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HomeMy WebLinkAbout2008-225A14.06 Final inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 00700-42 FAEnginseringTapital Projects\0217-Powerline RcadXBid Documents100700 - General Conditions.doc 00700 - General Conditions .. - �- - - 11 04 - - - - _ . IT . - .. .- 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 00700-42 FAEnginseringTapital Projects\0217-Powerline RcadXBid Documents100700 - General Conditions.doc 00700 - General Conditions c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application. for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 01630-2 01630 Substitutions FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\01630 - Substitutions.doc 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's hourly rate for review is $128 per hour. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 01710 Site Cleanup 01710-1 FAEngineering\Capital Projects\0217-Powedine Road\Bid Documents\01710 - Site Cleanup.doc G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. I. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, INDIAN RIVER FARMS WATER CONTROL DISTRICT, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\01710 - Site Cleanup.doc SECTION 01720 Record Documents 1.1 GENERAL A. Maintain and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified in Divisions 2-16 or the Supplementary Conditions, B. Maintenance of Documents: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. C. Recording: 1. Label each document "PROJECT RECORD" in 2 -inch high printed letters. 2. Keep record documents current. 3. Do not permanently conceal any Work until required information has been recorded. 1.2 RECORD DRAWINGS During the entire construction operation, the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom "record" drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed. The following items are required to be shown on County project record drawings: 1. Right-of-way Swale/Drainage — All culvert inverts; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, stations and offsets. 3. Outfalls — All pipe inverts, weir box elevations, weir elevation, and sizes. 4. Roadway/Off Site Drainage — All inverts; manhole top elevation; grate top elevations. 5. Retention Ponds — Perimeter elevations, grade breaks, depths, and calculate pond area at control elevation and grade breaks above water surface. 01720 Record Documents 01720-1 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\01720 - Record Documents.doc 6. Roadway: a. Elevations of PVI at Profile Grade Line (PGL). b. Edge of pavement elevations at curb inlets. c. Install new roadway alignment control points upon final roadway completion. Include all intersections and side streets. Latitude, departure and elevations for all control points. d. Stations and offsets, all structures. 7. Utilities: Record Drawings for water and sewer utilities shall comply with Drawings M-15, M16, M1 6(A), M1 6(13) of the Indian River County Department of Utility Services Water and Wastewater Utility Standards dated September 1, 2004. 1.3 AS-BUILTS A. CONTRACTOR shall submit marked up Record Drawings to COUNTY. COUNTY will input As -Built information on Electronic Drawing files. B. COUNTY shall deliver to CONTRACTOR seven (7) sets of As- Builts plotted from electronic files with the marked up Record Drawings. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts. CONTRACTOR shall return marked up Record Drawings and six (6) sets of signed and sealed As-Builts to COUNTY. D. AS-Builts record survey shall meet minimum technical standard as set forth by Chapter 61 G17-6 Minimum Technical Standards F.A.C. Please follow attached checklist under Appendix C. E. Payment for Record Drawings, Review of Electronic As-Builts and signing and sealing As-Builts shall be made under Pay Item No. 108-1 — Record Drawings — Lump Sum. 1.4 ACCURACY The CONTRACTOR will be held responsible for the accuracy of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. 1.5 SUBMITTAL Upon Substantial Completion of the Work, deliver Record Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received by ENGINEER. 01720 Record Documents 01720-2 FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\01720 - Record Documents.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Substantial Completion, the OWNER will make arrangements with the ENGINEER and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and ENGINEER shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 01820 Post Final Inspection 01820-1 F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\01820 - Post Final Inspection.doc ITEM NO. 1 ITEM NO.4 ITEM NO, 101 ITEM NO. 102 ITEM NO. 104 ITEM NO. 108 ITEM NO, 110 ITEM NO, 113 ITEM NO. 120 ITEM NO, 160 ITEM NO. 285 ITEM NO. 334 ITEM NO. 575 ITEM NO, 580 ITEM NO. 1000 DIVISION 2 TECHNICAL PROVISIONS Standard Specifications Scope of Work Mobilization Maintenance of Traffic Erosion and Water Pollution Control As -Built Drawings Clearing and Grubbing Construction Schedules Excavation and Embankment Stabilizing Optional Base Course Superpave AsphalticConcrete Sodding Landscape Installation Water and Sewer Utilities F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents.doc ITEM NO 11 =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, 2007, 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, Supplemental, 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., it shall be taken to mean the Registered Professional Project Engineer of Indian River County, Florida 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. The work to be performed per sheet U1 of the construction plans and line items IRCUD-1 through 8 shall conform to the applicable technical specifications of Indian River County Department of Utility Services, Water, Wastewater, Utility Standards Dated July, 2007. The work to be performed per sheets P1 and P2 of the construction plans and line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometries Dated September 5, 2000, ITEM NO. 4w Scope of Work Section 4-3.9 Value Engineering Incentive is deleted in its entirety. 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. (2006 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum 01025-1 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2006 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 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. 01025-2 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, V VIIV INV\.V.• Edition as dated on the plans 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. 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 WAKNINU UtvlUr.0 HIVU D/`\r[r\IGRQ 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. F. Non -Compliance: Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern, the contractor shall have until the end of the working day, in which notification is given, to take action to modify the maintenance of traffic. Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied. G. Contractor's Maintenance of Traffic Plan shall maintain continues vehicular traffic on Powerline Road at all times. The Contractor shall maintain one lane of traffic at all times during Powerline Road cross drain culvert constructions. Owner shall have option to fine the Contractor $1,000.00 per day for Maintenance of Traffic Plan non- compliance. 01025-3 Technical Specifications FAEngineeringZapital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic - Lump Sum PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. C. The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings or herein, implement additional best management practices as necessary, in accordance with. Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix «B„ D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix "B." If there is a conflict between the referenced Chapter 4 and these Specifications, the more stringent requirement shall prevail. 01025-4 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 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) 9844940 to determine which permit is required and the associated statutory requirements; and 2. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities. Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www,dep,state.fl.us/water/stormwater/npdes/ 3. Florida Department of Environmental Protection (FDEP) "Notice of Intent to Use Generic Permit for Stormwater Discharge From Construction Activities That Disturb one or More Acres of Land and Contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system (MS4) permit application form. Contact FDEP at (407) 894-7555 or (850) 921-9904; and 4. U.S. Environmental Protection Agency (EPA) Notice of Intent (NOI) for Storm Water Discharges Associated With Construction Activity Under a NPDES General Permit." B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut= down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment 01025-5 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. D. Inspect each pollution control system at least once per day. Clean and maintain each pollution control system as required by its manufacturer or the OWNER, until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. E. Discharge shall not violate State or local water quality standards in the receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable regulatory agency and the ENGINEER. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 01340 Supplementary Conditions to the General Conditions. B. Stormwater Pollution Prevention Plan, F9 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 01025-6 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 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. I'M I uTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFI 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 Fife, 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 62-302.5301 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 discharge water's TSS and turbidity measurements exceed these pre - construction background values by 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge is defined to be polluted whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 01025-7 Technical Specifications F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc R NONCOMP 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 strength = 120 pounds. The heavy-duty filter fabric shall be pre - attached to 484ch long stakes on 6 -foot centers. (1-800448- 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. 01025-8 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc a. Parker Systems, Inc. (1-866-472-7537), model Type I. b. Or equivalent. C. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag. The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4 -inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1- 800-591-2284). c. Or equivalent. D. 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- 800448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819), c. Or equivalent. 01025-9 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc E. 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. F. 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, G. Hay Bales: Hay bales shall not be used. 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. 104-1 - Erosion and Water Pollution Control - Lump Sum (The rest of this page intentionally left blank) 01025-10 Technical Specifications F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications. doc .� (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 saidstate tate to administer oaths, comes 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: POWERLINE ROAD FROM C.R. 510 NORTH TO SEBASTIAN CITY LIMITS 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 120 Notary Public My Commission expires: + + END OF SECTION + + 01025-11 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 108-1 - AS -BUILT 1.1 GENERAL_ A. Maintain and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified in Divisions 2-16 or the Supplementary Conditions, B. Maintenance of Documents: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. C. Recording: 1. Label each document "PROJECT RECORD" in 2 -inch high printed letters. 2. Keep record documents current. 3. Do not permanently conceal any Work until required information has been recorded. 1.2 RECORD DRAWINGS During the entire construction operation, the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom "record" drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed. The following items are required to be shown on County project record drawings: 1. Right-of-way Swale/Drainage — All culvert inverts; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, stations and offsets. 3. Outfalls — All pipe inverts, weir box elevations, weir elevation, and sizes. 4. Roadway/Off Site Drainage — All inverts; manhole top elevation; grate top elevations. 01025-12 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 5. Retention Ponds — Perimeter elevations, grade breaks, depths, and calculate pond area at control elevation and grade breaks above water surface. 6. Roadway: a. Elevations of PVI at Profile Grade Line (PGL). b. Edge of pavement elevations at curb inlets. C. Install new roadway alignment control points upon final roadway completion. Include all intersections and side streets. Latitude, departure and elevations for all control points. d. Stations and offsets, all structures. 7. Utilities: Record Drawings for water and sewer utilities shall comply with Drawings M-159 M16, M16(A), M16(B) of the Indian River County Department of Utility Services Water and Wastewater Utility Standards dated September 112004, 1.3 AS-BUILTS A. CONTRACTOR shall submit marked up Record Drawings to COUNTY. COUNTY will input As -Built information on Electronic Drawing files. B. COUNTY shall deliver to CONTRACTOR seven (7) sets of As- Builts plotted from electronic files with the marked up Record Drawings. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts. CONTRACTOR shall return marked up Record Drawings and six (6) sets of signed and sealed As-Builts to COUNTY. D. AS-Builts record survey shall meet minimum technical standard as set forth by Chapter 61G17-6 Minimum Technical Standards F.A.C. Please follow attached checklist under Appendix C. E. Payment for Record Drawings, Review of Electronic As-Builts and signing and sealing As-Builts shall be made under Pay Item No. 108-1 — Record Drawings — Lump Sum. 1.4 ACCURACY The CONTRACTOR will be held responsible for the accuracy of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. 1.5 SUBMITTAL Upon Substantial Completion of the Work, deliver Record Drawings to ENGINEER. Final payment will not be made until satisfactory record 01025-13 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc documents are received by ENGINEER. 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 108-1 - As -Built Drawings - Lump Sum + + END OF SECTION ++ 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 01025-14 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 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) 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 01025-15 Technical Specifications FAEngineenng\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 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. 113 — CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes .occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, 01025-16 Technical Specifications F:\Engineedng\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc submit revised monthly progress schedules with that month's application for payment. 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION ++ 01025-17 Technical Specifications F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc Item -120 Excavation and Embankment A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the Standard Specifications. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor to coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. No A-8 material permitted in embankment. E. Payment shall be made under: Item No. 120-1 — Excavation Regular — Per Cubic Yard Item No. 1204 - Subsoil Excavation - Per Cubic Yard Item No. 120-6-1 - Embankment - Per Cubic Yard 01025-18 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications. doc Item -160 Stabilizing 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. B. Payment shall be made under: Item No. 1604-1 - Type B Stabilization (12") - Per Square Yard Item - 285 Optional Base Course 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 be made for base thickness in excess of the specified thickness 3. B. Payment shall be made under: Item No. 285-707 - Optional Base Group - Per Square Yard Item - 334 Superpave Asphaltic Concrete A. Sub -article 334-8.1 is modified by the addition of the following: The pay adjustment will 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 B. Payment shall be made under: Item No. 334-1-113 — Superpave Asphaltic Concrete- SP 12.5 — Square Yard. Item No. 334-1-213 — Superpave Asphaltic Concrete- SP 9.5 — Square Yard. 01025-19 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc Item - 575 Sodding A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing in accordance with Section 104-7.2, to be mowed at 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". Co Guarantee: All sodded areas shall be guaranteed for three months after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 16-4-8. Fertilizer shall include iron, minor nutrients and trace elements. At least 50 percent of the nitrogen shall be derived from organic sources. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1,000 square feet. E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-5 and 2.34.13. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free . from debris. 01025-20 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth, of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 Y2' below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall 01025-21 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 575-5. The first two paragraphs under this Article are deleted and the following substituted: The contract unit price for sodding shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. L. Payment shall be made under: Item No.: 575-1-1 - Sodding (Bahia) - Per Square Yard Item No.: 575-1-A — Hydro Seed - Per Square Yard Item - 580 Landscape Installation A. Sub -article 580-3.1 Delivery is modified by the addition of the following: The Cabbage Palm and the Live Oaks specified in the Itemized Bid Schedule will be delivered to the County owned 6 acre tract of land just off of Oslo Road across from the University of Florida's Entomology Lab and adjacent to the existing Oslo Riverfront Conservation Area. B. Sub -article 580-3.2 Layout is modified by the addition of the following. Mark proposed planting beds and individual locations of trees and plants per the direction of Ken Oristaglio, Senior Environmental Planner (Environmental Department: Tel 772-226-1215). Make no changes to the layout, materials or any variations of plant materials from the Contract Documents without the written approval of Ken Oristaglio. Item —1000- Water and Sewer Utilities A. Water Utilities The water utilities for this project shall be constructed per the "Indian River County Department of Utility Services Water & Wastewater Standards", latest edition. This document can be purchased from Indian River County Utilities, 01025-22 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc Relocation of existing fire hydrants shall include the cost of all pipe, fittings, thrust blocks, retaining rods, trenching grading, and incidental items associated with relocation. Pay Item No. 1644-800 - Fire Hydrant (Relocation) - Each B. Sewer Utilities The sewer utilities for this project shall be constructed per the "Indian River County Technical Specifications", latest edition. This document can be purchased from Indian River County Utilities. C. Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center line. Backfill shall be compacted in 6" lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders and 95 percent in easements, in accordance with AASATO T-180 and D-2167. D. Ductile Iron Pipe and Fittings 1. General: All ductile iron pipe shall be manufactured in accordance with AWWA Specifications C-150 & C-151. All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C-151 and shall be Class 52 minimum. All exposed ductile iron pipe shall be Class 53 minimum. 2. Fittings: All underground fittings shall be either bell and spigot, or mechanical joint. Mechanical joints shall conform to AWWA specification C1 10 (ANSI 21.10-87), or latest revision. All exposed aboveground fittings shall be flanged joint. 3. Bell and Spigot Connections: Joints in bell and spigot pipe shall be push -on, mechanical, or restrained joints in accordance with AWWA Standard C-111 (ANSI 21.11-85), or latest revision. Mechanical joint pipe set -screw type retainer glands will not be permitted. 4. Flanged Connections: Flanged pipe with screwed -on flanges shall be furnished with long hubs, and the flanges shall be screwed on the threaded end of the pipe in the shop, and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. The back of the hub shall be caulked where the hub threads joint with the pipe. 01025-23 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc 5. Valve Box Adjustments: Cost of valve nut extenders shall be included in cost of valve box adjustments where needed. E. Disinfecting Potable Water Pipelines Before being placed in service, all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-651," Standard Procedure for Disinfecting Water Mains", except that the use of tablets is strictly prohibited. The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection, Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required. 01025-24 Technical Specifications FAEngineering\Capital Projects\0217-Powerline Road\Bid Documents\Technical Specifications.doc APPENDIX `A' PERMITS Sebastian Water Control District St. Johns River Water Management District Appendix A -Permits F:\Engineering\Capital Projects\0217-Powerline Road\Bid Documents\APPENDIX A - Permits.doc - ..ii St.Johns : Water Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 (386) On the Internet at www.sjrwTnd.com. January 17, 2008 Indian River County Board Of County Commissioners 1801 27th Street Vero Beach, FL 32960 SUBJECT: Noticed General Permit 400-061-114549-1 Dear Sir/Madam: �•wd i.. _J F �`y� e° Jq/Vn< 2-2 tel%`• -'.a y �, i Y V;a ?. ,Y��+,y, N.. The District has received your notice to use a noticed general permit. Based on the submitted information, the proposed activity qualifies for a Noticed General Environmental Resource Permit pursuant to section 62-341.448, Florida Administrative Code, so long as it is constructed and operated in accordance with that general permit and the general conditions set forth in section 40C400.215, Florida Administrative Code (attached). 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. If you do publish a notice, please submit a copy of the published notice to the District for our records. A copy of your application was transmitted to the U.S. Army Corps of Engineers for review. This authorization to use a noticed general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely, Gloria Lewis, Director Division of Regulatory Information Management Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File GOVERNING BOARD INDIAN IailVlGR COUNTY '11g1NggR#SQ DIV -11810N David G. Graham, CHAIRMAN Susan N. Hughes, VICE CHAIRMAN Ann T. Moore, sECRETARY W. Leonard Wood, TREASURER JACKSONVILLE PONTE VEDRA BUNNELL FERNANDINA BEACH Michael Ertel Hersey "Herky" Huffman Arlen N. Jumper William W. Kerr Duane L. ottenstroer rrncm ENTERPRISE FORT WCOY MELBOURNE BEACH JACKSONVILLE Agent: Indian River County 1801 27th Street Vero Beach, FL 32960 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO.400-061-114549-1 DATE ISSUED: January 17, 2008 PROJECT NAME: Powerline Road North of C.R. 510 to Sebastian City Limits A PERMIT AUTHORIZING: Construction of a 2,673 linear feet of a new asphalt roadway over existing marl road at the 70th Avenue (Powerline Road). Construction begin at the intersection of County Road CR -510 for 2,673 linear feet. LOCATION: Section(s): 30 Township(s): 31S Range(s): 39E Indian River County Indian River County Board Of County Commissioners 1801 27th Street Vero Beach, FL 32960 The District received your notice to use a Noticed General Environmental Resource Permit pursuant to Chapter 40C400, F.A.C. on December 19, 2007. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a Noticed General Environmental Resource Permit. Any activities performed under a Noticed General Environmental Resource Permit are subject to the general conditions as specified in Section 40C-400.215, F.A.C. (attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the Noticed General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a Noticed General Environmental Resource Permit was received by the District. If you wish to continue this noticed general permit beyond the expiration date, you must notify the District at least 30 days prior to the permit expiration date. A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St, Johns River Water Management District Department of Resource Management By: (Service Center Director - Palm Bay) John Juilianna q� 4: : By: (Service Center Director - Palm Bay) John Juilianna "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 400=061=114549-1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DATED JANUARY 17, 2008 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part IV of Chapter 373, F.S. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of Part IV of Chapter 373, F.S., and may result in suspension or revocation of the permittee's right to conduct such activity under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions 3. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 4. This general 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 general permit as provided by Chapter 62-330, F.A.C. 5. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution incontravention of Florida Statutes and Department rules. 6. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 7. The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance..with Chapter 120 and Section .373.429, F.S. 8. This permit shall not be transferred to a third party except pursuant to Rule 62-343.130, F.A.C. The permittee .transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 9. Upon reasonable notice to the permittee, District Staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. 10. The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and authorized in this general permit. 11 A permitee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years. 12. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state water quality standards, including any antidegradation provisions of paragraphs 62- 4.242(1)(a) and (b), subsections 624.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland. species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 13. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which mayarise by reason of the construction, alteration, operation, maintenance, removal; abandonment or use of any system authorized by the general permit. 14. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 15. Roadside swales, establishment of permanent vegetative cover, or other effective means of stormwater management within the right-of-way must be incorporated into the project, and must.be designed, constructed, operated and maintained to prevent increases in pollution loading or changes in the point of discharge that can cause adverse impacts to receiving waters or offsite property. 16. No debris from the removal of existing roadway, bridge, culvert, and other surface water management features shall be placed within wetlands or other surface waters. 17. Creosote must not be a component of any pilings, pile jackets, headwalls, bulkheads, or other structural components used in roadway, bridge, culvert, or other surface water management structures. 18. Any bridge or culvert must not cross a stream or other watercourse having a drainage .area upstream of the work of more than ten (10) square miles. 19. Bridges and other water conveyance features must be designed, constructed, operated, and maintained to convey normal flows and overtopping during a 25 -year, 24-hour storm event. 20. Best management practices for erosion and sediment control _must be used to prevent water quality violations during and after construction. These shall include a construction -phase water management and erosion control plan that is designed and implemented to include site-specific measures adapted from practices and procedures described in the following publications that are adopted herein and incorporated by reference: a. The guidelines set forth in Chapter 6 of The Florida Development Manual: A Guide to Sound Land and Water Management, Vol. II, Florida Department of Environmental Regulation, June 1988; and b. The provisions set forth in The Florida Stormwater, Erosion, and Sediment Control Inspector's Manual, Florida Department of Environmental Protection and Florida Department of Transportation, Fifth Impression, June 2005. 21. Temporary or permanent vegetative cover must be established on both sides of the pavement within the road right-of-way and along water conveyances as soon as practicable, but in no case more than seven (7) days after construction activities have ceased in portions of the site where construction activities have temporarily or permanently ceased. 22. Activities conducted and authorized by this permit must be operated and maintained by the county or municipality for the life of the system. 23. This general permit does not constitute a Works of the District permit from a water management district, nor obviate the need for obtaining such a permit where required by a water management district. 24. Applicants are advised that drawings, any submitted construction plans, and supporting calculations must be signed, sealed, and dated by an appropriate registered professional in accordance with Sections 373.117 and 403.0877, F.S., and Chapters 471, 472, 481, or 492, F.S., when the design of the system requires the services of such registered professional. For purposes of this rule, an "appropriate registered professional" means a professional registered in Florida with the necessary expertise in the fields of hydrology, drainage, flood control, erosion and sediment control, and stormwater pollution control to design and certify stormwater management systems. Examples of appropriate registered professionals are professional engineers licensed under Chapter 471, F.S., professional.landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers licensed under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S. 25. The performance of routine custodial maintenance of structures and activities within the roadway alignment, such as replacement of culverts in kind to their former size, grade, and elevation, and the performance of activities qualifying for an exemption under Part IV of Chapter 373 or Section 403.813(2), F.S., such as maintenance of ditches and swales to prior design specifications in accordance with Section 403.813(2)(8) or 0), F.S., or under other general permits adopted under Part IV of Chapter 373, F.S., may be conducted to prepare the roadway for paving in advance of using this general permit, and any dredge and fill volumes associated with such work shall not be included within the limits established in paragraph (2)(f) of this general permit. 26. The project must be constructed as per plans dated December 19, 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(&�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 120.56942)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, isnot 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 28-106.201, 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 (1 0)(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 1 HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: Indian River County Board Of County Commissioners 1801 27th Street Vero Beach, FL 32960 At 4:00 p.m. this 17th day of January, 2008. j , - Division of Regulatory Information Management Gloria Lewis, Director St, Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 3294152 Permit Number: 400-061-114549A APPENDIX `B' FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL CHAPTER 4 "BEST MANAGEMENT PRACTIC =011 EROSION AND SEDIMENTATION CONTR Appendix B F:\Engineenng\Capital Projects\0217-Powerline Road\Bid Documents\APPENDIX B - CHAPTER 4 BEST MANAGEMENT PRACTICES.doc