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.
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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.
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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
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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
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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
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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 + +
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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)
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.�
(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 + +
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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.
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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
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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
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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
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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,
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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 ++
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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
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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.
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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.
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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:
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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