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HomeMy WebLinkAbout2008-342DSECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Introduction Defined Terms Before Starting Construction Preconstruction Conference Coordination of Plans, Specifications, and Special Provisions Subsurface and Physical Conditions Performance, Payment and Other Bonds Certificates of Insurance CONTRACTOR'S Liability Insurance OWNER'S Liability Insurance Property Insurance Waiver of Rights Receipt and Application of Insurance Proceeds Labor; Working Hours Permits Test and Inspections Progress Payments Mediation Arbitration Liens Article Number SC - 1.00 SC —1.01 SC —2.05 SC — 2.06 SC — 3.06 SC — 4.02 SC — 5.01 SC — 5.03 SC — 5.04 SC — 5.05 SC — 5.06 SC — 5.07 SC — 5.08 SC — 6.02 SC — 6.06 SC — 6.10 SC — 13.03 SC — 14.02 SC —16.02 SC —16.03 SC — 17.06 00800-i 00800 - Supplementary Conditions REV 04-07 00800 IFAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00800 - Supplementary Conditions REV 04-07.doc B. Record/As-Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards forthat type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly. The following items are required to be shown on County project Record/As-Built drawings submitted to ENGINEER: C. As per Chapter 472, Florida Statutes and Chapter 61G17-6.007 Florida Administrative Code As -Built — Record — Specific Purpose Surveys: A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record/As-Built survey as it relates to the regulations and standards established for said surveys. AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. 1. Right-of-way Swale/Drainage —All culvert inverts elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, stations and offsets. 3. Outfalls — All pipe inverts elevations and station offsets, weir box elevations, weir elevation, and sizes. 4. Roadway/Off Site Drainage — All inverts elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Perimeter elevations, grade breaks, depths, and calculate pond area at control elevation and grade breaks above water surface. 01720-2 01720 Record Documents C:\Documents and Set tings\mikem\Desktop\StandardCnty Surveyor - Record Documents master 2-2008 REV MOB 3-12-08.doc D. 6. Roadway: a. Stations and offset related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, OR minimum at 1000' intervals along roadway alignment. b. Elevations along Profile Grade Line (PGL), of all edge of pavements either side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). c. All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable. d. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. 1. Survey Control: Install/re-establish new roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State Plane Coordinates and elevations for all control points. 2. Either if shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s) destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTALL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built information. Be CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with an Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER. 01720-3 01720 Record Documents C:\Documents and Settings \mikem\Desktop\StandardCnty Surveyor - Record Documents master 2-2008 REV MOB 3-12-08.doc C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state, type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As- Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor, E. Payment for Record Drawings, Review of Electronic As-Builts and signing and sealing As-Builts shall be made under: Pay Item No. — Record Drawings — Lump Sum ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. + + END OF SECTION + + 01720-4 01720 Record Documents C:\Documents and Settings\mikem\Desktop\StandardCnty Surveyor - Record Documents master 2-2008 REV MOB 3-12-08.doc DIVISION 2 TECHNICAL PROVISIONS Section No. Title STANDARD SPECIFICATIONS 1 MOBILIZATION 2 MAINTENANCE OF TRAFFIC 3 EROSION AND WATER POLLUTION CONTROL 4 CLEARING AND GRUBBING 5 EARTHWORK 7 STABILIZING 8" COQUINA SHELL BASE 8 TYPE `B' STABILIZATION 9-11 TYPE S ASPHALTIC CONCRETE 12-13 TURNOUT AND DRIVES CONSTRUCTION 15-24 INLETS, MANHOLES AND JUNCTION BOXES 25-44 PIPE CULVERTS AND STORM SEWERS 4546 FLASHBOARD RISERS 47-49 CONCRETE ENDWALLS 50 CONCRETE RETAINING WALL 51 HANDRAIL 52-53 CONCRETE CURB AND GUTTER AND SIDEWALK 54-55 SODDING 100-113 PAVEMENT MARKINGS 114 2" PVC CONDUIT 115 PULL BOXES 200-204 WATER AND SEWER UTILITIES F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents.doc SECTION 01025 TECHNICAL SPECIFICATIONS STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, current edition, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. ITEMS OF PAYMENT ITEM NO. 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2000 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101 - Mobilization - Lump Sum ITEM NO. 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2004 Edition), except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the 01025-1 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specification s.doc construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The 2002 FDOT Design Standards For Design, Construction Maintenance and Utility Operations On The State Highway System, set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. 01025-2 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic. control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102 - Maintenance of Traffic - Lump Sum ITEM NO. 103 - EROSION AND WATER POLLUTION CONTROL PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site orwork area. C. The pollution control measures specified herein represent minimum standards 01025-3 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix „B„ D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix "Be" If there is a conflict between the referenced Chapter 4 and these Specifications, the more stringent requirement shall prevail. 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6.08 of the Supplementary Conditions. Per paragraph SC - 6.08.13 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. 01025-4 Technical Specifications FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc 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 anytime, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut- down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. D. Inspect each pollution control system at least once per day. Clean and maintain each pollution control system as required by its manufacturer or the OWNER, until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. E. Discharge shall not violate State or local water quality standards in the receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable regulatory agency and the ENGINEER. F. Promptly repair all damage at no cost to the OWNER. 1A SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Article 6.17 of the General Conditions. Be Stormwater Pollution Prevention Plan. 01025-5 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc 1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR DESIGN, INSTALLATION, AND MAINTENANCE A. Site-specific design of the erosion and stormwater pollution control system, and installation and maintenance of all erosion and stormwater pollution control devices, shall be by a State certified erosion control specialty subcontractor who specializes in the design, installation, and maintenance of such devices. After installation, this subcontractor shall maintain the erosion and stormwater pollution control devices until the devices are no longer necessary. (Note: The CONTRACTOR may install and maintain the erosion and stormwater pollution control system under the direction of the State certified erosion control specialty subcontractor.) Before beginning construction, submit to the ENGINEER for review, a Stormwater Pollution Prevention Plan, prepared by the State certified erosion control subcontractor. Construction shall not begin until the Stormwater Pollution Prevention Plan has been submitted to the ENGINEER. The CONTRACTOR shall complete the certification provided at the end of this Section and it shall be a part of the Stormwater Pollution Prevention Plan. 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. Except as may be defined otherwise in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or 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. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When ... In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences, the OWNER or ENGINEER will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the 01025-6 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc discharge water's TSS and turbidity measurements exceed these pre - construction background values by 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge is defined to be polluted whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in anyway, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's other remedies listed herein, if the CONTRACTOR fails to comply with this Section and erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will report the violations to the Indian River County Code Enforcement Board, SJRWMD, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Otherwise, install in accordance with FDOT Index No. 102. 3, Removal: Contractor is responsible for removal of silt screens. 4. Product: All material shall be new and unused. Use FDOT Type IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 360800000, Florida DOT Silt Fence. U.S. Sieve = 30, tensile 01025-7 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc 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. B. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3, Removal: Contractor is responsible for disposal of turbidity barriers. 4. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc. (1-866-472-7537), 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. (1-800-448-3636). 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 01025-8 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specification s.doc 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: 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 Contractor will be responsible for removal of all filtration devices. 4. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819). c. Or equivalent. F. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash -down stations as required to wash vehicle tires and retain all washwater on-site. G. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Crushed limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate (usually granite), washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. H. Hay Bales: Hay bales shall not be used. 01025-9 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104 - Erosion and Water Pollution - Lump Sum (The rest of this page intentionally left blank) 01025-10 Technical Specifications FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc 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 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: to 17th Lane SW from 27th A . 900'. 20' A [A 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 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + , 20 01025-11 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc ITEM NO. 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (Latest Edition) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done Aby hand@ in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) 01025-12 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications. doc The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 110 - Clearing and Grubbing - Lump Sum The provisions of Special Provisions, Paragraph 9 shall be applicable and the costs thereof included under this item. ITEM NO. 120 — GRADING, EXCAVATION AND EMBANKMENT The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction. (Latest Edition). Excess fill removed to be delivered to Indian River County to a site designated by the County Engineer. This item shall include all excavation of whatever kind, including subsoil, if necessary, for the roadway, drainage channels, removal of existing pavement, structures and any other work normally included in Section 120-7. Also included is all work necessary to construct all necessary embankments, including compaction of same, normally included in Section 120-8 and 102-9. Grading of swales and the construction of all earthwork necessary to achieve the final elevations, lines, grades and contours shown on the plans shall be included in this item. No other additional payment will be made for any earthwork, grading or excavation. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 120 - Grading — Lump Sum 01025-13 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc ITEM 108 - AS -BUILT DRAWINGS During the entire construction operation, the contractor shall maintain records of all deviations from the Drawings and Specifications and shall prepare them from a record of drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed. The following items are required to be shown on County project record drawings: A. Right -of -Way Swale/Drainage - All culverts inverts; Swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. Be Structures — Station and offset for all structures, inverts, grate elevation, and bottom elevations. C. Sidewalk — Back of sidewalk elevations at every 100' station. Record drawings shall conform to recognized standards of drafting, shall be neat and legible. County will supply Contractor with AutoCAD 14 drawings on compact disk or 3.5" floppy disks. Contractor will input As -Built information on drawings and return to County. Contractor's surveyor will sign and sealed six (6) sets of record drawings. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 103 - As -Built Drawings - Lump Sum ITEM 160 — STABILIZATION "TYPE B" A. Sub Article 160-5.1 is modified by the addition of the following: "The stabilization thickness indicated on plans shall be considered a minimum thickness. Thickness will vary to conform to the lines, and grades shown in the plans." Minimum L.B.R. = 40 - No under -tolerance. Be Payment shall be made under: Item No. 1604-1 - Type B Stabilization (12") - Square Yard Item No. 160-4-1 - Type B Stabilization (8") - Square Yard Item - 285 CEMENTED COQUINA SHELL BASE A. Sub Article 285-4 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will 01025-14 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specification s.doc be made for base thickness in excess of the specified thickness 3. Be Payment shall be made under: Item No. 285-704 - Optional Base Group 4 (8") - Square Yard Item No. 285-706 - Optional Base Group 6 (8") - Square Yard ITEM 334 ASPHALTIC CONCRETE A. Sub -article 334-8.1 is modified by the addition of the following: The pay adjustmentwill be computed by multiplying a Composite Pay Factorforthe LOT by the bid price per square yard. Sub -article 334-8.3 is modified by the addition of the following: The pay adjustment shall be computed by multiplying a Composite Pay Factor for the LOT by the bid price per square yard Be Payment shall be made under: Item No. 334-1-13 — Superpave Asphaltic Concrete- 1 Y2 SP 12.5 — Square Yard. Item No. 337-7-32 — Superpave Asphaltic Concrete- 1" , SP 9.5 — Square Yard. ITEM 327 MILLING EXISTING ASPHALTIC CONCRETE The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 327-70 — Milling Existing Asphalt Pavement — Square Yard ITEM 327 EXISTING ASPHALT REMOVAL The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). 01025-15 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc ITEM 327 EXISTING ASPHALT REMOVAL The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 1104 — Removal Existing Asphalt Pavement — Square Yard ITEM 339 MISCELLANEOUS ASPHALTIC PAVEMENT The work specified in this item shall conform to Section 339 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 339-1 — Miscellaneous Asphalt Pavement — Square Yard ITEM NO. 400 — CLASS II CONCRETE (ENDWALL) The work specified in this item shall conform to Section 400 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 400-2-2 — Class I Concrete (Endwall) — Cubic Yard ITEM NO. 430-1-3 — CLASS III CONCRETE CULVERT PIPE The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-1-3-33 — Class III (30") Concrete Culvert Pipe — Linear Foot Bid Item No. 430-1-340 — Class III (42") Concrete Culvert Pipe — Linear Foot Bid Item No. 430-1-3-41 — Class III (48") Concrete Culvert Pipe — Linear Foot 01025-16 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc ITEM NO. 430=3 — BCCMP CULVERT PIPE The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-3-125 — 18" BCCMP Culvert Pipe — Linear Foot ITEM NO. 425.1 INLETS AND MANHOLES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1-541 — Inlet, Type "D" — Each Bid Item No. 425-1-551 — Inlet, Type "E" — Each Bid Item No. 425-1-351 — Inlet, Type "P-5" — Each Bid Item No. 425-1-361 — Inlet, Type "P-6" — Each Bid Item No. 425-241 — Inlet, Type "P-7" Partial — Each Bid Item No. 425-1-243 — Inlet, Type "P-8" — Each Bid Item No. 425-2-61 — Junction Box Type "P" or "J" -- Each ITEM NO. 520=1 —10 CONCRETE CURB AND GUTTER The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 520-1-10 — Concrete Curb and Gutter Type "F" — Square Yard Bid Item No. 520-3 — Concrete Valley Gutter — Square Yard ITEM NO. 522=1 — 4" THICK SIDEWALKS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). 01025-17 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc Payment for the work specified in this item shall be made under: Bid Item No. 522-1 — Concrete Sidewalk — Square Yard ITEM NO. 522-2 — 6" THICK SIDEWALKS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 522-2 — Concrete Sidewalk — Square Yard ITEM NO. 575A — SOD (BAHIA) The work specified for this item shall conform to Section 575 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition). Bahia sod will be used for all disturbed areas. Fertilizer and water will be included in this work. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 575-1-1 — Sod (Bahia) — Square Yard ITEM NO. 1643400 VALVE BOX ADJUST Cost of valve nut extenders shall be included in cost of valve box adjustments where needed. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 1643 — 700 Valve Box Adjust. — Each 01025-18 Technical Specifications FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc + + END OF SECTION + + 01025-19 Technical Specifications F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\Technical Specifications.doc APPENDIX `A' PERMITS INDIAN RIVER FARMS WATER CONTROL DISTRICT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Appendix A -Permits F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\APPENDIX A - Permits.doc INDIAN RIVER FARMS WATER CONTROL DISTRICT 4400 20th Street Vero Beach, Florida 32960 (772) 562-2141 APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date: l III t 7Or A. Applicant Information: Name: Addres No. 0 Jr � CR Authorized Agent and Title: An4o6rq LWF rn r Di rc.Gkor n- Land U=ek , ,n n�' Telephone Number: (9 S 4) 7 5 3 1 jd B. Proposed .Connection or Use: (check appropriate box or boxes) NON-REFUNDABLE 4 Culvert connection to District canal for irrigation ordry $100.00 ❑ Pump connection to District canal for irrigation or drainage $300.00 ❑ Culvert and/or control structure in District canal for crossing and/or water storage $200.00 ❑ Other (specify) $100.00 r - -- r2,tcr3�4' 57, 02,,ts i Co Location: Tract Section 3S Township -33 , Range 39 _, Canal No. 6-1® Other appropriate description: s, new AA.444. Property I.D. Parcel No.: - 60001 - eeuo- a 00o i v - ooroo - 0000i p� Attach drawing to show details (include acreage to be served). 600 01, � 1.OizUO4 40a 00 o, oiao � ,, flans Akkaehed: %ILt ltxt! i Rf�GB /i5 BII leliv a'irr,,yr. c,u.s,` k•'Oudnu .t'.m� 1 -r 1 -ds D. Details of proposed Construction: (Give diameter and length of culvert; diameter and rated capacity of pump; height and width of riser or other details on water control structure.) 'Za2LF 30eAtG' Pipe 0DiSC.t\ar5& -!�rom conk-ro\ 5}rvckur2 (3 SN\i 14,9c) E. Special Conditions: (for District use only) F. Estimated Date of Construction Commencement: a� oS Estimated Date of Construction Completion': (1 e 06 G. As the Applicant for permit, I do understand and agree that: 1. The use of, or construction within, the right-of-way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permitconditions shown hereon, supporting this application; and if any changes are required, same will be cleared with the District. (Cotttttued on Reverse hereof) Signed: Date ta't' i' 1 q 1) ----------------------------------------- (For Distric Use Only) Application approved by: Application approved by: for the for Carter Date of approval: -Z-ZZ-VS Expiration Date of this approved application: tepZ Z - Farms Water Control District , Inc., Engineer for District PERMISSION; WHEN GRANTED, WILL BE SUBJECT TO THE STANDARD PROVISOS SET FORTH ON THE REVERSE HEREOF. a 4 fi U TA 4 m s .: •' 4049 Reid Street P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 3294500 On the Internet at www.sjrwmd.com, October 3, 2007 IRC Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 SUBJECT: Permit Number 40-061-108987-1 20th Avenue SW from 25th Street SW to 17th Lane SW Dear Sir/Madam: Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on October 3, 2007. This permit is a legal document and should be kept with your other important documents. The attached MSSW/Stormwater As -Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed. By so doing, you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As -Built Certification Form, your permit also contains conditions which require submittal of additional information. All information submitted as compliance to permit conditions must be submitted to the Palatka office address. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction for this work. Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication, using the District form, notifies members of the public (third parties) of their rights to challenge the issuance of the general permit. If proper notice is given by publication, third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time, If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your use. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale and if you provide the information required by 40C- 1.612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new property owner. GOVERNING BOARD David G. Graham, CHAIRMAN Ann T. Moore, SECRETARY Duane L. Ottenstroer, TREASURER Susan N. Hughes JACKSONVILLE BUNNELL JACKSONVILLE PONTEVEDRA Michael Ertel Hersey "Herky" Huffman Arlen N. Jumper William W. Kerr W. Leonard Wood Thank you for your cooperation, and if this office can be of any further assistance to you, please do not hesitate to contact us. Sincerely, 110 Jo Ann Fuqua Service Center Data Management Supervisor Division of Permit Data Services Enclosures: Permit with As -built Certification Form Notice of Rights List of Newspapers for Publication cc: District Permit File Consultant: ARCADIS G & M Inc 2081 Vista Parkway West Palm Beach, FL 33411 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 321784429 PERMIT NO. 40-061-108987=1 DATE ISSUED: October 3, 2007 PROJECT NAME: 20th Avenue SW from 25th Street SW to 17th Lane SW A PERMIT AUTHORIZING: Modification of an existing Surface Water Management System with stormwater treatment by best management practices and swales for 20th Avenue SW from 25th Street SW to 17th Lane SW, a 10.37 -acre project to be constructed as per plans received by the District on September 10., 2007. LOCATION. Section(s): 35 Township(s): 33S Range(s): 39E Indian River County IRC Board of County Commissioners 1.840 25th Street Vero Beach, FL 32960 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes: PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated October 3, 2007 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: (Service Center Director - Palm Bay) John Juilianna "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061408987-1 IRC BOARD OF COUNTY COMMISSIONERS DATED OCTOBER 3, 2007 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. ,:4:, Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C4.900(3) indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40C4.900(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit: When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3. Dimensions, elevations; contours, or cross-sections of all treatment storage areas sufficient to determine state -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; 4. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; 5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance 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 surrey. 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 start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 40C4 or chapter 40C-40, F.A.C. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the 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 rule 40C-1.1006, F.A.C., 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 rule 40CA.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at anytime 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. 22. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. - 23. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of°this permit. 24. The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted. If a required inspection reveals that the system is not functioning as designed and permitted, then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C- 42.900(6), Exceptions Report for Stormwater Management System Out of Compliance. The operation and maintenance entity must maintain a record of each required inspection, including the date of inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. 25. The surface water management system must be constructed and operated in accordance with the plans received by the District on September 10, 2007. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(a?_sirwmd.com, within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and. Chapter 28-106, Florida Administrative Code, The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the Governing Board takes action that substantially differs from the notice of District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1:1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28=106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 2&106.201, Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sirwmd..com. These conditions include, but are not limited to, the petition being in the form of a PDF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code), 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. A person with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application, apply for a special magistrate proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the Office of the District Clerk located at District Headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above: (Paragraph 70,51(10)(b), Florida Statutes). However, the filing of.a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate proceeding. (Subsection 70.51(10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding. (Subsection 70.51(3), Florida Statutes). Notice Of Rights 11. Any person whose substantial interests are or may be affected who claims that final - action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final District action, (Section 373.617, Florida Statutes), 12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk. 15. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos. 11 and 12 above, or for Commission review as described in paragraph no. 13 above, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: IRC Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 At 4:00 p.m. this 3rd day of October, 2007. Division of Permit Data Services Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 3294152 Permit Number: 40-061=108987-1 Ste Johs R-iver r11�r■/a a �. Water Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • PO. Box 1429 Palatka, rL 32178=1429 • (386) 329.4500 �j r� �,jr� (;I v0 On the Internet at WWW.sjrwmd.com. J July 13, 2004 Falcon Trace of Vero Beach, LLC 28000 Spanish Wells Blvd Bonita Springs, FL 34133 SUBJECT: Permit Number 4061-80717-3 'Falcon Trace Dear Sir/Madam: Enclosed is your permit as authorized by the Governing. Board of the St. Johns River Water Management District on July 13, 2004. This permit is a legal document and should be kept with your other important documents. The attached MSSW/Storrnwater As -Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed. By so doing, you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As -Built Certification Form, your permit also contains .conditions.which require submittal of additional information. All information submitted as compliance to permit conditions must be submitted to -the Palatka office address. Permit issuance does not relieve you from the responsibility -of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction for this work. 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 hesitate to contact us. r� Enclosures: Permit with EN Form(s), if applicable cc: District Permit File Agent: Knight, McGuire &:Associates Inc -80 Royal Palm Blvd Suite 401 _ Vero Beach, FL 32960=4229 GOVERNING BOARD Ometrias-D. Lonn, CHAIRMAN David G. Graharn. VICECHAIRMAN G r`.Idv Alhrinint 0""r r...., ST. JOHNS'RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-i 429 PERMIT NO. 4=061-80717-3 DATE ISSUED: July 13, 2004 PROJECT NAME: Falcon Trace A PERMIT AUTHORIZING: Construction of a surface water management system for a 286.55 -acre single-family residential subdivision. LOCATION. Section(s): 35 Indian River County ISSUED TO: Falcon Trace of Vero Beach, LLC 28000 Spanish Wells Blvd Bonita Springs, FL 34133 Township(s): 33S Range(s) 39E Permittee agrees to hold and save,the St.. Johns River Water Management District and its successors harmless from any and all. damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does.not convey to permittee any property rights nor any rights or privileges other than those specified therein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes: PERMIT IS CONDITIONED UPON. See conditions on attached "Exhibit A", dated July 13, 2004 AUTHORIZED BY: St. Johns River Water Management District By: Department of Water Resources (Director) Governing Board (Assistant Secretary) "EXHIBIT A" CONDITIONS FOR ISSUANCE- OF PERMIT NUMBER 4-067-80717-3 FALCON TRACE OF VERO BEACH, LLC DATED JULY 13, 2004 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or, a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 4. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to'Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by -reference, unless a project specific erosion and sediment. control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound.Land and Water Management (Florida Department. of Environmental. Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has. temporarily or permanently ceased. 6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C4.900(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 -Jot 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 carving out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the. system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to .transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a. registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit. When the completed system differs substantially from the . permitted plans, any substantial deviations shall be. noted and explained and two copies of as -built drawings submitted to the District, Submittal of the completed from shall serve to notify the District that the system is ready for inspection. The statement.of completion and certification shall be based on on-site observation of construction (conducted by the ..registered professional engineer, or other appropriate individual as authorized -by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance. with approved plans and specifications. As drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine state -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate.; 4. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine #low 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 start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 40C-4 -or chapter 40C40, F.A.C. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or. any use of the permitted system. 15. Any delineation of the extent of a wetland or other surfade`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 required as a result of any permit violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20. -This permit for construction will expire five years from the date of issuance. 21. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or. placement of impervious surface within the area. to be served by those facilities. 7o prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 22. All wetland areas or water bodies that are outside the specific limits.of construction . authorized by this permit must be protected from erosion, siltation, scouring or excess _ turbidity, and dewatering. 23. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 24. The wetland mitigation areas must be planted prior to any of the following events (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. 25. The Permittee must furnish the District with two copies of an annual monitoring report in the month of August on District form EN -55, for the time period stated in this permit's success criteria condition. 26. In the event that 50% 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. 27. The surface water management system must be constructed and operated in accordance with the plans received by the District on May 24, 2004 and as revised on Sheets 20 and 22 received by the District on May 27, 2004. 28. Prior to construction, the conservation boundary for the on-site mitigation areas must be surveyed and flagged or monum.ented with tall PVC pipes or stakes. Immediately upon completion of the initial clearing around the conservation areas, a silt fence must be installed around the boundary of the conservation easement area. 29. Prior to commencement of construction, the permittee shall submit to the District an executed State of Florida Stand By Trust Fund Agreement for mitigation in the amount of $113,997.40. The State of Florida Stand, By Trust Fund Agreement shall be approved in form and content by the District's Office of General Counsel. The permittee shall annually submit to the District a statement confirming the value of the trust, at least thirty days prior to the anniversary date of establishment of the fund. The trust fund must be maintained until the District determines that the mitigation is successful. 30. The Permittee must notify the District by certified mall of the commencement of a voluntary or involuntary proceeding under Title XI (Bankruptcy), U.S. Code; naming the .permittee as debtor within 10 business days after the commencement of the proceeding. 31. The permittee shall be deemed to be without the required financial assurance in the event of bankruptcy, insolvency, suspension or revocation of the license.or charter of the issuing institution. The permittee must reestablish a financial responsibility mechanism within 60 days after such an event, with the form and content of the financial responsibility mechanism approved by the District's Office of General Counsel. 32.0hen transferring a permit in accordance with Section 40C4.351, F.A.C., the new owner or person with legal control shall submit documentation to satisfy the financial responsibility, requirements of subsections 12.3.7 through 12.3.7.9 of the ERP Applicant's Handbook. The prior owner or person with legal control of the project shall continue the financial responsibility mechanism until the District has approved the permit transfer and substitute responsibility mechanism. 33. Both the on-site and off-site mitigation activities must commence concurrentowith wetland impacts and must be completed prior to use -of the infrastructure. 34, Prior to commencing on-site and off-site wetland mitigation activities, staff gauges must be installed. The proposed location of the staff gauges must be submitted for District approval prior to installation. 35, The limits of clearing within Wetland B must be flagged and the flagging approved by District staff prior to commencing mitigation activities in Wetland B: A planting plan for the disturbed area must also be submitted -for District approval prior to commencing mitigation activities. 36. Prior to the sale of any lot or use of the infrastructure for its intended use, whichever occurs first; the permittee must complete the construction of the split rail fences and plant the back slope of the lots adjacent to the conservation easement area in accordance with Typical Buffer Planting Detail on Sheet 15 of the plans received by the District on May 24, 2004. The fences and backsiope plantings must be maintained and remain in place in perpetuity. Any change in the type of fencing must be submitted to the District for approval. 37. The on-site and off-site mitigation must be conducted in accordance with the submittal by Biological Research Associates received by the District on May 71 2004. The off-site mitigation must be constructed in accordance with the plan by Masteller & Moler, Inc'. received by the District on April 30, 2004. 38. Baseline and annual monitoring of the on-site and off-site mitigation areas must be conducted in accordance with the submittal by Biological Research Associates received by the District on May .7, 2004 with the exception of water level data to bo'collected in the on= site and off-site mitigation areas quarterly each year of monitoring. 39. Successful wetland enhancement of both the on-site and off-site mitigation areas will .have occurred when: A. non-native and nuisance vegetation, such as cattails (Typha spp.), primrose.willow (LudWigia peruvianna), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina sp.), Meialeuca sp., -and climbing fern (Lygodium sp.) constitute no more than 5% of the areal cover in each stratum; B. Hydrologic conditions generally conform to hydroperiods and water levels.found in existing wetlands of the same type and those specified in the mitigation plan; and, C. The -above criteria have been achieved by the end of a 3 -year period following initial planting. 40. The permittee must submit two copies of an as -built survey of the off-site wetland restoration mitigation areas certified by a registered surveyor or professional engineer showing dimensions, grades, ground elevations, water surface elevations, and species composition.,. numbers and densities. The as -built must be submitted prior to planting of the restoration areas. 41. Successful establishment of the off-site wetland restoration mitigation areas will have occurred when: A. At least 80 percent of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, based .upon standard growth parameters such as height and base diameter, or canopy circumference; B, At least 80 percent cover by appropriate wetland herbaceous species has been obtained; C. Hydrologic conditions generally conform to the hydroperiod and water levels found in the adjacent existing wetlands and those specified in the mitigation plan; and, D. The above criteria have been achieved by the end of a 3 -year period following initial planting. 42. If successful establishment of any of the mitigation areas has not occurred as stated above, the permittee must apply to the District for a 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. 43. The conservation easement areas must be clearly shown in a visual display in clear view of the public in the subdivision's sales center. It must be stated in this display that no construction or clearing of .any kind is authorized within the conservation easement areas. This display must be posted prior to any lot sales. 44. The upland buffer must be planted in accordance with the submittal by Biological Research Associates received by the District on May 7, 2004. 45. The off-site mitigation parcels must be donated to and -accepted by Indian River. County within 30 days of completion of the wetland restoration and enhancement activities. The permittee must submit documentation that the donation has been completed within the 30 - day period specified above. 46. Successful establishment of the upland buffer will have occurred when: A. At least 80 percent of the planted individuals in each stratum have survived throughout the 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. The above criteria have been achieved by the end of a 3 -year period following initial planting. 47. This permit requires the recording of a conservation easement for the on=site mitigation areas. Description of Conservation Easement Area The permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation -easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days prior to (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required, (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision plat, or (5) use of the infrastructure for its intended use, whichever occurs first. If the impacts to an upland within a Riparian Habitat Protection Zone or to a wetland or surface water for which mitigation is required will occur in discrete phases, the areas to be preserved to offset such impacts maybe placed under conservation easement in phases such that -impacts are offset -during each phase. Such phasing of preservation shall only occur if it has beenproposed in the mitigation plan and approved by the permit; or if it is approved in writing by the District. A surveyor's sketch and legal description of the area to be placed under conservation easement during each phase must be submitted in accordance with the previous paragraph. Recording of Conservation Easement Prior to (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required, (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision plat, or (5) use of the infrastructure for its intended use, whichever occurs first, the permittee shall record a conservation easement which shall include restrictions on the real property pursuant to section 704.06, Florida Statutes, and be consistent with section 12.3.8, Applicant's Handbook, Management and Storage of Surface Waters (April 10, 2002). The conservation easement shall be in the form approved in writing by the District and, if no plat has been submitted, the easement shall include the approved legal description and surveyor's sketch. If the District does not approve the preliminary plat or surveyor's sketch and legal description within 45 days of receipt, then the permittee may record the conservation easement with the legal description and surveyor's sketch or plat reference previously submitted. Pursuant to section 704.06, Florida Statutes, the conservation easement shall prohibit all construction, including clearing, dredging, or filling, except that which is specifically authorized by'this permit, within the mitigation areas delineated on the final plans and/or mitigation proposal approved by the District. The easement -must contain the provisions set forth in paragraphs 1 -(a) -(h) of section 704.06, Florida Statutes, as well as provisions indicating that the easement may be enforced by the District, and may not be amended without written District approval. Additional Documents Required The permittee shall ensure that the conservation easement identifies, and is executed by, the correct grantor, who must hold sufficient record title to the land encumbered by the easement. If the easement's grantor is a partnership, the partnership shall provide to the District a partnership affidavit stating that the person executing the conservation easement has the legal authority to convey an interest in the partnership land. If there exist any mortgages on the land, the permittee shall also have each mortgagee execute a consent and jetnder of mortgagee subordinating the mortgage to the conservation easement. The consent and joinder of the mortgagee shall be recorded simultaneously with the conservation easement in the public records of the county where the land is located. Within 30 days of recording, the permittee shall provide the District with: (a)°the original recorded easement (including exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (if applicable), (c) a surveyor's sketch of the easement area plotted on the appropriate USGS topographic map, and (d) the original recorded consent and joinder(s) of mortgagee (if applicable). Demarcation of Conservation Easement Area Prior to lot or parcel sales, all changes in _direction of the easement area boundaries must be permanently monumented above ground on the project site. .t 48. This permit requires the recording of a conservation easement for the off-site mitigation area. Description of Conservation Easement Area The .permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days, prior to commencing construction. Recording of Conservation Easement. Prior to commencing construction, the permittee shall record a conservation easement, which shall include restrictions on the real property pursuant to section 704.06, Florida Statutes, and be consistent with section 12.3.8, Applicant's Handbook, Management and Storage of Surface Waters (April 10, 2002). The conservation easement shall be in the form approved in writing by the District and, if no plat has been submitted, the easement shall include the approved legal description and surveyor's sketch. If the District does not approve the preliminary plat or surveyor's sketch and legal description within 45 days of receipt, then the permittee may record the conservation easement with the legal description and surveyor's sketch or plat reference -previously submitted. Pursuant to section 704.06, Florida Statutes, the conservation easement shall prohibit all construction, including clearing, dredging, or filling, except that which is specifically authorized by this permit, .within the mitigation areas delineated on the final plans and/or mitigation proposal approved by the District. The easement must contain the provisions set forth in paragraphs 1(a)=(h) of section 704.06, Florida Statutes; as well as provisions indicating that the easement may be enforced by the District, and may not be amended without written District approval. Additional Documents Required The permittee shall ensure that the conservation easement identifies, and is executed by, the correct grantor, who must hold sufficient record title to the land encumbered by the easement: If the easement's grantor is a partnership, the partnership shall provide to the District. a partnership affidavit stating that the person executing the conservation easement has the legal authority to convey an interest in the partnership land.. If there exist any mortgages on the land, the permittee shall also have each mortgagee execute a consent and joinder of mortgagee subordinating the mortgage to the conservation easement. The consent and joinder of the mortgagee shall be recorded simultaneously with the conservation easement in the public records of the county where the landois located. Within 30 days of recording, the permittee shall provide the District with: (a) the original recorded easement (including exhibits) showing the.date it was recorded and the official records book and page number, (b) .a copy of the recorded plat (if applicable), (c) a surveyor's sketch of the easement area plotted on the appropriate OSGS topographic map, and (d) the original recorded consent and joinder(s) of mortgagee (if applicable). Demarcation of Conservation Easement Area Prior to donation of the conservation area to Indian River County, all changes in direction of the easement area boundaries must be permanently monumented above ground with fireproof materials, including the SJRWMD Permit Number, Mitigation Project Name and boundary definition on the project site.