WELDED TO A SNORT (AFT.) SECTION OF THE PIPE AND PARTIAL ELEVATION z. CONCRETE, s INCHES INCHHEWITH SNTMiCKCFORRMED ANDS TAROU AO THE ROUND PIPE IMP Drag. nmo MANUAL WITH /3 REBAR SPACED 15• HORIZONTALLY AND VERTICALLY, DETAIL Helical Pipe Plate 4 .26L Anti -seep Collar Details Source : NRCS ' 4-96 Chapter 4 - Best Manaqement Practices for Erosion and Sediment Control ' PROVIDE ADEQUATE POLYETHYLENE CAP F STRAPPING - - - DEPTH -- VARIES AS TACK WELD - - - PERFORATED POLYETHYLENE ' REQUIRED - FOR ' DRY _ DRAINAGE TUBING , DIAMETER STORAGE VARIES (SEE CALCULATIONS IN APPENDIX 3. 14-A) III �� WET FERNCO-STYLE ' COUPLING STORAGE DEWATERING ORIFICE, CORRUGATED METAL RISER SCHEDULE 40 STEEL STUB 1 -FOOT MINIMUM, DIAMETER VARIES (SEE CALCULATIONS IN APPENDIX_ 3J4 -A) Plate 4.26m Perforated Pipe Sediment Basin Dewatering Device Source : Virginia DSWC 6 I _ if — Clean Masonry Sand Riser Welded or 7 4' Perforated Plastic Placed Mortared Joint Minimurn with Perforations Down Nutlet Place Filter Fabric Badding Over Pipe :00 0 0%o:s. lo' Minimum Riser Cross-Section Drain connection Pipe in Trench Embankment Edge of Pool Riser .�Barrel S ZS S Perforated Pipe in Tench NOTE: S . is to 26' _ — ----_ __-- -_ ._ Plan View Bottom of Basin INProfile OWNING 5Y. Minimum Grade — Plate 4 .26n Dewatering a Sediment Basin with Subsurface Drain Source : NRCS 4= 97 Florida Erosion and Sediment Control Inspector' s Manual This page left intentionally blank -w r r 4- 98 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 or fill slope without causing erosion problems on or below the slope . 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 . Earthen Dike Z.� corrugated Metal ( Compacted )Extension CollarWaterproof Seal � D+6 " 24 . 1 Jill Provide Outlet o 1! 1`--= 1( _ eLgli y_ _ I � IIIcJllli= Protection Standard Flared �� T ( -" End Section f — IA c I — 111I111==llu==FI!11 Section Earthen Dike ( Compacted ) x •. II � 1 ._ III 1. — 11— III IIII= �1TI1— I I = II� IUI Section A4 Plate 4 .30a Temporary Slope Drain Source : Virginia SWCC 4- 99 DIVERSION PIKE • STANDARD METAL D WCOTION 00 . ` STRAP 0 00 so . . • x . 1 • 0 I��II�IIIIIIIIIIiI!Iilllll� E ; - -:_ �� - _ FLEXIBLE VONWRAI 0044 00 OR - r-mrlfm OR , 'SOCK' SEHN FABRIC FILTER • ; ISLAND INLET PLAN VIEW DIVERSION ISLAND PIKE OVER _�=11=11=It= .. STRAP EXTENSION COLLAR Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 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 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) . 4- 101 • 10 FT RA�X uj TAPERED INLET M = me : • ~ - IF AN VISCHARL&E aD KATER IL IL ri PLAN VIEW • • ► s 68 MIN, OPEN TOP CWTE MIK or abs 0*15EPMENT SECTION ��✓ ' %��I �! _'� ! iii-I � Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 . 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 . M Y ..! Ullw blp-ill.l. I I I I Plan Elntten Plate 4 . 30d Flared End Section Schematic Source : VDH &T RoadRoad Designs and Standards Standards 4- 103 ' Florida Erosion and Sediment Control Inspector' s Manual Alternate Connection - - Dia - ' 1149000" — , S.! LA4 Toe Votes venae needed , to be punched to match holes in skirt lip . 3 /8 " gaty . bons IQ be furnesned Length of toe plate is wt 10 " tar 12" to 30 " die pipe and W ' 22 " for 36 " to 60" dies pope. Skirt Section for 12 " to 30" coo. pipe to be made to one piece . Skirt Section for 36" to :4" doa pipe may be made from two ghosts joined by fww Ing or bolting an center hne, 60 " mor be constructed in 3 pieces. Connector Section , Corner Plate and Toe Pfate to be same sheet th$cxnessas skirt. End - sections and fittings are to be galvanized mel or aluminum allay for use with like pope. I L I lie ,4ppro:. 2 S4 : I Slope t Typical Cross - Section T SHEET DIMENSIONS 849 Toe PIPE ( THICK- A i3 t ed W C Pfottt DIA NQS is M " T L f2 " 4" " " " I7 1 • t A " I a" 195 .064 " 7" 1 8 " I 6 " 26 a i 3 0" 24" 18 " 1 064 " 8 " 10 6" 1 1 " 1360 " 24" .064 I o " 13 " 6 " 1 4 10 I 460 24" 30" A79 " 12 " 16 " 8 " I S 1 " 60 24 " 36" .079 " 14 " I 19 " " 6 " 1 7 " 13 " 42 1 109 160 it 22 1 t ' 69 84 36 " 48' 1 C9 . 18 " 2 . ! : 2 7 e " 90 24" ' 54 " 109 " 1 18 " 30" 12 ' 84w I " 36" - 1 66 wwoyie 1 1 e 12 1 8 T 1114 ' 36" FLARED END - SECTION ( Continued ) r Plate 4 .30e Flared End Section Specifications Source : VDH &T Road Desicins and Standards ' 4= 104 Chapter 4 - Best Management Practices for Erosion and Sediment Control 4 . 38 TEMPORARY CHECK DAMS Definition Small temporary dams constructed across a swale or stormwater conveyance channel . Purpose "Fo 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 . 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 , J 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 . I Either temporary or permanent ditches or swales which need protection during the establishment of grass linings . 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 . 4- 105 • LL 1 U 11 11 IL 1 1 PLAN VIEW . 40 TO LOSS LOOKING4* MAX 40 161 TO 24 " VIEW - . 1 . 151 ARE OF EMAL ELIEVAonoK POINT 'A ' POINT 151 , SPACING BETWEEN CHECK DAMS KEY THE ENDS OF PAH • TM CHANNEL 5ANK, LO" SHALL BE FRE55UFM TRZATIEV IF - . STA51LIZATION STRIZTURE IS INTENPW TO Be - i • • M L sell Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 stone) (4 to 9 cm) . The stone should be placed according to the configuration in Plate 4 . 38b. 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 . 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 . 4- 107 iFlorida Erosion and Sediment Control Inspector's Manual 1 A 18 • ry A ; VIEW LOOKING UPSTREAM 1 NOTA KEY STONE INTO THE DITCH BANKS AND EXTEND IT BEYOND THE AHUTMENT5 A MINIMUM OF IB " TO PREVENT OVER FLOW AROUND DAM. 1 FLOW , ova q1 ! ri 8 ft. SECTION A A t' = THE DISTANCE SUCH THAT POINTS 'A ' AND 'B ' A2=_ OF EQUAL EL.NAT1 OR i IL' 1 s• • • — — — — — — — — — POIN'T 'S— — — \1. /�� \` \" • \ �• . may° 1 SPACING BETWEEN CHECK DAMS Plate 4.38b Rock Check Dam Source : Erosion Draw 4- 108 WOMEN Chapter 4 Best Management Practices for Erosion and Sediment Control is D . '® . END ' OI ► E ' THAN FLOV LINE ' ■ \ . r •�� • ♦ ��\ . • ♦� �/ FCT EX= END POINTS OAO MJST BE KI&ER POINT 7 ■ I B � Ir UE 13R PM 54LU IN OW#EL OTHN 941 . ! iji►li �.:i�j� � � , a mzT BE namy BA= KET EE T10-ny ABffTM VM NO GA - AJ MIATM UXATEN RD J LbE BaLEM . MaSTREM RNtS UJOmi FLL QO RMAM . . m S" APPROXMTELY UNEL VM TK LD6UTGUM ELVATEN EF 7K UPSMEAM SKZ .. PlateWIDE CHANNELS NARROW CHANNEELS • Bale Check . Source : HydroDynamics , Inc . 4 • • Flow 46 Note : Spoclong for Type // Fence to be in accordance and ditch installations at drainage structures Sheet 2 of 3 . Type lI Silt Fence • ■ ■ • 30 MaxI Points • • • - Higher than Point B Chapter 4 Best Managementfor • • and Sediment Control [FROCK • 5 am • w • • ois • / 6 • . 1 • : / L3 is L2 L4 U5 • RECOMMENDED ROCK SIZE . FLOW DEPTHS • - ■ iHIGHER • 5 OR FLATTER THAN FLOV INCH MIMK FLOVSLOPE CO ■ - ■■ \ .■ • «:: ,- B / 7 L• �• «.r •. .:1..... .... .wM :moi«:::1.:. �:.:'•: � 11 i Y_moi_:•'.��.•y...1..- ..Iy . NNNA 0 L N A 0..NNON.NN. _ i:i:.N..NN.•.NNNNN �r��.r�....✓ — . NNNNNINNN.oNN.Nn. �l�l.'•."•`•.�1^C'L�I-L IAC �L^�'IL7.`Y11. MINI" DEPTH OF CMRSE 05 TO 15 FEET ROCI< SET INI r ROCK PLACED IN CHANNEL DIFFERENCE (MINN" TRENCH FL13V1 05 FEET SIDE VIEW FRONT .i «u. uNN .• i. NN.NONr rN.N. .r NN. ::.:i:::i::::«i. . . NN.NN.N•N .. ...•... No.rN '•I ..r.. s.Ns.....•.....I..FF .. M .. ..11... 1.......... •I•.N.•N....N..... 111..... .•........ ■ .1.==. =M N...M ......... ..... ..... II....N.. ...1....1• ..I..•N. ...N.•M ...1.• • •....... .•....I N. .NMW1. N....... . . .1...... ...INN.N ...N :iisii:ii:::«.: . : N r.NNN ONN• ..NNo. ouo. '•i:::ice•::y':.i iio:o•i: .I ..M .M M.. PLACE I • • • , SII v is NFR30%MY LEVEL LMIEST GUM ELEVATMN NN---' - V Fici Plate 4 .38e Rock - • HydroDynamics , Inc . ' Florida Erosion and Sediment Control Inspector' s Manual r 3 r O O ' SPILLWAY MINION O � O r CHANNEL BANK PLAN POINT 'A' lllll SPILLWAY — — — 24 ' MAX POINT 'B' Il 111 I11 1 1 1 � � r � VIEW LOOKING UPSTREAM r PONDING HEIGHT M ` ' t' = re DISTANCE SUCH THAT POINTS 'G ' AND POINTS 'D ' ARE OF EG UAL ELEVATION. n POINT 'C ' POINT 'Plee, I I OPTIONAL DISSIPATOR I I U EMBED STRAW BALE 4 ' MIN. U INTO SOIL I I U SECTION A - A ' SPACING BETWEEN CHECK DAMS U r NOTES. Be PLACE $ALES PERPENDICULAR TO Tre! 1 . El B1=D BALES 4' INTO TIS 501L AND 'K=Y' FLOW WITH ENDS TIGHTLY ABUTTING. USE BALES INTO THE CHANNEL 5ANKS. 5TRAW, ROCKS OR FILTER FABRIC TO FILL 2 . POINT 'A ' MUST BE HIGHER THAN POINT S% AW GAPS AND TAMP BACKFILL MATERIAL r (SPILLWAY f-� IC iT) TO PREVENT E!R,05ION OR FLOW AROUND THE BALES, 4. SPILLWAY HEIHHT SHALL NOT EXCEED 24 ". 5, INSPECT AFTER EACH 516NIFICANT STORM, MAINTAIN AND REPAIR PROMPTLY, r r Plate 4 .38f Straw Bale Check Dam Details Source : Erosion Draw r 4= 112 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 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 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 . Sumas 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- 113 Florida Erosion and Sediment Control Inspector' s Manual Horizontal Wells 71 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 . ' Welknoint 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 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 . ' 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 . If 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- 114 Chapter 4 - Best Management Practices for Erosion and Sediment Control 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 conventional erosion and sediment controls cannot be used , or from dredging or filling within the watercourse . 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 . 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 4- 115 ' Florida Erosion and Sediment Control Inspector's Manual of water that must pass through the fabric and sediment particle size when specifying fabric permeability . f~ 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 , to keep sediment out of the watercourse , be the strategy used in every erosion control plan . However, when proximity to the watercourse makes successfully mitigating sediment loss ' impossible, the use 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 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 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) may be present , where tidal action may be present , and/or where the curtain is potentially subject to wind and wave action . 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 as 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/or wind 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 . 4- 116 Chapter 4 _ Best Management Practices for Erosion and Sediment Control 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 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 in the 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. 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 and 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 . 4= 117 Florida Erosion and Sediment Control Inspector' s Manual ' 5/8 IN . POLYPROPYLENE ROPE 1 /4 IN, TIE ROPE FLOATATION II II FOLDS FOR COMPACT STORAGE IECONOMY FABRICS AVAILABLE ' DEPTH ACCORDING TO NEED I 18 OZ. 300 LB/IN, STANDARD NYLON REINFORCED VINYL ALL SEAMS HEAT SEALED 1 /4 IN. CHAIN ' BLOW-UP OF SHACKLE CONNECTION O Type I 18 OR 22) OZ, VINYL COVERED NYLON GALVANIZED #24 SAFETY HOOK WATER TOP LOAD LINE PVC SLOT—CONNECTOR 5 S/ 16 VINYL COATED CABLE kL STRESS PLATE (TO REUOVE FLOATATION PRESSURE FRO1A FLOATS) ' 100 FT. STANDARD LENGTH FOLDS EVERY 6 FEET DEPTH ACCORDING TO NEED STRESS BAND STRESS PLATE 5/ 16 IN, CHAIN BALLAST do LOAD UNE Type 11 Plate 4. 45a Type I and II Floating Turbidity Barriers Source : American Boom and Barrier Corporation ' 4= 118 Chapter 4 - Best Management Practices for Erosion and Sediment Control Construction Specifications Materials Barriers should be a bright color (yellow or " international " orange are recommended ) that will attract the attention of nearby boaters . 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 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 inches (B 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 II and Type III 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 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 ) . 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 or Type 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 be followed . See orientation of external anchors and anchor buoys for tidal installation in Plate 4 . 45b . 4- 119 ' Florida Erosion and Sediment Control Inspector' s Manual Ir Type 111 r22 OZ NYLON REINFORCED VINYL STRESS BAND FLOATATION PVC SLOT - CONNECTOR r DEPTH ACCORDING TD NEED 401 5/16 VINYL COATING CABLE X24 SAFETY HOOK STRESS PLATE LAP LINK 5/16 IN. (ON BOTH SIDES OF CURTAIN CHAIN TO REDUCE STRAIN) r Orientation When Installed (Tidal Situation - Type III) r ' NOTE: ANCHORING WITH BUOYS, ATTACH LINES AUTOMATIC FLASHING AS SHOWN, REMOVES ALL VERTICAL FORCES FROM THE BUOY TO SHACKLE LIGHT (ON AT DUSK-' CURTAIN. HENCE, THE CURTAIN A7 DAWN) 100' I N ,�/ { ON CENTER SHALL BE WILL NOT SINK FROM WINO OR / USED IN NAVIGABLE CURRENT LOADS. —17 `1� CHANNELS ONLY MIN 2' / STANDARD CONTAINMENT f SYSTEMS UGHT BUOY 5' S' ANCHOR (AS WATER SURFACE RECOMMENDED Eff THE MANUFACTURER) 1 411c:14 MIN. 1Y \ CURTAIN RIVERBED nag 0 0 0 0 0 0 o p0 o Q o 0 0 0 0 r o 0 0 0 0 0 0 0 0 0 o vo 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o o v o v o0 0 0 0 o 0 0 0 0 o o o D o v 0 0 0 0 0 v o 0 0 o O o 1 1 Plate 4 .45b Type III Floating Turbidity Barrier Source : American Boom and Barrier Corporation and VDOT Standard Sheets 4- 120 Chapter 4 - Best Management Practices for Erosion and Sediment Control Installation 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 let the curtain skirt drop . 2 . In rivers or in other moving water (Type II 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 "V" to deflect clean water around a work site , confine a large part of the silt-laden water to the work area inside the "V" 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 . 4- 121 Florida Erosion and Sediment Control Inspector' s Manual Typical Layouts Streams, Ponds , and Lakes ( Protected and Non -Tidal ) ' STREAM FLOW ANCHOR PT. ��• STAKE OR ANCHOR . ' EVERY 100 ' (TYPICAL) SHORELINE ® FILL AREA ' LIMITS OF 1000 . CONSTR. SHORELINE ANCHOR PT TURBIDrIY CURTAIN , THIS DISTANCE IS VARIABLE Tidal Waters and/or Heavy Wind and Wave Action FLOODEs PROPOSED TOE OF SLOPE J GO 000 r �Q• Jr 1� t i f � �' i EXISTING • • ! �� • . -.� CAUSEWAY ' ANCHOR do ANCHOR BUOY SHORELINE �� BARRIER MOVEMENT SHORELINE ' ANCHOR PT. DUE TO TIDAL CHANGE ANCHOR Fri . • THIS DISTANCE 15 VARIABLE ® FILL AREA Plate 4 .45c Typical Installation Layouts ' Source : FDOT Roadway and Traffic Design Standards 4- 122 Chapter 4 . - Best Management Practices for Erosion and Sediment Control 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 . r Removal 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 to ensure the adequacy of the repair. 3. When the curtain is no longer required as determined by the inspector, the curtain and 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- 123 ' Florida Erosion and Sediment Control Inspector's Manual This page left intentionally blank r s 4= 124 Chapter 4 - Best Management Practices for Erosion and Sediment Control- REFERENCES Florida Department of Environmental Regulation , 1988 , The Florida Development Manual : A Guide to Sound Land and Water Management ( Chapter 6 ) . Tallahassee , FL 4- 125