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CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT - 07-0053-UTCHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (PROJECT No. 07-0053-UT) CONTRACT DOCUMENTS & SPECIFICATIONS Prepared for Clearwater 0 ISSUE FOR BID March 2009 Prepared by 7650 West Courtney Campbell Causeway, Suite 700 Tampa, Florida 33607-1462 ACORQ CERTIFICATE OF LIP PRODUCER (803)791-1120 FAX (803)796-8957 Livingston Insurance Agency PO Box 7439 West Columbia, SC 29171 INSURED GREGORY ELECTRIC COMPANY, INC. P. 0. Drawer 1419 Columbia, SC 29202-1419 COVERAGES B I L i TY INSURANCE F?ATE (MM/DD/YYYY) 07/02/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSVRERA: Cincinnati Insurance Company 10677 INSURER B: INSURER C: INSURER D: INSURER E: I Ht F' ULIC;IES OF INSURANCE LISTED BE LOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR THE PO LICY PERIOD INDICATED. NOTWITHSTANDING A NY R EQUIREMENT, TERM OR CONDITIO N OF ANY CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHIC H THIS CERTIFICATE MAY BE ISSUED OR M AY P ERTAIN, THE INSURANCE AFFORDE D BY THE POLICIES DESCRIBED H EREIN IS SUBJEC T TO ALL THE TER MS, EXCLUSIONS AND CONDITIONS OF SUCH P OLICI ES. AGGREGATE LIMITS SHOWN M AY HAVE BEEN REDUCED BY PAID CLAIMS. VSR -TR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPI ON DATE MMIDDIYYYY LIMITS GENERAL LIABILITY CPP0812097 07/01/2009 07/01/2010 EACH OCCURRENCE $ S00,001 - X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PR EMISES Ea oreurranrA $ 500 , 001 CLAIMS MADE M OCCUR MED EXP (Any one person) 1 $ 10,00 A X Broad Form Cont . PERSONAL & ADV INJURY $ S00 001 X Deductible-$5 000 , , . GENERAL AGGREGATE $ 500 001 1 GEN'L AGGREGATE LIMIT APPLIES PER: RO P PRODUCTS - COMP/OP AGG $ 500 , 001 POLICY X LOC JECT AUTOMOBILE LIABILITY CAA5888064 07/01/2009 07/01/2010 X COMBINED SINGLE LIMIT $ ANY AUTO (En accldenl) 500,001 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Deductible - 0 PROPERTY DAMAGE $ (Per accident) GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ H OTHER THAN AUTO ONLY: AGG $ EXC ESS I UMBRELLA LIABILITY CPP0812097 07/01/2009 07/01/2010 EACH OCCURRENCE $ 7 000 00 0 X OCCUR M CLAIMS MADE AGGREGATE , , $ 7 000 000 A , , $ DEDUCTIBLE RETENTION S $ WORKERS COMPENSATION Tn_ AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE? OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ (Mandatory In NH) ff ea deslxibe under E.L. DISEASE - EA EMPLOYEE $ , SPECIAL PROVISIONS b l e ow E.L DISEASE - POLICY LIMIT $ OTHER Leased/Rented CPP0812097 07/01/2009 07/01/2010 $500,000. Any One Item A Equipment $5,000. Deductible )ESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS HE $7 MILLION DOLLAR UMBRELLA FOLLOWS FORM AND IS EXCESS OVER ABOVE UNDERLYING POLICIES. roject: #07-0053-UT Chautauqua/Coachman Ridge Reclaimed Water Project ertificate holder is reflected as additional insured in regards to the General Liability. ".ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Clearwater JREPRESENTATIVES. 100 S. Myrtle Avenue O D REPR E M77TIVE Cl arwater, FL 337S6-5520 Robert Levin WORD 25 (2009/01) ©1988.2009 AC1 The ACORD name and logo are registered marks of ACORD All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2009/01) ADDENDUM NO. 1 FOR CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT CLEARWATER, FLORIDA City Project No. 07-0053-UT DATE: April 27, 2009 SUBJECT: Addendum No. 1 to the CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT TO: Prospective Bidders and Others Concerned The Request For Proposal for the subject project shall be supplemented and/or amended as follows: CHANGES TO THE SPECIFICATIONS: 1. The bid opening time is change from 1:30 p.m. to 2:00 p.m. on Thursday, May 7, 2009. 2. The following requirements for federally assisted projects are made a part of the Contract Documents. A copy of each of these documents is included in Attachment A at the end of the Addendum. a. Davis-Bacon Act Provisions b. Buy American Certification C. DBE Regulations and Fact Sheets - DBE Rule DBE Program Overview Fact Sheet - Fair Share Objectives Fact Sheet - MBE/WBE Certification Fact Sheet - Six Good Faith Efforts and Contract Administration Fact Sheet - MBE/WBE Reporting Fact Sheet Fair Share Goals - Region 4 - 5700_52A Reporting Form 6100-2 Subcontractor Participation Form 6100-3 Subcontractor Performance Form 6100-4 Subcontractor Utilization Form 3. Bid Item 18a - Compliance with American Recovery and Reinvestment Act Criteria is added to the Bid Tab in Section V of the Contract Documents. A copy of the Bid Tab Form is included in Attachment B at the end of the Addendum. 4. The following Paragraph 19 defining Bid Item 18a - Compliance with American Recovery and Reinvestment Act Criteria is added to Specification 01630 - Measurement and Payment of Section IVa of the Contract Documents. "19. Bid Item 18a -Compliance with American Recovery and Reinvestment Act Criteria a. The work covered by this item consists of Contractor completing (or causing to have completed) and submitting on a timely basis the appropriate forms, the performance of any necessary research, and the implementation of policies that are required in order for a project to be considered for funding under the American Recovery and Reinvestment Act. Such Policies include, but are not limited to: • Meeting Federal Labor Standard Provisions, as detailed in Appendix to the Supplemental Technical Specifications. • Utilizing iron, steel and manufactured goods that are produced in the United States of America as detailed in Appendix to the Supplemental Technical Specifications. Inclusionlutilization of Minority- and Women-Owned Business Enterprises including required reporting, as detailed in Appendix to the Supplemental Technical Specifications. " 5. Delete all references to solid copper tracer wire from the Contract Documents and the Construction Drawings. All tracer wire for the project shall be 12-gauge Copperhead Extra High Strength copper-clad steel tracer wire as manufactured by Copperhead Industries or approved equal. Specification 15065 - Tracer Wire is included in Attachment C at the end of the Addendum. 6. Copies of the FDOT permit, CSX Agreement and Pinellas County Letter of Intent to Issue a Permit are included in Attachment D at the end of the Addendum. GENERAL CLARIFICATIONS: Question 1: Are there any notes/detail or anything that will clarify the areas of HDD and Open cut installation? This is needed to ensure material is going into the correct bid item. Response: The method of installation is horizontal directional drilling (HDD). Open cut may be used only when it is impractical to use HDD (e.g. when pipeline must be installed in curves) or as shown on the Contract Drawings. It is up to the Contractor to determine in which areas HDD will be impractical. Quantities for both open-cut and HDD are provided for all pipe diameters in the Bid Tab Form for the purpose of providing unit costs. Actual lengths for both types of installation will be determined during construction. Question 2: Are there any notes/detail or anything that will clarify the location of the new services? The legend symbols are not clear enough on the plans to accurately identify them. Response: Quantities for all service connections are provided in the Bid Tab Form. Service connection shall be provided for each property. Property boundaries are shown in the Construction Drawings. Actual location of service lines will be determined during construction. All reclaimed water service connection locations shall be identified on triplicate form and agreed upon by the Contractor and Customer. The Project Inspector shall be present to confirm locations agreed upon between Contractor and Customer. For more details refer to Specification 01010 - Project Requirements of Section IVa -- Supplemental Technical Specifications. Question 3: Since the restoration is incidental to the pipe work and the owner can decide which option they will utilize, can you please identify which runs of pipe are to be open cut as they relate to the bid quantities so the appropriate restoration costs can be allocated accordingly? As an option, if pay items were created to handle the restoration it would put bidders on a more equal footing and eliminate possible confusion/conflicts between the various pipe items. Response: See response to question 1 above. Question 4: Please consider the following driller feedback relative to the 12" line to be installed from station 10+40 to 54+30 (on sheets 32, 34-35) along Landmark Drive. To facilitate best drill length options for collective length it would be preferable to have entire length from 10+40 to 54+30 shown under bid item 3e, not just 3232LF from 10+40 to 42+72. Response: The Bid Tab Form will not be changed. If the unit cost of 12" Fusible PVC by HDD is lower than 12" CertaLok PVC by HDD, then the Owner may consider at his sole discretion doing the entire Chautauqua transmission main (Stations 10+40 to 54+30) in a single pull. Question 5: Does the contractor have the option of installing the steel casings using the directional drilling method rather than Jack & Bore? Response: Railroad and roadway crossings for the project have been permitted as traditional jack & bore. The CSX railroad crossing must be performed using traditional jack & bore. IF the contractor prefers to use directional drilling to install the casing pipe on the other roadway crossings, it will be his responsibility to modify, resubmit, and obtain the required permits. Question 6: The single and double reclaim services are not indicated on the project drawings from what I can gather. Would any discrepancy between the number of units in the bid proposal and the number of units actually installed be resolved by unit price? Response: The actual number of single versus double long side service connections will be determined by the engineer and the contractor in the field. The contractor will be paid for the actual number of single and double services installed at the unit prices established by the contractor's bid. All Bidders shall acknowledge receipt and acceptance of this Addendum in the Bid Form where so indicated. Proposals submitted without acknowledgment of the Addendum will be considered incomplete. END OF ADDENDUM #1 ATTACHMENT A REQUIREMENTS FOR FEDERALLY ASSISTED CONTRACTS Appendix.doc 10/9/2008 I. Davis-Bacon Act Provisions Appendix.doc 10/9/2008 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.1.(1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer=s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. EPA shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EPA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EPA or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) ( c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and EPA or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), EPA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EPA or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EPA or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.( i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in. the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to EPA or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(1) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ( c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 300(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of EPA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, EPA or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.( ii) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman=s hourly rate) specified in the contractor=s or subcontractor=s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice=s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee=s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EPA or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.( i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor--s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part Whoever, for the purpose of. ..influencing in any way the action of such Administration ...makes, utters or publishes any statement, knowing the same to be false ...shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. Guidance to Contractor for Compliance with Labor Standards Provisions a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. 4) The hourly value of the fringe benefit is calculated by dividing the contractor=s annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) c) Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hour) cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and Related Acts only establishes minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis- Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner=s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships / Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. h) Apprentices / Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. II. Buy American Certification Appendix.doc 10/9/2008 BUY AMERICAN CERTIFICATION Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the (Name of Construction Contract) to be partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D). Name of Contractor Signature of Authorized Official Date Title III. DBE Regulations and Fact Sheets - DBE Rule - DBE Program Overview Fact Sheet - Fair Share Objectives Fact Sheet - MBE/WBE Certification Fact Sheet - Six Good Faith Efforts and Contract Administration Fact Sheet - MBE/WBE Reporting Fact Sheet - Fair Share Goals - Region 4 - 5700_52A Reporting Form - 6100-2 Subcontractor Participation Form - 6100-3 Subcontractor Performance Form - 6100-4 Subcontractor Utilization Form Appendix.doc 10/9/2008 15904 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (34)(g), of the Instruction, an "Environmental Analysis Check List" and a "Categorical Exclusion Determination" are not required for this rule because it concerns an emergency situation of less than 1 week in duration. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. ¦ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ¦ 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226,1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-0, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ¦ 2. Add temporary § 165.TO1-0173 to read as follows: § 165.T01-0173 Safety Zone: Longwood Events Wedding Fireworks Display, Boston Harbor, Boston, MA. (a) Location. The following area is a safety zone: All waters of Boston Harbor, from surface to bottom, within a four hundred (400) yard radius of the fireworks launch site located in Boston Harbor at approximate position 42°21'42"N, 071°2'36"W. (b) Effective Date. This rule is effective from 8:45 p.m. through 9:45 p.m. on March 29, 2008. (c) Definitions. (1) Designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the Captain of the Port (COTP). (2) [Reserved] (d) Regulations. (1) In accordance with the general regulations in section 165.23 of this part, entry into or movement within this zone by any person or vessel is prohibited unless authorized by the Captain of the Port (COTP), Boston or the COTP's designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP's desi nated representative, (3f Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP's designated representative to obtain permission by calling the Sector Boston Command Center at 617-223-5761. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or the COTP's designated representative. Dated: March 12, 2008. Gail P. Kulisch, Captain, U.S. Coast Guard, Captain of the Port, Sector Boston. [FR Doc. E8-6149 Filed 3-25-08; 8:45 am] BILLING CODE 4810-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 30, 31, 33, 35, and 40 [Docket ID NO. EPA-HO-OA-2002-0001; FRL-8545-9] RIN 2090-AA38 Participation by Disadvantaged Business Enterprises in Procurement Under Environmental Protection Agency (EPA) Financial Assistance Agreements AGENCY: Environmental Protection Agency. ACTION: Final rule. SUMMARY: This action will harmonize EPA's statutory Disadvantaged Business Enterprise procurement objectives with the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). In that case, the Supreme Court extended strict judicial scrutiny to federal programs that use racial or ethnic criteria as a basis for decision making. Remedying discrimination is recognized as a compelling government interest, and this rule is promulgated on the understanding that the statutory provisions authorizing its adoption were enacted for that remedial purpose. This rule sets forth a narrowly tailored EPA program to serve the compelling government interest of remedying past and current racial discrimination through agency-wide DBE procurement objectives. EPA intends to evaluate the propriety of the Disadvantaged Business Enterprise program in 7 years through subsequent rulemaking. This rule also revises EPA's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) program and renames it EPA's Disadvantaged Business Enterprise (DBE) Program. EPA is removing existing MBE/WBE specific provisions in regulations for grants and agreements with institutions of higher education, hospitals, and other non- profit organizations; and uniform administrative requirements for grants and cooperative agreements to state and local governments, state and local assistance, and research and demonstration grants, and is consolidating and adding to these provisions in this, new regulation. This rule affects only procurements under EPA financial assistance agreements. This rule does not apply to direct Federal procurement actions. If you are a recipient of an EPA financial assistance agreement or an entity receiving an identified loan under a financial assistance agreement capitalizing a revolving loan fund, this rule may affect you. DATES: This final rule is effective May 27, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OA-2002-0001. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the HQ EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Office of Environmental Information is (202) 566-1752. FOR FURTHER INFORMATION CONTACT: Kimberly Patrick, Attorney Advisor, Office of the Administrator, Office of Small and Disadvantaged Business Utilization (OSDBU) by phone at (202) 566--2605, by e-mail at patrick.kimberly@epa.gov, or by fax at (202) 566-0548; or Cassandra Freeman, Deputy Director, Office of the Administrator, OSDBU by phone at Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations 15905 (202) 566-1968, by e-mail at freeman, cassandra@epa,gov, or by fax at (202) 566-0266. Both can be reached by mail to OSDBU, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., mail code 1230T, Washington, DC 20460. SUPPLEMENTARY INFORMATION: The contents of this final rule are listed in the following outline: Contents of the Final Rule 1. General Information A. Does This Rule Apply to Me? B, What are the Statutory Authorities for this Final Rule? R. Background III. Overview of Final Rule IV. Summary of Response to Public Comments V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act of 1995 J, Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act 1. General Information A. Does This Rule Apply to Me? If you are a recipient of an EPA financial assistance agreement, or an entity receiving an identified loan under a financial assistance agreement capitalizing a revolving loan fund, or a minority-owned, woman-owned, or small business, this rule may affect you. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. What Are the Statutory Authorities for This Final Rule? EPA's primary statutory authorities for this final rule are: 1. Public Law 102-389 (42 U.S.C. 4370d), a 1993 appropriations act ("EPA's 8% statute"), which provides: The Administrator of the Environmental Protection Agency shall, hereafter, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 8(a)(5) and (6) of the Small Business Act (15 U.S.C. 637(a)(5) and (6)), including historically black colleges and universities. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women* * *;and 2. Public Law 101-549, Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) ("EPA's 10% statute"), which states: In providing for any research relating to the requirements of the amendments made by the Clean Air Act AmendMunta which use funds of the Environmental Protection Agency, the Administrator of the Environmental Protection Agency shall, to the extent practicable, require that not less than 10 percent of the total Federal funding for such research will be made available to disadvantaged business concerns. Nothing in this title shall permit or require the use of quotas or a requirement that has the effect of a quota in determining eligibility * * * Other legal authorities and Executive Orders regarding this final rule include Public Law 99-499, the Superfund Amendments and Reauthorization Act of 1986; Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988; Executive Order 12138, "Creating a National Women's Business Enterprise Policy and Prescribing Arrangements for Developing, Coordinating and Implementing a National Program for Women's Business Enterprise," issued May 18, 1979; Executive Order 11625, "Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise," issued October 13, 1971; and Executive Order 12432, "Minority Business Enterprise Development," issued July 14, 1983. II. Background EPA's current Minority Business Enterprise/Woman-awned Business Enterprise ("MBE/WBE") program has three major components designed to ensure that minority and women-owned businesses have the opportunity to participate in procurements funded by EPA financial assistance agreements. Those components are as follows: 1. Negotiating Fair Share Goals: The current MBE/WBE program requires all recipients of EPA financial assistance agreements to negotiate goals with the Agency for the utilization of MBEs/ WBEs for procurements funded by EPA financial assistance agreements. The goals are based on disparity studies or availability analyses showing the availability of MBEs or WBEs in the financial assistance recipient's relevant geographic buying market. These goals do not operate as quotas. 2. Using the "Six Positive Efforts" or "Six Affirmative Steps": The "Six Positive Efforts" or "Six Affirmative Steps" are measures designed to ensure MBEs and WBEs are considered in a financial assistance recipient's procurement practices, and they contain measures a recipient may undertake to make procurements more open to MBEs and WBEs. 3. Reporting Accomplishments: Under the current MBE/WBE program, recipients of EPA financial assistance agreements are required to report on their accomplishments with the program using EPA Form 5700-52A. Reporting is the tool we use to assess whether or not the program is effective and actually translating into increased opportunities for MBEs and WBEs. EPA's MBE/WBE Program is currently im lemented through: 1) Existing MBE and WBE provisions scattered throughout 40 CFR parts 30, 31, 35 and 40; (2) Grant conditions; and (3) The Agency's "Guidance for the Utilization of Small, Minority, and Women's Business Enterprises in Assistance Agreements." In 1995, the Supreme Court's decision in Adarand Constructors, Inc. v. Federico Pena, Secretary of Transportation, 515 U.S. 200 ("Adarand"), extended strict judicial scrutiny to federal affirmative action programs that use racial or ethnic criteria as a basis for decisionmaking. In other words, such programs must be based on a compelling governmental interest, for example, remedying the effects of discrimination, and must be narrowly tailored to accomplish that interest. Following the Adarand decision, in 1996, the Department of justice (DOJ) began a review of affirmative action programs in the Federal Government. In response to this review, the Department of Transportation (DOT), whose DBE program mirrored EPA's MBE/WBE program, revised its program for participation of DBEs in procurements under DOT's financial assistance agreements to comply with the Adarand decision (See 64 FR 5096). This final rule reflects EPA's efforts to similarly comply. Remedying discrimination is recognized as a compelling government interest, and this rule is promulgated on the understanding that the statutory provisions authorizing its adoption were enacted for that remedial purpose. This 15906 Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations rule sets forth a narrowly tailored EPA program to serve the compelling government interest of remedying past and current racial discrimination through agency-wide DBE procurement objectives. EPA intends to evaluate the propriety of the Disadvantaged Business Enterprise program in 7 years through subsequent rulemaking This final rule requires recipients to use race/gender-neutral measures to ensure DBEs have meaningful opportunities to bid on recipient- sponsored procurements. It does not require recipients to use race/gender- conscious measures. However, if a recipient elects to use such measures, the recipient should satisfy itself that the measure meets all applicable legal requirements, including those established in Adarand. Because this rule only requires race/gender-neutral measures, it should not be subject to strict judicial scrutiny. Even so, we believe this rule is narrowly tailored to achieve a compelling governmental interest consistent with Adarand. EPA worked collaboratively on this rulemaking with various program offices within the Agency, the EPA Office of General Counsel, and the EPA Regions. We also held discussions with other Federal agencies, including SBA and DOT whose DBE programs are in some ways similar to ours, or have undergone changes similar to the ones we are implementing. EPA has also collaborated with the Civil Rights Division of DOJ throughout the rulemaking process. III. Overview of Final Rule This rulemaking removes all of EPA's current MBE/WBE fair share objectives and good faith efforts regulatory provisions and replaces them with DBE provisions to be codified in the new 40 CFR part 33. In addition, this rule supersedes inconsistent provisions of previous guidance documents for EPA's former MBE and WBE Program, including, but not limited to, EPA's "Guidance for Utilization of Small, Minority, and Women's Business Enterprises in Procurement Under Assistance Agreements" (the 1997 Guidance), 62 FR 45645. There are six substantive changes this rule will make to the way the program currently operates. Those changes involve: (1) Certification of minority and women-owned businesses; (2) the six good faith efforts; (3) contract administration requirements; (4) negotiation of fair share goals; (5) recordkeeping and reporting requirements; and (6) new requirements for Tribal and insular area fair share negotiations. The specific changes are summarized as follows: 1. Certification Under the current MBE/WBE program EPA recognizes Small Business Administration (SBA) certifications, or certifications by a State or other Federal Agency, or self-certifications. EPA currently does not require WBEs to be certified. Under the new DBE program promulgated today, in order to be counted as an MBE or WBE under an EPA financial assistance agreement, an entity will have to be certified as such. EPA will require an MBE/WBE to first seek certification by a federal agency (e.g., the Small Business Administration (SBA), the Department of Transportation (DOT)), or by a State, locality, Indian Tribe, or independent private organization provided their applicable criteria match those under section 8(a) (5) and (6) of the Small Business Act and SBA's applicable 8(a) Business Development Program regulations. EPA will only consider certifying firms that cannot get certified by one of these entities. Requiring firms to first seek certification from other sources is beneficial for the business entity because an EPA certification is limited in that it would only be accepted by EPA. Certifications from other sources have broader applications. Also, requiring firms to first seek certification from other sources reduces the burden on the Agency associated with processing certifications. The creation and implementation of an EPA certification program is necessary because the statutory authority for EPA's program includes classifications of businesses that are not currently certified by other sources. Businesses that fall within these classifications would potentially have no other option for certification to participate in EPA's DBE program. EPA anticipates that the following types of entities will have to be considered for certification by EPA: 1. Disabled American-owned firms; 2. Private and voluntary organizations controlled by individuals who are socially and economically disadvantaged; 3. Women-owned and minority owned-businesses who cannot get certified under DOT or SBA size criteria (EPA does not have size criteria) or by a State Government, local Government, Indian Tribal Government or independent private organization; 4. Businesses owned or controlled by socially and economically disadvantaged individuals (note-SBA and DOT require an entity to be owned and controlled by socially and economically disadvantaged individuals. However, the statutory authority for EPA's DBE program requires ownership or control, Public Law 102-389); and 5. Women-owned business enterprises. EPA certifications will last for three years as long as the certified entity files an annual affidavit affirming that no changes in circumstances have occurred which affected the entity's status as an MBE or WBE. Appeal procedures are provided for entities denied MBE or WBE certification, or anyone who disagrees with EPA's decision to certify an entity as an MBE or WBE. 2. Six Good Faith Efforts The good faith efforts are activities by a recipient and its prime contractor to increase DBE awareness of procurement opportunities through race/gender neutral efforts. Race/gender neutral efforts are ones which increase awareness of contracting opportunities in general, including outreach, recruitment and technical assistance. For purposes of simplification, EPA has combined the "Six Positive Efforts" of 40 CFR 30.44 (b) applicable to institutions of higher education, hospitals and other non-profit organizations with the "Six Affirmative Steps" of 40 CFR 31.36(e) applicable to State, Local and Indian Tribal Government recipients and renamed them the six "good faith efforts.". 3. Contract Administration Requirements The rule adds additional contract administration requirements which are intended to prevent any "bait and switch" tactics at the subcontract level by prime contractors which may circumvent the spirit of the DBE Program as well as other related requirements. Some of these requirements include provisions intended to ensure that subcontractors receive prompt payment from prime contractors. In addition, this proposal would require a recipient to be notified in writing before its prime contractor could terminate a DBE subcontractor for convenience and then perform the work itself. Furthermore, when a DBE subcontractor is terminated or fails to complete its work under the subcontract for any reason, the recipient must require the prime contractor to make good faith efforts if the prime contractor chooses to hire another subcontractor. A recipient must also require its prime contractor to continue to make the good faith efforts even if the fair share objectives in subpart D of the rule have Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15907 been met. Finally, this rule provides for three new forms which are required if there are DBE subcontractors involved in a procurement. 4. Negotiation of Fair Share Goals (and $250,000 Exemptions) This rule codifies EPA's procedures for negotiating fair share goals with financial assistance recipients. The process for such negotiations is currently implemented through guidance, as well as through terms and conditions incorporated into EPA financial assistance agreements. This rulemaking keeps the current basic approach, with some fine tuning, including a provision which would exempt 8 recipient of a financial assistance agreement of $250,000 or less for any assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in EPA funds in any one year, from the fair share objective negotiation requirement. In addition, eligible program grants which can be included in Performance Partnership Grants to Tribal and Tribal consortia recipients will be exempt from the fair share negotiation requirement due to the nature of these program grants and the unique nature of eligible recipients. Superfund Technical Assistance Grants (TAG's) would be exempt due to the nature of their funding cycles. A recipient under the Clean Water State Revolving Fund, the Drinking Water State Revolving Fund, and the Brownfields Clean-Up Revolving Loan Fund is not required to apply the fair share objective requirements to an entity receiving an identified loan in an amount of $250,000 or less. 5. Recordkeeping and Reporting Requirements Currently, all financial assistance agreement recipients must report on a quarterly basis, except for recipients of continuing environmental program grants, and institutions of higher education, hospitals and other non- profit organizations receiving financial assistance awards under 40 CFR part 30, who report on an annual basis. This rule will reduce the reporting frequency to semi-annually for all recipients who currently report on a quarterly basis. This rule also requires all financial assistance recipients, and recipients of loans under CWSRF, DWSRF, or BCRLF Programs to create and maintain a bidders list. There is an exemption from this requirement for recipients receiving grants or loans of $250,000 or less for any single assistance agreement or loan, or of more than one financial assistance agreement or loan with a combined total of $250,000 or less in EPA funds in any one year. 6. New Requirement for Tribal and Trust Territory Fair Share Negotiations EPA does not currently negotiate fair share goals with Indian Tribal Government and Trust Territory recipients. This rule will require such recipients to negotiate fair share goals. Therefore, under the rule such recipients will have a three year phase- in period to adjust to the regulatory change. In the interim, they will still have to comply with the other requirements of this rule. IV. Summary of Response to Public Comments Excluding changes in wording to increase clarity, there are only four substantive changes reflected in this final rule. Those changes, along with a breakdown of the number and type of comments received, are below: Number of Comments Received: 126 Percent n of of Primary areas of public concern Number I comments s all comments Certification ......................................................... General (wording and clarification) ..................... Good Faith Efforts .............................................. Subcontracting Provisions .................................. Bidders List ......................................................... Major Revisions Based on Public Comment (not including wording or clarification): 1. § 33.105-Enforcement Provisions There were several comments concerning enforcement of the rule. A number of comments stated that there are no "teeth" in the program and that more policing of the program will be needed to insure compliance with the requirements of the rule. While the text of the rule mentions that EPA can take remedial action for non-compliance, it does not clearly state what those actions are. In an effort to show more "teeth," this section has been revised to include some of the remedial measures EPA can take if a recipient fails to comply with the requirements of the rule. 2. § 33.302-Subcontractor Provisions Public comment requested that EPA specify the number of days within which a prime must pay its subcontractor after payment by the recipient. In an effort to curtail the practice of excessively late subcontractor payments, the rule establishes maximum of 30 days by which a prime contractor must pay its subcontractor, after payment by the grant recipient. 3. § 33.501-Bidders List Many comments were received requesting clarification about the contents, purpose and duration of the bidders list. The purpose of the Bidders List is to provide the recipient and entities receiving identified loans who conduct competitive bidding with a more accurate database of the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The bidders list is intended to be a list of all firms that are participating, or attempting to participate, on EPA assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs and 23 18 16 13 14 11 12 9 11 9 non-MBE/WBEs. The bidders list is designed to also aid recipients in their efforts to comply with the "six good faith efforts," by creating a source of MBEs and WBEs that can be relied upon to increase the inclusion of MBEs and WBEs in the recipient's procurement practices, Section 33.501(b) of the rule has been revised to read as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs 15908 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations and non-MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (1) Entity's name with point of contact; (2) Entity's mailing address, telephone number, and e-mail address; (3) The procurement on which the entity bid or quoted, and when; and (4) Entity's status as an MBE/WBE or non- MBE/WBE. In response to internal concerns regarding the application of the bidders list requirement, we have created an exemption to this provision. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. 4. § 33.502-Reporting In response to internal and external comments, this section of the rule has been revised to require semiannual reporting for all recipients who currently report on a quarterly basis. All recipients who report annually will continue to do so. A section-by-section analysis of the rule, addressing public comments in detail, can be found on the public docket for this rule making under Docket ID No. EPA-HQ70A-2002-- 0001, at www.regulations.gov. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action." This rule reflects and raises legal or policy issues arising out of legal mandates. This rule has a direct impact on contracting funded by EPA financial assistance agreements. There is substantial public interest concerning programs to ensure nondiscrimination in federally assisted contracting, as well as policy concerns. This rule also affects a wide variety of parties, including all EPA financial assistance programs, and the DBE and non-DBE contractors that perform work under them. As a "significant regulatory action," EPA submitted this action to the Office of Management and Budget (OMB) for review under EO 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action. Based on currently available information about costs that may be associated with complying with this rule (e.g., costs to obtain MBE or WBE certification), EPA believes that this rule will not have an annual effect on the economy of $100 million or more. Therefore, EPA did not prepare a regulatory impact statement for this rule. B. Paperwork Reduction Act The Office of Management and Budget (OMB) has approved the information collection requirements contained in this rule under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501 et seq. and has assigned OMB control number 2090-0030. This ICR is for the purpose of ensuring that EPA's statutory DBE procurement goal requirements are implemented in harmony with the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995). The requirements to complete EPA Forms 6100-2-DBE Program Subcontractor Participation Form, 6100-3-DBE Program Subcontractor Performance Form, and 6100-4-DBE Program Subcontractor Utilization Form, are intended to prevent any "bait and switch" tactics at the subcontract level by prime contractors which may circumvent the spirit of the DBE Program. The requirements to complete the EPA DBE Certification Application (EPA Form 6100-1a) (Sole Proprietorship), the EPA DBE Certification Application (EPA Form 6100-1b) (Limited Liability Company), the EPA DBE Certification Application (EPA 6100-1c) (Partnerships), the EPA DBE Certification Application (EPA Form 6100-1d) (Corporations), the EPA DBE Certification Application (EPA Form 6100-1e) (Alaska Native Corporations), the EPA DBE Certification Application (EPA Form 6100-10 (Tribally Owned Businesses), the EPA DBE Certification Application (EPA Form 6100-1g) (Private and Voluntary Organizations), the EPA DBE Certification Application (EPA Form 6100-1h) (Concerns owned by Native Hawaiian Organizations), and the EPA DBE Certification Application (EPA Form 6100-10 (Concerns Owned by Community Development Corporations), as applicable, would be required to be completed by an entity seeking to be counted as a minority business enterprise (MBE) or women's business enterprise (WBE) under EPA's DBE Program, which cannot get certified as an MBE or WBE by the SBA or DOT under their respective programs or by an Indian Tribal Government or independent private organization consistent with EPA's 8% or 10% statute as applicable. Responses to the collection of information will be mandatory. EPA's legal authorities for the DBE Program are Public Law 102-389, a 1993 appropriations act (42 U.S.C. 4370d) (EPA's 8% statute), and Public Law 101-549, Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) (EPA's 10% statute). Other legal authorities and Executive Orders include Public Law 99-499, the Superfund Amendments and Reauthorization Act of 1986; Public Law 100--590, the Small Business Administration Reauthorization and Amendment Act of 1988; Executive Order 12138, "Creating a National Women's Business Enterprise Policy and Prescribing Arrangements for Developing, Coordinating and Implementing a National Program for Women's Business Enterprise," issued May 18,1979; Executive Order 11625, "Prescribing Additional Arrangements for Developing and Coordinating a National Program for Minority Business Enterprise," issued October 13, 1971; and Executive Order 12432, "Minority Business Enterprise Development," issued July 14, 1983. EPA may make available to the public any information concerning EPA's DBE Program where the release of which is not prohibited by Federal law or regulation, including EPA's Confidential Business Information regulations at 40 CFR part 2, subpart B. The total labor burden and costs to MBEs and WBEs for certification under State, Tribal and Insular Area funding programs is estimated to total $8,750,300, with 168,275 burden hours and 6,731 MBE and WBE entities affected for the three-year period of the ICR. The estimated annual burden per response is 25 hours; the number of respondents is estimated at 2,244 at an average annual labor burden and cost per MBE and WBE of $1300. The average annual burden and costs are estimated by spreading the first year cost over the three-year period of the Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15909 ICR, yielding a total annual average burden of 56,092 hours and $2,916,767 in costs. The total labor burden and costs to all EPA grant and loan recipients that would have to perform an availability analysis to meet the requirements of the proposed rule and other paperwork requirements are estimated to be $16,509,500 with 825,475 burden hours and 3,115 entities affected for the three- year period of the ICR. The estimated annual burden hours for all responses is 275,158, and the annual number of respondents is estimated at 1,038. The annual cost for all respondents would be $5,503,167. The cost per respondent is estimated at $5,250 (each respondent is estimated to perform an availability analysis once every three years) and is estimated to take 265 hours at $20/hour. EPA assumed there were no additional start-up costs or capital expenditures. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is amending the table in 40 CFR part 9 of currently approved OMB control numbers for various regulations to list the regulatory citations for the information requirements contained in this final rule. C. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act (RFA), which generally requires an agency to prepare a regulatory flexibility analysis for any rule that will have a significant economic impact on a substantial number of small entities. The RFA applies only to rules subject to notice- and-comment rulemaking requirements under the Administrative Procedure Act (APA) or any other statute. As a grants- related rule, this rule is not subject to the notice and comment requirements of the APA, 5 U.S.C. 553(a)(1). Nor is there any other statute which requires EPA to undergo notice and comment for this rulemaking. It is important to note that EPA's DBE Program is aimed at improving contracting opportunities for small businesses owned and controlled by socially and economically disadvantaged individuals, among others (e.g., Historically Black Colleges and Universities, etc.). Accordingly, EPA believes that this rule will impact a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with "Federal mandates" that may result in expenditures by State, local, and tribal governments, in the aggregate, or to the private sector of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopts the least costly, most cost- effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating and advising small governments on compliance with the regulatory requirements. This rule contains no Federal Mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector. The UMRA excluded from the definition of "Federal intergovernmental mandate" duties that arise from conditions of federal assistance. Thus, today's rule is not subject to the requirements of section 202 and 205 of the UMRA. Pursuant to section 203 of the UMRA, EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. With the exemptions at the $250,000 level or less from compliance with the fair share objective requirements, EPA believes that there would be minimal impacts on small entities, including small government jurisdictions. Additionally, under this rule, small entity recipients will be able to use appropriate State Agency-negotiated MBE/WBE objectives if such recipients solicit bids/offers from substantially the same relevant geographic market as that State Agency. Therefore, this rule does not meet the threshold test for application of section 203 of UMRA. E. Executive Order 13132: Federalism Executive Order 13132, entitled "Federalism" (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." This rule does not have "federalism implications," as defined in the Executive Order. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Because this rule conditions the use of federal assistance, it will not impose substantial direct compliance costs on State and local governments. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. In the spirit of Executive Order 13132 and consistent with EPA policy to promote communications between EPA 15910 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations and State and local governments, EPA specifically solicited comment on the proposed rule from State and local officials. Stakeholders, including representatives from State government agencies, State government organizations and local governments, were given an opportunity to comment on the proposed rule which was published in the Federal Register on July 24, 2003, during the 180-day comment period. Public hearings were also held in several states across the country to discuss the proposed rule and to encourage comment. F. Executive order 13175 Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure "meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications." EPA has concluded that this final rule will have tribal implications. However, it will neither impose substantial direct compliance costs nor preempt tribal law. Those implications are as follows: Tribes receiving an EPA financial assistance agreement of more than $250,000 for any single assistance agreement, or of more than one financial assistance agreement with a combined total of more than $250,000 in any one fiscal year (excluding Performance Partnership Grant eligible grants to tribes and intertribal consortia under 40 CFR part 35, subpart B) will have to negotiate fair share objectives with EPA unless they choose to adopt MBE and WBE objectives of another EPA recipient consistent with the final rule. Those tribes required to negotiate fair share objectives with EPA will have a phase-in period of up to three years in which to do so; their fair share objectives will remain in effect for three fiscal years after they have been approved by EPA, unless there are significant changes to the data supporting the fair share objectives. Some tribally owned businesses (businesses that a Federally recognized tribal government owns or in which it has a majority share) will not be eligible to be counted towards meeting the MBE/WBE fair share objectives if they do not meet the applicable SBA 8(a) criteria, e.g„ see 13 CFR 124.109(b). Of course, tribes may continue to do business with tribally owned or other companies which do not meet the applicable SBA 8(a) criteria, they simply would not count such procurements toward meeting MBE/WBE objectives. In addition, the rule will have the following impacts on tribes/tribally owned businesses: First, a business owned by a federally recognized tribal government would have to file an annual affidavit with EPA certifying no change in its MBE status, pursuant to § 33.210 of this rule. Second, a business owned by a Federally recognized tribal government will have to be recertified every three years as meeting SBA's applicable 8(a) criteria to be eligible to be counted in the future towards meeting the MBE/ WBE fair share objectives, pursuant to § 33.208. Third, a business owned by a federally recognized tribal government, if it is not already certified in accordance with SBA's applicable 8(a) criteria, may have to incur costs to be certified if there is no tribal certifier available and the other certifying entity charges for its services. Fourth, a tribe as a recipient of EPA financial assistance will have to be notified in writing before any termination of a DBE subcontractor for convenience is made by its prime contractor, pursuant to § 33.303(a). Fifth, consistent with other Federal and tribal laws, a tribe will have to require its prime contractor, after the tribe has unsuccessfully sought to apply Indian preference consistent with the Indian Self-Determination and Education Assistance Act, to employ the good faith efforts described in § 33.301 if a DBE subcontractor fails to complete work under a subcontract for any reason and the prime contractor solicits a replacement subcontractor, pursuant to § 33.303(b). Sixth, consistent with other Federal and tribal Laws, a tribe will have to require its prime contractor, after it has unsuccessfully sought to apply Indian preference consistent with the Indian Self-Determination and Education Assistance Act, to employ the good faith efforts described in § 33.301 even if it has achieved its fair share objectives under subpart D of the rule, pursuant to § 33.303(c). Seventh, a tribe will have to require its prime contractors to provide EPA Form 6100-2--DBE Program Subcontractor Participation Form, EPA Form 6100-3--DBE Program Subcontractor Performance Form and EPA Form 6100-4-DBE Program Subcontractor Utilization Form to all of its DBE subcontractors, pursuant to sections 33.303(e), (t) and (g), respectively. Eighth, a tribal recipient that conducts procurements will have to create and maintain a bidders list in accordance with § 33.501(b). The purpose of this list is to provide recipients as accurate a database as possible about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors who seek to work on procurements under EPA financial assistance agreements. The following information must be obtained from all such prime and subcontractors: (1) Entity's name with point of contact; (2) entity's mailing address, telephone number, and e-mail address; (3) the procurement on which the entity bid or quoted, and when; and (4) entity's status as an MBE/WBE or non-MBE/WBE. EPA consulted with tribal officials and/or representatives of tribal governments early in the process of developing this regulation to permit them to have meaningful and timely input into its development. This rule has been under development for the past several years. The meaningful and timely input of Tribal officials and/or representatives into the development of this rule is as follows: On February 2-4, 1999, EPA invited tribal recipients of EPA grants and cooperative agreements to an EPA/State/ Tribal Annual Conference in Albuquerque, New Mexico. During this conference, EPA representatives discussed a number of issues relating to the rule under development with the general audience. In addition, EPA representatives met separately with tribal officials and/or representatives to discuss issues of concern to tribes. EPA posted a staff draft of the proposed rule, dated June 19, 2000, on EPA's Internet Web site to solicit public comment. On June 27---30, 2000, the Agency held its EPA/State/Tribal Annual Conference in Albuquerque, New Mexico. Again, EPA invited tribal recipients of EPA financial assistance agreements to attend. During the June, 2000 conference, agency representatives discussed in detail the June 19, 2000 staff draft of the rule, which had been posted on EPA's Web site. EPA solicited comments on the staff draft of the rule from conference participants. Tribal officials and/or representatives attended that conference as well. As of June 30, 2001, EPA received a total of 17 written comments on the staff draft from Indian tribes. During the development of this rule EPA representatives made a number of oral presentations to the Tribal Operations Committee (TOC) on the rule's progress and solicited input. The TOG is comprised of 19 national tribal representatives from the nine EPA Regions that have federally recognized tribes and EPA Senior Management; its role is to provide input into EPA decision making affecting Indian Country. On November 29, 2000, EPA Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15911 representatives met with the TOC at the EPA Tribal Caucus Regional Joint meeting in Miami, Florida, to discuss the staff draft rule and to obtain further tribal input into the rulemaking process. Starting in November, 2000, EPA invited tribal recipients of EPA grants and cooperative agreements to participate in outreach sessions held in cities around the country in order to discuss the staff draft rule. EPA further solicited tribal input into the rulemaking at meetings with tribal officials/representatives at the Department of the Interior 2001 Conference on the Environment hosted by the Bureau of Indian Affairs on March 13-15, 2001, in Albuquerque, New Mexico and at the Reservation Economic Summit and American Indian Business Trade Fair (RES 2001) in Anaheim, California, on March 20, 2001. EPA further solicited tribal input in another meeting with the TOG on April 24, 2001, in Miami, Florida. As part of its ongoing tribal coordination on this rule, EPA held meetings with tribal officials to discuss the staff draft rule in Boston, Massachusetts on April 11, 2001 and in Seattle, Washington on May 23, 2001. EPA held further coordination meetings with tribal officials to discuss a draft of this Rule in Ocean Shores, Washington during the week of January 28, 2002. On July 24, 2003, the proposed rule was published in the Federal Register, with a 180-day comment period. After the rule was published in the Federal Register, EPA held 10 tribal meetings across the country to solicit comments and suggestions on the final rule. EPA has considered tribal concerns and written comments in the final rule. A summary of the nature of tribal concerns and EPA's response follows: 1. Applicability of the Rule to Tribes Awards of Grants and Cooperative Agreements to tribes are currently governed by 40 CFR part 31,"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." These are government wide requirements that have been in effect since 1988. Among other entities subject to the regulations are governments. The definition of "Government" in 40 CFR 31.3 includes * * * a federally recognized Indian tribal government." Many requirements contained in this rule are not new but rather are the same requirements contained in 40 CFR part 31, with which many tribes already have been complying. For example, the reporting and recordkeeping requirements are already applicable to Indian tribes. In addition, neither EPA's statutory 10% MBE/WBE procurement objective requirements for research relating to the requirements of the Clean Air Act, nor EPA's statutory 8% MBE/WBE procurement objective requirements for all other programs, exempt tribes. Therefore, tribes are not exempt from this rule, because it promotes the utilization of all disadvantaged entities in procurement under EPA financial assistance agreements, including tribally owned businesses and businesses owned by a member(s) of a tribe. 2. Trigger for Fair Share Negotiations The issue of increasing the dollar amount of the trigger requiring compliance with the fair share objective requirements and the corresponding availability analysis was of special concern to tribes awarded General Assistance Program grants. Comments also expressed the view that availability analysis preparation requirements should apply only to tribes spending 90% or more of their grants on outside procurement. Other tribes expressed the view that preparing availability analyses is too costly for them, especially for smaller tribes. In response to concerns raised by tribes, the trigger requiring compliance with the fair share objective requirements has been increased to $250,000 from the $100,000 threshold contained in an earlier draft of the rule. Also because of the nature of eligible program grants which can be included in Performance Partnership Grants (PPGs) to tribes under 40 CFR part 35, subpart B, and the unique nature of eligible recipients, the Agency is exempting PPG eligible program grants to tribes under 40 CFR part 35, subpart B from the fair share negotiation requirements. Accordingly, only tribes receiving an EPA financial assistance agreement of more than $250,000 for any single assistance agreement, or of more than one financial assistance agreement with a combined total of more than $250,000 in any one fiscal year (excluding PPG eligible program grants under 40 CFR part 35, subpart B), will have to comply with the fair share objective requirements. The Agency believes that this change effectively addresses the concerns by setting a uniform standard applicable to all recipients, including tribes, rather than, for example, setting a standard based on amounts spent by tribes on outside procurement, which could pose implementation difficulties. EPA believes that most tribes will not have to comply with the fair share objective requirements under the final rule because they will fall under the $250,000 exemption or the exemption for PPG eligible program grants under 40 CFR part 35, subpart B. Finally, EPA believes that a number of tribes which otherwise would have to negotiate fair share objectives may elect instead to apply the objectives of another recipient in accordance with the requirements of the rule. The rule will also provide tribes with a three-year phase-in period to comply with the fair share negotiation requirement. 3. Reporting and Recordkeeping Requirements Some tribes expressed .concerns that keeping records of and reporting purchases for EPA funded grants would impose a heavy burden on tribal governments. Instead, they suggested basing reporting on the amount of money the tribe received rather than on the amount of money it spent on outside supplies and services. EPA considered these concerns and concluded that 40 CFR part 31 already requires tribes to comply with part 31's recordkeeping and reporting requirements, which included MBE/ WBE recordkeeping and reporting. The Agency believes that basing requirements on amounts received rather than on amounts spent would be an inaccurate measurement of MBE/ WBE procurement utilization. EPA currently requires financial assistance recipients to report MBE/WBE accomplishments based on dollars spent on MBE/WBE procurements. Therefore, EPA is not adopting the suggested change. However, because of comments received requesting a reduction in the burden created by quarterly reporting, EPA has reduced the reporting requirement to semi-annually for recipients who currently report on a quarterly basis. Recipients who currently report annually will continue to do so. 4. Compliance With the Good Faith Efforts Requirements One comment objected to having to advertise in newspapers; a comment was also made that EPA should investigate alternative mechanisms that encourage a tribe to seek out MBEs/ WBEs during the procurement process without incurring an unreasonable financial burden. Section 7(b) of the Indian Self- Determination and Education Assistance Act requires tribal governments to solicit tribally-owned businesses and/or businesses owned by a member(s) of a tribe, before undertaking the six good faith efforts. Tribes are currently subject to 40 CFR part 31, which requires them to make 15912 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations good faith efforts to ensure that DBEs are used whenever possible. EPA is changing this requirement. EPA does not believe that the good faith effort requirements are unduly burdensome. 5. Phase-In Period One comment expressed a concern about the timing of the phase-in period and the maximum amount of time needed for the requirement to be implemented. EPA believes that the three-year phase-in period, which begins after the final rule's effective date, allows tribes sufficient time to prepare for and comply with the requirements of the rule. As required by section 7(a), EPA's Tribal Consultation Official has certified that the requirements of the Executive Order have been met in a meaningful and timely manner. A copy of the certification is included in the docket for this rule. G. Executive Order 13045: (Protection of Children From Environmental Health Risks and Safety Risks) Executive Order 13045: "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be "economically significant" as defined under Executive Order 12866, and (2) concerns any environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Signi ficantly Affect Energy Supply, Distribution, or Use This rule is not a "significant energy action" as defined in Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. EPA has concluded that this rule is not likely to have any adverse energy effects. L National Technology Transfer and Advancement Act As noted in the proposed rule, section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. j. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Law-,Income Populations Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2). This rule will be effective May 27, 2008. List of Subjects 40 CFR Part 30 Environmental protection, Administrative practice and procedure, Grant programs-environmental protection, Reporting and recordkeeping requirements. 40 CFR Part 31 Accounting, Administrative practice and procedure, Grant programs, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 33 Grant programs-environmental protection. 40 CFR Part 35 Grant programs-environmental protection, Grant programs-Indians, Hazardous waste, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 40 Research and Demonstration Grants- Projects involving construction. Dated: March 16, 2008. Stephen L. Johnson, Administrator. ¦ For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 30-[AMENDED] ¦ 1. The authority citation for part 30 continues to read as follows: Authority: 7 U.S.C. 135 et seq.; 15 U.S.C. 2601 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 241, 242(b), 243, 246, 300f, 300j-1, 300j-2, 300j-3; 1857 et seq.; 6901 et seq.. 7401 et seq.; OMB circular A-110 (64 FR 54926, October 8, 1999). § 30.44 [Amended] ¦ 2. Section 30.44 is amended by removing and reserving paragraph (b). PART 31-[AMENDED] ¦ 3. The authority citation for part 31 continues to read as follows: Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15913 1251 et seq. and 1401 et seq.; 42 U.S.C. 300f et seq., 6901 et seq., 7401 et seq., and 9601 et seq. § 31.36 [Amended] ¦ 4. Section 31.36 is amended by removing and reserving paragraph (e). PART 33---[ADDED] ¦ 5. Part 33 is added as follows: PART 33-PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS Subpart A-General Provisions Sec. 33.101 What are the objectives of this part? 33.102 When do the requirements of this part apply? 33.103 What do the terms in this part mean? 33.104 Maya recipient apply for a waiver from the requirements of this part? 33.105 What are the compliance and enforcement provisions of this part? 33.106 What assurances must EPA financial assistance recipients obtain from their contractors? 33.107 What are the rules governing availability of records, cooperation, and intimidation and retaliation? Subpart B-Certification 33.201 What does this subpart require? 33.202 How does an entity qualify as an MBE or WBE under EPA's 8% statute? 33.203 How does an entity qualify as an MBE or WBE under EPA's 10% statute? 33.204 Where does an entity become certified under EPA's 8% and 10% statutes? 33.205 How does an entity become certified by EPA? 33.206 Is there a list of certified MBEs and WBEs? 33.207 Can an entity reapply to EPA for MBE or WBE certification? 33.208 How long does anMBE or WBE certification from EPA last? 33.209 CanEPA re-evaluate the MBE or WBE status of an entity after EPA certifies it to be an MBE or WBE? 33.210 Does an entity certified as an MBE or WBE by EPA need to keep EPA informed of any changes which may affect the entity's certification? 33.211 What is the process for appealing or challenging an EPA MBE or WBE certification determination? 33.212 What conduct is prohibited by this subpart? Subpart C-Good Faith Efforts 33.301 What does this subpart require? 33.302 Are there any additional contract administration requirements? 33.303 Are there special rules for loans under EPA financial assistance agreements? 33.304 Must a Native American (either as an individual, organization, Tribe or Tribal Government) recipient or prime contractor follow the six good faith efforts? Subpart D-Fair Share Objectives 33.401 What does this subpart require? 33.402 Are there special rules for loans under EPA financial assistance agreements? 33.403 What is a fair share objective? 33.404 When must a recipient negotiate fair share objectives with EPA? 33.405 How does a recipient determine its fair share objectives? 33.406 May a recipient designate a lead agency for fair share objective negotiation purposes? 33.407 How long do MBE and WBE fair share objectives remain in effect? 33.408 Maya recipient use race and/or gender conscious measures as part of this program? 33.409 Maya recipient use quotas as part of this program? 33.410 Cana recipient be penalized for failing to meet its fair share objectives? 33.411 Who maybe exempted from this subpart? 33.412 Must an Insular Area or Indian Tribal Government recipient negotiate fair share objectives? Subpart E-Recordkeeping and Reporting 33.501 What are the recordkeeping requirements of this part? 33.502 What are the reporting requirements of this part? 33.503 How does a recipient calculate MBE and WBE participation for reporting purposes? Appendix A to Part 33-Terms and Conditions Authority: 15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f); E.O. 11625, 36 FR 19967, 3 CFR, 1971 Comp., p. 213; E.O. 12138, 49 FR 29637, 3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FR 32551, 3 CFR, 1983 Comp., p. 198. Subpart A-General Provisions §33.101 What are the objectives of this part? The objectives of this part are: (a) To ensure nondiscrimination in the award of contracts under EPA financial assistance agreements. To that end, implementation of this rule with respect to grantees, sub-grantees, loan recipients, prime contractors, or subcontractors in particular States or locales-notably those where there is no apparent history of relevant discrimination--must comply with equal protection standards at that level, apart from the EPA DBE Rule's constitutional compliance as a national matter; (b) To harmonize EPA's DBE Program objectives with the U.S. Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); (c) To help remove barriers to the participation of DBEs in the award of contracts under EPA financial assistance agreements; and (d) To provide appropriate flexibility to recipients of EPA financial assistance in establishing and providing contracting opportunities for DBEs. §33.102 When do the requirements of this part apply? The requirements of this part apply to procurement under EPA financial assistance agreements performed entirely within the United States, whether by a recipient or its prime contractor, for construction, equipment, services and supplies. 933.103 What do the terms In this part mean? Terms not defined below shall have the meaning given to them in 40 CFR part 30, part 31 and part 35 as applicable. As used in this part: Availability analysis means documentation of the availability of MBEs and WBEs in the relevant geographic market in relation to the total number of firms available in that area. Award official means the EPA Regional or Headquarters official delegated the authority to execute financial assistance agreements on behalf of EPA. Broker means a firm that does not itself perform, manage or supervise the work of its contract or subcontract in a manner consistent with the normal business practices for contractors or subcontractors in its line of business. Business, business concern or business enterprise means an entity organized for profit with a place of business located in the United States, and which operates primarily within the United States or which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials or labor. Construction means erection, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other improvements to real property, and activities in response to a release or a threat of a release of a hazardous substance into the environment, or activities to prevent the introduction of a hazardous substance into a water supply. Disabled American means, with respect to an individual, permanent or temporary physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment. 15914 Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations Disadvantaged business enterprise (DBE) means an entity owned or controlled by a socially and economically disadvantaged individual as described by Public Law 102-389 (42 U.S.C. 4370d) or an entity owned and controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a Small Business in a Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF), a Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program. Disparity study means a comparison within the preceding ten years of the available MBEs and WBEs in a relevant geographic market with their actual usage by entities procuring in the categories of construction, equipment, services and supplies. Equipment means items procured under a financial assistance agreement as defined by applicable regulations (for example 40 CFR 30.2 and 40 CFR 31.3) for the particular type of financial assistance received. Fair share objective means an objective expressing the percentage of MBE or WBE utilization expected absent the effects of discrimination. Financial assistance agreement means grants or cooperative agreements awarded by EPA. The term includes grants or cooperative agreements used to capitalize revolving loan funds, including, but not limited to, the Clean Water State Revolving Loan Fund (CWSRF) Program under Title VI of the Clean Water Act, as amended, 33 U.S.C. 1381 et seq., the Drinking Water State Revolving Fund (DWSRF) Program under section 1452 of the Safe Drinking Water Act, 42 U.S.C. 300j-12, and the Brownfields Cleanup Revolving Loan Fund (BCRLF) Program under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9604. Good faith efforts means the race and/ or gender neutral measures described in subpart C of this part. Historically black college or university (HBCU) means an institution determined by the Secretary of Education to meet the requirements of 34 CFR part 608. HUBZone means a historically underutilized business zone, which is an area located within one or more qualified census tracts, qualified metropolitan counties, or lands within the external boundaries of an Indian reservation. HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. Identified loan means a loan project or set-aside activity receiving assistance from a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund, which: (1) In the case of the CWSRF Program, is a project funded from amounts equal to the capitalization grant; (2) In the case of the DWSRF Program, is a loan project or set-aside activity funded from amounts up to the amount of the capitalization grant; or (3) In the case of the BCRLF Program, is a project that has been funded with EPA financial assistance. Insular area means the Commonwealth of Puerto Rico or any territory or possession of the United States. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Labor surplus area firm (LSAF) means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas (as identified by the Department of Labor in accordance with 20 CFR part 654). Performance is substantially in labor surplus areas if the costs incurred under the contract nn ar:cnunt of manufacturing, production or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price. Minority business enterprise (MBE) means a Disadvantaged Business Enterprise (DBE) other than a Small Business Enterprise (SBE), a Labor Surplus Area Firm (LSAF), a Small Business in Rural Areas (SBRA), or a Women's Business Enterprise (WBE). Minority institution means an accredited college or university whose enrollment of a single designated group or a combination of designated groups (as defined by the Small Business Administration regulations at 13 CFR part 124) exceeds 50% of the total enrollment. Native American means any individual who is an American Indian, Eskimo, Aleut, or Native Hawaiian. Recipient means an entity that receives an EPA financial assistance agreement or is a sub-recipient of such agreement, including loan recipients under the Clean Water State Revolving Fund Program, Drinking Water State Revolving Fund Program, and the Brownfields Cleanup Revolving Loan Fund Program. Services means a contractor's labor, time or efforts provided in a manner consistent with normal business practices which do not involve the delivery of a specific end item, other than documents (e.g., reports, design drawinggs, specifications). Smalls, small business concern or small business enterprise (SBE) means a concern, including its affiliates, that is independently owned and operated, not dnminant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR part 121. Small business in a rural area (SBRA) means a small business operating in an area identified as a rural county with a code 6-9 in the Rural-Urban continuum Classification Code developed by the United States Department of Agriculture in 1980. Supplies means items procured under a financial assistance agreement as defined by applicable regulations for the particular type of financial assistance received. United States means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico and any other territories and possessions of the United States. Women's business enterprise (WBE) means a business concern which is at least 51% owned or controlled by women for purposes of EPA's 8% statute or a business concern which is at least 51% owned and controlled by women for purposes for EPA's 10% statute. Determination of ownership by a married woman in a community property jurisdiction will not be affected by her husband's 50 percent interest in her share. Similarly, a business concern which is more than 50 percent owned by a married man will not become a qualified WBE by virtue of his wife's 50 percent interest in his share. §33.104 May recipients apply for a waiver from the requirements of this part? (a) A recipient may apply for a waiver from any of the requirements of this part that are not specifically based on a statute or Executive Order, by submitting a written request to the Director of the Office of Small and Disadvantaged Business Utilization. (b) The request must document special or exceptional circumstances that make compliance with the Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008 / Rules and Regulations 15915 requirement impractical, including a specific proposal addressing how the recipient intends to achieve the objectives of this part as described in § 33.101. The request must show that: (1) There is a reasonable basis to conclude that the recipient could achieve a level of MBE and WBE participation consistent with the objectives of this part using different or innovative means other than those that are provided in subparts C or D of this part; (2) Conditions in the recipient's jurisdiction are appropriate for implementing the request; and (3) The request is consistent with applicable law. (c) The OSDBU Director has the authority to approve a recipient's request. If the OSDBU Director grants a recipient's request, the recipient may administer its program as provided in the request, subject to the following conditions: (1) The recipient's level of MBE and WBE participation continues to be consistent with the objectives of this part; (2) There is a reasonable limitation on the duration of the recipient's modified program; and (3) Any other conditions the OSDBU Director makes on the grant of the waiver. (d) The OSDBU Director may end a program waiver at any time upon notice to the recipient and require a recipient to comply with the provisions of this part. The OSDBU Director may also extend the waiver if he or she determines that all requirements of paragraphs (b) and (c) of this section continue to be met. Any such extension shall be for no longer than the period originally set for the duration of the program waiver. §33.105 What are the compliance and enforcement provisions of this part? If a recipient fails to comply with any of the requirements of this part, EPA may take remedial action under 40 CFR parts 30, 31 or 35, as appropriate, or any other action authorized by law, including, but not limited to, enforcement under 18 U.S.C. 1001 and/ or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Examples of the remedial actions under 40 CFR parts 30, 31, and 35 include, but are not limited to: (a) Temporarily withholding cash payments pending correction of the deficiency by the recipient or more severe enforcement action by EPA; (b) Disallowing all or part of the cost of the activity or action not in compliance; (c) Wholly or partly suspending or terminating the current award; or (d) Withholding further awards for the project or program. §33.106 What assurances must EPA financial assistance recipients obtain from their contractors? The recipient must ensure that each procurement contract it awards contains the term and condition specified in Appendix A to this part concerning compliance with the requirements of this part. The recipient must also ensure that this term and condition is included in each procurement contract awarded by an entity receiving an identified loan under a financial assistance agreement to capitalize a revolving loan fund. §33.107 What are the rules governing availability of records, cooperation, and intimidation and retaliation? (a) Availability of records. (1) In responding to requests for information concerning any aspect of EPA's DBE Program, EPA complies with the provisions of the Federal Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a). EPA may make available to the public any information concerning EPA's DBE Program release of which is not prohibited by Federal law or regulation, including EPA's Confidential Business Information regulations at 40 CFR part 2, subpart B. (2) EPA recipients shall safeguard from disclosure to unauthorized persons information that may reasonably be considered as confidential business information, consistent with Federal, state, and local law. (b) Cooperation. All participants in EPA's DBE Program are required to cooperate fully and promptly with EPA, EPA Private Certifiers and EPA recipients in reviews, investigations, and other requests for information. Failure to do so shall be a ground for appropriate action against the party involved in accordance with § 33.105. (c) Intimidation and retaliation. A recipient, contractor, or any other participant in EPA's DBE Program must not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part. Violation of this prohibition shall be a ground for appropriate action against the party involved in accordance with § 33.105. Subpart B-Certification §33.201 What does this subpart require? (a) In order to qualify and participate as an MBE or WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by this subpart. (b) EPA's DBE Program is primarily based on two statutes. Public Law 102- 389, 42 U.S.C. 4370d, provides for an 8% objective for awarding contracts under EPA financial assistance agreements to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals, including HBCUs and women ("EPA's 8% statute"). Title X of the Clean Air Act Amendments of 1990, 42 U.S.C. 7601 note, provides for a 10% objective for awarding contracts under EPA financial assistance agreements for research relating to such amendments to business concerns or other organizations owned and controlled by socially and economically disadvantaged individuals ("EPA's 10% statute"), §33.202 How does an entity qualify as an MBE or WBE under EPA's 8% statute? To qualify as an MBE or WBE under EPA's 8% statute, an entity must establish that it is owned or controlled by socially and economically disadvantaged individuals who are of good character and citizens of the United States. An entity need not demonstrate potential for success. (a) Ownership or control. "Ownership" and "control" shall have the same meanings as set forth in 13 CFR 124.105 and 13 CFR 124.106, respectively. (See also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations), (b) Socially disadvantaged individual. A socially disadvantaged individual is a person who has been subjected to racial or ethnic prejudice or cultural bias because of his or her identity as a member of a group without regard to his or her individual qualities and as further defined by the implementing regulations of section 8(a)(5) of the Small Business Act (15 U.S.C. 637(a)(5); 13 CFR 124.103; see also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations). (c) Economically disadvantaged individual. An economically disadvantaged individual is a socially disadvantaged individual whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged and as further defined by section 8(a)(6) of the 15916 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations Small Business Act (15 U.S.C. 637(a)(6)) and its implementing regulations (13 CFR 124.104). (See also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations). Under EPA's DBE Program, an individual claiming disadvantaged status must have an initial and continued personal net worth of less than $750,000. (d) HBCU. An HBCU automatically qualifies as an entity owned or controlled by socially and economically disadvantaged individuals. (e) Women. Women are deemed to be socially and economically disadvantaged individuals. Ownership or control must be demonstrated pursuant to paragraph (a) of this section, which may be accomplished by certification under § 33.204. §33.203 How does an entity qualify as an MBE or WBE under EPA's 10% statute? To qualify as an MBE or WBE under EPA's 10% statute, an entity must establish that it is owned and controlled by socially and economically disadvantaged individuals who are of good character and citizens of the United States. (a) Ownership and control. An entity must be at least 51% owned by a socially and economically disadvantaged individual, or in the case of a publicly traded company, at least 51% of the stock must be owned by one or more socially and economically disadvantaged individuals, and the management and daily business operations of the business concern must be controlled by such individuals. (See also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations). (b) Socially disadvantaged individual. A socially disadvantaged individual is a person who has been subjected to racial or ethnic prejudice or cultural bias because of his or her identity as a member of a group without regard to his or her individual qualities and as further defined by the implementing regulations of section 8(a)(5) of the Small Business Act (15 U.S.C. 637(a)(5); 13 CFR 124.103; see also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations). (c) Economically disadvantaged individual. An economically disadvantaged individual is a socially disadvantaged individual whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged and as further defined by section 8(a)(6) of the Small Business Act (15 U.S.C. 637(a)(6)) and its implementing regulations (13 CFR 124.104). (See also 13 CFR 124.109 for special rules applicable to Indian tribes and Alaska Native Corporations; 13 CFR 124.110 for special rules applicable to Native Hawaiian Organizations). Under EPA's DBE Program, an individual claiming disadvantaged status must have an initial and continued personal net worth of less than $750,000. (d) Presumptions. In accordance with Title X of the Clean Air Act Amendments of 1990, 42 U.S.C. 7601 note, Black Americans, Hispanic Americans, Native Americans, Asian Americans, Women and Disabled Americans are presumed to be socially and economically disadvantaged individuals. In addition, the following institutions are presumed to be entities owned and controlled by socially and economically disadvantaged individuals: HBCUs, Minority institutions (including Tribal Colleges and Universities and Hispanic-Serving Institutions) and private and voluntary organizations controlled by individuals who are socially and economically disadvantaged. (e) Individuals not members of designated groups. Nothing in this section shall prohibit any member of a racial or ethnic group that is not designated as socially and economically disadvantaged under paragraph (d) of this section from establishing that they have been impeded in developing a business concern as a result of racial or ethnic discrimination. (f) Rebuttal of presumptions. The presumptions established by paragraph (d) of this section may be rebutted in accordance with § 33.209 with respect to a particular entity if it is reasonably established that the individual at issue is not experiencing impediments to developing such entity as a result of the individual's identification as a member of a specified group. (g) joint ventures. (1) A joint venture may be considered owned and controlled by socially and economically disadvantaged individuals, notwithstanding the size of such joint venture, if a party to the joint venture is an entity that is owned and controlled by a socially and economically disadvantaged individual, and that entity owns 51% of the joint venture. (2) As a party to a joint venture, a person who is not an economically disadvantaged individual, or an entity that is not owned and controlled by a socially and economically disadvantaged individual, may not be a party to more than two awarded contracts in a fiscal year solely by joint venture with a socially and economically disadvantaged individual or entity. §33.204 Where does an entity become certified under EPA's 8% and 10% statutes? (a) In order to participate as an MBE or WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must first attempt to be certified by the following: (1) The United States Small Business Administration (SBA), under its 8(a) Business Development Program (13 CFR part 124, subpart A) or its Small Disadvantaged Business (SDB) Program, (13 CFR part 124, subpart B); (2) The United States Department of Transportation (DOT), under its regulations for Participation by Disadvantaged Business Enterprises in DOT Programs (49 CFR parts 23 and 26); or (3) an Indian Tribal Government, State Government, local Government or independent private organization in accordance with EPA's 8% or 10% statute as applicable. (2) Such certifications shall be considered acceptable for establishing MBE or WBE status, as appropriate, under EPA's DBE Program as long as the certification meets EPA's U.S. citizenship requirement under § 33.202 or § 33.203. (3) An entity may only apply to EPA for MBE or WBE certification under the procedures set forth in § 33.205 if that entity first is unable to obtain MBE or WBE certification under paragraphs (a) (1) through (3) of this section. (b) [Reserved]. §33.205 How does an entity become certified by EPA? (a) Filing an application. In accordance with § 33.204, an entity may apply to EPA's Office of Small and Disadvantaged Business Utilization (EPA OSDBU) for certification as an MBE or WBE. EPA's Regional Offices will provide further information and required application forms to any entity interested in MBE or WBE certification. The applicant must attest to the accuracy and truthfulness of the information on the application form. This shall be done either in the form of an affidavit sworn to by the applicant before a person who is authorized by state law to administer oaths or in the Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15917 form of an unsworn declaration application for certification. EPA (v) Obtain a stateent fro the entity m executed under penalty of perjury of the OSDBU will issue a written d i i it laws of the United States. The application must include evidence ec s on t the entity setting forth EPA OSDBU's o of the type of work prefem to perform for EPA recipients under the DBE demonstrating that the entity is owned reasons for disapproval. v Program and its preferred locations for or controlled by one or more individuals entity's eligib 1 eligibility shall be evaluated on Deforming the work, if any; and claiming disadvantaged status under the basis of present circumst Obtain or compile a list of the A E ' PA s 8% statute or owned and controlled by one or more individuals claiming disadvanta ed t t d ances. n entity shall not be denied certification based solely on historical information uip equipment owned s by to or available n the entity and the licenses the entity and its k g s a us un er EPA's 10% statute, along with certifications or narratives re ardi th indicating a lack of ownership and/or control of the firm by socially and ey personnel possess to perform the work it seeks to do for EPA recipients d h g ng disadvantaged status of such er t e DBE Program. e economically disadvantaged individuals un at some time in the past, if the entit individuals. In addition, the application y must include documentation of a denial currently meets the ownership and/or of a m oc §33.208 Is there a list of certified MBEs and WBEs? certification of by a Federal a g ency, State government, local government control standards of this subpart. (2) Entities seeking MBE or WBE EPA OSDBU will maintain a list of , Indian Tribal government, or independent private organization if certification shall cooperate fully with requests for information relevant to the d MBEs WBEs on s Home Page MBEs and a on the e EPA age on t Internet. , applicable, certification process. Failure or refusal to ro id h Any interested Any interested person may also obtain a copy of the list f EP (h) Application processing. EPA (b) A p v e suc information is a round g rom A OSDBU. O will advise each applicant within 15 days, whenever practicable for denial of certification. (3) In making its certification §33.207 Can an entity reapPI to EPA for MBE or WSE certifican? y , after receipt of an application whether determination, EPA OSDBU may the application is complete and suitable th consider whether an entity has An entity which has been denied for evaluation and, if not, what exhibited a pattern of conduct MBE or WBE certification may reapply additional information or action is indicating its involvement in attempts for certification at any time 12 months required. EPA OSDBU shall make its certification decision within 30 da s f to evade or subvert the intent or requirements of the DBE Program or more after the date of the most recent determination by EPA OSDBU to y o receipt of a complete and suitable . (4) EPA OSDBU shall not consider the decline the application. application package, whenever practicable. The burden is on the issue of whether an entity performs a commercially useful function in making §33.208 Wow long does an MBE or WBE certification from EPA last? applicant to demonstrate that those its certification determination. individuals claiming disadvantaged Consideration of whether an entity Once EPA BU certifies entity status own or control the entity under performs a commercially useful or n to be an MBE or WBE pl acing it EPA's 8% statute or own and control the function or is a regular dealer pertains of c the EPA OSDBU list erti cfied M$s MBEs entity under EPA's 10% statute. solely to counting toward MBE and and WBEs specified § in the (c) Ownership and/or control WBE objectives as provided in subpart re n on , entity will generally remain on the list determination. EPA OSDBU first will E of this part, for a period of three years from the date determine whether those individuals (5) Information gathered as part of the of its certification. To remain on the list claiming disadvantaged status own or certification process that may after three years, an entity must submit control the applicant entity under EPA's 8% statute or own and control the reasonably be regarded as proprietary or other confidential business informatio anew application and receive a new certification. applicant entity under EPA's 10% statute. If EPA OSDBU determines that n will be safeguarded from disclosure to unauthorized persons consistent with §33.209 CanEPAre-tetheMBE V a r the applicant does not meet the ownership and/or control requirements , applicable Federal, State, and local law. (6) To assist in makin EPA OSD$ ' WBE status of an entity afa EPA cert f s It to be an MBE or WBE? of this subpart, EPA OSDBU will issue g U s certification determination, EPA ( EPA OSDBU may initiate a a written decision to the entity rejecting the application and set forth the reasons OSDBU itself may take the following steps: ti certfication determination whenever it receives credible information c lli for disapproval. (d) Disadvantaged determination, W Perform an on-site visit to the offices of the entity. Interview the a ng MBE into or WBE question an entity's eligibility o an . Uponitscompletion of a Once EPA OSDBU determines whether an applicant meets the ownership and/ principal officers of the entity and review their resumes and/or work certification determination, EPA OSDBU will issue a written or control requirements of this subpart, EPA OSDBU will dete i h h histories. Perform an on-site visit to l determination regarding the MBE or WB rm ne w et er the applicable disadvantaged status ocal job sites if there are such sites on which the entit is ki E status of the questioned entity. If b requirements under EPA's 8% or 10% statute have been met If EPA O y wor ng at the time of the certification investigation, ( ) EPA OSDBU finds that the entity does not qualify as an MBE or WBE . SDBU determines that the applicable Already existing site visit reports may be relied upon in makin th , EPA OSDBU will decertify the entity as an MBE W disadvantaged status requirements have been met, EPA OSDBU shall notif the g e certification; (ii) If h or BE, and immediately remove the entity from the EPA OSDBU y applicant that it has been certified and t e entity is a corporation, analyze the ownership of stock in th list of certified MBEs and WBEs. place the MBE or WBE on EPA e entity; (c) If EPA OSDBU finds that the entity OSDBU's list of qualified MBEs and WBEs. If EPA OSDBU determines that (iii) Analyze the l financial capacit of the ntid continues to MBE qualify as an in a or WBE, the determination remains in effect for the applicable disadvantaged status requirements have not been met EPA y e (iv) Determine the work history of the i under he same condit onsf sh if heision , OSDBU will reject the entity's ent ty, including contracts it has received and work it has com leted entity had been granted MBE or WBE p ; certification under § 33.205. 15918 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations §33.210 Does an entity certified as an MBE or WBE by EPA need to keep EPA Informed of any changes which may affect the entity's certification? (a) An entity certified as an MBE or WBE by EPA OSDBU must provide EPA OSDBU, every year on the anniversary of the date of its certification, an affidavit sworn to by the entity's owners before a person who is authorized by state law to administer oaths or an unsworn declaration executed under penalty of perjury of the laws of the United States. This affidavit must affirm that there have been no changes in the entity's circumstances affecting its ability to meet disadvantaged status, ownership, and/or control requirements of this subpart or any material changes in the information provided in its application form. Failure to comply may result in the loss of MBE or WBE certification under EPA's DBE Program. (b) An entity certified as an MBE or WBE by EPA OSDBU must inform EPA OSDBU in writing of any change in circumstance affecting the MBE's or WBE's ability to meet disadvantaged status, ownership, and/or control requirements of this subpart or any material change in the information provided in its application form. The MBE or WBE must attach supporting documentation describing in detail the nature of such change. The notice from the MBE or WBE must take the form of an affidavit sworn to by the applicant before a person who is authorized by State law to administer oaths or of an unsworn declaration executed under penalty of perjury of the laws of the United States. The MBE or WBE must provide the written notification within 30 calendar days of the occurrence of the change. §33-211 What is the process for appealing or challenging an EPA MBE or WBE certification determination? (a) An entity which has been denied MBE or WBE certification by EPA OSDBU under § 33.205 or § 33.209 may appeal that denial. A third party may challenge EPA OSDBU's determination to certify an entity as an MBE or WBE under § 33.205 or § 33.209. (b) Appeals and challenges must be sent to the Director of OSDBU at Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Mail Code 1230T, Washington, DC 20460. (c) The appeal or challenge must be sent to the Director of OSDBU (Director) within 90 days of the date of EPA OSDBU's MBE or WBE certification determination. The Director may accept an appeal or challenge filed later than 90 days after the date of EPA OSDBU's MBE or WBE certification determination if the Director determines that there was good cause, beyond the control of the appellant or challenger, for the late filing of the appeal or challenge. (d) No specific format is required for an appeal or challenge. However, the appeal or challenge must include information and arguments concerning why EPA OSDBU's MBE or WBE certification determination should be reversed. For challenges in which a third party questions EPA OSDBU's determination to certify an entity as an MBE or WBE under § 33.205 or § 33.209, the third party must also send a copy of the challenge to the entity whose MBE or WBE certification is being questioned. In addition, the Director shall request information and arguments from that entity as to why EPA OSDBU's determination to certify the entity as an MBE or WBE should be upheld. (e) The Director makes his/her appeal or challenge decision based solely on the administrative record and does not conduct a hearing. The Director may supplement the record by adding relevant information made available by any other source, including the EPA Office of Inspector General; Federal, State, or local law enforcement authorities; an EPA recipient; or a private party. (f) Consistent with Federal law, the Director shall make available, upon the request of the appellant, challenger or the entity affected by the Director's appeal or challenge decision, any supplementary information the Director receives from any source as described in paragraph (e) of this section. (g) Pending the Director's appeal or challenge decision, EPA OSDBU's MBE or WBE certification determination remains in effect. The Director does not stay the effect of its MBE or WBE certification determination while he/she is considering an appeal or challenge. (h) The Director shall reverse EPA OSDBU's MBE or WBE certification determination only if there was a clear and significant error in the processing of the certification or if EPA OSDBU failed to consider a significant material fact contained within the entity's application for MBE or WBE certification. (i) All decisions under this section are administratively final. §33.212 What conduct Is prohibited by this subpart? An entity that does not meet the eligibility criteria of this subpart may not attempt to participate as an MBE or WBE in contracts awarded under EPA financial assistance agreements or be counted as such by an EPA recipient. An entity that submits false, fraudulent, or deceitful statements or representations, or indicates a serious lack of business integrity or honesty, may be subject to sanctions under § 33.105. Subpart C-Good Faith Efforts §33.301 What does this subpart require? A recipient, including one exempted from applying the fair share objective requirements by § 33.411, is required to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, even if it has achieved its fair share objectives under subpart D of this part; (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the com etitive process. (d Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. §33.302 Are there any additional contract administration requirements? (a) A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient. Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15919 (b) A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. (c) If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described in § 33.301 if soliciting a replacement subcontractor. (d) A recipient must require its prime contractor to employ the six good faith efforts described in § 33.301 even if the prime contractor has achieved its fair share objectives under subpart D of this part. (e) A recipient must require its prime contractor to provide EPA Form 6100- 2-DBE Program Subcontractor Participation Form to all of its DBE subcontractors. EPA Form 6100-2 gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor was paid and any other concerns the DBE subcontractor might have, for example reasons why the DBE subcontractor believes it was terminated by the prime contractor. DBE subcontractors may send completed copies of EPA Form 6100-2 directly to the appropriate EPA DBE Coordinator. (f) A recipient must require its prime contractor to have its DBE subcontractors complete EPA Form 6100-3-DBE Program Subcontractor Performance Form. A recipient must then require its prime contractor to include all completed forms as part of the prime contractor's bid or proposal package. (g) A recipient must require its prime contractor to complete and submit EPA Form 6100-4--DBE Program Subcontractor Utilization Form as part of the prime contractor's bid or proposal package. (h) Copies of EPA Form 6100-2-DBE Program Subcontractor Participation Form, EPA Form 6100--3-DBE Program Subcontractor Performance Form and EPA Form 6100-4-DBE Program Subcontractor Utilization Form may be obtained from EPA OSDBU's Home Page on the Internet or directly from EPA OSDBU. (i) A recipient must ensure that each procurement contract it awards contains the term and condition specified in the Appendix concerning compliance with the requirements of this part. A recipient must also ensure that this term and condition is included in each procurement contract awarded by an entity receiving an identified loan under a financial assistance agreement to capitalize a revolving loan fund. §33.303 Are there special rules for loans under EPA financial assistance agreements? A recipient of an EPA financial assistance agreement to capitalize a revolving loan fund, such as a State under the CWSRF or DWSRF or an eligible entity under the Brownfields Cleanup Revolving Loan Fund program, must require that borrowers receiving identified loans comply with the good faith efforts described in § 33.301 and the contract administration requirements of §3.302. This provision does not require that such private and nonprofit borrowers expend identified loan funds in compliance with any other procurement procedures contained in 40 CFR part 30, part 31, or part 35, subpart O, as applicable. § 33.304 Must a Native American (either as an individual, organization, Tribe or Tribal Government) recipient or prime contractor follow the six good faith efforts? (a) A Native American (either as an individual, organization, corporation, Tribe or Tribal Government) recipient or prime contractor must follow the six good faith efforts only if doing so would not conflict with existing Tribal or Federal law, including but not limited to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e), which establishes, among other things, that any federal contract, subcontract, grant, or subgrant awarded to Indian organizations or for the benefit of Indians, shall require preference in the award of subcontracts and subgrants to Indian organizations and to Indian- owned economic enterprises. (b) Tribal organizations awarded an EPA financial assistance agreement have the ability to solicit and recruit Indian organizations and Indian-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. Tribal governments with promulgated tribal laws and regulations concerning the solicitation and recruitment of Native-owned and other minority business enterprises, including women- owned business enterprises, have the discretion to utilize these tribal laws and regulations in lieu of the six good faith efforts. If the effort to recruit Indian organizations and Indian-owned economic enterprises is not successful, then the recipient must follow the six good faith efforts. All tribal recipients still must retain records documenting compliance in accordance with § 33.501 and must report to EPA on their accomplishments in accordance with § 33.502. (c) Any recipient, whether or not Native American, of an EPA financial assistance agreement for the benefit of Native Americans, is required to solicit and recruit Indian organizations and Indian-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. If the efforts to solicit and recruit Indian organizations and Indian-owned economic enterprises is not successful, then the recipient must follow the six good faith efforts. (d) Native Americans are defined in § 33.103 to include American Indians, Eskimos, Aleuts and Native Hawaiians. Subpart D-Fair Share Objectives §33.401 What does this subpart require? A recipient must negotiate with the appropriate EPA award official or his/ her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. §33.402 Are there special rules for loans under EPA financial assistance agreements? A recipient of an EPA financial assistance agreement to capitalize revolving loan funds must either apply its own fair share objectives negotiated with EPA under § 33.401 to identified loans using a substantially similar relevant geographic market, or negotiate separate fair share objectives with entities receiving identified loans, as long as such separate objectives are based on demonstrable evidence of availability of MBEs and WBEs in accordance with this subpart. If procurements will occur over more than one year, the recipient may choose to apply the fair share objective in place either for the year in which the identified loan is awarded or for the year in which the procurement action occurs. The recipient must specify this choice in the financial assistance agreement, or incorporate it by reference therein. §33.403 What is a fair share objective? A fair share objective is an objective based on the capacity and availability of qualified, certified MBEs and WBEs in the relevant geographic market for the procurement categories of construction, equipment, services and supplies compared to the number of all qualified entities in the same market for the same procurement categories, adjusted, as appropriate, to reflect the level of MBE and WBE participation expected absent the effects of discrimination. A fair share objective is not a quota. 15920 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations §33-404 When must a recipient negotiate fair share objectives with EPA? A i i number of all businesses to derive a base figure for the relative availabilit extent it can be related to the of o t i i f y rec p ent must submit its proposed MBEs and WBEs in the market. MBE and WBE fair share objectives and (2) Data from a Disparity Stud Use ppor un t es or MBEs and WBEs to perform in the program. If supporting documentation to EPA within 120 days after its acceptance of f y, a percentage figure from data i a valid, a plicaldisparity derived stud (3) a recipient attempts tt make an n adjustment to its base figure to account f h y its inancial assistance award. EPA must conducted within the receing en respond in writing to the recipient's or t e g eects of d iscriminationl(often called het"but submission within 30 days of receipt, i h years comparing the available MBEs and for" factor) or the effects of another WBEs in the relevant geogra hic market e t er agreeing with the submission or providing initial comments for further p with their actual usage by entities ongoing MBE/WBE program, the adjustment must be based on negotiation. Failure to respond within this time frame may be considered as procuring in the cate ories of g construction, equipment, services, and demonstrable evidence that is logically and directly related to the effect for agreement by EPA with the fair share sup lies. (3? The Objective of Another EPA which the adjustment is sought. objectives submitted by he recipient. MBE and WBE fair share objectives Recipient. A recipient may use, as its base figure, the fair share objectives f §33.406 Maya recipient designate a lead agency for fair share objective ne ti ti must be agreed upon by the recipient and EPA before funds may be ex ended o another EPA recipient if the recipient d go a on purposes? p for procurement under the recipient's financial assistance agreement emonstrates that it will use the same, or substantially similar, relevant If an Indian Tribal, State or local Government has more than one agency , geographic market as the other EPA that receives EPA financial assistance § 33.405 Wow does a recipient determine recipient. (See § 33.411 for exemptions , the agencies within that Government its fair share objectives? (fair recipient must determine its fair de from fair share objective negotiations). (4) Alternative Methods. Subject to may designate a lead agency to negotiate MBE and WBE fair share objectives with share objectives based demonstrable c EPA approval, other methods may be EPA to be used by each of the agencies. evidence the number of certified used to determine a base figure for the Each agency must otherwise negotiate and MBEs and WBEs that are ready, willing, overall objective. Any methodology with EPA separately its own MBE and and able perform in the relevant el chosen must be based on demonstrable WBE fair share objectives. geographic market for each the four procurement categories (equipment evidence of local market conditions and be designed to ultimately attain an § How long MBE and WBE fair h , construction, services, and s lies , pp lies The relevant geographic market is the objective that is rationally related to the relative availability of MBEs and WBEs s are are objectives remain in effect? Once MBE and WBE fair share area of solicitation for the procurement as determined by the recipient. The in the relevant geographic market. (c) Step 2. After calculating a base objectives have been negotiated, they will remain in effect for three fiscal market may be a geographic region of a State, an entire State, or a multi-State figure, a recipient must examine the evidence available in its jurisdiction to years unless here are significant changes to the data supporting the fair area. Fair share objectives must reflect the recipient's determination of the determine what adjustment, if any, is needed to the base figure in order to share objectives. The fact that a disparity study utilized in negotiating level of MBE and WBE participation it would expect absent the effects of arrive at the fair share objective. (1) There are many types of evidence fair share objectives has become more than ten years old during the three-year g discrimination. A recipient may that must be considered when adjusting period oes not itself constitute a combine the four procurement the base figure. These include: (i) The current capacity of MBE d change g g q ring renegotiation, for MBEssan t onone e weighted objective weighted objective for WBEs s an WBEs to perform contract work under EPA financial assistance agreements as §33.408 Maya recipient use race and/or , (b) Step 1. A recipieul must first , measured by the volume of work MBEs gender conscious measures as part of this program? determine abase figure for the relative and WBEs have performed in recent (a) Should he good faith efforts availability of MBEs and WBEs. The following are examples of a roaches pp years, (Ail Evidence from disparity studies d described in subpart C of this part or other race and/or ender ne t l that a recipient may take. Any percentage figure derived from one of con ucted anywhere within the recipient's jurisdiction, to the extent it g u ra measures prove to he inadequate to achieve establis hed fai h these examples should be considered a basis from which a recipient be i is not already accounted for in the base figure; and r s are o , race an d/ bj ective, or gender conscious action (e l h g ns when examining evidence available in it (iii) If the base figure is the objective of another EPA recipient it mu t b .g., app y t e subcontracting suggestion in § 33.301(c) to MBEs and s jurisdiction. (1) MBE and WBE Directories a d , s e adjusted for differences in the local WBEs) is available to a recipient and its i n Census Bureau Data. Separately market and he recipient's contracton g program Pr me contractor to more closely achieve the fair share objectives subject determine the number of certified MBEs d . (2] A recipient may also con id , to § 33.409. Under no circumstances are an WBEs that are ready, willing, and able to perform in the relevant geographic market for each rocu s er available evidence from related fields that affect the opportunities for MBEs race and by gender conscious actions re uiA by EPA. ) A p rement category from a MBE/WBE directory, ' and WBEs to form, grow and compete, These include but are not li it d n ny use of race and/or gender conscious efforts must not result he such as a bidder s list. Using the Census Bureau's County Business Pattern (CBP) , m e to: W Statistical disparities in the ability f selection of an unqualified MBE or WBE database, determine the number of all l o MBEs and WBEs to get the financing, bonding and insurance re uired to . §33 409 qua ified businesses available in the market that perform work in the same q participate; and (ii) Data on employment self- . Maya recipient use quotas as part of this program? procurement category. Separately divide the number of MBEs and WBEs by the , employment, education, training and uni A recipient is not permitted to use quotas in procurements under EPA's 8% on apprenticeship programs, to the or 10% statute. Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations 15921 §33.410 Cana recipient be penalized for failing to meet its fair share objectives? A recipient cannot be penalized, or treated by EPA as being in noncompliance with this subpart, solely because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA may take remedial action under § 33.105 for a recipient's failure to comply with other provisions of this part, including, but not limited to, the good faith efforts requirements described in subpart C of this part. §33.411 Who maybe exempted from this subpart? (a) General. A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is not required to apply the fair share objective requirements of this subpart. This exemption is limited to the fair share objective requirements of this subpart. (b) Clean Water State Revolving Fund (CWSRF) Program, Drinking Water State Revolving Fund (DWSRF) Program, and Brownfields Cleanup Revolving Loan Fund (BCRLF) Program Identified Loan Recipients. A recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the fair share objective requirements of this subpart to an entity receiving an identified loan in an amount of $250,000 or less or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the fair share objective requirements of this subpart. (c) Tribal and Intertribal Consortia recipients of program grants which can be included in Performance Partnership Grants (PPGs) under 40 CFR Part 35, Subpart B. Tribal and Intertribal consortia recipients of PPG eligible grants are not required to apply the fair share objective requirements of this subpart to those grants. This exemption is limited to the fair share objective requirements of this subpart, (d) Technical Assistance Grant (TAG) Program Recipients. A recipient of a 'T'AG is not required to apply the fair share objective requirements of this subpart to that grant. This exemption is limited to the fair share objective requirements of this subpart. §33.412 Must an Insular Area or Indian Tribal Government recipient negotiate fair share objectives? The requirements in this subpart regarding the negotiation of fair share objectives will not apply to an Insular Area or Indian Tribal Government recipient until three calendar years after the effective date of this part. Furthermore, in accordance with § 33.411(c), tribal and intertribal consortia recipients of program grants which can be included in Performance Partnership Grants (PPGs) under 40 CFR part 35, subpart B are not required to apply the fair share objective requirements of this subpart to such grants, Subpart E-Recordkeeping and Reporting §33.601 What are the recordkeeping requirements of this part? (a) A recipient, including those recipients exempted under § 33.411 from the requirement to apply the fair share objectives, must maintain all records documenting its compliance with the requirements of this part, including documentation of its, and its prime contractors', good faith efforts and data relied upon in formulating its fair share objectives. Such records must be retained in accordance with applicable record retention requirements for the recipient's financial assistance agreement. (b) A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements, (See e.g., § 33.303). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-MBE/ WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts, or bid or quote subcontracts on EPA assisted projects, including both MBE/WBEs and non- MBE/WBEs. The bidders list must only be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (1) Entity's name with point of contact; (2) Entity's mailing address, telephone number, and e-mail address; (3) The procurement on which the entity bid or quoted, and when; and (4) Entity's status as an MBE/WBE or non-MBE/WBE, (c) Exemptions. A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. § 33.502 What are the reporting requirements of this part? MBE and WBE participation must be reported by all recipients, including those recipients exempted under § 33.411 from the requirement to apply the fair share objectives, on EPA Form 5700-52A. Recipients of Continuing Environmental Program Grants under 40 CFR part 35, subpart A; recipients of Performance Partnership Grants (PPGs) under 40 CFR part 35, subpart B; General Assistance Program (GAP) grants for tribal governments and intertribal consortia; and institutions of higher education, hospitals and other non-profit organizations receiving financial assistance agreements under 40 CFR part 30, will report on MBE and WBE participation on an annual basis. All other financial assistance agreement recipients, including recipients of financial assistance agreements capitalizing revolving loan funds, will report on MBE and WBE participation semiannually. Recipients of financial assistance agreements that capitalize revolving loan programs must require entities receiving identified loans to submit their MBE and WBE participation reports on a semiannual basis to the financial assistance agreement recipient, rather than to EPA. §33-503 How does a recipient calculate MBE and WBE participation for reporting purposes? (a) General. Only certified MBEs and WBEs are to be counted towards MBE/ WBE participation. Amounts of MBE and WBE participation are calculated as a percentage of total financial assistance 15922 Federal Register/Vol. 73, No. 59/Wednesday, March 26, 2008/Rules and Regulations agreement project procurement costs, which include the match portion of the project costs, if any. For recipients of financial assistance agreements that capitalize revolving loan programs, the total amount is the total procurement dollars in the amount of identified loans equal to the capitalization grant amount. (b) Ineligible project costs. If all project costs attributable to MBE and WBE participation are not eligible for funding under the EPA financial assistance agreement, the recipient may choose to report the percentage of MBE and WBE participation based on the total eligible and non-eligible costs of the roject. V joint ventures. For joint ventures, MBE and WBE participation consists of the portion of the dollar amount of the joint venture attributable to the MBE or WBE. If an MBE's or WBE's risk of loss, control or management responsibilities is not commensurate with its share of the profit, the Agency may direct an adjustment in the percentage of MBE or WBE participation. (d) Central Purchasing or Procurement Centers. A recipient must report MBE and WBE participation from its central purchasing or procurement centers. (e) Brokers. A recipient may not count expenditures to a MBE or WBE that acts merely as a broker or passive conduit of funds, without performing, managing, or supervising the work of its contract or subcontract in a manner consistent with normal business practices. (1) Presumption. If 50% or more of the total dollar amount of a MBE or WBE's prime contract is subcontracted to a non-DBE, the MBE or WBE prime contractor will be presumed to be a broker, and no MBE or WBE participation may be reported. (2) Rebuttal. The MBE or WBE prime contractor may rebut this presumption by demonstrating that its actions are consistent with normal practices for prime contractors in its business and that it will actively perform, manage and supervise the work under the contract. (f) MBE or WBE Truckers/Haulers. A recipient may count expenditures to an MBE or WBE trucker/hauler only if the MBE or WBE trucker/hauler is performing a commercially useful function. The following factors should be used in determining whether an MBE or WBE trucker/hauler is performing a commercially useful function: (1) The MBE or WBE must be responsible for the management and supervision of the entire trucking/ hauling operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting MBE or WBE ob'ectives. 12) The MBE or WBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. Appendix A to Part 33-Term and Condition Each procurement contract signed by an EPA financial assistance agreement recipient, including those for an identified loan under an EPA financial assistance agreement capitalizing a revolving loan fund, must include the following term and condition: The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. PART 35-[AMENDED] Subpart E--[Amended] ¦ 6. The authority citation for part 35, subpart E, continues to read as follows: Authority: Secs. 109(b), 201 through 205, 207, 208(d), 210 through 212, 215 through 217, 304(d)(3), 313, 501, 511, and 516(b) of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. § 35.936-7 [Removed] ¦ 7, Section 35.936-7 is removed. § 35.93" [Amended] ¦ 8. Section 35.938-9 is amended by removing and reserving paragraph (b)(2). Subpart K-[Amended] ¦ 9. The authority citation for part 35, subpart K, continues to read as follows: Authority: Secs. 205(m), 501(a) and title VI of the Clean Water Act, as amended, 42 U.S.C. 1285(m), 33 U.S.C. 1361(a), 33 U.S.C. 1381-1387. §35.3145 [Amended] ¦ 10. Section 35.3145 is amended by removing paragraphs (d) and (e). Subpart L--[Amended] ¦ 11. The authority citation for part 35, subpart L, continues to read as follows: Authority: Section 1452 of the Safe Drinking Water Act, as amended, 42 U.S.C. 300j-12. Subpart M--(Amended] § 35.3575 [Amended] ¦ 12. Section 35.3575(d) is removed and reserved. ¦ 13. The authority citation for part 35, subpart M, continues to read as follows: Authority: 42 U.S.C. 9617(e); sec. 9(g), E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. § 35.4170 [Amended] ¦ 14. Section 35.4170(b) is removed and reserved. §35.4205 [Amended] ¦ 15. Section 35.4205(g) is removed. § 35.4240 [Amended] 0 16. Section 35.4240(e) is removed and reserved. Subpart 0-[Amended] ¦ 17. The authority citation for part 35, subpart 0, continues to read as follows: Authority: 42 U.S.C. 9601 et seq. § 35.6015 [Amended] ¦ 18. Section 35.6015(a) is amended by removing the definitions for "Minority Business Enterprise (MBE)" and "Women's Business Enterprise (WBE)". § 35.6550 [Amended] ¦ 19. Section 35.6550(a)(8) is removed and reserved. §35.6580 [Amended] ¦ 20. Section 35.6580 is removed. §35.6610 [Amended] ¦ 21. Section 35.6630(c) is removed and reserved. § 35.6665 [Removed] ¦ 22, Section 35.6665 is removed. PART 40-[Amended] ¦ 21. The authority citation for part 40 is revised to read as follows: Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 2609 et seq.; 33 U.S.C. 1254 et seq. and 1443; 42 U.S.C. 241 et seq., 300f et seq., 1857 et seq., 1891 et seq., and 6901 et seq. § 40.145-3 [Amended] ¦ 22. Section 40.145-3(c) is removed and reserved. [FR Doc. E8-6003 Filed 3-25-08; 8:45 am] BILLING CODE 6560-60-P EPA Office of Small Business Programs (Formerly the Office of Small and Disadvantaged Business Utilization "OSDBU") New Disadvantaged Business Enterprise Program "Increasing Opportunities for Disadvantaged Businesses under EPA Financial Assistance Agreements" What is The Disadvantaged Business Enterprise Program? It is EPA's policy that recipients of EPA financial assistance through grants and cooperative agreements award a "fair share" of subagreements to small, minority and women-owned businesses. Since each is a separate entity, the objective is to assure that each of these business entities is given the opportunity to participate in subagreements awards under EPA financial assistance agreements. This policy applies to all subagreements for equipment, supplies, construction and services under all EPA grants, cooperative agreements, and IAGs. • The EPA Office of Small Business Programs (OSBP) is responsible for establishing policy and providing procedural guidance for the utilization of small, minority and women- owned businesses under the Agency's financial assistance programs through its Disadvantaged Business Enterprise (DBE) Program, formally the Minority Business Enterprise and Women-owned Business Enterprise Program (MBE/WBE). • The DBE Program is an outreach, education, and goaling program designed to increase the participation of DBEs in procurements funded by EPA assistance agreements. The EPA DBE Program encompasses many of the components of the former MBE/WBE Program and includes many new features. Why Does the Program Exist? • The program was mandated by congress in response to the large number of procurement opportunities available through assistance agreements vs. Contracts. At EPA, assistance agreement dollars are approximately four times as much as contract dollars. The statutory authority for the program is as follows: • Public Law 101-549, Nov 15, 1990 (clean air act): To the extent practicable, not less than 10% made available to DBEs. • Public Law 102-389, Oct 6, 1992 (clean water act): To the fullest extent possible, at least 8% made available to socially and economically disadvantaged concerns, including HBCUs and women. How We Achieve the Purpose of the Program? Recipients of EPA financial assistance agreements are required to seek, and encouraged to utilize small, minority, and women-owned businesses for their procurement needs under the financial assistance agreement. This is done through the inclusion of terms and conditions in the financial assistance agreement. The key functional components of the DBE Program are as follows: - Fair Share Objectives - Six Good Faith Efforts and Contract Administration Requirements - MBE/WBE Reporting - MBE/WBE Certification How does the new DBE Program compare with the old MBE/WBE Program in each functional component? Overall Old MBE/WBE Program New DBE Program Known as the Minority-Owned Business Enterprise Now known as the Disadvantaged Business Enterprise and Women-Owned Business Enterprise (DBE) Program. MBEs and WBEs are a part of the (MBE/WBE) Program. larger universe of DBEs. Fair Share Objectives Old MBE/WBE Program Recipients must negotiate fair share objectives with the Agency. For Superfund grants, fair share objectives must be negotiated before funds may be expended for procurement under the financial assistance agreement. Fair share objectives must be based on an availability analysis, disparity study, or other supporting data and documentation. Fair share objectives will remain in effect for 3 fiscal years, unless there are significant changes to the data supporting the fair share objectives. Recipients may adopt the fair share objective of another recipient. No exemptions to the fair share objectives requirement. New DBE Program Recipients must negotiate fair share objectives with the Agency. Proposed fair share objectives and supporting documentation must be submitted within 120 days after the acceptance of the assistance award. For all grants, fair share objectives must be negotiated before funds may be expended for procurement under the financial assistance agreement. No Change No Change No Change. Recipients will affirm the acceptance of the other recipient's fair share objective in the grant terms and conditions. The following are exemptions from the fair share objective requirements: • Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. - There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. The Six Good Faith Efforts and Contract Administration Re uirements Old MBE WBE Program New DBE Program Following the "Six Affirmative Steps" under 40 The "Six Good Faith Efforts" combine the "Six Affirmative CFR Part 31, and the Six Positive Efforts under 40 Steps" and the "Six Positive Efforts" and are still required CFR Part 30 were required by all grantees. by all grantees. The substance of the efforts has not changed. No protections for DBE Subcontractors Several mechanisms are in place to protect DBE Subcontractors: • 30 day payment provision, notifications of DBE terminations, and continuing the Six Affirmative Steps after termination of a DBE. • Completion of 3 new forms to prevent "bait and switch" tactics. None of these new forms are completed, or submitted by the grant recipient. These forms are filled out by the recipient's prime contractors and subcontractors. No mechanism for recipients to develop and Recipients are now required to create and maintain a maintain their own list of DBEs bidders list. There is a $250K exemption from this requirement. MBE WBE Re ortin Old MBE/WBE Program New DBE Program All recipients, including Tribes and trust territories, No Change must report MBE/WBE accomplishments on EPA Form 5700-52A. The following recipients report on an annual basis: No Change • Recipients of Continuing Environmental Program Grants under 40 CFR Part 35, Subpart A; • Recipients under 40 CFR Part 35, Subpart B; • General Assistance Program (GAP) grants for tribal governments and intertribal consortia; and • Institutions of higher education, hospitals and other non-profit organizations receiving financial assistance agreements under 40 CFR Part 30. The following recipients report on a quarterly Recipients who reported quarterly under the old basis: program, now report on a semi-annual basis. • Recipients of financial assistance agreements that capitalize revolving loan funds; and • All other recipients not specified as "annual reporters". Self-certified MBEs and WBEs can be counted MBEs and WBEs must be certified in order to be counted I toward a reci ient's accomplishments. toward a recipient's accomplishments. MBE WBE Certification Old MBE/WBE Program New DBE Program MBEs and WBEs self-certify their status. MBEs and WBEs must be certified by EPA, SBA, DOT, or by state, local, Tribal, or private entities whose certification criteria match EPA's. *States are not required to develop or implement a new certification program. Self-certified MBEs and WBEs can be counted MBEs and WBEs must be certified in order to be toward a recipient's MBE/WBE accomplishments counted toward a recipient's MBE/WBE when reporting on EPA Form 5700-52A accomplishments. Who do I contact for more information? The EPA OSBP Headquarters Indirect Procurement Team: Kimberly Patrick, Team Leader: Paula Zampieri, Program Analyst: Samuel Peterson, SEE Program Analyst: 202-566-2605 patrick.kimberly_(d)gRa..gov 202-566-2496 z ieri. a e 202-566-1510 peterson.5gmuel@e-p-g.gov Regional MBE/WBE Coordinators: Region 1 - Valerie Bataille: Region 2 - Michele Junker Region 3 - Romano McQueen Region 4 - Josephine Brown Region 5 - Adrianne Callahan Region 6 - Debora Bradford Region 7 - Chester Stovall Region 8 - Marshell Pullman Region 9 - Joe Ochab Region 10 - Greg Luchey EPA Headquarters - Veronica Squirrell 617-918-1674 bata_ille.valerie0_ega.ao 212-637-3418 junker.michele[ep g;gov 215-814-5155 cue n.r mona a. ov 404-562-9672 brow .'ose hin a a. o 312-353-5556 callahan.adrian_= @epa.ggv 214-665-7406 radfor debor a a. ov 913-551-7549 stovall.chgster(a)el 2g.gov 303-312-6499 pullman.marshell@ gpa.gov 415-972-3761 och .'oe e v 206-553-2967 lu h re a. ov 202-564-5347 sgmirrell.veron[ca@ epa.gov FAIR SHARE OBJECTIVES Program Comparison Old MBE/WBE Program New DBE Program Recipients must negotiate fair share objectives Recipients must negotiate fair share objectives with the. with the Agency. Agency. Proposed fair share objectives and supporting documentation must be submitted within 120 days after the acceptance of the assistance award. For Superfund grants, fair share objectives must For all grants, fair share objectives must be negotiated be negotiated before funds may be expended before funds may be expended for procurement under for procurement under the financial assistance the financial assistance agreement. agreement. Fair share objectives must be based on an No Change availability analysis, disparity study, or other supporting data and documentation. Fair share objectives will remain in effect for 3 No Change fiscal years, unless there are significant changes to the data supporting the fair share objectives. Recipients may adopt the fair share objective of No Change. Recipients will affirm the acceptance of the another recipient. other recipient's fair share objective in the grant terms and conditions. No exemptions to the fair share objectives The following are exemptions from the fair share objective requirement. requirements: • Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. - There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. What are Fair Share Objectives? A fair share objective is goal based on the capacity and availability of qualified, certified MBEs and WBEs in the relevant geographic market for the procurement categories of construction, equipment, services, and supplies... compared to the number of all qualified entities in the some market for the same procurement categories, adjusted, as appropriate, to reflect the level of MBE and WBE participation expected absent the effects of discrimination. • A fair share objective is not a quota. 0 A recipient cannot be penalized for not meeting its fair share objectives. What is the process for negotiating fair share objectives? • A recipient must submit its proposed MBE and WBE fair share objectives and supporting documentation to its designated Regional MBE/WBE Coordinator within 120 days after its acceptance of its financial assistance award. • EPA must respond in writing to the recipient's submission within 30 days of receipt, either agreeing with the submission or providing initial comments for further negotiation. Failure to respond within this time frame may be considered as agreement by EPA with the fair share objectives submitted by the recipient. • MBE and WBE fair share objectives must be agreed upon by the recipient and EPA before funds may be expended for procurement under the recipient's financial assistance agreement. • Fair Share Objectives will remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share objectives. Under the new DBE Program, may I adopt the Fair Share Objective of another recipient? Yes! Recipients may use the approved fair share objective of another recipient with the same or similar relevant geographic buying market, purchasing the some or similar items. • Recipients who normally accept the negotiated fair share objective of the state in which they are located, can continue to do so. This will be done by affirming the acceptance of the fair share objective in the grant terms and conditions. However, they may also elect to negotiate their own fair share objectives. How do I determine a fair share objective? There are many methods that can be used to formulate a fair share objective. For more information on methods, please refer to the DBE Program Manual which can be found at www.epa.gov/osdbu. MBE/WBE Certification "Maintaining the Integrity of the Program" Program Comparison Old MBE/WBE Program New DBE Program MBEs and WBEs self-certify their status. MBEs and WBEs must be certified by EPA, SBA, DOT, or by state, local, Tribal, or private entities whose certification criteria match EPA's. *States are not required to develop or implement a new certification program. Self-certified MBEs and WBEs can be counted MBEs and WBEs must be certified in order to be toward a recipient's MBE/WBE accomplishments counted toward a recipient's MBE/WBE when re orting on EPA Form 5700-52A accomplishments. What Are DBEs, MBEs and WBEs? • Disadvanta ed Business Enterprises (DBEs) are • entities owned and/or controlled by a socially and economically disadvantaged individuals as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) (10% statute), and Public Law 102-389 (42 U.S.C. 4370d) (8% statute), respectively; • a Small Business Enterprise (SBE); • a Small Business in a Rural Area (SBRA); • a Labor Surplus Area Firm (LSAF); or • a Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program. Minority Busin ss Enter 'ses (MBEs) are entities that are at least 51 % owned and/or controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note), and Public Law 102- 389 (42 U.S.C. 4370d), respectively. Women's Business Enterprises WBEs are entities that are at least 51 % owned and/or controlled by women (under the 10% and 8% statutes). Who is responsible for certifying MBE and WBE firms? EPA OSDBU Headquarters will be responsible for implementing and processing the certification of MBE/WBE firms. Regional DBE coordinators will assist by providing forms to interested firms and fielding general questions. The states have no responsibility to implement or maintain a certification program for EPA. Does EPA accept other certifications? Yes. Under the new DBE Program entities can no longer self-certify. EPA will accept certifications from: SBA and DOT (with U.S. citizenship); Tribal, State and local governments, as long as their standards for certification meet or exceed our own; and • Independent private organization certifications as long as their standards for certification meet or exceed our own. If and entity holds one of these certifications, it is considered acceptable for establishing MBE or WBE status under EPA's DBE Program, and application for EPA certification is not needed. What are the EPA MBE/WBE certification requirements? • In order to be certified by EPA, an entity must first attempt to be certified by SBA or DOT, or a Tribal, State, or local government, or by an independent private organization, and be unsuccessful in that attempt. • To qualify as a MBE or WBE under EPA's programs an entity must establish that it is at least 51 % owned and/or controlled by socially and economically disadvantaged individuals who are of good character and are citizens of the United States. • An individual claiming economic disadvantaged status must have an initial and continued personal net worth of less than $750,000. What does the certification process entail? Applications are filed with EPA OSDBU. Applications can be obtained from EPA OSDBU, from regional DBE Coordinators, and from EPA OSDBU's website, www.epa.gov/_osdbu . The application includes the following: o An attestation to the accuracy and truthfulness of the information on the application form by sworn affidavit, or an unsworn declaration executed under penalty of perjury of the laws of the United States. o The application must include evidence demonstrating that the entity is owned and/or controlled by one or more individuals claiming disadvantaged status, along with certifications or narratives regarding the disadvantaged status of such individuals. o The application must include documentation of a denial of certification by a Federal agency, State government, local government, Indian Tribal government, or independent private organization, if applicable. Once applications are filed, EPA OSDBU will advise each applicant within 15 days, whether the application is complete and suitable for evaluation and, if not, what additional information or action is required. EPA OSDBU will make its certification decision within 30 days of receipt of a complete and suitable application package. How does Certification affect a firm's participation in the overall DBE program? • In order for a firm to be counted towards a recipient's Minority Business Enterprise and Women Business Enterprise utilization, a firm must be certified. • Non-certified MBEs and WBEs may be used by recipients for their procurement needs. However, those firms cannot be counted toward their MBE/ WBE accomplishments. 0 DBE Program outreach efforts apply to all DBEs, not just MBEs and WBEs. Good Faith Efforts What is the Purpose of the Good Faith Efforts? The Good Faith Efforts are methods employed by all EPA financial assistance agreement recipients to ensure that disadvantaged business enterprises (DBEs) .have the opportunity to compete for procurements funded by EPA financial assistance funds. What Are the Good Faith Efforts? Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable thro ugh outreach and recruitment activities. For Indian Tribal, State and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian.Tribal, State and local Government. recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4? Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. ?.* Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. 0 If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this sedion. What are the New Contract Administration Provisions? When the DBE rule goes into effect, there are a number of new provisions designed to prevent unfair practices that adversely affect DBEs. Those provisions are as follows: A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient. •'r A recipient must be notified in writing by its prime contractor prior to any. termination of a DBE subcontractor for convenience by the prime contractor. •r . If a DBE 'subcontractor fails to complete work under the subcontract for any reason:, the recipient must require the prime contractor to employ the Six Good Faith Efforts if soliciting a replacement subcontractor. % A recipient must require its prime contractor to employ the Six Good Faith Efforts .even if the prime contractor has achieved its fair share objectives. What are the New Farms Associated With the New Contract Administration Provisions? EPA Form 6100-2 - DBE Program Subcontractor Participation Farm. This form gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor vas paid and any other concerns the DBE subcontractor might have. EPA Form 6100-3- DBE Program Subcontractor Performance Form. This forrO captures an intended' subcontractor's description of work to be performed for the prime contractor and the price of the work submitted to the prime. EPA'Form 6100-4 - DBE Program Subcontractor Utilization Form. This form captures the prime's intended use of an identified DBE subcontractor, and the estimated dollar amount of the subcontract. Form Requimment Provided By Completed By Submitte.d To:: EPA Form 6100-2 Recipients required Prime Contractors DBE Subcontractors EPA DBE Coordinator : to have grime ont wtors provide c. form to' Subcontractors EPA Form. 6100-3 Recipients ents required. Prime Contractors DtE Subcontractors Recipients as part of to have prime bid or proposal contractors provide package form to Subcontractors EPA Farm 6100-4 Recipients required Recipients Prime Contractors Recipients as part of to have prune bid or proposal contractors package complete the form MBE/WBE Reporting "Measuring the Effectiveness of the Program" Program Comparison Old MBE/WBE Program New DBE Program Recipients must report MBE/WBE accomplishments No Change on EPA Form 5700-52A. The following recipients report on an annual basis: No Change • Recipients of Continuing Environmental Program Grants under 40 CFR Part 35, Subpart A; • Recipients under 40 CFR Part 35, Subpart B; • General Assistance Program (GAP) grants for tribal governments and intertribal consortia; and • Institutions of higher education, hospitals and other non-profit organizations receiving financial assistance agreements under 40 CFR Part 30. The following recipients report on a quarterly Recipients who reported quarterly under the old basis: program, now report on a semi-annual basis. • Recipients of financial assistance agreements that capitalize revolving loan funds; and • All other recipients not specified as "annual reporters". Self-certified MBEs and WBEs can be counted MBEs and WBEs must be certified in order to be toward a recipient's accomplishments. counted toward a recipient's accomplishments. What is the Purpose of MBE/WBE Reporting? The purpose of MBE/WBE reporting is to monitor the grant recipient's • Accomplishments in Utilizing MBEs and WBEs; • Adherence to the Good Faith Efforts (i.e., outreach to MBEs, WBEs, and other DBEs); and • Progress in Achieving MBE and WBE Goals. What are the Grant Recipient's Responsibilities for MBE/WBE Reporting? Complete & submit EPA Form 5700-52A for each reporting period at a frequency specified in the grant agreement, to the appropriate EPA office and personnel as identified in their financial assistance agreement. Submit "negative reports" (e.g., reports where there were no MBEs or WBEs utilized, or no procurement expenditures of any kind were made during the reporting period). • Collect and retain document data on MBE, WBE, and Total Procurement expenditures made for the grant project up to the "Total Assistance Agreement Amount" (i.e., the grantee's total budget). • Report procurement expenditures from QI sources [i.e., the EPA grant recipient, sub- recipients, loan recipients (and the prime contractors of all three entities)]. What are the reporting frequencies and due dates? Annual Reporters: • Recipients of Continuing Environmental Program Grants under 40 CFR Part 35, Subpart A; • Recipients under 40 CFR Part 35, Subpart B; • General Assistance Program (GAP) grants for tribal governments and intertribal consortia; and • Institutions of higher education, hospitals and other non-profit organizations receiving financial assistance agreements under 40 CFR Part 30. • Annual _Reporters must submit their completed EPA Form 5700-52A to EPA within 30 days of the end of the annual reporting period (October 301h). Semi-Annual Reporters: Recipients of financial assistance agreements that capitalize revolving loan funds; and All other recipients not specified as "annual reporters". Semiannual Reporters must submit their completed EPA Form 5700-52A to EPA within 30 days of the end of the semiannual reporting period (April 30th and October 2M)• What must be considered in counting MBE/WBE participation? • MBEs & WBEs must be officially certified as such, in order to claim/report them as MBE/WBE on EPA Form 5700-52A. (See Certification Fact Sheet) • MBEs and WBEs may not act as Brokers or Passive conduits of funds. • A MBE or WBE Trucker must serve a "commercially-useful" function. • The amount counted towards a MBE or WBE Prime Contractor may not exceed 100% of contract value. • To be claimed 100% MBE or WBE, a Prime Contractor who is MBE or WBE may = sub- award more than, 49% of its contract value to non-MBE/WBE. MBE/WBE Reporting Under Revolving Loan Programs EPA financial assistance recipients that capitalize Revolving Loan Programs need onix report "Total Procurement Dollars" in the amount of loans equal or up to the capitalization grant amount. Entities receiving identified loans must submit their MBE/WBE participation reports/data to the EPA grant recipient (rather than to EPA). EPA financial assistance recipients that capitalize Revolving Loan Programs must ensure that they receive procurement reports from revolving loan recipients in time to meet EPA's MBE/WBE Reporting deadlines. Fair Share Goals Set October 1, 2006 Region 4 Kentucky Construction 0.70% 7.60% Supplies 3.70% 4.60% Services 1.20% 16.30% Goods/Equipment 1.20% 1.10% Combined Florida DEP Construction 9.00% 3.00% Supplies Services Goods/Equipment Combined Florida Construction 20.00% 20.00% Hillsborough County Supplies 10.00% 10.00% Services 10.00% 10.00% Professional Services 10.00% 10.00% Combined I I.; {V •: ?.i '. .d ?;r4i: ' y?f?,k'r.,'?:rp,i K',... ?.F,rl ?.. C r" I . f ddo?t. ?? f,:,? ,?:?>?' (1? r? '?i ?4ku• .rl ?'+ ! South Carolina Construction , , ,, + 3.60% , 2.40% Supplies 9.00% 9.00% Services 11.00% 11.00% Goods/Equipment 10.00% 10.00% Combined Tennessee Construction 2.60% 2.60% Supplies 5.20% 5.20% Services 5.20% 5.20% Goods/Equipment 5.20% 5.20% Combined r? ?IWy Mississippi Construction Non-SRF Programs Supplies 7.70% 3.40% Services 1.10% 2.20% Goods/Equipment 6.80% 5.10% Combined ur n Georgia Construction 13.70% 7.00 % Supplies 13.70% 7.00% Services 13.70% 7.00% Goods/Equipment 13.70% 7,00% Combined Fair Share Goals Set October 1, 2006 North Carolina Construction 8.00% 5.00% Supplies 7,00% 9.00% Services 7.00% 9.00% Goods/Equipment 7,00% 9.00% Professional Services 4.00% 10.00% II!! ?}ka,kG?'.''r y, ?yyy Alabama Construction 5.00% 17.00% Supplies 4.00% 11.00% Services 8.00% 30.00% Goods/Equipment 5.00% 20.00% Combined "i r+; ' r ' ??.. ' iR ?{ti r ?' a } ` 4 i ? y °!!lk , RC i lT ?}ff, d l ; .? Ti f! OMB CONTROL NO. 2090-0030 APPROVED: 05/01/2008 APPROVAL EXPIRES: 01131/2011 U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/WBE UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE AGREEMENTS, AND INTERAGENCY AGREEMENTS PART 1. (Reports are re uired even if no procurements are made during the re ortin eriod. 1A. FEDERAL FISCAL YEAR 1 B. REPORTING PERIOD (Check ALL appropriate boxes) 200 ? 1" (Oct-Dec) ? 2nd (Jan-Mar) ? 3rd (Apr-Jun) ? 4d' (Jul-Sep) ? Annual ? Check if this is the last report for the project (Project completed). 1C. REVISION OF A PRIOR REPORT? Y BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: or N Year: Quarter: 2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS 3A. RECIPIENT NAME AND ADDRESS (ATTN: DBE Coordinator) 2B. EPA DBE COORDINATOR 2C. PHONE: 3B. RECIPIENT REPORTING CONTACT: 3C. PHONE: Name: Name: E-mail: Fax: E-mail: Fax: 4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE or CFDA (SRF State Recipients, refer to Instructions for Completion of blocks NUMBER: 4A, 5A and 5C.) 5A. TOTAL ASSISTANCE AGREEMENT AMOUNT 5B. If NO procurement and NO accomplishments were made this reporting period, check and (SRF State Recipients, refer to Instructions for Completion of blocks skip to Block No. 7. (Procurements are all expenditures through contract, order, purchase 4A, 5A and 5C.) , lease or barter of supplies, equipment, construction, or services needed to complete Federal EPA Share: $ assistance programs. Accomplishments, in this context, are procurements made with MBEs and/or WBEs. Recipient Share: $ ? 5C. Total Procurement and MBE/WBE Accomplishments This Reporting Period (Only include amount not reported in any prior reporting period) Were sub-awards issued under this assistance agreement? Yes- No_ Were contracts issued under this assistance agreement ? Yes- No Total Procurement Amount $ (Include total dollar values awarded by recipient, sub-recipients and SRF loan recipients.) Actual MBEANBE Procurement Accomplished: (Include total dollar values awarded by recipient, sub-recipients, SRF loan recipients and Prime Contractors.) Construction Etc uinment Services Supplies Total ME: $WBE: 6. COMMENTS: (If no MBE/WBE procurements were accomplished during the reporting period please explain what ste s ou are takin to achi th , p y g eve e MBE/ BE Program requirements specified in the terms and conditions of the Assistance Agreement.) 7. NAME OF RECIPIENT'S AUTHORIZED TITLE REPRESENTATIVE 8. SIGNATURE OF RECIPIENT'S DATE AUTHORIZED REPRESENTATIVE EPA FORM 5100-52A available electronically at http://wHw.epa govlosbo/odfsl5700 52a.odf 0 w w a 0 z H a 41 z E OG ? ?z O C w O E o? Na z m? w N ? .N ? H ?a a? w m ? wa ma w w m m C C 0 O .4 C 7 N G O ao ?? °0 0 4 ` N 0 E U flf ? z 0 c0 U O 0 a O n i r Q OU ui d. V) O a? as ? erQ O ? o EA a c w E rn -------- ------ ----- ------- j ? m m c cV w _ d E m a d) ............ m LL z Q E a1 au - -°--- -- - CO c• CL mn C (D U) ,a 0 00 W -j a) C w c w ............ o a ----- - ---°- - - - d Q- r Q T U H l0 N v U - CD C c G a m¢ E w 0- o c w a- o W 11 0 N' W m E 0 m •Z a? II •a M 'L) w m r 0 CL 0 U c m rs - r D CL 11 E U CN r- On p N O C U1 T •? d) p C O h c U p V C c Z oc?3 Y r ' O yur? 0 c E ,a O II rn Q .- Q1 c m a> O C Q A a F^ z f`7 0 N CL W T T O 4a 0 0 r- uO a a w Instructions: A. General Instructions: MBENVBE utilization is based on Executive Orders 11625, 12138, 12432, P.L. 102-389 and EPA Regulations Part 30 and 31. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements, or other Federal financial assistance which involve procurement of supplies, equipment, construction or services to accomplish Federal assistance programs. Recipients are required to report 30 days after the end of each federal fiscal quarter or annually, per the terms and conditions of the financial assistance agreement. Submission dates are January 30, April 30, July 30, and October 30. The submission date for annual reports is October 30. MBENVBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement. R. Definitions: Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contract is a written agreement between an EPA recipient and another party (also considered "prime contracts") and any lower tier agreement (also considered "subcontracts") for equipment, services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. This definition includes personal and professional services, agreements with consultants, and purchase orders. A minority business enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non- minority individuals do not qualify for meeting MBENVBE procurement goals. U.S. Citizenship is required. The following affirmative steps for utilizing MBEs and WBEs must be documented. Such documentation is subject to EPA review upon request: 1. Include of MBEs/WBEs on solicitation lists. 2. Assure that MBEsNVBEs are solicited once they are identified. 3. Divide total requirements into smaller tasks to permit maximum MBE/WBE participation, where feasible. 4. Establish delivery schedules which will encourage MBE/WBE participation, where feasible. 5. Encourage use of the services of the U.S. Department of Commerce's Minority Business Development Agency (MBDA) and the U.S. Small Business Administration to identify MBEsMBEs. 6. Require that each party to a subgrant, subagreement, or contract award take the affirmative steps outlined here. C. Instructions for Part I: 13. Specify Federal fiscal year this report covers. The Federal fiscal year runs from October 1 st through September 30th (e.g. November 29, 2005 falls within Federal fiscal year 2006) 1b. Check applicable reporting box, quarterly or annually. Also indicate if this is the last report for the project. 1c. Indicate if this is a revision to a previous year or quarter, and provide a brief description of the revision you are making. 2a-c. Please refer to your financial assistance agreement for the mailing address of the EPA financial assistance office for your agreement. A woman business enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or The "EPA DBE Reporting Contact" is the DBE Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA OSDBU website at www.epa.gov/osdbu. Click on "Regional Contacts" for the name of your coordinator. 3a-c. Identify the agency, state authority, university or other organization which is the recipient of.the Federal financial assistance and the person to contact concerning this report. 4a. Provide the Assistance Agreement or Interagency Agreement number assigned by EPA. A separate report must be submitted for each Assistance Agreement or Interagency Agreement. *For SRF recipients: In box 4a list numbers for ALL open Assistance Agreements. SRF recipients will report activity for all Agreements on one form. 4b. Refer back to Assistance Agreement document for this information. *For SRF recipients only: In 5c please enter the total procurement amount for the quarter under all of your SRF Assistance Agreements. The figure reported in this section is not directly tied to an individual Assistance Agreement identification number. (SRF state recipients report state procurements in this section) If there were no MBE/WBE accomplishments this reporting period, please briefly explain what steps you are taking in furtherance of the MBE/WBE requirements specified in the terms and conditions of the Assistance Agreement. 7. Name and title of official administrator or designated reporting official. 8. Signature and month, day year report submitted. D. Instructions for Part II: For each MBE/WBE procurement made under this assistance agreement during the reporting period, provide the following information: 1. Check whether this procurement was made by 5a. Provide the total amount of the Assistance the recipient, sub-recipienVSRF loan recipient, or Agreement which includes Federal funds plus the prime contractor. recipient matching funds and funds from other sources. 2. Check either the MBE or WBE column. If a firm is both an MBE and WBE, the recipient may *For SRF recipients only: SRF recipients will not choose to count the entire procurement towards enter an amount in 5a. Please leave 5a blank. EITHER its MBE or WBE accomplishments. The recipient may also divide the total amount of the 5b. Self-explanatory. procurement (using any ratio it so chooses) and count those divided amounts toward its MBE and 5c. State whether or not sub-awards and/or WBE accomplishments. If the recipient chooses subcontracts have been issued under the to divide the procurement amount and count assistance agreement by indicating "yes" or "no". portions toward its MBE and WBE accomplishments, please state the appropriate Provide the total dollar amount of all amounts under the MBE and WBE columns on contracts/procurements awarded this reporting the form. The combined MBE and WBE period by the recipient and all sub-recipients, and amounts for that MBE/WBE contractor must SRF loan recipients. For example: Actual dollars not exceed the "Value of the Procurement" for procurement from the procuring office; actual reported in column #3 contracts let from the contracts office; actual goods, services, supplies, etc., from other 3. Dollar value of procurement. sources including the central purchasing/ procurement centers). 4. Date of award, shown as month, day, year. Date Where requested, also provide the total dollar of award is defined as the date the contract or amount of all MBE/WBE procurement awarded procurement was awarded, not the date the during this reporting period by the recipient, sub- contractor received payment under the awarded recipients, SRF loan recipients, and prime contract or procurement, unless payment contractors in the categories of construction, occurred on the date of award. (Where direct equipment, services and supplies. These purchasing is the procurement method, the amounts include the Federal, State and local date of award is the date the purchase was shares in the procurement awards. made) 5. Using codes at the bottom of the form, identify type of product or service acquired through this procurement (eg., enter 1 if construction, 2 if supplies, etc). 6. Name, address, and telephone number of MBE/WBE firm. **This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Part 30 and 31); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. a? Environmental Protection Agency OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form NAME OF SUBCONTRACTOR' PROJECT NAME ADDRESS CONTRACT NO. TELEPHONE NO. EMAIL ADDRESS PRIME CONTRACTOR NAME Please use the space below to report any concerns regarding the above EPA-funded project (eZ, reason for termination by prime contractor, late payment, etc.). AMOUNT CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM SUBCONTRACTOR ITEM NO. THE PRIME CONTRACTOR WAS PAID BY PRIME CONTRACTOR Subcontractor Signature Title/ Date 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-2 (DBE Subcontractor Participation Form) A Environmental Protection Agency OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Participation Form to this address. EPA FORM 6100-2 (DBE Subcontractor Participation Form) OMB Control No: 2090-0030 Approved: 05/01/2008 A Approval Expires: 01/31/2011 AW'd Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTORS PROJECT NAME ADDRESS BID/PROPOSAL NO. TELEPHONE NO. E-MAIL ADDRESS PRIME CONTRACTOR NAME CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRICE OF WORK ITEM NO. PRIME SUBMITTED TO PRIME CONTRACTOR Currently certified as an MBE or WBE under EPA's DBE Program? Yes No Signature of Prime Contractor Date Print Name Title Signature of Subcontractor Date Print Name Title Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Form) A% Environmental r Protection Agency OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the tune heeded to review instructions, develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Performance Form to this address. EPA FORM 6100-3 (DBE Subcontractor Performance Form) OMB Control No: 2090-0030 Approved: 05/01/2008 A Environmental Approval Expires: 01/31/2011 Nft . Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form The following subcontractorsi will be used on this project: COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE ESTIMATE CURRENTLY NUMBER, AND E-MAIL ADDRESS PERFORMED D DOLLAR CER'T'IFIED AMOUNT AS AN MBE OR WBE? I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302(c). Signature of Prime Contractor Date Print Name Title Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) OMB Control No: 2090-0030 Approved: 05/01/2008 Environmental Approval Expires: 01/31/2011 Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Utilization Form to this address. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) BIDDER'S PROPOSAL PROJECT: Chautauqua/Coachman Ridge Reclaimed Water Project (PROJECT # 07-0053-UT) CONTRACTOR: Bid Tab Table Bid Item 1 2 Description!: Mobilization (3.5% Maximum) Maintenance of Traffic (1.5% Maximum) " Unit LS LS Quantity 1 1 Unit Price $ $ Amount $ $ 3a F&I 4 Certa-Lok PVC Pipe by Horizontal Directional Drill LF 43,040 $ $ 36 F&I 6" Certa-Lok PVC Pipe by Horizontal Directional Dr Drill LF 2,690 $ $ 3c F&I 8" Certa-Lok PVC Pipe by Horizontal Directional Drill LF 1,230 $ $ 3d F&I 12" Certa-Lok PVC Pipe by Horizontal Directional Drill LF 5,760 $ $ F&I 12" Fusible PVC Pipe by Horizontal Directional 3e Drill on Landmark Drive as shown on Sheets 32 to 35 LF 3,230 $ $ of the Construction Drawin s 3f F&I 4" HDPE Pipe by Horizontal Directional Drill LF 450 $ $ 3g F&I 8" HDPE Pipe by Horizontal Directional Drill LF 670 $ $ 3h F&I 10" HDPE Pipe by Horizontal Directional Drill LF 70 $ $ 3i F&I 16" HDPE Pipe by Horizontal Directional Drill LF 770 $ $ 4a F&I 4" Certa-Lok PVC Pipe by Open Cut LF 3,020 $ $ 4b F&I 6" Certa-Lok PVC Pipe by Open Cut LF 280 $ $ 4c F&I 8" Certa-Lok PVC Pipe by Open Cut LF 130 $ $ 4d F&I 12" Certa-Lok PVC Pipe by Open Cut LF 260 $ $ 4e F&I 4" HDPE Pipe by Open Cut LF 1,290 $ $ 4f F&I 8" HDPE Pipe by Open Cut LF 120 $ $ 5a F&I 12" Fusible PVC Pipe by Jack & Bore with 24" Steel Casin CSX Railroad and S.R. 590 Crossing) L5 1 $ $ F&I 6" Fusible PVC Pipe by Jack & Bore with 14" 5b Steel Casing (Crossing Old Coachman Rd at Farrier LS 1 $ $ Trail F&I 4" Fusible PVC Pipe by Jack & Bore with 12" 5c Steel Casing (Crossing Old Coachman Rd at LS 1 $ $ Wetherin ton Road F&I 8" Fusible PVC Pipe by Jack & Bore with 18" 5d Steel Casing (Crossing Old Coachman at Manor Blvd. LS 1 $ $ 6a F&I 4" Resilient Wedge Gate Valve & Valve Box EA 88 $ $ SectionV-l.doc Page 15 of 17 9/24/2008 Bid Item Description Unit. Quantity Unit Price Amount 6b F&I 6" Resilient Wedge Gate Valve & Valve Box EA 7 $ $ 6c F&I 8" Resilient Wedge Gate Valve & Valve Box EA 5 $ $ 6d F&I 12" Resilient Wedge Gate Valve & Valve Box EA 8 $ $ 7 F&14" Blow-off Assembly, Reclaimed Water System EA 17 $ $ 8 F&I 1" Short Side Service Assembly for Reclaimed EA 430 $ $ Water System 9a F&I Single 1" Long Side Service Assembly for EA 307 $ $ Reclaimed Water System 2" Casing) 9b F&I Dual 1" Long Side Service Assembly for EA 60 $ $ _ Reclaimed Water System 4" Casing) 9c F&I Single 2" Long Side Service Assembly for EA 20 $ $ Reclaimed Water System 4" Casing) 10 F&I Combination Air Valve & Polyethylene Cover EA 6 $ $ lla Connect to Existing 16" Reclaimed Water Main at EA 1 $ $ Union Street and Landmark Drive I lb Connect to Existing 24" Reclaimed Water Main at Old EA 1 $ $ Coachman Road North of Sharkey Road 12 Root Pruning LF 1,000 $ $ 13 Tree Barricades LS 1 $ $ 14 Sod Restoration as Directed by the Owner or the j SY 250 $ $ Owner's Authorized Pro ect Representative Concrete Driveway Restoration as Directed by the 15 Owner or the Owner's Authorized Project SY 100 $ $ Representative Concrete Sidewalk Restoration as Directed by the 16 Owner or the Owner's Authorized Project SY 100 $ $ Representative 17 Concrete Curb Restoration as Directed by the Owner or LF 100 $ $ the Owner's Authorized Project Representative 18 Asphalt Paving Restoration as Directed by the Owner or j SY 200 $ $ the Owner's Authorized Pro ect Representative 18a Compliance with American Recovery and Reinvestment LS 1 $ $ Act Criteria SUBTOTAL (BID ITEMS 1-18) $ 19 Owner's Contingency (10%) LS 1 $ TOTAL PROJECT COST (BID ITEMS 1-19): $ PROJECT: Chautauqua/Coachman Ridge Reclaimed Water Project (PROJECT # 07-0053-UT) CONTRACTOR: BIDDER'S GRAND TOTAL $ (Numbers) SectionV-l.doc Page 16 of 17 9/24/2008 BIDDER'S GRAND TOTAL ords) THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Alternative Bid Items 20a F&I 4" Fusible PVC Pipe by Horizontal Directional Drill LF 43,040 $ $ 20b F&I 6" Fusible PVC Pipe by Horizontal Directional Drill LF 2,690 $ $ 20c F&I 8" Fusible PVC Pipe by Horizontal Directional Drill LF 1,230 $ $ 20d F&I 12" Fusible PVC Pipe by Horizontal Directional Drill LF 5,760 $ $ 21a F&1 4" Fusible PVC Pipe by Open Cut LF 3,020 $ $ 21b F&I 6" Fusible PVC Pipe by Open Cut LF 280 $ $ 21c F&I 8" Fusible PVC Pipe by Open Cut LF 130 $ $ 21d F&I 12" Fusible PVC Pipe by Open Cut LF 260 $ $ TOTAL ALTERNATIVE (BID ITEMS 20-21) $ AWARD OF THE CONTRACT WILL BE BASED ON THE LOWEST TOTAL BASE BID AMOUNT, ONCE THE SUCCESSFUL BIDDER IS SELECTED, THE OWNER, AT HIS SOLE DISCRETION MAY REPLACE ANY OF THE PVC PIPE BID ITEMS FROM THE BASE BID WITH THEIR RESPECTIVE PVC BID ITEM FROM THE ALTERNATIVE BID ITEMS. THE TOTAL PROJECT COST WILL BE REVISED ACCORDINGLY SHOULD ALTERNATIVE BID ITEMS BE SELECTED BY THE OWNER. SectionV-t.doc Page 17 of 17 9/24/2008 Chautauqua/Coachman Ridge Reclaimed Water Project Addendum #1 SECTION 15065 TRACER WIRE PART 1 - GENERAL 1.01 TRACER WIRE FOR MAINLINES A. Each length of mainline pipe shall have two (2) 12-gauge minimum Copperhead Extra High Strength copper-clad steel tracer wire as manufactured by Copperhead Industries, or approved equal. Tracer wire shall be duct taped to top center of pipe, with taping at spacing no greater than ten (10) feet along the center of pipe. B. The locator wires shall have colored insulation matching the type of service provided in the main and be acceptable for direct burial. C. All splices of the wires shall be made with watertight shrink wrap connections, as approved by the Engineer. D. The wires shall each be continuous throughout the project, with splices made only by methods approved by the Project Representative. E. The wire is to be tied to all valves, tees and elbows. F. The locator wires shall be brought up into all valve boxes with enough slack provided to extend 10 to 12 inches out of each box and installed as shown in the Standard Details. G. Contractor shall perform a 12-volt DC electrical continuity test on each of the wires. No more than one volt of loss per 1000 feet of mainline pipe will be acceptable. The locator wire system shall pass the 12-volt DC electrical continuity test for at least one wire prior to final acceptance of the pipeline. Any cuts or breaks in the wire shall be repaired by the Contractor at his expense. H. The locator wire shall be tested by the Contractor at the time of pressure testing. If this test fails, the Contractor is responsible for repairing the locator wire and the pressure test will be reschedule when the wire will pass. 1.02 TRACER WIRE FOR LONG SIDE SERVICES A. Each long side service or any service over 40 feet shall have one (1) 12- gauge minimum Copperhead Extra High Strength copper-clad steel tracer Section IV-a 15065-1 Chautauqua/Coachman Ridge Reclaimed Water Project Addendum #1 wire as manufactured by Copperhead Industries, or approved equal. Tracer wire shall be duct taped to top center of pipe. B. The locator wire shall have colored insulation matching the type of service provided in the service and be acceptable for direct burial. C. All splices of the wire shall be made with watertight connections, as approved by the Engineer. D. The wire shall be continuous along the service line. E. The locator wire shall have one end sealed off and buried within 12 inches of the connection to the main with the other end stubbed off in the service box with enough slack provided to extend 10 to 12 inches out of each service box. F. Contractor shall perform a tone test on each long side service using a wire and cable locator. The locator wire system shall pass the tone test prior to final acceptance of the service line. Any cuts or breaks in the wire shall be repaired by the Contractor at his expense. PART 2 - PRODUCTS 2.01 12-GAUGE EXTRA HIGH STRENGTH HARD DRAWN TRACER WIRE A. Conductor Specifications 1. Material Description: CopperweldO Copper-clad steel wire composed of a steel core with a uniform and continuous copper cladding thoroughly bonded to the steel throughout. a. Cladding: The steel and copper interface must have a metallurgical bond achieved through a high heat and pressure bonding process. Established process for porosity- free material. b. Steel: Extra High Strength with 0.54 carbon or greater. Verified to meet required mechanical properties. C. Copper: UNS-C10200; OF Copper according to ASTM 13- 170 (latest revision). High conductivity, oxygen free copper to achieve optimal signal performance. 2. Surface Condition: Wire surface shall be free of any defects, including flakes, grooves, pits, and voids. Wire surface shall be Section IV-a 15065-2 Chautauqua/Coachman Ridge Reclaimed Water Project Addendum #1 smooth, bright and shiny, and free of excessive copper dust and residual drawing lubricants. 3. Physical, Mechanical, and Electical Properties The wire shall conform to the properties listed in Table 1. TABLE 1: Physical, Mechanical, and Electrical Properties #12 CCS 1055 Hard Drawn 21% Conductivity_ CCS Conductor Conductor Size 12 AWG Conductor Type Copper Clad Steel (CCS) Temper Hard Drawn HD Average Break Load 1150 lbs. Minimum Tensile Strength 200,000 psi Minimum Elongation 1.0% Copper Thickness % of Diameter 3.0% Minimum Copper Weight 13% Nominal DC Resistance (ohms/1000 ft. 7.5648 "`Diameter tolerances: i I% B Insulating Jacket Specifications Material Description: insulating jacket is comprised of a co-polymer high molecular weight natural high density polyethylene (HDPE) designed specifically for high-speed copper wire insulating. It contains the required levels and types of primary antioxidant and metal deactivator additives to satisfy most Wire and Cable industry requirements. HDPE material will be produced with an excellent balance of surface smoothness, processing ease, tensile and elongation properties, abrasion toughness, environmental stress crack, thermal stress crack resistance, and electrical consistency. 2. Physical, Mechanical, and Electical Properties The wire shall conform to the properties listed in Table 1. Section IV-a 15065-3 Chautauqua/Coachman Ridge Reclaimed Water Project Addendum #1 TABLE 1: Physical, Mechanical, and Electical Properties High Density Polyethylene Insulator Value Density (ASTM D 792) 0.943 g/cc Bulk Density ASTM D 1895 0.58 /cc Melt Index (ASTM D 1238/E) 0.70 dg/min Tensile-Yield ASTM D 638 4300 psi Tensile-Ultimate ASTM D 638 2900 psi Tensile-Elongation ASTM D 638) 850% Flexural Modulas (ASTM D 790/1 120,000 psi Hardness (ASTM D 2240) 63 Shore D Environmental Stress-Crack (ASTM D 1693/13) F20 > 48 h Thermal Stress-Crack ASTM D2951 FO > 1000 h Brittleness Temperature (ASTM D 746) < -95° F Melting Point (DSC) (ASTM D 3417) 262° F Softening Point (Vicat) (ASTM D 1525) 250° F Oxidative Induction Time (ASTM D 3895 > 50 min. @ 200° C Dielectric Constant (ASTM D 1531) 2.34 1 MHz Dissipation Factor (ASTM D 1531 0.00007 1 MHz Volume Resistivity ASTM D 257 5 x 1017 ohm-cm Dielectric Strength (ASTM D 3755 1000 volts @ 20 mils END OF SECTION Section IV-a 15065-4 . ::: Call FDOT Inspector 48 hours before starti'OLng work: PINELLAS PERMITS (727) 570-5101 Permit # 2008-H-799-280 15050 SR 590 City of Clearwater RECEIVED RULE 1448 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT DEC 2 4 2005 FORM 710-010-85 ?,A' ,'A''?+? UTILITIES PINWS MAIN 1x GIB CE OcC -10107 PERMIT NO.:'--I la a^ SECTION NO.: `!7-0 t5-,o STATE ROAD 590 COUNTY Pinellas FDOT construction is proposed or underway. 0 Yes ? No Financial Project ID: 41 341 21 5201 Is this work related to an approved Utility Work Schedule? ? Yes I] No if yes, Document Number: PERMITTEE: City of Clearwater ADDRESS: 100 S. Myrtle Avenue TELEPHONE NUMBER: (727) 562- 4750 CrrY/STATE/ZIP: Clearwater/FU33756 1- W 42 1 f ci The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafte called the FDOT, t c truct, operate and maintain the following: A fight-of-way (ROW) crossing of State Road 590 and the CSX rail tracks at the intersection with N Old Coachman Rd b a 12" PVC reclaimed water main in a 24" steel casi[Lg vi p2. The proposed method for the crossing Is lack and bore. FROM: see attached figure To: see attached figure Submitted for the PERM17TEE by. Name and Company (Typed or Printed Legibly) Contact Information AddresslTelephone/E-Mail (if applicable) Signature Date Bozhidar Hand'iev P.E., URS Corp. 7650 West Courtney Campbell Causeway, Tampa, FL, 33607/ 8134W-2177 / bozho_handiiev@urscarp.cam t ??Z ? 10e 1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on JUIM 27. 200 to the following utilities known to be involved or potentially impacted in the area of the proposed installation: 2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be ratified a minimum of forty eight (48) hours In advance prior to starting work and again immediately upon completion of work. The FDOTs Engineer is located at 5211 Ulmerton Road. Clearwater Fl . Telephone Number 727-570-5101 The Permittee's employee responsible for MOT is , Telephone Number (This name maybe provided at the time of the forty eight (48) hour advance-notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4: . All plans and Installations shall conform to the requirements of the FDOTs UAM in effect as of the data this permit is approved by FDOT, and shall be made a part of this permit This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5.- This Permittee shall commence actual construction in good faith within I RA days-after issuance of permit, and shall be completed within _ 405 days after the permitted work has begun. If the beginning date Is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6.- The construction and maintenance of such utility shall.not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create ,or vest any property right In said holder, except as provided In executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, orvilong any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at Its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that In the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOTs contractor to arrange the sequence of work so as rat to delay the wurk of the FDOTs contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOTs current UAM. The Permittee shag not be responsible for delay beyond its control. 10. In the one of non-compliance with the FDOTs requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the R /W at no cost to the FDOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shag not WM the authority of the FDOT under Paragraph 8 of this Permit. 11. It Is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and Interest in time land to be entered upon and used by the Permittee, and the PenT* tee will. at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Pemtittee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended for highways, the requirements of the Standard Application Package for railways. Including gagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOTs Design Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Construction, Section 102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those addressed in the above rererences, the Utility must submit an alternative plan signed and seated by a goertsed Florida professional engineer qualified to develop TCP in accordance with the provisions of Chapter 8 of the UAM. 13. Should the Permittee be desirous of keeping its utilities In place and out of service, the Permittee, by execution of this permit acknowledges Its present and continuing ownership of Its utilities located between see &1XLVe and within the FDOTs RNV as set forth above. Whenever the Permittee removes its facilities, it shall be. at the Pernittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soli is encountered by the Utility or anyone within the permitted construction limits, the Utility shag immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work. 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its RAN, the Permittee may be required by Page 1 of 2 RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 710-010-8$ UTILITY PERMIT UTILITIES cac-1oro7 the FDOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover, de-energize or alter aerial facilities as deemed necessary for protection and safety. 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or'any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicty owned fail corridor is damaged or impaired in any way because of the installation, Inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all rovis' of Chapter. FIai 1 Statutes, U ergroun Facilities D Prevention and Safety Acl- 19. Special FDOT instructions: r - id i-t' It is understood and agreed that commencement by the Permittee Is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. Receipt of this permit acknowledges responsibility to comply with Section 119.07(3), Florida Statutes, and UAM Chapter 4.5.2, regarding Exempt Documents and Security System Plans Requests. 21. By the below signature, the Permittee hereby represents that no change to the FDOTs standard Utility Permit form, as incorporated by reference into Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changes to the standard form? )qNO B YES If Yes, pages are attached. 4 PERMITTEE Michael Ouillen, PE / City Engineer SIGNATURE DATE: lz-z,4P Name & Title of Authorized Permttee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: 0 District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION'CERTIFICATION DATE: DATE WORK STARTED: . DATE WORK COMPLETED: INSPECTED BY: (Pennktee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee 1 the undersigned Permittee do hereby CERTIFY thatthe utility construction approved by the above numbered permit was Inspected and Installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT"s current UAM. Afl plan changes have been approved by the FDOTs Engineer and are attached to this permit. 1 also certify that the work area has been left In as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name & Title of Authorized Permittes or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee RECEIVED DEC 2 41008 Page 2 of 2 PM AS MAINTENANCE F.D.O.T. UM ITY PERMIT NO. 2008-H-799-280 (FOR JACK & SORE CROSSING ONLY) F.D.O.T. REQUIREMENTS PERMITTEE MUST COMPLY WITH THE FOLLOWING The Pinellas Maintenance Office must be notified 48 hours in advance of starting work in the F.D.O.T. right-of-way. Ph. (727) 570-5101. NOTE: When installing multiple conduit lines of which a portion is intended to be leased or sold to another utility company, the new lessee/owner. must obtain an approved permit from the Department prior to occupancy. Refer to 1999 UAAL Digging without knowing where it's safe to dig can cause tremendous damage, affecting your electric, telephone, cable television, water, sewer and gas service outages or even loss of life! If you're doing any digging within the state of Florida, state law requires you to notify Sunshine State One Call of Florida (SSOCOF) two business days before you dig. 1-500-432-4770 This is a free service to help keep Florida safe! hgp://callsunshine.com/coxp/index.httnl It is the responsibility of the permittee to determine and comply with all county and municipal ordinances that relate to the construction or other activity as described on this permit. Some ordinances are more stringent than the Department of Transportation requirements. All construction and/or maintenance utility equipment located in the F.D.O.T. Right-of-Way must conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), the F.D.O.T. roadway and traffic design standards and the standard specifications for road and bridge construction. Certified density reports are required on all backfill work within shoulder points of roadway and must be submitted to the F.D.O.T., Pinellas Maintenance Office. This' permit does not authorize the construction of any new sidewalk or drainage connections in the F.D.O.T. right-of-way. A copy of this approved permit, including all plans, must be maintained on the job site before work commences in the F.D.O.T. right-of-way and must be made available during construction/maintenance. NOTE: Any sidewalk disturbed will be replaced by section within 72 hour, to F.D.O.T. specifications. If construction, reconstruction, repair, or maintenance activity necessitates the closing of one or more travel lanes of any road on the state primary, county road, or city street system, for a period of time exceeding two hours, the party performing such work will be responsible to give notice to the appropriate local law enforcement agency which has jurisdiction, where such road is located, prior to commencing work on this project. 335.15 F.S. 7/86; 336.07 F.S. 7186. F.D.O.T. UTILITY PERMIT NO. 2008-H-799-280 (FOR JACK & BORE CROSSING ONLY) THE DEPARTMENT OF TRANSPORTATION RESERVES THE RIGHT TO MAKE ADJUSTMENTS TO ANY PERMITTED METHOD OF INSTALLATION, SCOPE, RESTORATION, AND PUBLIC SAFETY THAT ARISE DUE TO UNFORSEEN CONDITIONS DURING CONSTRUCTION. #18 SPECIAL INSTRUCTIONS CONTINUED : 1). NO LANE CLOSURES OF ANY STATE ROAD IS ALLOWED WITHOUT 48 HR. NOTIFICATION AND PRIOR APPROVAL BY F.D.O.T. PINELLAS MAINTENANCE. 2). NO OPEN CUTS OF ROADWAY PAVEMENT ON SR 590 IS ALLOWED WITHOUT PRIOR APPROVAL. OFFSET FROM EDGE OF PAVEMENT WITH CASING IS 5 FEET ON CROSSING. 3). JACK AND RECEIVE PITS ARE TO BE SHEETED, BRACED OR PROPERLY SLOPED AS NEEDED. WHILE JACKING UNDER ROADWAY, A M 454UM OF 24 FOOT SECTIONS MUST BE UTILIZED. 4). ANY SIDEWALK AND/OR DRIVEWAYS DISTURBED, ARE TO BE RESTORED AS WORK PROGRESSES. MAINTAIN INGRESS/EGRESS ON ALL DRIVES AND SIDE STREETS DURING CONSTRUCTION. 5). A SUBSURFACE SOIL AND DRAINAGE REPORT IS REQUIRED ON BORES INVOLVING CASINGS ? 8 INCHES IN DIAMETER OR AS REQUESTED BY F.D.O.T. r 6). PERMITTEE WILL CALL FOR GROUT REQUIRED, PRIOR TO STARTING JACK & BORE IN THE STATE RIGHT-OF-WAY WHEN CROSSINGROADWAY. 7? JACK & BORE SCHEDULES MUST BE COORDINATED TO COINCIDE WITH TIME FRAMES THAT GROUT CAN BE OBTAINED. 8). A CERTIFIED WORK SITE TRAFFIC CONTROL SUPERVISOR, APPOINTED BY THE PERMITTEE, MUST BE ON SITE TO OVERSEE SET-UP AND MAINTENANCE OF APPROVED MAINTENANCE OF TRAFFIC (MOT) PLAN (SEE ATTACHED PLAN). A COPY OF THE WORK SITE SUPERVISOR'S CERTIFICATION MUST BE PROVIDED TO THE F.D.O.T. INSPECTOR UPON 48 HR. WORK START NOTIFICATION. ORANGE REFLECTIVE SAFETY VESTS MUST BE WORN BY ALL PERSONS INVOLVED WITH THIS PERMIT WHILE IN THE STATE RIGHT- OF-WAY. PROJECTS IN STATE CONSTRUCTION ZONE: ALL INSPECTION MUST BE COORDINATED THROUGH THE CONSTRUCTION PROJECT ENGINEER FOR STATE PROD. FM. # & MUST NOT INTERFERE WITH ANY CONSTRUCTION. F.D.O.T. UTILITY PERMIT NO. 2008-H-799-280 (FOR JACK & BORE CROSSING ONLY) PORTIONS OF THE REQUIREMENTS LISTED-BELOW, ARE IN ADDITION TO THOSE OUTLINED IN THE CURRENT DEPARTMENT'S UTILITY ACCOMMODATION MANUAL. THESE REQUIREMENTS ARE SUBJECT TO CHANGE WITHOUT NOTIFICATION AND DO NOT EXEMPT THE PERMITTEE OF LIABILITY FOR DAMAGES THAT OCCUR AS A RESULT OF THE UTILITY INSTALLATION AND/OR MAINTENANCE. NO PART OF THE PAVEMENT IS TO BE OBSTRUCTED DURING THE INSTALLATION OR MAINTENANCE OF THIS UTILITY. ALL ABOVE GROUND APPURTENANCES MUST BE PLACED AS CLOSE TO THE RIGHT-OF- WAY LINE AS PRACTICAL. TEMPORARY STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIALS (I.E., POLES, CABLE, PIPE, ETC.), TO BE USED IN THE CONSTRUCTION/MA5 TENANCE OF THE UTILITY, IS PROHIBITED IN THE DEPARTMENTS RIGHT-OF-WAY PRIOR TO PERNIIT ISSUANCE. STORAGE IS LRAITED TO A 30-DAY PERIOD, PROVIDED THAT SUCH STORAGE DOES NOT OBSTRUCT VISUAL DISTANCE REQUIREMENTS. OFFSET DISTANCE REQUIREMENTS MUST BE MET, AS SPECIFIED IN THE UTILITY ACCOMMODATION MANUAL. TEMPORARY STORAGE OF TRENCH EXCAVATION MATERIAL IS NOT PERMITTED WITHIN 12 FEET OF THE PAVEMENT EDGE. STORAGE IS NOT TO EXCEED 7 CALENDAR DAYS. OFFSET DISTANCE REQUIREMENTS MUST BE MET, AS SPECIFIED IN THE UTILITY ACCOMMODATION MANUAL. A DEPARTMENT OF TRANSPORTATION PERMIT INSPECTOR MUST BE PRESENT DURING ALL APPROVED UTILITY PERMIT MECHANICAL BORE OPERATIONS. UTILITY POLES, APPROVED FOR INSTALLATION BY THIS PERMIT, ARE NOT TO EXCEED 24 INCHES IN DIAMETER ALL TRENCHES MUST BE BACKFILLED IN ACCORDANCE WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS. ANY DRIVEWAY CONNECTION WHICH IS TO BE DISTURBED AS A RESULT OF THIS APPROVED UTILITY PERMIT INSTALLATION, THE DEPARTMENT RECOMMENDS FOR THE PROTECTION OF THE PERMITTEE THAT PHOTOS BE FILED WITH THE DEPARTMENT SHOWING THE ORIGINAL CONDITION OF THE DRIVEWAY. THE PER1 ffr rEE IS RESPONSIBLE FOR FILING PERMIT APPLICATIONS WITH THE PROPER MUNICIPAL AGENCY BEFORE CROSSING ANY SECONDARY ROADWAYS OWNED BY THE CITY OR COUNTY WHICH CONNECT TO STATE ROADS BEING AFFECTED BY THIS PERMIT. THE PERNIITTEE IS RESPONSIBLE, DURING AND FOLLOWING THE UTILITY INSTALLATION, FOR WATER QUALITY WHERE THE UTILITY IS BEING INTRODUCED TO DEPARTMENT OWNED DRAINAGE FACILITIES. THE DEPARTMENT RETAINS THE RIGHT TO VOID THIS PERMIT AND REQUIRE REMOVAL OF ALL DRAINAGE CONNECTIONS IF THE QUALITY OF WATER IS NOT MAINTAINED WITHIN LI IITATIONS ESTABLISHED BY THE DEPARTMENT OF POLLUTION CONTROL OR OTHER APPROPRIATE GOVERNMENTAL AGENCIES. THE PERMITTEE IS RESPONSIBLE FOR SUBMITTING A STORM WATER POLLUTION PREVENTION PLAN AND NOTICE OF INTENT TO THE F.D.O.T. DISTRICT PERMIT OFFICE OR LOCAL MAINTENANCE OFFICE WITHIN 48 HOURS OF COMMENCING CONSTRUCTION, IN ACCORDANCE WITH THE CODE OF FEDERAL REGISTER LO CFR 122.26) AND U.S. ENVIRONMENTAL PROTECTION AGENCY IMPbIENTATTiiON PROCEDURE BY F.D.O.T. UTILITY PERMIT NO. 2008-H-799-280 (FOR JACK & BORE CROSSING ONLY) INCORPORATING THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM AS DOCUMENTED IN THE SEPTEMBER 25,4992 ISSUE OF THE FEDERAL REGISTER, PART 3, VOLUME 57, NUMBER 187. ALI. c42? ? w a G 4~ ?W - g ?Ro e dig ?? ox W A w ME ? N Wti cxa w, ? ? 4 e C .(A{ ? I b u? ?' G , ? rpr L ¦ H ¦ ?N ? m • ¦ ESS ??~ g 68 B b4 $ ci Q ¦ ss b 1a ? IQ IQ I? g ? c 'n' ? s 3 ,??, Y 4 ¦ a ¦ ? ? ~ ? ?`?WS 3 b o ? c lei ti ti %I Ali w M nn A V u 06??e& bti NO i RAI fil 4 N ; w uS d l CC ? G S ' 4 1. i Y ? ? SG Qq !?^ O ??+i5 ? b 7? ? l? C ? ? ,6 ( y }+ J J b ? Ll ? ' F W 4 t 2 ? W W W W W w. 1 c ? p m p ? + 1V$GI 6 a ? ?pp of p p i P 2 LLA ? Z U? W a Ic Qh?C u? Me U a?U? WOO Vj e e y?y? W? a ?adn1 JYab p h? 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S319VA ,0-,L .0-,Z w i0 U 7 ?NtlN3?yW $y'TTdNId 330 4dl/, /f , v// I d 5 i ° m F u] Q ?1? x C ry y a_ 4 Na \ d i ,j 1 CSx TRANSPORTATION Rene M. Kurth Customer Account Specialist March 31, 2009 City Of Clearwater 100 S Myrtle. Avenue Clearwater, FL 33756 RE: Agreement No.: CSX621838 Dear Mr. Quillen: Attached is fully-executed original of Agreement No. CSX621838, dated January 19, 2009 In accordance with this Agreement, Agreement Holder is responsible for paying the actual cost of CSXT flagging and/or support services, including all applicable surcharges (collectively "Fees"). No work is to he performed on CSXT property without Roadmaster's authorization. It is your responsibility to schedule any work on CSXT property with CSXT Outside Services. To schedule the work, complete and follow the instructions on the attached Outside Party Number Request Norm. It was a pleasure assisting you with this project and we look forward to working with you in the future. If you have any questions please contact me at 904-633-11.08 or rene,-kurth@csx.com Sincerely, Rene M. Kurth Attachment ,i "flow Tomorrow Moves" CSX Transrorratic??a -500 Water Street, JI80, Jackso,i.?411e, F oridcr 37202-4423 NwnUAL TRANSPORTATION Form # OP OUTSIDE PARTY NUMBER REQUEST FORM o 0 All information must be TYPED or CLEARLY PRINTED • Proof of insurance as required by CSX and/or indicated in your agreement Note: If flagging protection is required, the average cost is $800.00/day, this is not an invoice. A separate invoice for actual costs of flagging services will be sent to the Licensee or Project Owner upon completion of the project. * For Maintenance Only: Please provide a check for $100.00 for processing of the Request. form. Please submit this form in one of the following manners: Mail: Property Services c/o Flagging Projects 500 Water Street, J 180 Jacksonville, FL 32202 _ ...................... .. Fax: 904.245.3692 Email: OP_Request@csx.com CSX TRANSPORTATION Instructions OUTSIDE PARTY NUMBER REQUEST FORM( 0 Fla =ing Services: Flagging services are required when projects are within close proximity to active rail lines and can only be performed by qualified CSXT personnel- Conditions when CSXT flagging services are required include: • When an agency, consultant, or contractor is working on, near or adjacent to active railroad tracks • When an outside party is using railroad property or performing operations that may affect railroad property or facilities • When work off railroad property could impact CSXT property or operations • When off-highway construction equipment is crossing the railroad at a private or public crossing • When oversized equipment or highway vehicles are to cross the railroad at a private or public crossing CSXT flagging services may only be performed by qualified CSX"l' employees who are (i) trained in the proper procedures related to rail operations and safety requirements, (ii familiar with rail operations and procedures in a project area, and (iii) able to communicate directly with CSXT dispatching personnel and train crews. Depending on the current schedule of projects andlor your project scope, it may take 30 or more days to secure a flagman for your project. Instructions: • All information must be TYPED or CLEARLY PRINTED • Proof of insurance as required by CSX or as indicated in your agreement (Certificate or Insurance which states CSX Transportation, Inc. as additional insured. Current coverage requirement is $3 million per occurrence. Please direct any questions to Shawn Schieler at 904.633.1513) • Note: If flagging protection is required, the average cost is $80100/day, minimum 8 hours plus drive time and other incurred expenses. This is not an invoice. A separate invoice for actual costs of flagging services will be sent to the Licensee or Project Owner upon completion of the project. (Please note certain projects may require engineering review and the Agreement Holder/ Project Owner will he responsible for all costs associated with this review by CSXT and/or its Contractors.) • When off-highway construction equipment is crossing the railroad at a private or public crossing • When oversized equipment or highway vehicles are to cross the railroad at a private or public crossing Please submit the form with payment of $100.00 [pre-authorization (credit card) form can be found on the. CSX website at: http://www,csx.com/?fuieaction=general.csxp_tlag] in one of the following manners: Mail: Property Services Fax: 904.245.3692 Email: OP_Request0csx.com c/o Flagging Projects 500 Water Street, J 180 [include pre-authorization form with fax or email] Jacksonville, FL 32202 [Include check or pre- Authorization forth] • In the event that local flagging services are not available at the time of your request work effort, flagging services from outside the geographical area of your project may be assigned but at extra cost to the A ree nt Holder/ r ' caner. The cost of flagging services vary based on factors including, but not limited to, type of project, duration of project, utilization of local or out of town flagging personnel, etc. • In the event it is necessary to cancel or re-schedule flagging services already scheduled, the following notice periods are required (Failure to provide notice as stated shall result in the customer incurring costs associated with the scheduled flagging services): i. 48 hour notice - Short term projects (project time frame of I - 3 days to completion) ii. 3 days notice - Medium term projects (project time frame of 4 - 19 clays to completion) iii. 5 days notice - Long term projects (20 or more days to completion) Instructions: Page I of 2 TRANSPORTMON Instructions OUTSIDE PARTY NUMBER REQUEST BORN ys Completing the form: ?_?,''_'?rr_vrv.. .•?v • =i '• '' ? •r ;:i x:tir: :r. ?r : :rgr:. • rr.•rr:::• ; ?. ;r •: u.?.v:. ?: arrrrr: r: rr -n:•: "..'.' rfr: rr ?.•: • rti may. . ti v • •? rk ?{:r {rr •'?::f r :; ,.;;,rr.;?'r'%'i'•rr: f.•::-:: r,:r •r ,r• •P• : 'rrr;}fir".ti;C;?%,-%. S'd'!:{ ' ?. ... :? ?:r???•:?:r'?,:•'er?;%??-? -?•rs •n:::e ?! ::=%i::::: rfi???:n%i:%: ^:? :r'r ? sr••1•::: f% rF 4 Location / Project Description: City, County, State Location of the requested work to be performed Requested Start Date - The day you wish to initiate your work efforts (note: depending on the work to he performed and Cite duration it; days, 30 days advance notice is required) Duration in Days - The number of days you expect your work effort to take place Project Description - A detailed description of your work effort (mote: this information is required in making the decision as to the necessity of flagging services - can be submitted on separate page. If an adequate description is not provided, we can not process your request.) Agreement Information: CSXT Agreement No. Typically located in the top right corner of the agreement CSXT Agreement Date Date agreement executed, Typically located on page I of the agreement Agreement Holder: - Entity named in agreement - other than CSXT. Typically located on page I of the agreement Railroad Milepost Typically located on page 1 of the agreement Current Billing Information - Billing information for the agreement holder (entity named in agreement) Project Contact Information - Contact information for individual responsible for managing work efforts Please direct any questions to Shawn Schieler at 633-151:3 or OP_Request@csx.com. Instructions: Page 2 of 2 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, Made and effective as of January 19, 2009, by and between CSX TRANSPORTATION, INC, a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 S Myrtle Avenue, Clearwater, Florida 33756, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): L One (1) twelve inch (12") diameter sub-grade pipeline crossing, solely for the conveyance of reclaimed/non-potable water, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater Subdivision, Milepost SY-870.2; hereinafter, collectively, called the "Encroachment," as shown on print(s) labeled Exhibit "B," attached hereto and made a part hereof; other details and data pertaining to said Facilities being as indicated on Exhibit "A," also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: L LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and contained: (C) Compliance by Licensee with the terms and conditions herein does hereby license and permit Licensee to ConStruC:t. Maintain. repair, renew, Operate, use, :titer or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. 1.2 The terra Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclt+ iVely to the transmission usage above within the Encroachment, and as shown on attached Facility Application Form and plan(s). Page I of 15 o PS- FORM 1001-G REVISED APRIL 29. 2008 AGREEMENT NO. CSX621838 13 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upoth prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2. t Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FIVE HUNDRED U.S. Dollars AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licenser's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 12 location and construction of Facilities shall be matte strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and sixe(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at rime(s) Satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. Page 2 of 15 o PS- FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensors safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4, PER-HITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations. requirements and laws of any governmental authority (State. Federal or Local) havin g jurisdict-lon over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (.29 CFR 1926,651(b)), et at., and Slate "One Call" "Call Before You Dig" requirements. 1.2 Licensee astiumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. Page 3 of 15 0 PS - FORM 1001-G REVISED APRIL 1-9,2(X)8 AGREEMENT NO. CSX621838 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensoe's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to .Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from. Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location. height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from. Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such .changes at Licensee's cost. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify t11e depth or height of the l~acilitie5 or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should Such relocation or change be necessary to comply with the tninimum clearance requirements of Licensor. Page 4 of 15 0 PS - FORM 1001-G REVISED APRIL 29, 2(x38 AGREEMENT NO. CSX621838 T2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shalt be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8. l Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensoe's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to snake promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations. use or removal of the Facilities or any stnicture in connection therewith, or restoration of premises of Licensor to good order or condition aftcr removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by State law, during any period of actual construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability Page 5 of 15 o PS - FORM 1001-G REVISED APRIL 29,2(X)8 AGREEMENT NO. CSX621838 hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licenser's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9. 1. Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 [Notwithstanding Section 9. 1, Licensee also expressly assumes all risk of loss which in any way may result from, Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by. Subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 if a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 !Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licenser's ability to collect under the insurance policies required to be maintained under this Agreement. Page 6 of 15 0 PS- FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liabilitv Insurance (C„GL), naming Licensor, and/or its designee, as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code 1180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the address listed above. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licenser's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee f=inds it necessary to perform construction or demolition operations within fifty feet (50) of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 0196) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such R.I'L policy shall be sent to and approved by Licensor prior to commencement of Stich construction or demolition. Licensor reserves the right to demand higher limits. (13) At Licenser's option, in lieu of purchasing RPL insurance from art insurance company (but not CGL insurance), Licensee may pay Licensor, at Licenser's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition Page 7 of 15 o PS - FORM 1071-G REVISED APRIL, 29.20)8 AGREEMENT NO. CSX621838 activities, to Licensor's Railroad. Protective Liability (RPL) Policy for the period of actual constriction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licenser's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensoe's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense, and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 123 Stich expense shall include, but riot be limited to, cost of railroad labor and supervision tinder "force ace.ount" rules. plus current applicable overhead percentages, the actual cost of materials, and insurance. freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensoe's applicable fixed rate, Licensor may, at its discretion, require advance deposits for estimated casts of such expenses and costs. Page 8 of 15 0 PS - FORM 100 1 -G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. W. TERMINATION, REMOVAL: 1.4.1. All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions- 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15A . Licensee shall live Licensor at least thirty (30) days written notice: before doing an work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit L.icensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 2145-3692 and (904) 633-3450. Licensee may also scan and email it completed form to email Page 9 of 15 o PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 address: OP_Request@csx.coni. A blank form, as well as additional instructions and information, can be obtained from Licensoe's web site, via web link: http://www.csx,conV?fuseaction=general.csxp-flag. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensoe's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 727-562-4960. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J 180; o[ at such other address as either party may designate in writing to the other. t5.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16. 1. this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 163 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16-5 In the event of any unauthorized sale, transfer, assignment. sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option. may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. Page 10 of 15 0 i PS- FORM 1(0I -G REVISED APRIL 29,2(X)8 AGREEMENT NO. CSX621838 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation, Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensee's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it snake, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, tittle or interest in or to Li.c_ettsor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licenser hereby expressly waives, any claim of ownership in and to any part of the Facilities. Page I i of 15 o PS- FORM 1001-G REVISED r1PRIL 29, 2008 AGREEMEN'r NO. CSX621838 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been tiled or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 if any amount due pursuant to the terms of this Agreement is not. paid by the due date, it will be subject to Licensor's ,tandard late charge and will also accrue interest. at eighteen percent (18`;7x) per annum, furless limited by local law, and then at the highest rate so permitted_ 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due tinder the Agreement. Page 12 of 15 o PS - FORM IWI-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX621838 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent; affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Li.censor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 19. RESERVED: 20. RESERVED: 2.1. RIDERS: 21.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Page 13 of 15 o PS - FORM 1001-G REVISED APRIL 29.2(X)8 AGREEMENT NO. CSX621838 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC Marie A. Musfeldt Print/Type Name: Director Print/Type Title: Witness for Licensee:/ CITY OF CLEARWATER By: -20,21 Countersigned: Who, by the execution hereof, affirms that he/she has 44",77erms authority to do so and to bind the Licensee to the and conditions of this Agreement. U-fbbard ayor Print/I'ype Name:William b. Horne II, z V. V ed as t Printrrype Title: City Manager Camilo A. Soto Assistant City Attorney Tax Lla No.: Authority under Ordinance or Resolution No Dated _M-1 ATTEST: ACynt 'a ?EGoudeaul, City C ? ? !lam ??? Page 14 of 15 o AE: .Csx TRANSPORTATION FORM CSXT 7455 - Rev. 07/02/2007 (Page I of 4) r• APPLICATION FOR PIPELINE CROSSING/PARALLELISM All applications are to be submitted in accordance with CSXT's Pipeline Specification Package. Failure to strictly adhere to these specifications will result in delays, additional costs and possible return of your application. Drawings should either be 8%z" x I 1", S''/z" x. 14" or I I" x. 17" size (refer to Drawing requirement checklist). CSXT reserves the right to approve or decline any application. One original and one copy of this application form, together with plan and profile drawings, and a $750.00 nonrefundable Review Fee are to be submitted to: CSX Transportation, Inc., Property Services Department, J180, 500 Water Street, Jacksonville, FL 32202. DATE RECEIVED • No work may proceed on CSXT's tight of way until the Licensee has received a fully executed agreement and obtained notice to proceed from CSXT's local Roadmaster or its designee. • Due to future maintenance responsibilities CSXT' will not enter into an agreement with a Developer. It is the Developer's responsibility to coordinate the application with the local governing municipal authority. • No verbal approvals will be granted. No Blasting on/under/near CSXT right of way. No Directional Boring. Continued on Page 2... EXHIBIT "A". Application Date: 10/16/08 CSXT File/Agreement Number: .:t fl'own/Villa e: Clearwater Occupancy Type: [ Crossing Only (Complete Section A or A. RR Mile ost Location for Crossing (non-sp Crossing location: 1,108 ft. N / Latitude: N 27 58 39 35 If Known: Valuation Station: -ou-nt : Pinellas C_....: Crossing & Parallelism (Complete Sections A or B & C) State/Province: FL Parallel Only (Complete Section C) *Do not m direction from RR Milepost; 870 Longitude: W 82 44 NA Valuation Map No, from a DOT 17 . 50 NA B. RR Milepost Location for Crossing (spur track) _ *Do not measure from a -DOT si Spur Track Crossing Location: N/A ft. (N / S / E / W) (direction) from RR Milepost: NIA _ to point-of- switch, then: N/A ft. aloe spur track to crossing location. ,._•... Latitude: N N/A : NA Longitude: W N/A : -- A m 1f Known; Valuation Station: N/A . ....7. Valuation Map No.: N/A Continued on Page 3... EXHISIT "A" FORM CSXT 7455 Rev, 07/02/2007 (Page 2 of 4) Application Date: 10/16108 CSXT File/Agreement Number: ??1_.? Ga ?..! c> ?.j Crossing Length/Segment I i54 Parallel Length/Segment on RR WW? ft. on RR R/W: NA Ft. Will i eline be located entire! within public road R/W? J. Yes, DOT Crossin No.: 626 829 R I No NOTE: Road name, number. and width of RJW are required on drawine. FORM CSXT 7455 -- Rev. 07/02/2007 (Page 3 of 4) Application Date: 10/16/08 CSXT File/Agreement Number: Z- I w.. 7, ;' r...,.• - 777.77,777 :f. - r .- --. --- -.--- PIPE SPECIFICATIONS: CARRIER PIPE: : GAS.1N PIPE: Substance to be conveyed: f" Flammable / 17 Non-Flammable Reclaimed Water N/A Temperature: 65 F - 80 F N/A Maximum Workin Pressure: 100 N/A Pi Material: PVC Steel Material Specifications & Grade: AWWA C900 DR18 ASTM A53 Grade 36 Specified Minimum Yield Stren h: 7,000 35,000 Nominal Size: 12" 24" Wall Thickness: 0.775 0.375 I?Te of Seam: Fused Welded T "e of Joints: Fused Welded Total Length Within CSXT R/W: 154 154 If Tunnel Liner Plates: Attach manufacturer's shop detail and computations that include late thickness and gauge. Location of Shut-Off Valves Viral valve is awcx- 1 W leet southeast and second is 1.115 k+et northwest from renter One ct track a" Old ('aaom.an Road Number of Manholes WA Number of Other: N/A Describe: NIA Manholes shall be flush with to of ound and dimensions of ancilla structures are re uired on drawin . Method of Installation: (a) ,!.j Bore & Jack i. Other: Protective Coating: !Yes ? : No Ty Tyke: _ Cathodic Protection: ;Yes ? I No Temporary track support or ripra required. I, ,,; Yes •!.; No If es, describe and show details on drawing. Division: 1(-Say IV k e, Subdivision: No. of Crossings: Val. Section/Ma No.: Absolute Ma No.: (1`'7r PIN No.: Roadmaster Code: _ Parcel No.: Contract T Fiber: `-ACA Val. Station Crossin : Milepost No. Crossin : `?10 . ?. Val. Station arallelism : From: To: --- Milepost No. (ParallelismZ To: Mile ost No. _(Spur Track : then ft. along s ur tracks to crossinglocation. Shortline Lease Corridor: Track Sold to Shortline: , ! Yes L NO . Shortline Lease A t. No.: Inspector R uired: es ?_ No En g. Approval Letter: : Yes I No FDOT Eng. A roval Ltr.: - y-Yes r? 'No Project Manager: V: -u q--r1 Title: Approved Comments: ------- ?w --- Title: ---- Continued on Page 4. -. 'Sig XH1131T "A" FORM CSXT 7455 -- Rev. 07/02/2007 (Page 4 of 4) CSXT DRAWING REQUIREMENTS FOR PIPELINE CROSSING/PARALLELISM Application Date: 11)/1 1 8 Agreement Number. All Information and measurements are to be clearly labeled and shown on all drawings. Alt drawings are to be submitted with CSXT's pipeline occupancy application form No. 7455. Failure to strictly adhere to these requirements may result in delays, additional costs and possible return of your application, Drawings should either be 8%"x 11 , W x 14° or 11 "x 17" size. CSXT reserves the right to approve or decline any application. Gray or monochrome scale required. Aerial photos must be separate from the drawing. All a Il a le boxes must be the ked (Note: Metric Information will N,QT be accepted.) ll Legible Drawing(s) size 8% x11, 8'/ x14 or 11x17. Wv___.T f _[ Overall plan view for parallelisms North Arrow II Title block with owners legal name, drawing number and date. Z;1, New pipeline in bold lines. J L Distance and direction from CSXT actual milepost monumentrmarker (riot the DOT sign at the road crossing). Distance and direction from nearest track and public road intersection. Lj Public road right-of-way lures (if within the confines of a public road crossing)-?? ^ - _ 4l CSXT right-of-way lines relative to centerline of adjacent track(s). W Width of CSXT right of way. ^m 2J Angle of crossing at track(s), and number of tracks crossed. - ll Plan View, cross-section and profile of casing and carrier pipes. f 11 Points where pipeline enters and leaves CSXT's right-of-way. v Total length of carrier and casing pipe within CSXT right of way. f1 Cross-section of track at encroachment, including relevant dimensions. pepthhninlmum cover of casing pipe measured from: El Top of pipe to bottom of rail `'f U Within the fight-of-way but not beneath the track(s) G Below any ditches iL pascriptivn of Casing Pipe End Seals a.. Measurement to any manhole(s)/other(s) from nearest/adjacent track(s) and milepost. L Size and location of Vent pipes on cross section/pro% drawing (for flammable substance with sealed casing pipe), Location of shut off valves: - f: w (a) Crossings: No further than 2,000 feet from centerline of nearest track: (b) Parallelisms: Within 2,000 feet of entrance and exit point of CSXT right-of-way Location of any CSXT signals, signal equipment, road crossing warning devices, poles, pole lines, bridges, and sny other facilities relevant to the pipeline and the location of the pipeline. Location of all proposediparfonned geotechnical borings - This is required for all casings with an O.D. 0 48 inches or greater. ._ ......... _.... .._-_ _ Facilities, structures, obstructions, etc.,. to be relocated, Distance of face of Launching & Receiving pits located from cantaAine of adjacent track @ 90*_ Launching Pit and Receiving Pit Dimensions! Width, Length and Depth. ....------- - - ._- I affirm that I have reviewed CSXT's Pipeline Specifications and the foregoing information complies with the current CSX Pipeline Specifications, governing laws or regulations, and accurately reflects the proposed pi eline crosaingiparallelism of CSXT's right of way. Applicant's Signature: ?W__ -» -? 311JONd ONV NVId aun ONISSOMO M/a 1XSO 2 ivM 1?Yjb??AJ.IJ g3 6 103('Md M38 -oaw NmH3vm / Vf onvillm 'r i j x ?rm:r r ? ' n -T 'j 1 I I 1 ff - ?I-? ` 1 C? 1 r I? !. r N./? --'._ ,ter' .._.__?jr. _. •- °! ? 4 ,r `f ? ? -71 -4- lf, 1 in ? v I j 1 111 "i r - Y .. ? , ? ? I I f 1 ? • f I r l m y U ? to -. f r L ?'' /, "j I ?? / Q'I ? ?? d .;y?•?. ? ?? /: :' ri J l , I k ? • .q Cp ty ix C: y _ `r ? p ? i. 7 - ri - 'BOARD OF COUNTY COMMISSIONERS Nancy Rostock Neil Rrickfield Calvin D. Harris Susan Latvala John Morroni Karen Williams Seel Kenneth T. Welch URS Corporation 7660 West Courtney Campbell Causeway Tampa, Fl. 33607-1462 Utilization Permit #09-0244U March 27, 2009 Attn. Bozhidar V. Handjiev, PE learwater Chautauqua/Coachman Ridge Reclaimed Re: Intent to Permit Letter for City of C Water Project [URS Project No. 120080211 Dear Mr. Handjiev: This is not an a roved grmit. This letter Owill serve nce the so uraato has submitted acceptable referenced City of Clearwater RCWM project- -Site Specific" M.O.T. plans that are signed & sealed by a Florida Registered gIE gineering approved by the Pinellas County Regulatory ServiceWay Utilization Permit. Division, we will issue the formal approval of the Right-of- Technician ermits PLEASE ADDRESS REPLY TO: 440 Court Street Clearwater, Florida 33756 Phone: (727) 464-3251 Website: www.Pinellascounty.or8 40 Regulatory or, --- CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (PROJECT No. 07-0053-UT) CONTRACT DOCUMENTS & SPECIFICATIONS Prepared for Clearwater k411111111 11111111k%wo 1111111111111111 1 ISSUE FOR BID March 2009 Prepared by x?? 6'Z- 73 0 3/ Z®/©? 7650 West Courtney Campbell Causeway, Suite 700 Tampa, Florida 33607-1462 CITY OF CLEARWATER, FLORIDA CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (PROJECT No. 07-0053-UT) SECTION I SECTION II SECTION III SECTION IV SECTION IVa APPENDIX SECTION V TABLE OF CONTENTS ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS TECHNICAL SPECIFICATIONS SUPPLEMENTAL TECHNICAL SPECIFICATIONS PROJECT PERMITS AND GEOTECHNICAL SOIL REPORT CONTRACT DOCUMENTS Cover-Ldoc i 10/10/2008 SECTION I ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT CONTRACT # 07-0053-UT CLEARWATER, FLORIDA Copies of the Contract Documents and Plans for this Project are available for inspection and/or purchase by prospective bidders at the City of Clearwater's Plan Room - website address: www.m3KIearwater.com/cityprojects, ON Wednesday,, March 25, 2009, until no later than close of business three (3) days preceding the bid opening. Price of Contract Documents and Plans, as indicated on the website, reflects reproduction cost only. The work for which proposals are invited consists of construction of a reclaimed water system with approximately 63,000 linear feet of 4-inch, 6-inch, 8-inch and 12-inch PVC piping (Certa- Lok or Fusible) including valves and fittings. The work also includes approximately 800 1-inch and 2-inch service connections. HDPE and ductile iron piping will be used only on the locations shown on the Contract Drawings or as instructed by the Owner's Authorized Project Representative. The method of installation is horizontal directional drilling. Open cut may be used only when it is impractical to use horizontal directional boring or as shown on the Contract Drawings. A MANDATORY Pre-Bid Conference for all prospective bidders will be held on THURSDAY APRIL 16 2009 AT 10:00 AM AT MSS CONFERENCE ROOM 130, 100 S. MYRTLE AVE., CLEARWATER,_ FLORIDA. Representatives of the Owner and Consulting Engineer will be present to discuss this Project. Sealed proposals will be received by the Purchasing Manaer, at the Purchasing Office, located at the Municipal Services Bldg., 100 So. Myrtle Ave., 3' Floor, Clearwater, Florida 33756- 5520, until 1:30 P.M. on THURSDAY, MAY 73 2009, and publicly opened and read at that hour and place for CHAUTAUOUA/COACHMAN RIDGE RECLAIMED WATER PROTECT (07-0053-UT). A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and proposal form is available to the general public (Contractors, Sub-contractors, suppliers, vendors, etc.) for review and purchase. However, sealed proposals will only be accepted from those Contractors that are currently City pre-qualified Contractors in the construction category of Water and Force Mains with a minimum pre-qualification amount of $4,000,000. Contractors wanting to pre-qualify to bid this project must do so two (2) weeks/ten (10) workdays prior to the bid opening date. A 10% bid bond is required for all City of Clearwater projects. The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids. The City of Clearwater, Florida George McKibben, Purchasing Manager (727) 562-4634 SectionI-1.doc Page 1 of 1 8/27/2008 SECTION II INSTRUCTIONS TO BIDDERS Table of Contents: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 COPIES OF BIDDING DOCUMENTS ..............................................................................1 QUALIFICATION OF BIDDERS ...................................................................................... 1 EXAMINATION OF CONTRACT DOCUMENTS AND SITE ....................................... 1 INTERPRETATIONS AND ADDENDA ........................................................................... 2 BID SECURITY OR BID BOND ...................................... CONTRACT TIME ............................................................................................................. 3 LIQUIDATED DAMAGES ................................................................................................ 3 SUBSTITUTE MATERIAL AND EQUIPMENT .............................................................. 3 SUBCONTRACTORS ............................................................ ..... 3 BID/PROPOSAL FORM ..................................................................................................... 4 SUBMISSION OF BIDS ..................................................................................................... 4 MODIFICATION AND WITHDRAWAL OF BIDS ......................................................... 5 REJECTION OF BIDS ........................................................................................................ 5 DISQUALIFICATION OF BIDDER .................................................................................. 5 OPENING OF BIDS ............................................................................................................ 5 LICENSES, PERMITS, ROYALTY FEES AND TAXES ................................................. 5 IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE .................................... 6 AWARD OF CONTRACT .................................................................................................. 7 BID PROTEST .................................................................................................................... 7 TRENCH SAFETY ACT .................................................................................................... 8 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL MANAGEMENT MEASURES .......................................................................................... 8 SectionII-1.doc i Revised: 7/17/2008 Section II - Instructions to Bidders I COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents are available at the City of Clear-water's Plan Room --- website address: www.Myclearwater.com//cityprojects. Price of Contract Documents and Plans, as indicated on the City's Website, reflects reproduction costs only, which is non-refundable. A complete bidder's package containing plans, specifications, bond forms, contract form, affidavits and bid/proposal form is available only to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who may be a possible subcontractor, supplier, or other interested person may purchase a "Subcontractor" package consisting of plans, specifications, and list of pay items. 1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor the Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by Bidders, sub-bidders or others- 1.3 The City, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant any other permission to use the documents for any other purpose. 2 QUALIFICATION OF BIDDERS 2.1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner before obtaining drawings, specifications and contract documents. An application package for pre- qualification may be obtained by contacting the City of Clearwater, Engineering Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758- 4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street address only) or by phone at (727) 562-4750. All qualification data must be completed and delivered to the Director of Engineering at the above address not later than fourteen (14) days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City do not have to make reapplication. 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable federal, state and local laws, ordinances, rules and regulations; and (d) study and carefully correlate Bidder's observations with the Contract Documents, and notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site and which have been utilized by the Engineer in SectionH-Ldoc Page 1 of 9 Revised: 7/17/2008 Section H - Instructions to Bidders preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 3.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data famished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents. 3.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 3.5 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 3.6 On request in advance, City will provide each Bidder access to the site to conduct such explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests. 3.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract Documents. 3.8 The submission of a Bid will constitute an unequivocal representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work. 4 INTERPRETATIONS AND ADDENDA 4.1 All questions as to the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda, either by mail or facsimile transmission, to all parties recorded by the Purchasing Manager as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only information provided by formal written Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect. SectionlI-I.doc Page 2 of 9 Revised: 7/17/200h Section II - Instructions to Bidders 4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. 5 BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidder's maximum Bid price and in the form of a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the requirements of the General Conditions. A cash bid bond will not be accepted. 5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute, deliver the Agreement and furnish the required Bonds within ten (10) days after the award of contract by the City Council, the City may annul the bid and the Bid Security of the Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the successful execution of the agreement with the successful Bidder or for a period up to ninety (90) days following bid opening. Security of other Bidders will be returned approximately fourteen (14) days after the Bid opening. 5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company qualified to do business in, and having a registered agent in the State of Florida. 6 CONTRACT TIME 6.1 The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. 7 LIQUIDATED DAMAGES 7.1 Provisions for liquidated damages are set forth in the Contract Agreement. 8 SUBSTITUTE MATERIAL AND EQUIPMENT 8.1 The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical Specifications. 9 SUBCONTRACTORS 9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to similar projects and other evidence of qualification for each Subcontractor, supplier, person and organization to be used by the Contractor in the completion of the Work. The amount of subcontract work shall not exceed fifty percent (50%) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed SectionII-I.doc Page 3 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract to the City Council, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Successful Bidder declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security to the City of any Bidder. Any Subcontractor, supplier, other person or organization listed by the Contractor and to whom the Engineer does not make written objection prior to the recommendation of award to the City Council will be deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the General Conditions. 9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or organization against whom he has reasonable objection. 10 BID/PROPOSAL FORM 10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. All blanks on the Bid/Proposal Forms must be completed. The Bidder must state in the Bid/Proposal Form in words and numerals without delineation's, alterations or erasures, the price for which he will perform the work as required by the Contract Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor for completing the section or item as per the plans and contract specifications. Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be found to be less after the actual construction of the work, the amount bid for each section or item will be increased or decreased in direct proportion to the unit prices bid for the listed individual items. 10.2 Bids by corporations shall be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the Signature. If requested, the person signing a Bid for a corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. 10.3 Bids by partnerships shall be executed in the partnership name and signed by a general partner, whose title shall appear under the signature and the official address of the partnership shall be shown below the signature. 10.4 All names shall be typed or printed below the signature. 11 SUBMISSION OF BIDS 11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in a $.5"x11" manila envelope with the project name and number on the bottom left hand comer. If forwarded by mail, the Bid shall be enclosed in another envelope with the notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater, attention Purchasing Manager. Bids will be received at the office indicated in the Advertisement until the time and date specified. Telegraphic or facsimile bids received by the Purchasing Manager will not be accepted. SectionII-Ldoc Page 4 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders 12 MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and' delivered as described in the Advertisement of Bids. A request for withdrawal or a modification shall be in writing and signed by a person duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn or modified. 12.2 After a bid is received by the City, the bidder may request to modify the bid for typographical or scrivener's errors only. The bidder must state in writing to the City that a typographical or scrivener's error has been made by the bidder, the nature of the error, the requested correction of the error, and what the adjusted bid amount will be if the correction is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or modify any bid. 13 REJECTION OF BIDS 13.1 To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds for the rejection of a bid include but are not limited to a material omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in the interest of the public. 14 DISQUALIFICATION OF BIDDER 14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit contained in the Contract Documents. 15 OPENING OF BIDS 15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. 16 LICENSES, PERMITS, ROYALTY FEES AND TAXES 16.1 The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any construction or operation process, which is protected by patent rights except as specifically Section11-Ldoc Page 5 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. 16.3 The Contractor shall pay all applicable sales, consumer, use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements. 16.4 The City of Clearwater is exempt from state sales tax on materials incorporated into the WORK. The City of Clearwater reserves the right to implement the Owner Direct Purchase (ODP) Option, if indicated in the Scope of Work Description in Section IV - Technical Specifications and as defined in Section III - General Conditions. 17 IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I certify that this firm does/does not (select only one) fully comply with the above requirements. 5ectionH-1.doc Page 6 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders 18 AWARD OF CONTRACT 18.1 Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. 18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City. 18.4 Award of contract will be made for that combination of base bid and alternate bid items in the best interest of the City, however, unless otherwise specified all work awarded will be awarded to only one Contractor. 19 BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. 19.2 PROTEST PROCEDURE: A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due date of the request for proposals, unless the aggrieved person could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening or the closing date for proposals. Opening dates for bids or due dates for requests for proposal will be printed on the bid/request document itself. B. Protests in respect to award of contract shall be submitted in writing a maximum of five (5) work days after notice of intent to award is posted, or is mailed to each bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders upon telephonic or written request. Protests of recommended award should cite specific portions of the City of Clearwater Code of Ordinances that have allegedly been violated. C. Exceptions to the five (5) day requirements noted in both A and B above may be granted if the aggrieved person could have not been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening, posting of SectionII-l.doc Page 7 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders intent to award, or due date for requests for proposals. Request for exceptions should be made in writing, stating reasons for the exception. D. The Purchasing Manager shall respond to the formal written protest within five (5) work days of receipt. The Purchasing Manager's response will be fully coordinated with the appropriate Department Director and the Assistant City Manager. E. If the protestor is not satisfied with the response from the Purchasing Manager, he/she may then submit in writing within five (5) work days of receipt of that response his/her reason for dissatisfaction, along with copies of his/her original formal protest letter and the response from the Purchasing Manager, to the City Manager. F. The City Manager as Purchasing Agent for the City has the final authority in the matter of protests. The City Manager will respond to the protestor within ten (10) work days of receipt of the appeal. 19.3 PROTEST FEE: When filing a formal protest, the protesting vendor must include a--fee in the amount of 5% of the selected vendor's total bid to offset the City's additional expenses related to the protest. This fee shall not exceed $2,500 nor be less than $50. If either the Purchasing Manager or the City Manager upholds the protest, the City will refund 100% of the fee paid. 19.4 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the Purchasing Manager shall not proceed with the solicitation or award of contract until all administrative remedies have been exhausted or until the City Manager makes written determination that the award of contract without delay is necessary to protect the best interest of the City. 20 TRENCH SAFETY ACT 20.1 The Bidder shall comply with the provisions of the City of Clearwater's Ordinance related to trench digging (Ordinance No. 7918-08) along with the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. 21 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL MANAGEMENT MEASURES 21.1 The Bidder shall comply with the provisions of the Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) stormwater permit and implement stormwater pollution prevention plans (SWPPP's) or stormwater management programs (both using best management practices (BMPs) that effectively reduce or prevent the discharge of pollutants into receiving waters. A. The control of construction-related sediment loadings is critical to maintaining water quality. The implementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment loadings to surface waters. SectionII-I.doc Page 8 of 9 Revised: 7/17/2008 Section II - Instructions to Bidders B. Prior to land disturbance, prepare and implement an approved erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions. NPDES Management Environmental Division Management Practices. References EPA website Measures available at Ci of Clearwater Engineering and EPA websites to help address construction-related Best 5ectionII-Ldoc Page 9 of 9 Revised: 7/17/2008 SECTION III GENERAL CONDITIONS Table of Contents: 1 DEFINITIONS ---------------------- ------------------------------------------------------------------- 1 2 PRELIMINARY MATTERS ............................................................................................5 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ................... ..5 2.2 COPIES OF DOCUMENTS ................................................................................... ..5 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT ....................... ......................................................--_.. . .5 2.4 BEFORE STARTING CONSTRUCTION ............................................................. ..5 2.5 PRECONSTRUCTION CONFERENCE ............................................................... ..6 2.6 PROGRESS MEETINGS ....................................................................................... ..6 3 CONTRACT DOCUMENTS, INTENT ........................................................................ ..7 3.1 INTENT .................................................................................................................. ..7 3.2 REPORTING AND RESOLVING DISCREPANCIES ......................................... ..7 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ................................................................................................... ..8 4.1 AVAILABILITY OF LANDS ................................................................................ ..8 4.2 INVESTIGATIONS AND REPORTS ................................................................... ..8 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ............................ ..8 4.4 REFERENCE POINTS ........................................................................................... ..9 5 BONDS AND INSURANCE ........................................................................................... ..9 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND ...................... ..9 5.2 INSURANCE .......................................................................................................... ..9 5.2.1 WORKER'S COMPENSATIONINSURANCE ........................................... 10 5.2.2 PUBLIC LIABILITYANDPROPERTYDAMAGECOVERAGE .............. 10 5.2.3 COMPREHENSIVE A UTOMOBILE LIABILITY ...................................... 11 5.3 WAIVER OF RIGHTS ........................................................................................... 12 6 CONTRACTORS RESPONSIBILITIES ...................................................................... 12 6.1 SUPERVISION AND SUPERINTENDENCE ...................................................... 12 6.2 LABOR, MATERIALS AND EQUIPMENT ........................................................ 13 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS ....................................................... 14 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS. 14 6.5 USE OF PREMISES ............................................................................................... 15 6.5.1 STAGING AREAS .................................................................................................. 15 6.5.2 RESTORATIONTIME LIMITS .............................................................................. 15 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ............................ 16 6.7 LAWS AND REGULATIONS ............................................................................... 16 6.8 PERMITS ................................................................................................................ 16 6.9 SAFETY AND PROTECTION ........................................................ ..................... 17 SectionIII-l.doc i 10/13/2008 6.10 EMERGENCIES .....................................................................................................18 6.11 DRAWINGS ...........................................................................................................18 611.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL REVIEW .......... 18 611.2 AS-BUILT DRAWINGS ..............................................................................19 6.11.3 CAD STANDARDS .....................................................................................21 611.4 DELIVERABLES: ...................................................................................... 22 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE ....................22 6.13 CONTINUING THE WORK .................................................................................23 6.14 INDEMNIFICATION ............................................................................................. 23 7 8 9 OTHER WORK ...............................................................................................................24 7.1 RELATED WORK AT SITE ..........................:......................................................24 7.2 COORDINATION ..................................................................................................24 OWNERS RESPONSIBILITY .......................................................................................24 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION ...............25 9.1 OWNERS REPRESENTATIVE ............................................................................25 9.2 CLARIFICATIONS AND INTERPRETATIONS .................................................25 9.3 REJECTING OF DEFECTIVE WORK .................................................................25 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS ...........................25 9.5 DECISIONS ON DISPUTES .................................................................................26 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES ...... 26 10 CHANGES IN THE WORK ...........................................................................................27 11 CHANGES IN THE CONTRACT PRICE ....................................................................28 11.1 CHANGES IN THE CONTRACT PRICE .............................................................28 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ................29 11.3 UNIT PRICE WORK .............................................................................................29 12 CHANGES IN THE CONTRACT TIME .....................................................................30 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...............................................................................................31 13.1 TESTS AND INSPECTION ................................................................................... 31 13.2 UNCOVERING THE WORK ................................................................................ 31 13.3 OWNER'S REPRESENTATIVE MAY STOP THE WORK ................................ 32 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK .................................. 32 13.5 WARRANTY/CORRECTION PERIOD ............................................................... 32 13.6 ACCEPTANCE OF DEFECTIVE WORK ............................................................ 33 13.7 OWNER MAY CORRECT DEFECTIVE WORK ................................................ 33 14 PAYMENTS TO CONTRACTOR AND COMPLETION ..........................................34 14.1 APPLICATION FOR PROGRESS PAYMENT ....................................................34 14.2 CONTRACTOR'S WARRANTY OF TITLE ............................... .........................34 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS .........................35 14.4 PARTIAL UTILIZATION ............................................................ .........................35 14.5 FINAL INSPECTION ................................................................... .........................36 14.6 FINAL APPLICATION FOR PAYMENT ................................... .........................36 14.7 FINAL PAYMENT AND ACCEPTANCE ................................... .........................37 SectionIII-I.doc ii 10/13/2008 14.8 WAVER OF CLAIMS ..........................................................................................37 15 SUSPENSION OF WORK AND TERMINATION .................... ,...................... .....37 15.1 OWNER MAY SUSPEND THE WORK .......................................................... .....37 15.2 OWNER MAY TERMINATE .......................................................................... .....38 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ............................... .....39 16 DISPUTE RESOLUTION ......................................................................................... .....39 17 MISCELLANEOUS ................................................................................................... .....40 17.1 SUBMITTAL AND DOCUMENT FORMS ..................................................... .....40 17.2 GIVING NOTICE .............................................................................................. .....40 17.3 NOTICE OF CLAIM ......................................................................................... .....40 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED ......................... .....40 17.5 ASSIGNMENT OF CONTRACT ......................................... ............................ .....40 17.6 RENEWAL OPTION ........................................................................................ .....40 18 ORDER AND LOCATION OF THE WORK .......................................................... .....40 19 MATERIAL USED ..................................................................................................... .....41 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS ................................. .....41 21 OWNER DIRECT PURCHASE (ODP) OPTION ................................................... .....41 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION ...................... .....41 22.1 GENERAL ......................................................................................................... .....41 22.2 EXAMPLE ......................................................................................................... .....42 23 PROJECT INFORMATION SIGNS ........................................................................ .....42 23.1 SCOPE AND PURPOSE ................................................................................... .....42 23.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE ..................................... .....43 23.3 FIXED SIGN ..................................................................................................... .....43 23.4 PORTABLE SIGNS .......................................................................................... .....43 23.5 SIGN COLORING ............................................................................................. .....43 23.6 SIGN PLACEMENT ......................................................................................... .....43 23.7 SIGN MAINTENANCE .................................................................................... .....43 23.8 TYPICAL PROJECT SIGN .............................................................................. .....44 24 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE ...................44 SectlonHI-1.doc iii 10/13/2008 Section III --- General Conditions 1 DEFINITIONS Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the contract documents. Agreement The written contract between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment The form accepted by Engineer which is to be used by Contractor in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Approve The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verify in every detail conformance with the Drawings and Specifications. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). Bonds Performance and payment bonds and other instruments of security. Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. City The City of Clearwater, Pinellas County, Florida. Construction Inspector A person who is the authorized representative of the Construction Manager and inspects City construction projects in order to insure the Contractor's work complies with the intent of the Contract Documents. Construction Manager The person who is typically in responsible charge of City construction projects. The Construction Manager assumes responsibility for the management of construction contracts at the Preconstruction Conference. The Construction Manager chairs the Preconstruction Conference and is the authority on any disputes or decisions regarding contract administration and performance. The Construction Manager typically acts as the Owner's Representative during construction. Sectionlll-l.doc Page 1 of 45 10/13/2008 Section III - General Conditions Construction Coordinator A person who is the authorized representative of the Construction Manager and is responsible for the administration of construction documents. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified in the Agreement, together with all Modifications issued after the execution of the Agreement. Contract Price The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Owner to Contractor for performing the Work. Contract Time The number of days or the date stated in the Agreement for the completion of the Work. Contractor The Person with whom the Owner has entered into the Agreement. For the purposes of this contract, the person, firm or corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative. Critical Path Method Construction Schedule-CPM A graphic format construction schedule that displays construction activities as they relate to one another for the purpose of identifying the most efficient way to perform the work in a timely manner. The critical path identifies which activity is critical to the execution of the schedule. Day A calendar day of twenty-four (24) hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop drawings are not Drawings as so defined. Engineer The duly appointed representative of the City Manager of the City of Clearwater. For the purposes of this contract, the City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized representative. For certain projects, the Engineer may serve as the Owner's Representative during construction. SectionIII-1.doc Page 2 of 45 10/13/2008 Section III - General Conditions Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. F.D.O.T Specifications The Standard Specifications for Road and Bridge Construction as issued by the Florida Department of Transportation (latest English edition). Furnish The words "furnish", "furnish and install", "install", and "provide" or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Specifications. These terms shall not be construed to mean supervision, superintending or overseeing. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Liens Liens, charges, security interests or encumbrances upon real property or personal property. Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. Notice to Proceed (NTP) A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner Person The City of Clearwater, Florida. For the purposes of this contract, the person who is the City's authorized representative from the City's Department with whom will be responsible for the maintenance and operation of the Work once the Work is completed. For certain projects, a designee of the Owner may serve as the Owner's Representative during construction. A natural person or a corporation, partnership, firm, organization, or other artificial entity. Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. Partial Utilization Use by Owner of a substantially completed part of the Work for the purpose for which is intended (or a related purpose) prior to Final Completion of all the Work. 5ectionIII-I.doc Page 3 of 45 10/13/2008 Section III -- General Conditions Representative of Contractor The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is.progressing. The names and positions of these persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. Request for Information (AM) An official written request for clarification of the intent of the contract documents from the Contractor to the Engineer. Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. " Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion The Work (or a specified part thereof) which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by the Engineer's recommendation of final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Supplementary Conditions The part of the Contract which amends or supplements these General Conditions. Supplier A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Underground Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, SectionIII-l.doc Page 4 of 45 10/13/2008 Section III - General Conditions gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 2 PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When Contractor delivers the executed Agreements to the Owner, Contractor shall also deliver to the Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS Engineer shall furnish to Contractor two (2) copies of Contract Documents for execution. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No work shall be done at the site prior to the date that the Contract Time commences to run. 2.4 BEFORE STARTING CONSTRUCTION Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; and shall obtain a written interpretation or clarification from Engineer before proceeding with any work effected thereby; however, Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy SectionIII-I.doc Page 5 of 45 10/13/2008 Section III - General Conditions in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer's Consultant, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Contractor shall not commence any work at any time without approved insurance required by these General Conditions. Failure to obtain this insurance will be the sole responsibility of the Contractor. 2.5 PRECONSTRUCTION CONFERENCE Within twenty (20) days of Award of Contract and before the start of the Work, the Owner's Representative shall schedule a preconstruction conference to be attended by Contractor, Engineer, Owner and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. Typically, oversight of the project officially passes from the Engineering Department to the Construction Department at the preconstruction conference. In these cases, the preconstruction conference is run by the Construction Department and chaired by the City's Construction Manager. The Contractor shall deliver to the Owner at the Preconstruction Conference a color Critical Path Method (CPM) Construction Schedule. This is to be a sequence of events including submittal review and procurement. Notice to Proceed is usually established at this conference and such date can be inserted into the schedule at that time. The Contractor shall also bring a Submittal Schedule for review by the Engineer. This is to make sure that the list is complete and this schedule shall be the basis of a Submittal Log. The Contractor shall deliver to the Owner at the preconstruction conference a completed Emergency Call List and a completed Authorized Signature List. The Owner or the Engineer's Consultant shall deliver to the Contractor at the preconstruction conference a project disk that has all of the necessary data and survey control points for the purpose of construction stakeout and as-built survey. The Owner or the Engineer's Consultant shall deliver to the Contractor at the preconstruction conference a Contractor evaluation package. This is for the purpose of rating the Contractor's performance for reference when considering future contracts and bid prequalification. 2.6 PROGRESS MEETINGS The Contractor is required to attend Progress Meetings. These meetings will be scheduled on a weekly, bi-weekly, or monthly basis depending on the needs of the project. The Contractor shall bring to each meeting an updated submittal log, an updated request for information (RFI) log, a look-ahead schedule to cover the project activity from the current meeting to the next meeting, and all material test reports generated in the same time period. The City's Construction Coordinator typically chairs these meetings. SectionIU-I.doc Page 6 of 45 10/13/2008 Section III - General Conditions 3 CONTRACT DOCUMENTS, INTENT 3.1 INTENT The Contract Documents comprise the entire Agreement between Owner and the Contractor concerning the Work. They may be altered only by written agreement. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment which may reasonably be inferred from the Contract Documents or from prevailing custom or from trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases, which have a well- known technical or construction industry or trade meaning, are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by the Owner's Representative. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the code, Laws or Regulation of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any referenced standard specification, manual or code, whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set forth in the Contract Documents, shall change the duties and responsibilities of Owner, Contractor, Engineer or Owner's Representative, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by the Owner's Representative. Each and every provision of law and clause required by law to be inserted in these Contract documents shall be deemed to be inserted herein, and they shall be read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. 3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Owner's Representative in writing at once, and Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner, or Owner's Representative for failure to report any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should have known thereof. SectionM-Ldoc Page 7 of 45 10/13/2008 Section III - General Conditions 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS The Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. The Owner shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which contractor will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents. 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Contractor shall promptly notify the Owner's Representative in writing of any subsurface or latent physical conditions at the site, or in an existing structure, differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions, which differ materially from those, indicated in the contract Documents, and which could not reasonably have been anticipated by Contractor, a work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in local telephone directory. SectionlIl-l.doc Page 8 of 45 10/13/2008 Section III -- General Conditions 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction, which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Owner and Engineer. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a surveyor licensed in the State of Florida. The Contractor is referred to the Technical Specifications for more specif c information regarding the provision of construction surveys. If a City survey crew is assigned to the project and there is excessive stake replacement caused by negligence of Contractor's forces after initial line and grade have been set, as determined by the Engineer, the Contractor will be charged at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments with a minimum charge of one hour. 5 BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a Performance and Payment Bond in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. This bond shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to Owner. 5.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily SectionIII-l.doc Page 9 of 45 10/13/2008 Section III - General Conditions injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, other than to the Work itself, be of injury to or destruction of tangible property wherever located; including loss of use resulting therefrom; and (vi) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to the Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by the Owner or any other additional insured) which Contractor is required to purchase and maintain in accordance with this paragraph. The policies of insurance so required by this paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary exclusion in respect of professional liability) Owner of Clearwater and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insured, and include coverage for the respective officers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in accordance with Article for Correction of Defective Work; (vi) with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in effect for at least two years after final payment. Contractor shall furnish the Owner and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to the Owner and any such additional insured, of continuation of such insurance at final payment and one year thereafter and (vii) Name and telephone number of the authorized insurance agent for the Insurer. The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by laws and regulations: 5.2.1 WORKER'S COMPENSATION INSURANCE Contract Award Amount Under $1,000,000. Contract Award Amount $1,000,000. and Over (1) Workers' Compensation Statutory Statutory (2) Employer's Liability $500,000. $1,000,000. 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities: SectionM-l.doc Page 10 of 45 10/13/2008 Section III - General Conditions Contract Award Amount Contract Award Amount Under $1,000,000. $1,000,000. and Over (1) Bodily Injury: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (2) Property Damage: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual employment exclusion deleted Aggregate Aggregate 5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY including all owned (private and others), hired and non-owned vehicles: Contract Award Amount Under $1,000,000. Contract Award Amount $1,000,000. and Over (1) Bodily Injury $500,000. Each Person $1,000,000. Each Person $500,000. Each Accident $1,000,000. Each Accident (2) Property Damage $500,000. Each $1,000,000. Each Occurrence Occurrence Receipt and acceptance by Owner of the Contractor's Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages, which may be less than required by these Contract Documents. The Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from Owner. Longshore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932, requires an employer, with employees in maritime employment, to secure the payment of benefits under the Act either by insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. SectioniII-l.doc Page 1 I of 45 10/13/2008 Section III - General Conditions 5.3 WAIVER OF RIGHTS The Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect the Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, the Owner and Contractor waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, the Owner waives all rights against Contractor, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the Owner property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the Owner and; (ii) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the Owner during partial utilization, after substantial completion or after final payment. 6 CONTRACTORS RESPONSIBILITIES 6.1 SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to the Owner's Representative except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications to the superintendent shall be as binding as if given to Contractor. The Contractor's superintendent shall keep a mobile cell phone on his person so he can be contacted whenever necessary. Contractor shall employ only competent persons to do the work and whenever the Owner's Representative shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed SectionIII-l.doc Page 12 of 45 10/13/2008 Section III - General Conditions from the project and shall not again be employed on it except with the written consent of the Owner's Representative. Contractor shall reimburse Owner for additional engineering and inspection costs incurred as a result of overtime work in excess of the regular working hours or on the Owner normally approved holidays. At such times when Inspector overtime is required, the Contractor shall sign an overtime slip documenting such hours and the Contractor shall be provided a copy for his records. At the end of the project and prior to payment of withheld retainage fields, the Contractor shall deliver to the Owner a check made out to the Owner of Clearwater for full reimbursement of all Inspector overtime hours. Withheld retainage shall not be released until the Owner has received this check. Minimum number of chargeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $60.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 6.2 LABOR, MATERIALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner consent given after prior notice to Engineer. Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored, may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. The City of Clearwater, at its sole discretion, reserves the right to purchase major equipment to be incorporated into the WORK under the Owner Direct Purchase (ODP) Option, if indicated in the Contract Documents. In such event, the Contractor shall cooperate and assist the Owner of Clearwater, at no additional cost, to implement the ODP documents and procedures. SectionHI-1.doc Page 13 of 45 10/13/2008 Section III - General Conditions 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the naive of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer for approval. If in the Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or equal" item, it may be considered as a proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefore. Request for review of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to Owner's Representative and will contain all information as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with the Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. SectionIII-I.doc Page 14 of 45 10/13/2008 Section 1111- General Conditions Contractor shall not pay or employ any Subcontractor, Supplier or other person or organization whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. 6.5 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume fall responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.5.1 STAGING AREAS The Contactor shall obtain and deliver to the City written permission for the use of all staging and storage areas outside of the Limits of Construction. 6.5.2 RESTORATION TIME LIMITS The timely restoration of all impacted areas, especially right-of-ways, is very important to the Citizens of Clearwater; therefore these time limits are imposed: • Debris piles shall be removed within five (5) consecutive calendar days. • Concrete driveways and sidewalks shall be replaced within ten (10) consecutive calendar days of removal. Resident access shall be maintained at all times. • All arterial and collector roadways shall be restored ASAP. • Local streets and asphalt driveways shall be restored as soon as a sufficient quantity is generated, however, this is never to exceed fifteen (15) consecutive calendar days. Local and resident access shall be maintained at all times. 5ectionIII-l.doc Page 15 of 45 10/13/2008 Section III - General Conditions • Sod must be restored with ten (10) consecutive calendar days of a successful pipe pressure test. It must be watered for a period of thirty (30) days after it is placed. Erosion control and dust control of denuded areas must be maintained at all times. If the project or a portion of it does not involve right-of ways, then a different schedule of sod restoration may be considered. 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner or Engineer in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of Florida and other governmental agencies, which are applicable during the performance of the work. 6.7 LAWS AND REGULATIONS Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Owner's Representative shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations to the Owner to report and resolve discrepancies as described above. 6.8 PERMITS Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. The Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and the Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. SectionIII-l.doc Page 16 of 45 10/13/2008 Section III --- General Conditions Unless otherwise stated in the Contract Documents, Owner of Clearwater Building Permit Fees will be waived. 6.9 SAFETY AND PROTECTION Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, or during inclement weather, or whenever Owner's Representative may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Owner's Representative, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid services and medical care to his employees. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. The Engineer may order that the work stop if a condition of immediate danger to the Owner's employees, equipment or if property damage exists. This provision shall not shift responsibility or risk of loss for injuries of damage sustained from the Contractor to Owner, and the Contractor shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract performance. The Contractor shall instruct his employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. SectionIH-I.doc Page 17 of 45 10/13/2005 Section III - General Conditions 6.10 EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, with or without special instruction or authorization from Owner or the Owner's Representative, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner's Representative determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action.. 6.11 DRAWINGS 6.11.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL REVIEW Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to : provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, k Contractor shall have determined and verified: (1) all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work and the Contract Documents. Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. The Contractor shall maintain a submittal log as mentioned in Article 2.5. The Engineer and Construction Services Department shall receive updated copies at each progress meeting, and the Engineer shall respond to each submittal within twenty-one (21) consecutive calendar days. The Contractor shall maintain a request for information (RFI) log as mentioned in Article 2.5. The Engineer and Construction Services Department shall receive updated copies at each progress meeting, and the Engineer shall respond to each RFI within twenty-one (21) consecutive calendar days. The untimely submission of Submittal or RFIs shall not be grounds for a delay claim from the Contractor. Engineer's review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer's 5ection]R-Ldoc Page 18 of 45 10/13/2008 Section M - General Conditions review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Engineer's review and approval of Shop Drawings or-Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with the requirements of paragraph above discussing field measurements by the Contractor. 6.11.2 AS-BUILT DRAWINGS The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and annotate neatly and clearly all project conditions, locations, configurations and any other changes or deviations which may vary from the details represented on the original Contract Plans, including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction process. The Contractor shall record the horizontal and vertical locations, in the plan and profile, of all buried utilities that differ from the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which are revealed during the construction period. The As-Built Drawings shall be available for inspection by the Engineer, Engineer's Consultant, and the Owner's Representative at all times during the progress of the Project. The As-Built Drawings shall be reviewed by the Owner's Representative, or his designee, for accuracy and compliance with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-Built Drawings" requirements. As-Built Drawings shall be submitted to the Owner Inspector for approval upon completion of the project and prior to acceptance of final pay request. Final pay request shall not be processed until As-Built Drawings have been reviewed by the Engineer or the Engineer's Consultant for accuracy and completeness. Prior to placing new potable water mains in service, the Contractor shall provide the Engineer intersection drawings, as specified for the water mains. The Owner's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. 6.11.2.1 General The Contractor shall prepare an "AS-BUILT SURVEY" per chapter 61G17-6, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor. The contractor will deliver to the Owner two hard copies of signed and sealed As-Built Drawings and an AutoCAD file. SectionIH-l.doc Page 19 of 45 10/13/2008 Section III - General Conditions 61G17-6.002 Definition: (10)(a) As-Built Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also know as Record Survey. This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida registered land surveyor. The survey must be delivered to the Owner of Clearwater Construction Division upon substantial completion of the project. If this condition is not met, the Owner will procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the Owner with the required As-Built Survey. 6.11.2.2 Sanitary and Storm Sewer Piping Systems 1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. New sanitary service connections and replaced sanitary service connections shall be dimensioned to the nearest downstream manhole. All manholes, cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if one exists. 2. Pipe materials and areas of special construction shall be noted. 6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain) All pipes shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new and replaced service connections for potable and reclaimed water will be located as described above. Additionally there must be survey coordinates no further than 100 feet apart on linear type construction and shall denote top of pipe elevation at those points. 6.11.2.4 Electrical and Control Wiring The as-built drawings shall include all changes to the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit. For projects where this information is too voluminous to be contained on the blueline prints, the Contractor shall prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional conduit runs, 1-line diagrams, ladder diagrams, and other information. The wiring schematic diagrams shall show termination location and wiring identification at each point on the ladder diagram. 6.11.2.5 Horizontal and Vertical Control The As-Built survey shall be based on the original datum used for the construction design plans or if required by the Owner the datum shall be referenced to the North American Datum of 1983/90 (horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical), must be approved by the Owner of Clearwater Engineering Department. SectionIn-Ldoc Page 20 of 45 10/13/2008 Section III - General Conditions 6.11.2.6 Standards The As-Built survey shall meet the Minimum Technical Standards per Chapter 61G 17 and the Clearwater CAD STANDARDS set forth below: In addition to locating all improvements that pertain to the as-built survey it is the requirement of the Owner to have minimum location points at every change in direction and no more than 100 feet apart on all pressure pipes. 6.11.2.7 Other The As-Built drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. 6.11.3 CAD STANDARDS 6.11.3.1 Layer Naming 6.11.3.1.1 Prefixes and Suffixes DI prefix denotes digitized or scanned entities EP prefix denotes existing points - field collected EX prefix denotes existing entities - line work and symbols PR prefix denotes proposed entities - line work and symbols FU prefix denotes future entities (proposed but not part of this contract) - line work and symbols TX suffix denotes text - use for all text, no matter the prefix 6.11.3.1.2 Layer Naming Definitions: GAS gas lines and appurtenances ELEC power lines and appurtenances PHONE telephone lines and appurtenances CABLE cable TV lines and appurtenances BOC curbs WALK sidewalk WATER water lines and appurtenances, sprinklers STORM storm lines and appurtenances TREES trees, bushes, planters SANITARY sanitary lines and appurtenances FENCE all fences BLDG buildings, sheds, finished floor elevation DRIVE driveways EOP edge of pavement without curbs SectlonIH-Ldoc Page 21 of 45 10/13/2008 Section HI -- General Conditions TRAFFIC signal poles, control boxes TOPBANK top of bank TOESLOPE toe of slope TOPBERM top of berm TOEBERM toe of berm SEAWALL seawall CONCSLAB concrete slabs WALL walls, except seawall SHORE shoreline, water elevation CL centerline of road CLD centerline of ditch CLS centerline of swale CORNER property corners, monumentation BENCH benchmark, temporary benchmarks Other layers may be created as required, using above format. 6.11.3.2 Layer Properties All layers will use standard AutoCAD linetypes, bylayer. All layers will use standard AutoCAD colors, bylayer. All text will use standard AutoCAD fonts. 6.11.3.3 Text Styles Text style for EX layers will use the simplex font, oblique angle of 0°, and a text height of .008 times the plot scale. Text style for PR and FU layers will use the simplex font, oblique angle of 22.5°, and a text height of .010 times the plot scale. 6.11.4 DELIVERABLES: The as-built survey shall be produced on vellum or bond material, 24" x 36" at a scale of 1 "=20' unless approved otherwise. The consultant shall deliver all drawing files in digital format. Acceptable file formats include: DWG, DXF of a shape file. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or e-mail address Thomas.Mahony@myclearwater.com. 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism, Sectionlll-l.doc Page 22 of 45 10/13/2008 Section III - General Conditions modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance". Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under normal usage for any portion of the Work, which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Owner's Representative, (ii) recommendation of any progress or final payment by Owner's Representative, (iii) the issuance of a certificate of Substantial Completion or any payment by the Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Owner or Contractor may otherwise agree in writing. 6.14 INDEMNIFICATION Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person. If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on such account of any damage alleged to have been sustained, the Owner shall notify Contractor, who SectionIll-l.doc Page 23 of 45 10/13/2008 Section III - General Conditions shall indemnify and save harmless the Owner against any such claim. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7 OTHER WORK 7.1 RELATED WORK AT SITE The City reserves the right to have its own forces enter the construction site at any time and perform work as necessary in order to perform infrastructure repair or maintenance, whether related to the project or not. The Contractor will allow complete access to all utility owners for these purposes. The City may have its own forces perform new work related to the project, however, this work will be identified in the Contract Scope of Work and coordination will be such that this activity is denoted in the Contractor's CPM Schedule so as not to cause any delays or interference with the Contractor's work or schedule. 7.2 COORDINATION If the Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work. (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, the Owner shall have sole authority and responsibility in respect of such coordination. S OWNERS RESPONSIBILITY Except as otherwise provided in these General Conditions, the Owner shall issue all communications from the Owner to the Contractor through Owner's Representative. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments to Contractor promptly when they are due as provided in these General Conditions. The Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work. The Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. Section.111-l.doc Page 24 of 45 10/13/2008 Section III -- General Conditions In connection with the Owner's right to stop work or suspend work, see the Article on Engineer may Stop the Work. The Article on Suspension of Work and Termination deals with the Owner's right to terminate services of Contractor under certain circumstances. Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. 9 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION 9.1 OWNERS REPRESENTATIVE Dependant of the project type, the Owner's Representative during the construction period will either be the Construction Manager, the Engineer, or a designee of the Project's Owner. The duties, responsibilities and the limitations of authority of Owner's Representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents regarding design issues only, in the form of Submittal responses, RFI responses, Drawings or otherwise, as Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. All other clarifications and interpretations of the Contract Documents shall be issued form the Owner's Representative. Such written clarifications and interpretations will be binding on the Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, Contractor may make a written claim therefore as provided in the Articles for Change of Work and Change of Contract Time. 9.3 REJECTING OF DEFECTIVE WORK The Owner's Representative or the Engineer will have authority to disapprove or reject Work which Owner's Representative or the Engineer believes to be defective, or that Owner's Representative or the Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. The Owner's Representative or the Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop Drawings and Samples. In connection with Owner's Representative authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection SectionIII-l.doc Page 25 of 45 10/13/2008 Section III - General Conditions with Owner's Representative authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. 9.5 DECISIONS ON DISPUTES The Owner's Representative will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred initially to Owner's Representative in writing with a request for a formal decision in accordance with this paragraph, Written notice of each such claim, dispute or other matter will be delivered by the claimant to Owner's Representative and the other party to the Agreement promptly, but in no event later than thirty (30) days, after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Owner's Representative and the other party within sixty (60) days after the start of such occurrence or event unless Owner's Representative allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Owner's Representative and the claimant within thirty (30) days after receipt of the claimant's last submittal, unless Owner's Representative allows additional time. Owner's Representative will render a formal decision in writing within thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Owner Representative's written decision on such claim, dispute or other matter will be final and binding upon the Owner and Contractor unless (i) an appeal from Owner Representative's decision is taken within thirty (30) days of the Owner Representative's decision, or the appeal time which may be stated in a Dispute Resolution Agreement between Owner and Contractor for the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from Owner Representative's written decision is delivered by the Owner or Contractor to the other and to Owner's Representative within thirty (30) days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty (60) days of the date of such decision, unless otherwise agreed in writing by the Owner and Contractor. When functioning as interpreter and judge, Owner's Representative will not show partiality to the Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Owner's Representative with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by the Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES Neither Owner Representative's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Owner's Representative in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by Owner's Representative shall SectionIH-I.doc Page 26 of 45 10113/2008 Section III -- General Conditions create, impose or give rise to any duty owed by Owner's Representative to Contractor, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. Owner's Representative will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. Owner's Representative will not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. Owner's Representative will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. Owner Representative's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. The limitations upon authority and responsibility set forth in this paragraph shall also apply to Owner Representative's CEI, the Engineer's Consultants, and assistants. 10 CHANGES IN THE WORK Without invalidating the Agreement and without notice to any surety, the Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). If the Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in these General Conditions. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. The Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Owner's Representative covering: changes in the work which are (i) ordered by the Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; changes in the Contract Price or Contract Time which are agreed to by the parties; and Sectionlll-l.doc Page 27 of 45 10/13/2008 Section III - General Conditions changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Owner's Representative pursuant to the article for Decisions on Disputes; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11 CHANGES IN THE CONTRACT PRICE 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Owner's Representative or promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after the start of such occurrence or event, unless Owner's Representative allows additional time for claimant to submit additional or more accurate data in support of the claim, and shall be accompanied by claimant's written statement that the claimed adjustment covers all known amounts to which the claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit), (iii) where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. Where the work involved is not covered by unit prices contained in the Contract Documents and where the Owner's Representative, the Owner, the Engineer, the Engineer's Consultant, and Contractor cannot mutually agree on a lump sum price, the City of Clearwater shall pay for directed changes in the WORK, on "COST REIMBURSEMENT" basis. The Contractor shall apply for compensation, detailing Contractors forces, materials, equipment, subcontractors, and other items of direct costs required for the directed work. The application for Cost Reimbursement shall be limited to the following items: 1. Labor, including foremen, for those hours associated with the direct work (actual payroll cost, including wages, fringe benefits, labor insurance and labor taxes SectionIE-l.doc Page 28 of 45 10/13/2008 Section III - General Conditions established by law). Expressly excluded from this item are all costs associated with negotiating the subject change. 2. Materials associated with the change, including sales tax. The costs of materials shall be substantiated through vendors' invoices. 3. Rental or equivalent rental costs of equipment, including necessary transportation costs if specifically used for the WORK. The rental rates shall not exceed the current rental rates prevailing in the locality or as defined in the rental Rate Blue Book for Construction Equipment (a.k.a. DataQuest Blue Book). The rental rate is defined as the full-unadjusted base rental rate for the appropriate item of construction equipment and shall cover the costs of all fuel, supplies, repairs, insurance, and other costs associated with supplying the equipment for work ordered. Contractor-owned equipment will be paid for the duration of time required to complete the work. Utilize lowest cost combination of hourly, daily, weekly, or monthly rates. Do not exceed estimated operating costs given in Blue Book. Operating costs will not be allowed for equipment on stand-by. 4. Additional costs for Bonds, Insurance if required by the City of Clearwater. The following fixed fees shall be added to the costs of the directed work performed by the Contractor or Subcontractor. A. A fixed fee of fifteen percent (15%) shall be added to the costs of Item 1 above. If work is performed by a subcontractor, the Contractor's fee shall not exceed five percent (5%), and the subcontractor's fee shall not exceed ten percent (10%). B. A fixed fee of ten percent (10%) shall be added to the costs of Item 2 above. C. No markup shall be added to the costs of Items 3 and 4. The fixed fees shall be considered the full compensation for all cost of general supervision, overhead, profit, and other general expense. 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner's Representative to reflect actual amounts due Contractor on account of Work covered by allowances and all the Work actually performed by the Contractor, and the Contract Price shall be correspondingly adjusted. 11,3 UNIT PRICE WORK Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to SectionIH-l.doc Page 29 of 45 10/13/2008 Section III - General Conditions the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Owner's Representative. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. The Owner or Contractor may make a claim for an adjustment in the Contract Price if (i) the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or the Owner believes that the Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. On unit price contracts, Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of the project. It is expected that in the normal course of project construction and completion that not all unit quantities will be used in their entirety and that a finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in his original bid. 12 CHANGES IN THE CONTRACT TIME The Contract Time (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Owner's Representative promptly, but in no event later than thirty (30) days, after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence, unless Owner's Representative allows an additional period of time to ascertain more accurate data in support of the claim, and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Owner's Representative. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. All time limits stated in the Contract Documents are of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by the Owner, acts of utility owners or other contractors performing other work as contemplated by the article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. SectionUI-I.doc Page 30 of 45 10/13/2008 Section III - General Conditions Where Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both the Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall the Owner be liable to Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility owners or other contractors performing other work as contemplated by paragraph for Other Work. 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTION Contractor shall give Owner's Representative and Engineer timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The costs for these inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body including all Owner Building Departments and Owner Utility Departments, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner's Representative the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, Owner permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Owner's Representative, it must, if requested by Owner's Representative, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contractor's expense unless Contractor has given Owner's Representative and Engineer timely notice of Contractor's intention to cover the same and Owner's Representative has not acted with reasonable promptness in response to such notice. 13.2 UNCOVERING THE WORK If any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered for Owner Representative's observation and replaced at Contractor's expense. SectionIII-l.doc Page 31 of 45 10/13/2008 Section III - General Conditions If Owner's Representative considers it necessary or advisable that covered Work be observed by Owner's Representative or inspected or tested by others, Contractor, at Owner Representative's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer or Owner's Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the Owner shall be entitled to an appropriate decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstniction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore as provided the article for Change in Contract Price and Change of Contract Time. 13.3 OWNER'S REPRESENTATIVE MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Engineer or Owner's Representative may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner's Representative to stop the Work shall not give rise to any duty on the part of Owner's Representative or Owner to exercise this right for the benefit of Contractor or any surety or other party. If the Owner's Representative stops Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price. 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer or Owner's Representative, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer or Owner's Representative, remove it from the site and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.5 WARRANTY/CORRECTION PERIOD If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by the Owner, remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the Owner may have the defective Work corrected or the rejected. Work removed and replaced, and SectionIll-l.doc Page 32 of 45 10/13/2008 Section III - General Conditions all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous Service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.6 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, the Owner prefers to accept it, the Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to the Owner's evaluation of and determination to accept such defective Work such costs to be approved by Owner's Representative as to reasonableness. If any such acceptance occurs prior to Owner Representative's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in article for Change of Contract Price. If the acceptance occurs after the Owner Representative's recommendation for final payment an appropriate amount will be paid by Contractor to the Owner. 13.7 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice from Owner's Representative to correct defective Work or to remove and replace rejected Work as required by Owner's Representative in accordance with the article for Correction and Removal of Defective Work or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the Owner shall proceed expeditiously. In connection with such corrective and remedial action, the Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's Representatives, agents and employees, the Owner's other contractors, and Owner's Representative, Engineer, and Engineer's Consultants access to the site to enable the Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in the article for Change of SectlonIII-l.doc Page 33 of 45 10/13/2008 Section III - General Conditions Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable to the exercise by the Owner of the Owner's rights and remedies hereunder. 14 PAYMENTS TO CONTRACTOR AND COMPLETION Progress payments on account of Unit Price Work will be based on the number of units completed. 14.1 APPLICATION FOR PROGRESS PAYMENT Contractor shall submit (not more often than once a month) to Owner's Representative for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Owner's Representative and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment not incorporated in the Work. Payment will only be made for that portion of the Work, which is fully installed including all materials, labor and equipment. A retainage of not less than five (5%) of the amount of each Application for Payment for the total of all Work, including as-built survey and Inspector overtime reimbursement, completed to date will be held until final completion and acceptance of the Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. The Contractor shall review with the Engineer or the Construction Inspector all quantities and work for which payment is being applied for and reach agreement prior to submittal of an Official Pay Request. The Engineer or the Construction Inspector will verify that the on-site marked up as-built drawings are up to date with the work and are in compliance with the Contract Documents. In addition to all other payment provisions set out in this contract, the Owner's Representative may require the Contractor to produce for Owner, within fifteen (15) days of the approval of any progress payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required herein shall result in further progress or partial payments being withheld until the report is provided. 14.2 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Owner no later than the time of payment, free and clear of liens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indemnify and save the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at the Owenr's request, furnish satisfactory evidence that all obligations of the SectionIII-I.doc Page 34 of 45 10/13/2008 Section 1111- General Conditions nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then the Owner may, after having served written notice on said Contractor either pay unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of Contractor and any payment so made by the Owner shall be considered as payment made under the Contract by the Owner to Contractor, and the Owner shall not be liable to Contractor for any such payment made in good faith. 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS Owner's Representative will within twenty (20) days after receipt of each Application for payment, either indicate a recommendation of payment and present Application to the Owner, or return the Application to Contractor indicating Owner Representative's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Owner's Representative may refuse to recommend the whole or any part of any payment to Owner. Owner's Representative may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously recommended, to such extent as may be necessary in Owner Representative's opinion to protect the Owner from loss because: (i) the Work is defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii) the Owner has been required to correct defective Work or complete Work, or (iv) Owner's Representative has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Termination. The Owner may refuse to make payment of the full amount recommended by the Owner's Representative because: (i) claims have been made against the Owner on account of Contractor's performance or furnishing of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to the Owner to secure the satisfaction and discharge of such Liens, (iii) there are other items entitling the Owner to a set- off against the amount recommended, or (iv) the Owner has actual knowledge of any of the events described in this paragraph. The Owner shall give Contractor immediate notice of refusal to pay with a copy to the Owner's Representative, stating the reasons for such actions, and Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by the Owner and Contractor, when Contractor corrects to the Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION Use by the Owner at the Owner's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) Owner, Engineer, Owner's Representative, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: SectionIII-l.doc Page 35 of 45 10/13/2008 Section III - General Conditions The Owner at any time may request Contractor in writing to permit the Owner to use any such part of the Work which the Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner, Owner's Representative, and Engineer that such part of the Work is substantially complete and request Owner's Representative to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner, Owner's Representative, and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Owner's Representative to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, Owner's Representative, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner, Owner's Representative, and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.5 FINAL INSPECTION Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with Engineer, Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Owner's Representative will produce a final punch list and assign a date for this work to be completed. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.6 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Owner's Representative and has delivered in accordance with the Contract Documents all maintenance and operating instructions, As-built/Record Drawings, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the paragraph for Bonds and Insurance, certificates of inspection, Inspector overtime reimbursement as required in the Contract Documents and other documents, Contractor may make application for final payment following the procedure for progress payments. 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 paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the Owner) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by the 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 the Owner or the Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to the Owner to indemnify the Owner against any Lien. SectionIII-l.doc Page 36 of 45 10/13/2008 Section III - General Conditions Prior to application for final payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 FINAL PAYMENT AND ACCEPTANCE If through no fault of Contractor, final completion of the Work is significantly delayed and if Owner's Representative so confirms, the Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Owner's Representative, and without terminating 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 the 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 for Bonds and Insurance, 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 Owner's Representative with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that such payment shall not constitute a waiver of claims. If on the basis of Owner Representative's observation of the Work during construction and final inspection, and Owner Representative's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Owner's Representative will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon, Owner's Representative will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return the Application 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. If the Application and accompanying documentation are appropriate as to form and substance, the Owner shall, within twenty (20) days after receipt thereof pay contractor the amount recommended by Owner's Representative. 14.8 WAIVER OF CLAIMS The making and acceptance of final payment will constitute: a waiver of all claims by the Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against the Owner other than those previously made in writing and still unsettled. 15 SUSPENSION OF WORK AND TERMINATION 15.1 OWNER MAY SUSPEND THE WORK At any time and without cause, Owner's Representative may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to Contractor, which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Sectionlll-l.doc Page 37 of 45 10/13/2008 Section III - General Conditions Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefore as provided in the articles for Change of Contract Price and Change of Contract Time. 15.2 OWNER MAY TERMINATE Upon the occurrence of any one or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time); if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Owner's Representative; if Contractor otherwise violates in any substantial way any provisions of the Contract Documents; or if the Work to be done under this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of the Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than as herein specified, or at any time Owner's Representative certifies in writing to the Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. The Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which are stored elsewhere, and finish the Work as the Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to the Owner. Such claims, costs, losses and damages incurred by the Owner will be reviewed by Owner's Representative as to their reasonableness and when so approved by Owner's Representative incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the Owner shall not be required to obtain the lowest price for the Work performed. Where Contractor's services have been so terminated by the Owner, the termination will not affect any rights or remedies of the Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by the Owner will not release Contractor from liability. Upon seven (7) days' written notice to Contractor and Owner's Representative, the Owner may, without cause and without prejudice to any other right or remedy of the Owner, elect to terminate the Agreement. In such case, Contractor shall be paid (without duplication of any items). SectionIII-I.doc Page 38 of 45 10/13/2008 Section III - General Conditions for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Owner's Representative fails to act on any Application for Payment within thirty (30) days after it is submitted or the Owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven (7) days' written notice to the Owner and Owner's Representative, and provided the Owner or Owner's Representative does not remedy such suspension or failure within that time, terminate the Agreement and recover from the Owner payment on the same terms as provided in the article for the Owner May Terminate. However, if the Work is suspended under an order of court through no fault of Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner's Representative has failed to act on an Application for Payment within thirty (30) days after it is submitted, or the Owner has failed for thirty (30) days to pay Contractor any sum finally determined to be due, Contractor may upon seven (7) day's written notice to the Owner and Owner's Representative stop the Work until payment of all such amounts due Contractor. The provisions of this article are not intended to preclude Contractor from making claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16 DISPUTE RESOLUTION If and to the extent that the Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, the Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that nothing herein shall require a dispute to be submitted to binding arbitration. SectionI1I-1.doc Page 39 of 45 10/13/2008 Section III - General Conditions 17 MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders, pay applications, logs, schedules and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Owner's Representative subject to the approval of Owner. 17.2 GIVING NOTICE Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.3 NOTICE OF CLAIM Should the Owner or Contractor suffer injury or damage to person or property because of any error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. 17.5 ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. 17.6 RENEWAL OPTION Annual Contracts issued through the Engineering Department may be renewed for up to two (2) years, upon mutual consent of both the Owner and the ContractorNendor. All terms, conditions and unit prices shall remain constant unless otherwise specified in the contract specifications or in the Invitation to bid. Renewals shall be made at the sole discretion of the Owner, and must be agreed to in writing by both parties. All renewals are contingent upon the availability of funds, and the satisfactory performance of the Contractor as determined by the Construction Department. 18 ORDER AND LOCATION OF THE WORK The City reserves the right to accept and use any portion of the work whenever it is considered to the public interest to do so. The Engineer shall have the power to direct on what line or street the Contractor shall work and order thereof. SectionIII-I.doc Page 40 of 45 10/132008 Section III - General Conditions 19 MATERIAL USED All material incorporated into the final work shall be new material unless otherwise approved by the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all materials. 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS The various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary General Conditions, General Conditions, Supplementary Technical Specifications, Technical Specifications, Drawings. In a series of Modifications or Addenda the latest will govern. 21 OWNER DIRECT PURCHASE (ODP) OPTION The Owner reserves the right, when identified during the bidding process as part of the project's documents, to contract with the Contractor to purchase certain portions of materials identified in the project as a sales tax savings option in compliance with Florida Law since the Owner is exempt from payment of sales tax. The Contract price includes Florida sales and other applicable taxes for materials, supplies, and equipment, which will be a part of the Contractor's work. The Owner, being exempt from sales tax, reserves the right to make direct purchases of various construction materials included in the Contractor's contract. The Owner purchasing of construction materials, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include Owner's Certificate of Exemption number. See SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION for ODP items included in the Contract Documents and the APPENDIX for ODP Documents. 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION 22.1 GENERAL The Contractor shall notify all residents along the construction route or within a 500-foot radius, unless stated otherwise in the Contract Documents, with a printed door hanger notice indicating the following information about the proposed construction work and the Contractor performing the work: City seal or logo; the scheduled date for the start of construction; the type of construction, general sequence and scheduling of construction events; possibility of water service disruption and/or colored water due to construction efforts; Contractor's name, the Superintendent's name, Contractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscaping and/or other private appurtenances which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. Sample door hanger including proposed language shall be approved by the City prior to the start of construction. Notification shall be printed on brightly colored and durable card stock and shall be a minimum of 4-1/4 by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than seven (7) days prior to the start of construction activity. Directly affected by the Contractor's activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start without proper seven (7) day notice period to residents. Contractor is required to maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate message recording equipment to receive citizen inquires after business hours. 5ectionIU-l.doc Page 41 of 45 10/13/2008 Section III - General Conditions Resident notification by the Contractor is a non-specific pay item to be included in the bid items provided in the contract proposal. 22.2 EXAMPLE CITY SEAL Of CITY OF CLEARWATER NOTICE OF CONSTRUCTION TODAY'S DATE: PLEASE EXCUSE US FOR ANY INCONVENIENCE We are the construction contractor performing (state type of contract) for the City of Clearwater in your area. The work will be performed in the public right-of-way adjacent to your property. This notice is placed a minimum of seven (7) days in advance of construction to notify property owners of the pending start of construction. (Brief description of the construction process to be expected by the property owners) The construction process may necessitate the removal of certain items from the right-of-way. Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within a reasonably short period of time. The replacement of driveways and sidewalks will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and coordination to replace driveways and sidewalks which have customized colors, textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or structures within the right-of-way which must be removed due to the construction process will not be replaced. The property owner is responsible to relocate any such items which the property owner wishes to save prior to the start of construction. Vehicles parked on the streets or within, the right-of-way may be required to be placed elsewhere. We are available to answer any questions you may have regarding the construction process or any particular item that must be relocated. Please contact our Construction Superintendent at (727) Construction is anticipated to begin on: We will be more than happy to assist you. Company Name Company Address Contractor Phone Number 23 PROJECT INFORMATION SIGNS 23.1 SCOPE AND PURPOSE The Owner desires to inform the general public on the Owner's use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Contractor is required to prepare and display public project information signs during the full course of the contract period. These signs will be displayed at all location(s) of active work. Payment to Contractor for the preparation, installation and management of project sign(s) shall be included in the cost of the work. The number of and type of signs will be stated in SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION. SectionIII-I.doc Page 42 of 45 10/13/2008 Section III - General Conditions 23.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. The particular wording to be used on the signs will be determined after contract award has been approved. Contractor will be provided the wording to be used on sign at the preconstruction conference. 23.3 FIXED SIGN Fixed sign shall be 4-foot by 6-foot (4'x6') in size and painted on a sheet of exterior grade plywood of the same size and a minimum thickness of 1/2-inches. Sign shall be attached to a minimum of two (2) 4-inch by 4-inch (4"x4") below grade pressure treated (P.T.) wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24-inches above the ground. Alternate mounting systum or attachment to fencing or other fixed structure can be considered for approval. Sign shall be painted white on both sides with exterior rated paint. 23.4 PORTABLE SIGNS Portable sign shall be a minimum of 24-inches by 30-inches (24"x30") in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080- inches or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. 23.5 SIGN COLORING Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. Each sign shall depict the City's sun and waves logo. The color of the sun shall be pantone yellow; the wave shall be process blue; and the text shall be black. 23.6 SIGN PLACEMENT Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner's right-of-way, the signs will be placed on the project site. For projects constructed inside of the Owner's right-of- way, the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. 23.7 SIGN MAINTENANCE The Contractor is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all project signs during the full course of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. SectionIIl-l.doc Page 43 of 45 10/13/2008 Section M - General Conditions 23.8 TYPICAL PROJECT SIGN r PROJECT NAME (CONTRACT NUMBER) (DEPARTMENT NAME) PROJECT 1.. CONTRACTOR: COMPLETION DATE: FUNDING: - OWNER'S REPRESENTATIVE: T Clearwater u 1 ....................._... ? I i - I i 24 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE It will be required that the work will commence not later than five (5) calendar days after the Engineer gives written notice to proceed (NTP), which notice shall be given as outlined in Article 2 of these General Conditions. It is further required that all work within this contract be completed within the indicated number of consecutive calendar days as determined in SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee a, SectlonlII-l.doc Page 44 of 45 10/13/2008 Section III - General Conditions Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Four Hundred Eighty Dollars ($480.00) per each eight-hour (8) day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one (1) year from the date of final acceptance. Sectionlll-l.doc • Page 45 of 45 10/13/2008 SECTION IV TECHNICAL SPECIFICATIONS Table of Contents: 1 SCOPE OF WORK ............................................................................................................1 1.1 SCOPE DESCRIPTION ..........................................................................................1 1.2 SCOPE OF WORK CHECKLIST ......................................................................... ..2 2 FIELD ENGINEERING ...................................................................................................3 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR ...... ..3 2.1.1 GRADES, LINESAND LEVELS ................................................................ ..3 2.1.2 LAYOUT DATA .......................................................................................... ..4 2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY ........................ ..4 3 DEFINITION OF TERMS ................................................................................................4 3.1 REFERENCE STANDARDS ................................................................................ ..4 3.2 ABBREVIATIONS AND SYMBOLS .................................................................. ..4 4 ORDER AND LOCATION OF THE WORK .................................................................6 5 EXCAVATION FOR UNDERGROUND WORK ...........................................................6 6 CONCRETE .......................................................................................................................7 7 EXCAVATION AND FORMS FOR CONCRETE WORK ...........................................7 7.1 EXCAVATION ....................................................................................................... ..7 7.2 FORMS .................................................................................................................. ..7 8 REINFORCEMENT ........................•.................................................................................7 8.1 BASIS OF PAYMENT .......................................................................................... ..8 9 OBSTRUCTIONS ..............................................................................................................8 10 RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT ........................................................................................... ..8 11 WORK IN EASEMENTS OR PARKWAYS ...................................................................9 12 DEWATERING ..................................................................................................................9 12.1 GENERAL ............................................................................................................. ..9 12.2 PERMIT REQUIREMENTS ................................................................................. 10 12.2.1 DEWATERING CONTROL ........................................................................ 10 12.2.2 GENERIC PERMIT FOR THE DISCHARGE OF PRODUCED GROUND WATER FROMANYNON-CONTAMINATED SITEACTIVITY ............... 10 13 SANITARY MANHOLES ............................................................................................... 12 13.1 BUILT UP TYPE ................................................................................................... 12 13.2 PRECAST TYPE ................................................................................................... 13 13.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) ............................. 13 SectionIV-l.doc i 10/13/2008 13.3 DROP MANHOLES ..............................................................................................13 13.4 FRAMES AND COVERS .....................................................................................14 13.5 MANHOLE COATINGS .......................................................................................14 13.6 CONNECTIONS TO MANHOLES ......................................................................14 14 BACKFILL .......................................................................................................................14 15 STREET CROSSINGS, ETC .........................................................................................14 16 RAISING OR LOWERING OF SANITARY SEWER, STORM DRAINAGE STRUCTURES .................................................................................................................15 16.1 BASIS OF PAYMENT .......................................................................................... 15 17 UNSUITABLE MATERIAL REMOVAL ......................................................................15 17.1 BASIS OF MEASUREMENT ................................................................................ 15 17.2 BASIS OF PAYMENT .......................................................................................... 15 18 UNDERDRAINS .............................................................................................................. 15 18.1 BASIS OF MEASUREMENT ............................................................................... 16 18.2 BASIS OF PAYMENT .......................................................................................... 16 19 STORM SEWERS ........................................................................................................... 16 19.1 AS BUILT INFORMATION .................................................................................. 16 19.2 TESTING ............................................................................................................... 16 19.3 BASIS OF PAYMENT .......................................................................................... 17 20 SANITARY SEWERS AND FORCE MAINS ............................................................... 17 20.1 MATERIALS ......................................................................................................... 17 20.1.1 GRAVITYSEWER PIPE ............................................................................. 17 20.1.2 FORCE MAIN PIPE .................................................................................. 17 20.2 INSTALLATION ................................................................................................... 18 20.2.1 GRAW-7YSEWER PIPE ............................................................................. I8 20.2.2 FORCE MAIN PIPE ..................•............................................................... 18 20.3 AS BUILT DRAWINGS ........................................................................................ 18 20.4 TESTING .................. ......................................................................................... 18 20.4.1 TESTING OF GRA VITY SE WERS ............................................................. 18 20.4.2 TESTING OF FORCE MAINS ................................................................... 19 20.5 BASIS OF PAYMENT .......................................................................................... 19 20.5.1 GR.4 VITYSEWER PIPE ............................................................................ 19 20.5.2 FORCE MAIN PIPE .................................................................................. 19 21 DRAINAGE ...................................................................................................................... 19 22 ROADWAY BASE AND SUBGRADE ........................................................................... 19 22.1 BASE ..................................................................................................................... 19 22.1.1 BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE ........ 21 22.1.2 BASIS OF PAYMENT FOR BASE AND REWORKED BASE .................... 21 22.2 SUBGRADE .......................................................................................................... 21 22.2.1 BASIS OF MEASUREMENT ..................................................................... 22 22.2.2 BASIS OF PAYMENT ................................................................................. 22 SectionIV-l.doc ii 10/13/2008 23 ASPHALTIC CONCRETE MATERIALS ....................................................................22 23.1 ASPHALTIC CONCRETE ....................................................................................22 23.1.1 AGGREGATE ............................................................................................. 22 23.1.2 BITUMINOUS MATERIALS ...................................................................... 22 23.2 HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT & QUALITY ASSURANCE ..................................................................................... 22 23.3 ASPHALT MIX DESIGNS AND TYPES ............................................................. 23 23.4 ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS ........................ 23 23.5 GENERAL CONSTRUCTION REQUIREMENTS ............................................. 24 23.6 CRACKS AND POTHOLE PREPARATION ....................................................... 24 23.6.1 CRACKS .................................................................................................... 24 23.6.2 POTHOLES ................................................................................................ 25 23.7 ADJUSTMENT OF MANHOLES ........................................................................ 25 23.8 ADDITIONAL ASPHALT REQUIREMENTS ..................................................... 26 23.9 SUPERPAVE ASPHALTIC CONCRETE ............................................................. 26 23.10 BASIS OF MEASUREMENT ............................................................................... 27 23.11 BASIS OF PAYMENT .......................................................................................... 27 24 ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT ................................... 27 25 GENERAL PLANTING SPECIFICATIONS ............................................................... 27 25.1 IRRIGATION ......................................................................................................... 27 25.1.1 DESCRIPTION .......................................................................................... 27 25.1.2 PRODUCTS .......................................:....................................................... 29 25.1.3 EXECUTION .............................................................................................. 33 25.2 LANDSCAPE ........................................................................................................ 36 25.2.1 GENERAL .................................................................................................. 36 25.2.2 PRODUCTS ............................................................................................... 41 25.2.3 EXECUTION .............................................................................................. 45 26 HDPE DEFORMED - REFORMED PIPE LINING .................................................... 51 26.1 INTENT ................................................................................................................. 51 26.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY ................. 52 26.3 MATERIALS ................................................................................................ ... 52 26.4 CLEANING/SURFACE PREPARATION ............................................................. 53 26.5 TELEVISION INSPECTION ................................................................................ 53 26.6 LINER INSTALLATION ...................................................................................... 53 26.7 LATERAL RECONNECTION .............................................................................. 53 26.8 TIME OF CONSTRUCTION ................................................................................ 54 26.9 PAYMENT ............................................................................................................. 54 27 PLANT MIX DRIVEWAYS ............................................................................................ 54 27.1 BASIS OF MEASUREMENT ............................................................................... 54 27.2 BASIS OF PAYMENT .......................................................................................... 54 28 REPORTING OF TONNAGE OF RECYCLED MATERIALS ................................. 54 29 CONCRETE CURBS ...................................................................................................... 54 29.1 BASIS OF MEASUREMENT ............................................................................... 55 29.2 BASIS OF PAYMENT .......................................................................................... 55 SectionIV-1.doc iii 10/13/2008 43.2.3 SLOPE ........................................................................................................80 43.2.4 BASE CONSTRUCTION .......................................................................... ..81 43.2.5 PERIMETER CURBING ........................................................................... .. 81 43.2.6 SURFACE COURSE ................................................................................ ..81 43.2.7 ROOT BARRIER ...................................................................................... ..81 43.2.8 FENCING ................................................................................................ ..82 43.2.9 WINDSCREENS ....................................................................................... ..82 43.2.10 COURT EQUIPMENT ........................................................................... ..82 43.2.11 SHADE STRUCTURE ............................................................................ ..84 43.2.12 WATER SOURCE (Potable) .......................................................... ... ..84 43.2.13 CONCRETE .........................................•---............................................... ..84 43.2.14 EXISTING SPORT TENNIS COURT LIGHTING .................................. ..84 43.2.15 WATER COOLER ................................................................................... ..85 43.2.16 DEMONSTRATION .................. ............................................................. ..85 43.2.17 WARRANTY ............................................................................................ ..85 44 WORK ZONE TRAFFIC CONTROL ........................................................................ ..86 44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL .. 86 44.2 WORK ZONE TRAFFIC CONTROL PLAN ..................................................... ..86 44.2.1 WORK ZONE SAFETY ............................................................................ .. 86 44.3 ROADWAY CLOSURE GUIDELINES .............................................................. ..87 44.3.1 ALL ROADWAYS ..................................................................................... ..87 44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS .... .. 87 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS ............................................ ..87 44.3.4 MAJOR ARTERIALS ................................................................................ ..87 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN .......................... ..87 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION ........... ..88 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL .................................... ..88 44.7 CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR ... .. 88 45 CURED-IN-PLACE PIPE LINING ............................................................................. ..88 45.1 INTENT ............................................................................................................... ..88 45.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY ............... ..89 45.3 MATERIALS ....................................................................................................... ..89 45.4 CLEANING/SURFACE PREPARATION ........................................................... ..89 45.5 TELEVISION INSPECTION .............................................................................. ..90 45.6 LINER INSTALLATION .................................................................................... ..90 45.7 LATERAL RECONNECTION ............................................................................ ..90 45.8 TIME OF CONSTRUCTION .............................................................................. ..90 45.9 PAYMENT ........................................................................................................... ..90 46 SPECIFICATIONS FOR POLYETHYLENE SLIPLINING .................................... ..91 46.1 MATERIALS ....................................................................................................... ..91 46.1.1 PIPE AND FITTINGS ................................................................................ 91 46.1.2 QUALITYCONTROL ................................................................................91 46.1.3 SAMPLES ..................................................................................................91 46.1.4 REJECTION ...............................................................................................91 46.2 PIPE DIMENSIONS ............................................................................................ ..91 46.3 CONSTRUCTION PRACTICES ........................................................................ ..92 SectionIV-Ldoc vi 10/13/2008 46 3.1 HANDLING OF PIPE .............................................................. 46 3.2 REPAIR OF DAMAGED SECTIONS ....................................... 46.3.3 PIPE JOINING ........................................................................ 46 3.4 HANDLING OF FUSED PIPE ................................................ 46.4 SLIPLINING PROCEDURE ............................................................... 46 4.1 PIPE REQ UIREMENTS AND DIMENSIONS ......................... 464.2 CLEANING AND INSPECTION .............................................. 46 4.3 INSERTIONSHAFT AND EXCAVATIONS ............................. 46 4.4 INSERTION OF THE LINER ................................................... 464.5 CONFIRMATION OF PIPE SIZES ......................................... 464.6 UNDERDRAIN CONNECTIONS IF REQUIRED ................... 464.7 BACKPILLING ........................................................................ 464.8 POINT REPAIR ........................................................................ 46 4.9 CLEAN UP OPERATIONS ...................................................... ...............92 ...............92 ...............92 ...............92 ...............92 ...............92 ...............92 ...............93 ...............93 ...............93 ...............93 ...............94 ...............94 ...............94 47 SPECIFICATIONS FOR POLYVINYL CHLORIDE RIBBED PIPE .......................94 47.1 SCOPE ...................................................................................................................94 47.2 MATERIALS .........................................................................................................94 47.3 PIPE .......................................................................................................................94 47.4 JOINING SYSTEM ...............................................................................................95 47.5 FITTINGS ..............................................................................................................95 48 GUNITE SPECIFICATIONS .........................................................................................95 48.1 PRESSURE INJECTED GROUT .........................................................................95 48.2 REHABILITATION OF CORRUGATED METAL PIPE WITH GUNITE ........ ..95 48.3 COMPOSITION .................................................................................................. ..95 48.4 STRENGTH REQUIREMENTS ......................................................................... ..96 48.5 MATERIALS ....................................................................................................... ..96 48.6 WATER ................................................................................................................ ..96 48.7 REINFORCEMENT ............................................................................................ ..96 48.8 STORAGE OF MATERIALS .............................................................................. ..96 48.9 SURFACE PREPARATION ................................................................................ ..97 48.10 PROPORTIONING .............................................................................................. ..97 48.11 MIXING ............................................................................................................... ..97 48.12 APPLICATION .................................................................................................... ..97 48.13 CONSTRUCTION JOINTS ................................................................................ ..98 48.14 SURFACE FINISH .............................................................................................. ..98 48.15 CURING .............................................................................................. ............ ..98 48.16 ADJACENT SURFACE PROTECTION ............................................................ ..98 48.17 INSPECTION ...................................................................................................... ..99 48.18 EQUIPMENT ...................................................................................................... ..99 49 SANITARY AND STORM MANHOLE LINER RESTORATION .......................... 100 49.1 SCOPE AND INTENT ........................................................................................ 100 49.2 PAYMENT ........................................................................................................... 100 49.3 FIBERGLASS LINER PRODUCTS ................................................................... 100 49.3.1 MATERIALS ............................................................................................. 100 49.3.2 INSTALLATIONAND EXECUTION ....................................................... 101 49.4 STRONG SEAL MS-2 LINER PRODUCT SYSTEM ....................................... 101 SectionIV-I.doc vii 10/13/2008 49.4.1 MATERZALS ............................................................................................. 102 49.5 INFILTRATION CONTROL ...............................................................................102 49.6 GROUTING MIX ................................................................................................102 49.7 LINER MIX .........................................................................................................102 49.8 WATER ................................................................................................................103 49.9 OTHER MATERIALS .........................................................................................103 49.10 EQUIPMENT ......................................................................................................103 49.11 INSTALLATION AND EXECUTION ................................................................ 103 49. 11.1 PREPARATION ....................................................................................... 103 49.11.2 AIIXING .................................................................................................. 104 49.11.3 SPRAYING .............................................................................................. 104 49.11.4 PRODUCT TESTING ............................................................................. 104 49.11.5 CURING ................................................................................................. 104 49.11.6 MANHOLE TESTING AND ACCEPTANCE .......................................... 105 49.12 INNERLINE ENVIRONMENTAL SERVICES LINER PRODUCT SYSTEM 105 49.12.1 SCOPE ................................................................................................... 105 49.12.2 AdATERIALS ........................................................................................... 105 49.12.3 INSTALLATIONAND EXECUTION ...................................................... 107 50 PROJ ECT INFORMATION SIGNS ...........................................................................109 51 IN-LINE SKATING SURFACING SYSTEM ............................................................. 109 51.1 SCOPE ................................................................................................................. 109 51.2 SURFACE PREPARATIONS .............................................................................. 110 51.2.1 ASPHALT ................................................................................................. 110 51.2.2 CONCRETE ............................................................................................. 110 51.2.3 CO UR T PA TCH BWDER A[X ................................................................ 110 51.3 APPLICATION OF ACRYLIC FILLER COAT .................................................. 110 51.4 APPLICATION OF FORTIFIED PLEXIPAVE ................................................... 111 51.5 PLEXIFLOR APPLICATION ............................................................................. 111 51.6 PLAYING LINES ................................................................................................ 111 51.7 GENERAL ........................................................................................................... 111 51.8 LIMITATIONS .................................................................................................... 111 52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION .......................... 112 53 GABIONS AND MATTRESSES .................................................................................. 112 53.1 MATERIAL ......................................................................................................... 112 53.1.1 GABIONAND RENO MATTRESS MATERIAL ....................................... 112 53.1.2 GABIONAND MATTRESS FILLER MATERIAL :................................... 114 53.1.3 MATTRESS WIRE .................................................................................... 115 53.1.4 GEOTEXTILE FABRIC ............................................................................ 115 53.2 PERFORMANCE ................................................................................................ 115 54 LAWN MAINTENANCE SPECIFICATIONS ........................................................... 116 54.1 SCOPE ................................................................................................................. 116 54.2 SCHEDULING OF WORK ................................................................................. 116 54.3 WORK METHODS ............................................................................................. 117 54.3.1 MAINTENANCE SCHEDULING ............................................................ 117 54.3.2 DUTIES PER SERVICE VISIT ................................................................ 117 SectionIV-l.doc viii 10/13/2008 54.4 LITTER ................................................................................................................ 117 54.5 VISUAL CHECK ................................................................................................ 117 54.6 PLANT TRIMMING AND PALM PRUNING ................................................... 117 54.7 PHOENIX SPECIES (CANARY DATE, INDIA DATE, PYGMY DATE, ETC.) ................................................................................................................... 117 54.8 DEBRIS REMOVAL ........................................................................................... 117 54.9 TRAFFIC CONTROL ......................................................................................... 118 54.10 PEDESTRIAN SAFETY ..................................................................................... 118 54.11 PLANT FERTILIZATION ................................................................................... 118 54.12 WEED REMOVAL IN LANDSCAPED AREA .................................................. 118 54.13 MULCH CONDITION ........................................................................................ 118 54.14 IRRIGATION SERVICE AND REPAIR ............................................................. 118 54.15 LAWN AND ORNAMENTAL PEST CONTROL .............................................. 118 54.16 PALM FERTILIZATION ..................................................................................... 118 54.17 FREEZE PROTECTION ..................................................................................... 119 54.18 LEVEL OF SERVICE .......................................................................................... 119 54.19 COMPLETION OF WORK ................................................................................ 119 54.20 INSPECTION AND APPROVAL ....................................................................... 119 54.21 SPECIAL CONDITIONS .................................................................................... 119 55 MILLING OPERATIONS ............................................................................................120 55.1 EQUIPMENT, CONSTRUCTION & MILLED SURFACE ............................... 120 55.2 ADDITIONAL MILLING REQUIREMENTS ................................................... 120 55.3 SALVAGEABLE MATERIALS .......................................................................... 121 55.4 DISPOSABLE MATERIALS .............................................................................. 121 55.5 ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES ........... 121 55.6 ADJUSTMENT OF UTILITY MANHOLES ..................................................... 121 55.7 TYPES OF MILLING ......................................................................................... 121 55.8 MILLING OF INTERSECTIONS ....................................................................... 122 55.9 BASIS OF MEASUREMENT ............................................................................. 122 55.10 BASIS OF PAYMENT ........................................................................................ 122 56 CLEARING AND GRUBBING ....................................................................................122 56.1 BASIS OF MEASUREMENT ................................. ............................................122 56.2 BASIS OF PAYMENT ............................................ ............................................122 57 RIPRAP .............................................................................. ............................................122 57.1 BASIS OF MEASUREMENT ................................. ............................................122 57.2 BASIS OF PAYMENT ............................................ ............................................123 58 TREATMENT PLANT SAFETY ..................................... ............................................123 58.1 HAZARD POTENTIAL .......................................... ............................................123 5 8.2 REQUIRED CONTRACTOR TRAINING ............. ............................................123 59 TRAFFIC SIGNAL EQUIPMENT AND MATERIALS ............................................123 59.1 BASIS OF MEASUREMENT AND PAYMENT .... ............................................124 60 SIGNING AND MARNING .............................................. ............................................124 60.1 BASIS OF MEASUREMENT AND PAYMENT .... ............................................124 SectionIV-l.doc ix 10/13/2008 61 ROADWAY LIGHTING ...............................................................................................124 61.1 BASIS OF MEASUREMENT AND PAYMENT ................................................124 62 TREE PROTECTION ...................................................................................................125 62.1 TREE BARRICADES ......................................................................................... 125 62.2 ROOT PRUNING ................................................................................................ 125 62.3 PROPER TREE PRUNING ................................................................................. 126 63 PROJECT WEB PAGES ............................................................................................... 127 63.1 WEB PAGES DESIGN ........................................................................................ 127 63.2 WEB ACCESSIBILITY GUIDELINES .............................................................. 127 63.3 THE SUN AND WAVES LOGO AND ITS USE ................................................ 127 63.4 MAPS AND GRAPHICS .................................................................................... 128 63.5 INTERACTWE FORMS ..................................................................................... 128 63.6 POSTING ............................................................................................................. 128 63.7 WEB PAGES UPDATES ..................................................................................... 128 SectionIV-I.doc x 10/13/2008 Section N --- Technical Specifications 1 SCOPE OF WORK 1.1 SCOPE DESCRIPTION Project Name: Chautauqua/Coachman Ridge Reclaimed Water Project Project Number: 07-0053-UT Scope of Work: Construction of a reclaimed water system with approximately 63,000 linear feet of 4-inch, 6- inch, 8-inch and 12-inch PVC piping (Certa-Lok or Fusible). HDPE and ductile iron piping will be used only on the locations shown on the Contract Drawings or as instructed by the Owner's Authorized Project Representative. The method of installation is horizontal directional drilling. Open cut may be used only when it is impractical to use horizontal directional boring (e.g. when pipeline must be installed in curves) or as shown on the Contract Drawings. All open cut installations proposed by the Contractor must be specifically approved by the Engineer. The Contractor shall provide 3 Portable project signs as described in SECTION III, ARTICLE 18 of the Contract Documents. The final number of project signs will be determined at the beginning of the project based on the Contractor's schedule of work submitted for approval. Additional project signs may be required above the indicated amount due to the Contractor's schedule of work, which will be provide at no additional cost to the Owner. CONTRACT PERIOD: 405 CONSECUTIVE CALENDAR DAYS SectionrV-l.doc Page 1 of 127 10/13/2008 Section IV - Technical Specifications 1.2 SCOPE OF WORK CHECKLIST Project Name: Chautauqua/Coachman Ridge Reclaimed Water Project Project Number: 07-0053-UT The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: 1 ® _Scope Of Work 2.1 ® Line and Grade Shall Be Performed B The Contractor 2.2 Line and Grade Shall Be Performed B The City 3 ® Defmition Of Terms 4 ® Order And Location Of The Work 5 ® Excavation For Underground Work 6 Concrete 7 Excavation And Forms For Concrete Work 8 ® Reinforcement 9 Obstructions 10 Restoration Or Replacement Of Driveways, Curbs Sidewalks And Street Pavement 11 ® Work In Easements Or Parkways 12 Dewaterin 13 Sanitary Manholes 14 Backfill 15 ® Street Crossings, Etc. 16 ® Raisin Or Lowering Of Sanitary Sewer, Storm Drainage Structures 17 Unsuitable Material Removal 18 ? Underdrains 19 Storm Sewers 20 Sanitary Sewers And Force Mains 21 Drainage 22 ® Roadway Base And Sub grade 23 ® Asphaltic Concrete Materials 24 ? Adjustment To The Unit Bid Price For Asphalt 25 ® General Planting Specifications 26 Hd a Deformed - Reformed Pipe Lining 27 Plant Mix Driveways 28 ? Reporting Of Tonnage Of Recycled Materials 29 ® Concrete Curbs 30 ® Concrete Sidewalks And Driveways 31 Sodding 32 Seeding 33 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures 34 ® Material Used 35 ® Conflict Between Plans And Specifications 36 Street Signs 37 ® Audio/Video Recording Of Work Areas 38 Erosion And Siltation Control 39 Utility Tie In Location Markin SectionIV-l.doc Page 2 of 127 10/13/2008 Section. N - Technical Specifications 40 ® Award Of Contract, Work Schedule And Guarantee 41 Potable Water Mains, Reclaimed Water Mains and Appurtenances 42 ? Gas System Specifications 43 ? Tennis Courts 44 ® Work Zone Traffic Control 45 ? Cured-In-Place Pipe Limn 46 ? Specifications for Polyethylene Sli limn 47 Specifications for Polyvinyl Chloride Ribbed Pipe 48 ? Gunite Specifications 49 ? Sanitary and Storm Manhole Liner Restoration 50 ® Project Information Signs 51 In-Line Skating Surfacing System 52 Resident Notification of Start of Construction 53 Gabions and Mattresses 54 ® Lawn Maintenance Specifications 55 ® Milling Operations 56 ® Clearing and Grubbing 57 Ri ra 58 Treatment Plant Safe 59 ® Traffic Signal Equipment and Materials 60 ® Signing And Markin 61 Roadway Lighting 62 Tree Protection 63 Project Web Pages 2 FIELD ENGINEERING 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR The Contractor shall provide and pay for field engineering service required for the project. Such work shall include survey work to establish lines and levels and to locate and lay out site improvements, structures, and controlling lines and levels required for the construction of the work. Also included are such Engineering services as are specified or required to execute the Contractor's construction methods. Engineers and Surveyors shall be licensed professionals under the laws of the state of Florida. The Contractor shall provide three (3) complete sets of As- built Survey to the Engineer prior to final payment being made as outlined in Section III (General Conditions), Article 6.11.2 of these Contract Documents. 2.1.1 GRADES, LINES AND LEVELS Existing basic horizontal and vertical control points for the project are those designated on the Drawings or provided by the City. Control points (for alignment only) shall be established by the Engineer. The Contractor shall locate and protect control points prior to starting site work and shall preserve all permanent reference points during construction. In working near any permanent property comers or reference markers, the Contractor shall use care not to remove or disturb any such markets. In the event that markers must be removed or are disturbed due to the SectionIV-l.doc Page 3 of 127 10/13/2008 Section N - Technical Specifications proximity of construction work, the Contractor shall have them referenced and reset by a Land Surveyor qualified under the laws of the state of Florida. 2.1.2 LAYOUT DATA The Contractor shall layout the work at the location and to the lines and grades shown on the Drawings. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the project. 2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY At the completion of all work the contractor shall be responsible to have furnished to the project inspector a replacement of the wooden lath and stakes used in the construction of this project. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the City Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments. Minimum charge is $100.00. The City will generate the project Record construction drawings. 3 DEFINITION OF TERMS For the purpose of these Technical Specifications, the definition of terms from SECTION III, ARTICLE 1 _ DEFINITIONS of these Contract Documents shall annly. For the purpose of the Estimated Quantities, the Contractor's attention is called to the fact that the estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of calculation upon which the award of the contract is to be made. The City does not assume any responsibility that the final quantities will remain in strict accordance with estimated quantities nor shall the contractor plead misunderstandings or deception because of such estimate of quantities or of the character or location of the work or of other conditions or situations pertaining thereto. 3.1 REFERENCE STANDARDS Reference to the standards of any technical society, organization, or associate, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative standard adopted and published at the date of receipt of bids, unless specifically stated otherwise. 3.2 ABBREVIATIONS AND SYMBOLS Abbreviations used in the Contract Documents are defined as follows: AA Aluminum Association, Inc. AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISI American Iron and Steel Institute AMA Acoustical Materials Association AMCA Air Moving and Conditioning Association, Inc. ANSI American National Standards Institute SectionlV-1.doc Page 4 of 127 10/13/2008 Section IV - Technical Specifications APA American Plywood Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigerating and Air Conditioning ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineering ASTM American Society for Testing and Materials AWG American Wire Gauge AWMA Aluminum Window Manufacturer's Association AWS American Welding Society AWWA American Water Works Association CFR Code of Federal Regulations CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standards and National Bureau of Standards DEP Department of Environmental Protection (Florida) DOT Department of Transportation (Florida) EPA Environmental Protection Agency FAC Florida Administrative Code FBC Florida Building Code FFPC Florida Fire Prevention Code FGC Florida Gas Code FMC Florida Mechanical Code FPC Florida Plumbing Code FedSpec Federal Specifications HI Standards of Hydraulic Institute IBBM Iron Body, Bronzed Mounted IEEE Institute of Electrical and Electronics Engineers IPS Iron Pipe Size MIL Military Specification NAAMM National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NPT National Pipe Thread NWMA National Woodwork Manufacturers' Association PCA Portland Cement Association PCI Prestressed Concrete Institute SBC Standard Building Code (SBCCI) SBCCI Southern Building Code Congress International, Inc. SDI Steel Door Institute SFPC Standard Fire Prevention Code (SBCCI) SGC Standard Gas Code (SBCCI) SJI Steel Joist Institute SMACCNA Sheet Metal and Air Conditioning Contractors' National Association SectionlV-l.doc Page 5 of 127 10/13/2008 Section N - Technical Specifications SMC Standard Mechanical Code (SBCCI) SPC Standard Plumbing Code (SBCCI) SPIB Southern Pine Inspection Bureau SSPC Steel Structures Painting Council TCA Title Council of America UL Underwriters' Laboratories 4 ORDER AND LOCATION OF THE WORK This article deleted. See SECTION III, ARTICLE 18 - ORDER AND LOCATION OF THE WORK. 5 EXCAVATION FOR UNDERGROUND WORK The contractor is responsible to take all necessary steps to conduct all excavation in a manner which provides for the successful completion of the proposed work while at all times maintaining the safety of the workmen, the general public and both public and private property. The contractor's methods of work will be consistent with the standard practices and requirements of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in these plans and specifications, the methods of safety control and compliance with regulatory agency safety requirements are the full and complete responsibility of the contractor. For the purposes of the Contractor's safety planning in the bidding process, the contractor is to consider all excavation to be done in the performance of this contract to be in soil classified as OSHA "Type C". The Contractor's attention is called to specific requirements of OSHA for excavation shoring, employee entry, location of excavated material adjacent to excavation, the removal of water from the excavation, surface encumbrances and in particular the requirement of a "Competent Person" to control safety operations. The Contractor will identify his Competent Person to City staff at the start of construction. City staff are required from time to time to perform inspections, tests, survey location work, or other similar activity in an excavation prepared by the contractor. City staff in conformance with the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must either provide the necessary safety requirements or provide alternate means for the accomplishment of the City's work at the Contractor's expense. The restoration quantities, if any, contained in the bid proposal for this contract to not contain sufficient quantities to allow the contractor to perform excavation work using strictly the "open cut" method whereby no shoring systems are used and trench side slopes are cut to conform to OSHA safety requirements without a shoring system. In addition to safety reasons, the Contractor is required to use excavation and trench-shoring methods in compliance with all safety requirements which allow the Contractor to control the amount of restoration work necessary to complete the project. Not more than one hundred (100) feet of trench shall be opened at one time in advance of the completed work unless written permission is received from the Engineer for the distance specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid SectlonIV-1.doc Page 6 of 127 10/13/2008 Section N - Technical Specifications in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to allow the body of the pipe to rest throughout its length. In case a trench is excavated at any place, excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling and compaction to grade shall be done in such manner as the Engineer shall direct, without compensation. 6 CONCRETE Unless otherwise directed, all concrete work shall be performed in accordance with the latest editions of the Design and Control of Concrete Mixtures by the Portland Cement Association, the American Concrete Institute, and FDOT's Standard Specifications. All appropriate testing shall be performed according to the American Society of Testing Materials. Unless otherwise specified, all concrete shall have fiber mesh reinforcing and have a minimum compressive strength of 3000 p.s.i. at 28 days. The cement type shall be Type I and shall conform to AASHTO M-85. The aggregate shall conform to ASTM C-33. All ready mix concrete shall conform to ASTM C-94. The slump for all concrete shall be in the range of 3" to 5", except when admixtures or special placement considerations are required. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all concrete placement. All concrete shall be tested in the following manner: Placement of less than 5 cubic yards (cy) shall be tested at the Engineer's discretion. Otherwise, for each class, for each day, for every 50 cy or part thereof exceeding 5 cy, one set of 3 compressive strength cylinders will be required (1 at 7 days and 2 at 28 days). At the discretion of the Engineer, unacceptable test results may require the Contractor to provide further tests, as determined by the Engineer, to determine product acceptability, or need for removal, and compensation or denial thereof. 7 EXCAVATION AND FORMS FOR CONCRETE WORK 7.1 EXCAVATION Excavating for concrete work shall be made to the required depth of the subgrade or base upon which the concrete is to be placed. The base or subgrade shall be thoroughly compacted to a point 6" outside said concrete work before the forms are placed. Concrete shall be poured "in the dry •• 7.2 FORMS Forms for concrete work shall be either wood or metal (except curbs, metal only, unless by written permission from Engineer). They shall be free from warps or bends, shall have a depth equal to the dimensions required for the depth of the concrete deposited against them and shall be of sufficient strength when staked to resist the pressure of concrete without moving or springing. 8 REINFORCEMENT When required, reinforcement shall be placed in the concrete work. Bar reinforcement shall be deformed: ASTMA-A 615, steel shall be billet Intermediate or Hard Grade: Rail Steel A.A.S.H.T.O. M42. Twisted Bars shall not be used, Fabric Reinforcement shall conform to the SectionlV-Ldoc Page 7 of 127 10/13/2008 Section N - Technical Specifications requirements of AASHTO M55 (ASTM A185). Welded deformed steel wire fabric for Concrete reinforcement shall meet the requirements of AASHTO M 221 (ASTM A497). Epoxy coated reinforcing Steel Bars shall meet ASTM 775/A77 M-86 requirements. 8.1 BASIS OF PAYMENT Reinforcement shall not be paid for separately. The cost of such work shall be included in the contract unit price for the item of work specified. 9 OBSTRUCTIONS Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be carefully protected from injury or displacement. Any damage thereto shall be fully, promptly, and properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof. Should it become necessary to change the position of water or gas or other pipes, sewer drains, or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made. Failure of the plans to show the location, nature or extent of any existing structures or obstructions shall not be the basis of a claim for extra work. Any survey monument or benchmark which must be disturbed shall be carefully referenced before removal, and unless otherwise provided for, shall be replaced upon completion of the work by a registered land surveyor. Any concrete removed due to construction requirements shall be removed to the nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means. 10 RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT Driveways, sidewalks, and curbs destroyed or damaged during construction shall be replaced and shall be the same type of material as destroyed or damaged, or to existing City Standards, whichever provides the stronger repair. All street pavement destroyed or damaged shall be replaced with the same type of material, to existing City Standards, unless the existing base is unsuitable as determined by the Engineer, then the base shall be replaced with City approved material. All replaced base shall be a minimum 8" compacted thickness, or same thickness as base destroyed plus 2", if over 6", and compacted to 98% of maximum density per AASHTO T- 180. Unless called for in the proposal as separate bid items, cost of the above work including labor, materials and equipment required shall be included in the bid price per lineal foot of main or square yard of base. The bid price for street pavement, restoration or replacement when called for in the proposals, shall include all materials, labor and equipment required to complete the work, and shall be paid for on a square yard basis. When replacement is over a trench for utilities, the area of replacement shall be limited to twice the depth of the cut plus twice the inside diameter of the pipe. All over this will be at the Contractor's expense. The bid price for restoration or placement of driveways, curbs and sidewalks, when called for in the proposals, shall include all materials, labor and equipment required to complete the work and shall be paid for on the basis of the following units: Driveways, plant mix - per square yard: concrete - per square foot; curbs - per lineal foot; sidewalk 4" or 6" thick - per square foot. SectionIV-l.doc Page 8 of 127 10/13/2008 Section N - Technical Specifications Concrete walks at drives shall be a minimum of 6" thick and be reinforced with 6/6 X 10/10 welded wire mesh (also see Articles 8 and 30). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all driveway, curb, sidewalk and street restoration and replacement work. 11 WORK IN EASEMENTS OR PARKWAYS Restoration is an important phase of construction, particularly to residents affected by the construction progress. The Contractor will be expected to complete restoration Activities within a reasonable time following primary construction activity. Failure by the Contractor to accomplish restoration within a reasonable time shall be justification for a temporary stop on primary construction activity or a delay in approval of partial payment requests. Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery removed or disturbed during construction. No separate payment shall be made for this work. The contractor shall make provision and be responsible for the supply of all water, if needed, on any and all phases of the contract work. The contractor shall not obtain water from local residents or businesses except as the contractor shall obtain written permission. Reuse water is available for the Contractor's use without charge from the City's wastewater treatment plants, provided the water is used on City of Clearwater contractual work. Details for Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre- construction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 12 DEWATERING 12.1 GENERAL Unless specifically authorized by the Engineer, all pipe, except subdrains, shall be laid "in the dry". The contractor shall dewater trench excavation as required for the proper execution of the work, using one or more of the following approved methods: well point system, trenched gravity underdrain system, or sumps with pumps. Well point systems must be efficient enough to lower the water level in advance of the excavation and maintain it continuously in order that the trench bottom and sides shall remain firm and reasonably dry. The well points shall be designed especially for this type of service, and the pumping unit used shall be capable of maintaining a high vacuum, and at the same time, of handling large volumes of air as well as of water. The Contractor shall be responsible for disposing of all water resulting from trench dewatering operations, and shall dispose of the water without damage or undue inconvenience to the work, the surrounding area, or the general public. He shall not dam, divert, or cause water to flow in excess in existing gutters, pavements or other structures: and to do this he may be required to conduct the water to a suitable place of discharge may be determined by the Engineer. The cost of dewatering shall be included in the unit price bid per lineal foot of pipe, or, in the case of other underground structures, in the cost of such structures. SectionIV-l.doc Page 9 of 127 10/13/2008 Section IV - Technical Specifications 12.2 PERMIT REQUIREMENTS 12.2.1 DEWATERING CONTROL The City of Clearwater will hold the Contractor responsible for obtaining a Generic Permit for the Discharge of Produced Groundwater from Any Non-Contaminated Site Activity prior to dewatering or discharging into the City's streets, storm sewers or waterways. Prior to discharging produced groundwater from any construction site, the contractor must collect samples and analyze the groundwater, which must meet acceptable discharge limits. The following document has been incorporated into this section for reference... 12.2.2 GENERIC PERMIT FOR THE DISCHARGE OF PRODUCED GROUND WATER FROM ANY NON-CONTAMINATED SITE ACTIVITY City Notification Procedure - Contractor must provide the City of Clearwater Environmental Department with the following information prior to beginning dewatering activities: 1) A copy of all groundwater laboratory results 2) A copy of the FDEP Notification Failure to follow the above procedure will result in a Violation and a Stop Work Order will be placed on the project. Depending on the severity of the Violation, the City's Engineering Department may be required to notify the Department of Environmental Protection for enforcement action. The following procedure will be followed: 1 st occurrence - Stop Work Order 2nd occurrence - Notification to FDEP It is recommended that the Contractor call or meet with the City Environmental staff if you have any questions. You may contact the City at 562-4750 for direction or further assistance. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GENERIC PERMITOR THE DISCHARGE OF PRODUCED GROUND WATER FROM ANY NON-CONTAMINATED SITE ACTIVITY The facility is authorized to discharge produced ground water from any non-contaminated site activity which discharges by a point source to surface waters of the State, as defined in Chapter 62- 620, F.A.C., only if the reported values for the parameters listed in Table 1 do not exceed any of the listed screening values. Before discharge of produced ground water can occur from such sites, analytical tests on samples of the proposed untreated discharge water shall be performed to determine if contamination exists. Minimum reporting requirements for all produced ground water dischargers. The effluent shall be sampled before the commencement of discharge, again within thirty (30) days after commencement of discharge, and then once every six (6) months for the life of the project to maintain continued coverage under this generic permit. Samples taken in compliance with the provisions of this permit SectionIV-I.doc Page 10 of 127 10/13/2008 Section N - Technical Specifications shall be taken prior to actual discharge or mixing with the receiving waters. The effluent shall be sampled for the parameters listed in Table 1. TABLE 1 Screening Values for Discharges into: Parameter Fresh Waters Coastal Waters Total Organic Carbon (TOC) 10.0 mg/1 10.0 mg/1 PH, standard units 6.0-8.5 6.5-8.5 Total Recoverable Mercury - by Method 1631 E 0.012 µg/1 0.025 µg/1 Total Recoverable Cadmium 9.3 µg/1 9.3 µg/1 Total Recoverable Copper 2.9 µg/1 2.9 µg/1 Total Recoverable Lead 0.03 mg/1 5.6 µg/1 Total Recoverable Zinc 86.0 µg/1 86.0 µg/l Total Recoverable Chromium (Hex.) 11.0 µg/1 50.0 pg/l Benzene 1.0 µg/1 1.0 µg/1 Naphthalene 100.0 µg/1 100.0 µg/1 If any of the analytical test results exceed the screening values listed in Table 1, except TOC, the discharge is not authorized by this permit orb the Ci o Clearwater. (a) For initial TOC values that exceed the screening values listed in Table 1, which may be caused by naturally occurring, high molecular weight organic compounds, the permittee may request to be exempted from the TOC requirement. To request this exemption, the permittee shall submit additional information with a Notice of Intent (NOI), described below, which describes the method used to determine that these compounds are naturally occurring. The Department shall grant the exemption if the permittee affirmatively demonstrates that the TOC values are caused by naturally occurring, high molecular weight organic compounds. (b) The NOI shall be submitted to the appropriate Department district office thirty (30) days prior to discharge, and contain the following information: 1. the name and address of the person that the permit coverage will be issued to; 2. the name and address of the facility, including county location; 3. any applicable individual wastewater permit number(s); 4. a map showing the facility and discharge location (including latitude and longitude); SectionIV-l.doc Page 11 of 127 10/13/2008 Section N - Technical Specifications 5. the name of the receiving water; and 6. the additional information required by paragraph (3)(a) of this permit. (c) Discharge shall not commence until notification of coverage is received from the Department. For fresh waters and coastal waters, the pH of the effluent shall not be lowered to less than 6.0 units for fresh waters, or less than 6.5 units for coastal waters, or raised above 8.5 units, unless the permittee submits natural background data confirming a natural background pH outside of this range. If natural background of the receiving water is determined to be less than 6.0 units for fresh waters, or less than 6.5 units in coastal waters, the pH shall not vary below natural background or vary more than one (1) unit above natural background for fresh and coastal waters. If natural background of the receiving water is determined to be higher than 8.5 units, the pH shall not vary above natural background or vary more than one (1) unit below natural background of fresh and coastal waters. The permittee shall include the natural background pH of the receiving waters with the results of the analyses required under paragraph (2) of this permit. For purposes of this section only, fresh waters are those having a chloride concentration of less than 1500 mg/l, and coastal waters are those having a chloride concentration equal to or greater than 1500 mg/l. In accordance with Rule 62-302.500(1)(a-c), F.A.C., the discharge shall at all times be free from floating solids, visible foam, turbidity, or visible oil in such amounts as to form nuisances on surface waters. If contamination exists, as indicated by the results of the analytical tests required by paragraph (2), the discharge cannot be covered by this Generic Permit. The facility shall apply for an individual wastewater permit at least ninety (90) days prior to the date discharge to surface waters of the State is expected, or, if applicable, the facility may seek coverage under any other applicable Department generic permit. No discharge is permissible without an effective permit. If the analytical tests required by paragraph (2) reveal that no contamination exists from any source, the facility can begin discharge immediately and is covered by this permit without having to submit an NOI request for coverage to the Department. A short summary of the proposed activity and copy of the analytical tests shall be sent to the applicable Department district office within one (1) week after discharge begins. These analytical tests shall be kept on site during discharge and made available to the Department if requested. Additionally, no Discharge Monitoring Report forms are required to be submitted to the Department. All of the general conditions listed in Rule 62-621.250, F.A.C., are applicable to this Generic Permit. There are no annual fees associated with the use of this Generic Permit. 13 SANITARY MANHOLES 13.1 BUILT UP TYPE Manholes shall be constructed of brick with cast iron frames and covers as shown on the drawings. Invert channels shall be constructed smooth and semicircular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be formed by one of the following methods: form directly into concrete manhole base, build up with brick and mortar, lay half tile in concrete, or lay full section of sewer pipe through manhole and break out top half of pipe. SectionlV-Ldoc Page 12 of 127 10/13/2008 Section IV - Technical Specifications The manhole floor outside of channels shall be made smooth and sloped toward channels. Free drop in manholes from inlet pipe invert to top of floor outside the channels shall not exceed twenty four inches. Standard Drop Manholes shall be constructed wherever free drop exceeds twenty four inches. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick used may be solid only. Brick shall be laid radially with every sixth course being a stretcher course. 13.2 PRECAST TYPE Precast Sanitary Manholes shall conform to this specification unless otherwise approved by the City Engineer. AASHTO M 85 Type II cement shall be used throughout with a minimum wall thickness of 5 inches. The precast sections shall conform to ASTM C 478 latest revision. Section joints shall be a tongue and groove with "ram neck" gasket or "O" ring to provide a watertight joint. Minimum concrete strength shall be 4000 psi at 28 days. Three sets of shop drawings and location inventory shall be submitted to the City Engineer for approval. Approval of shop drawings does not relieve contractor of responsibility for compliance to these specifications unless letter from contractor requesting specific variance is approved by the City Engineer. Location inventory submitted with shop drawing shall detail parts of manhole per manhole as numbered on the construction plans. All manhole parts shall be numbered or lettered before being sent to the job site to permit proper construction placement. A plan or list of the numbering system shall be present on the job site when manhole components are delivered. Precast manhole dimensions, drop entry, grout flow of channel, etc., shall be as shown on City of Clearwater Engineering Detail #302 Sheet 2 of 3. Manhole sections shall be rejected if abused during shipping or placement and if pipe openings are not properly aligned. The "break in" to precast manholes for pipe entry will not be allowed. The manhole base shall be set on a pad of A l or A 2 Classification soil approximately five (5) inches thick to secure proper seating and bearing. 13.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) Between the top of the manhole cone and the manhole cover frame, a manhole adjustment ring shall be installed. The intent of the manhole adjustment ring is to accommodate future grade changes without disturbing the manhole. See Section N, Article 23.7 - Asphaltic Concrete - Adjustment of Manholes. 13.3 DROP MANHOLES Standard drop inlets to manholes shall be constructed of commercial pipe, fittings and specials as detailed on the drawings. SectionIV-I.doc Page 13 of 127 10/13/2008 Section IV - Technical Specifications 13.4 FRAMES AND COVERS Manhole frames and covers shall be set in a full bed of mortar with the top of the cover flush with or higher than finished grade as directed. Refer to Detail 301. 13.5 MANHOLE COATINGS The exterior and interior of all built up manholes shall be coated with two (2) coats of Type II Asphalt emulsion, moisture and damp proof (Specification ASTM D 1227 Type II Class I) as manufactured by W.R. Meadows Sealtite or approved equal. Interior of built up manholes which have sewers entering with a free drop or which receive discharge from a force main shall have the inside plastered with 1/2-inch of grout and coated as precast manholes below. The exterior and interior of all precast manholes shall be coated with at least 15 mils dry thickness of Type II Asphalt emulsion, moisture and damp proof (Specification ASTM D 1227 Type II Class I) as manufactured by W.R. Meadows Sealtite. 13.6 CONNECTIONS TO MANHOLES Connections to existing sanitary manholes using approved PVC sewer main shall be made with a manhole adapter coupling by Flo Control, Inc., or approved water stop coupling. 14 BACKFILL Material for backfill shall be carefully selected from the excavated material or from other sources as may be required by the Engineer. Such material shall be granular, free from organic matter or debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all fill shall be similar material. Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means. Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98% compaction as determined by the modified Proctor Density Test to the bottom of pavement. Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a minimum of 95% compaction of AASHTO T 180 Standard Density Test. The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the case of other underground structures, in the cost of such structure. 15 STREET CROSSINGS ETC. At such crossings, and other points as may be directed by the Engineer, the trenches shall be bridged in an open and secure manner, so as to prevent any serious interruption of travel upon the roadway or sidewalk, and also to afford necessary access to public or private premises. The material used, and the mode of constructing said bridges, and the approaches, thereto, must be satisfactory to the Engineer. The cost of all such work must be included in the cost of the trench excavation. SectionIV-l.doc Page 14 of 127 10/13/2008 Section IV - Technical Specifications 16 RAISING OR LOWERING OF SANITARY SEWER STORM DRAINAGE STRUCTURES Sanitary Sewer or Storm Drainage Structures shall be raised or lowered as indicated on the plans or as indicated by the Engineer. 16.1 BASIS OF PAYMENT Payment, unless covered by a bid item, shall be included in the cost of the work. 17 UNSUITABLE MATERIAL REMOVAL All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the site. All material removed is property of the Contractor, who shall dispose of said material off- site at his expense. The limits of the excavation shall either be shown on the plans, or determined in the field by the Engineer in conjunction with the City's Materials Tester. 17.1 BASIS OF MEASUREMENT The basis of measurement shall be the amount of cubic yards of unsuitable material excavated and replaced with suitable material as determined by either cross sections of the excavation, truck measure, or lump sum as specified in the Scope of Work and Contract Proposal. 17.2 BASIS OF PAYMENT The unit price for the removal of unsuitable material shall include: all materials, equipment, tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and incidentals necessary to complete the work. If no pay item is given, the removal of unsuitable material shall be included in the most appropriate bid item. 18 UNDERDRAINS The Contractor shall construct sub-surface drainage pipe as directed in the Contract Scope of Work and detail drawings contained in the Project construction plans. In general, underdrain pipe shall be embedded in a bed of #6 FDOT crushed aggregate, located behind the back of curb and aggregate surface covered with a non-degradable fibrous type filter material. A #57 aggregate may be used in lieu of #6 if it is washed and screened to remove fines. The aggregate may be stone, slag or crushed gravel. Unless otherwise noted on the plans, underdrain pipe shall be 8" diameter, polyvinyl chloride pipe, in conformance with ASTM F-758 "Standard Specification For Smooth Wall PVC Underdrain Systems for Highways" latest revision, minimum stiffness of 46 in conformance with ASTM D2412, perforations in conformance with AASHTO M-189 described in FDOT Section 948-4.5 or latest revision and in conformance with ASTM D3034 - SDR 35. Alternate acceptable underdrain pipe material is Contech A-2000 which is a rigid PVC pipe exceeds ASTM Specifications D1784, minimum cell classification of 12454B or 12454C, manufactured per ASTM F949-93a, minimum pipe stiffness of 50 psi, with no evidence of splitting, cracking or breaking when pipe is tested in accordance with ASTM D2412 at 60% flatting and with a double gasket joint. Underdrain pipe placed beneath existing driveways and roadways shall be non-perforated pipe with compacted backfill. All poly-chloride pipe which has become deteriorated due to exposure SectionN-l.doc Page 15 of 127 10/13/2008 Section IV - Technical Specifications to ultra violet radiation shall be rejected. Where ductile iron pipe is specified, pipe material shall be the same as specified for potable water pipe in these technical specifications. All underdrain aggregate shall be fully encased in a polyester filter fabric "sock" (Mirafi 140-N or approved equal) per the construction detail drawings. 18.1 BASIS OF MEASUREMENT Measurement shall be the number of lineal feet of 8" Sub-drain in place and accepted. 18.2 BASIS OF PAYMENT Payment shall be based upon the unit price per lineal foot for underdrain as measured above, which shall be full compensation for all work described in this section of the specifications and shall include all materials, equipment, and labor necessary to construct the underdrain (specifically underdrain pipe, aggregate and filter fabric). Underdrain clean-outs, sod, driveway, road and sidewalk restoration shall be paid by a separate bid item. 19 STORM SEWERS All storm drain pipe installed within the City of Clearwater shall be reinforced concrete unless otherwise specified or approved by the City Engineer. Said pipe shall comply with Section 941 of the current FDOT Specifications. All reinforced concrete pipe joints shall be wrapped with Mirafi 140N filter fabric or equivalent (as approved by the City Engineer). The cost for all pipe joint wraps shall be included in the unit price for the pipe. All pipe, just before being lowered into a trench, is to be inspected and cleaned. If any difficulty is found in the fitting the pieces together, this fitting is to be done on the surface of the street before laying the pipe, and the tops plainly marked in the order in which they are to be laid. No pipe is to be trimmed or chipped to fit. Each piece of pipe is to be solidly and evenly bedded, and not simply wedged up. Before finishing each joint, some suitable device is to be used to find that the inverts coincide and pipe is clear throughout. 19.1 AS BUILT INFORMATION The Contractor shall submit to the Engineer the stations and left or right offsets of all manholes, inlet structures and terminals ends of subdrains, as measured from the nearest downstream manhole along the centerline of the sewer along with the elevations of the north edge of manhole cover, inverts of all pipe in structures, and the flow line of inlets. (Gutter) 19.2 TESTING The Contractor shall take all precautions to secure a perfectly watertight sewer under all conditions. At the discretion of the City Engineer or his designee, the watertightness of a sewer which has a crown lying below groundwater level may be tested by measuring the infiltration. The watertightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section of the water table outside of the sewer, whichever is higher, and then measuring the exfiltration. In no case shall the infiltration or exfiltration exceed 150 gallon per inch of diameter per mile per day. The Contractor shall fiunish all labor, materials and equipment to test the amount of infiltration or exfiltration under the SectionIV-I.doc Page 16 of 127 10/13/2008 Section N - Technical Specifications Engineer's direction. Where the infiltration or exfiltration is excessive the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No trench made joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 19.3 BASIS OF PAYMENT Payment shall be the unit price per lineal foot for storm sewer pipe in place and accepted, measured along the centerline of the storm sewer pipe to the inside face of exterior walls of storm manholes or drainage structures and to the outside face of endwalls. Said unit price includes all work required to install the pipe (i.e. all materials, equipment, filter fabric wrap, labor and incidentals, etc.). 20 SANITARY SEWERS AND FORCE MAINS 20.1 MATERIALS 20.1.1 GRAVITY SEWER PIPE GRAVITY SEWER PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Polyvinyl chloride pipe and fittings shall conform with ASTM specification D 3034 for S.D.R. 35. Sewer pipe with more than 10 feet of cover shall be SDR 26. The pipe shall be plainly marked with the above ASTM designation. The bell end of joints and fittings shall have a rubber sealing ring to provide a tight flexible seal in conformance with ASTM D 3212 76. The laying length of pipe joints shall be a maximum of 20-feet. Unless otherwise noted in these specifications or construction plans, Ductile Iron pipe and fittings for gravity sewer shall conform to Section 41 of these Technical Specifications for DIP water main except pipe shall be interior "polylined" in accordance with manufacturer's recommendations. Where sanitary sewer main is to be placed between building lots in a sideline easement, the sewer main shall, insofar as possible, be constructed without manholes or lateral connections within the side easement. The pipe material in the side easement between streets shall be C 900, SDR 18 polyvinyl chloride water main pipe as described in Technical Section 41. A two-way cleanout shall be installed on each lateral at the property line. 20.1.2 FORCE MAIN PIPE FORCE MAIN PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Unless otherwise noted in the specifications or construction plans, both polyvinyl chloride and ductile iron force main pipe and fittings shall conform to Section 41 of these Technical Specifications for water main pipe except that DIP shall be "polylined" in accordance with manufactures recommendations. All polyvinyl chloride pipe which has become deteriorated due to exposure to ultra violet radiation shall be rejected. SectionrV-l.doc Page 17 of 127 10/13/2008 Section N - Technical Specifications 20.2 INSTALLATION 20.2.1 GRAVITY SEWER PIPE Installation of gravity sewer pipe shall be in conformance with recommended practices contained in ASTM D 2321 and Unibell UNI B 5. The bottom trench width in an unsupported trench shall be limited to the minimum practicable width (typically pipe OD plus 8 to 12-inch on each side) allowing working space to place and compact the haunching material. The use of trench boxes and movable sheeting shall be performed in such a manner that removal, backfill and compaction will not disturb compacted haunching material or pipe alignment. Dewatering of the trench bottom shall be accomplished using adequate means to allow preparation of bedding, placement of the haunching material and pipe in the trench without standing water. Dewatering shall continue until sufficient backfill is placed above the pipe to prevent flotation or misalignment. Where pipe bedding is insufficient to adequately support pipe, the contractor will be required to remove unsuitable material and bed pipe in Class I material (1/2" Dia. aggregate) to provide firm support of pipe. Connections to manholes with sanitary pipe shall use a joint 2 feet in length and shall use an approved water stop around pipe joint entry. The laterals shown on the plans do not necessarily reflect exact locations. The contractor is required to locate all existing laterals for reconnection and to coordinate with the construction inspector the location of all new laterals. 20.2.2 FORCE MAIN PIPE Installation of force main pipe shall be in conformance with Section 41 of these Technical Specifications for water main pipe. 20.3 AS BUILT DRAWINGS The contractor shall submit to the Engineer a marked set of "As Built" construction drawings describing both the stations and left or right offset of all lateral terminal ends as measured from the nearest downstream manhole along the center line of the sewer main. The as built drawings will also describe elevations of the north edge of the manhole cover rings and inverts of all main pipes in manholes. 20.4 TESTING 20.4.1 TESTING OF GRAVITY SEWERS The Contractor shall take all precautions to secure a perfectly water tight sewer under all conditions. The water tightness of a sewer which has a crown lying below groundwater level may be tested by measuring infiltration. The water tightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section or the water table outside of the sewer, whichever is higher, and then measuring the exfiltra- tion. In no case shall the infiltration or exfiltration exceed 50 gallon per inch of diameter SectionlV-l.doc Page 18 of 127 10/13/2008 Section IV -- Technical Specifications per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive, the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No such repaired joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The Contractor shall TV inspect all mains to verify the true and uniform grade and the absence of bellies or dropped joints prior to acceptance. Any infiltration, dips or sags of more than 1/4- inches shall be cause for rejection. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 20.4.2 TESTING OF FORCE MAINS Force mains shall be tested under a hydrostatic pressure of 150 P.S.I. for two (2) hours, as described in Section 41.04 of these Technical Specifications for the testing of water mains. 20.5 BASIS OF PAYMENT 20.5.1 GRAVITY SEWER PIPE Payment for in place sanitary sewer gravity main pipe shall be the unit price per lineal foot per appropriate range of depth of cut as contained in the contract proposal. Measurement for payment shall be along the centerline of the sewer main from center to center of manholes. Payment for laterals shall be the unit price per lineal foot of pipe as measured from the centerline of the sewer main pipe to the terminal end of the lateral pipe including a two-way cleanout at the property line. Payment for sewer pipe shall include all labor, equipment and materials necessary to complete the installation. This shall include clearing and grubbing, excavation, shoring and dewatering, backfill and grading. 20.5.2 FORCE MAIN PIPE Payment and measurement of force main pipe shall be the same as described in Section 41 of these Technical Specifications for water main pipe. 21 DRAINAGE The Contractor shall provide proper outlet for all water courses and drains interrupted during the progress of the work and replace them in as good condition as he found them. 22 ROADWAY BASE AND SUBGRADE 22.1 BASE This specification describes the construction of roadway base and subgrade. The Contractor shall refer to Section IV, Article 1 "Scope of Work" of the city's Contract Specifications for additional roadway base and subgrade items. SectionIV-l.doc Page 19 of 127 10/13/2008 Section N - Technical Specifications Roadway base shall be 8" compacted minimum thickness unless otherwise noted on the plans or directed by the Engineer. The subgrade shall be 12" compacted minimum thickness with a minimum Limerock Bearing Ratio (LBR) of 40 unless otherwise noted on the plans or directed by the Engineer. The Contractor shall obtain from an independent testing laboratory a Proctor and an LBR for each type material. The Contractor shall also have an independent testing laboratory perform all required density testing. Where unsuitable material is found within the limits of the base, Section IV, Article 17 (Unsuitable Material Removal) of the city's Contract Specifications will apply. Once the roadway base is completed, it shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to the base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost for placement of prime material shall be included in the bid item for base. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all base and subgrade placement or reworking. The following base materials are acceptable: 1. SHELL BASE: Shell base shall be constructed in accordance with Sections 200 and 913 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The shell shall be FDOT approved. The cost of the prime coat shall be included in the bid item price for base. 2. LIMEROCK BASE: Limerock base shall be constructed in accordance with Sections 200 and 911 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The limerock shall be from a FDOT approved certified pit. The cost of the prime coat shall be included in the bid item price for base. 3. CRUSHED CONCRETE BASE: Crushed concrete base shall be constructed in accordance with Sections 204 and 901 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The crushed concrete material shall be FDOT approved. The Contractor shall provide certified laboratory tests on gradation to confirm that the crushed concrete base material conforms to the above specifications. The LBR shall be a minimum of 185. LBR and gradation tests shall be provided to the city by the Contractor once a week for continuous operations, or every 1000 tons of material, unless requested more frequently by the City Engineer or designee. The cost of the prime coat shall be included in the bid item price for base. 4. SOIL CEMENT BASE: Unless otherwise noted, soil cement base shall be constructed in accordance with Section 270 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. An Asphalt Rubber Membrane Interlayer (ARMI) shall be included in the pavement design per Section 341 of FDOT's Standard Specifications (latest edition) to minimize reflective cracking unless otherwise noted in the project plans and specifications. The ARMI layer shall be overlaid with asphalt on the same day it is placed for the Contractor to receive full compensation for the work. SectionIV-l.doc Page 20 of 127 10/13/2008 Section N - Technical Specifications The soil cement base design shall be by a certified lot under the direction of a Registered Florida Professional Engineer, and must be approved by the City Engineer. Said design shall provide for a minimum of 300 P.S.I. in seven days. All plant mixed soil cement shall be certified by a registered laboratory that has been approved by the Engineer. The only approved method for spreading the cement is the use of a spreader box. The use of a spreader bar for spreading cement will not be allowed. The applying of the cement shall not be allowed when the wind velocity is sufficient to jeopardize material interests (i.e. vehicles, etc.) from airborne cement particles. The density testing frequency shall be at the discretion of the registered Florida Professional Engineer responsible for the soil cement design. 5. ASPHALT BASE: Full depth asphalt base shall be constructed in accordance with Section 280 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. The cost for preparation, placement and compaction shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. The cost of the tack coat shall be included in the bid item price for asphalt or base. 6. REWORKED BASE: When the plans call for the working of the existing base, the finished reworked base shall have a minimum compacted thickness of 8" unless otherwise shown on the plans or directed by the Engineer, and be constructed in accordance with the applicable FDOT requirements for the type of material used. The density requirements (except for asphalt and soil cement base) shall be per Section 200 6 of FDOT's Standard Specifications (latest edition). For asphalt, the density requirements are per Section 330-11, and for soil cement per Section 270-5 of FDOT's 2000 Standard Specifications. 22.1.1 BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE The basis of measurement shall be the number of square yards of base in place and accepted as called for on the plans. The maximum allowable deficiency shall be a half-inch (1/2"). Areas deficient in thickness shall either be fixed by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place. 22.1.2 BASIS OF PAYMENT FOR BASE AND REWORKED BASE The unit price for base shall include: all materials, roadbed preparation, placement, spreading, compaction, finishing, prime, base, subgrade (unless the plans specify a separate pay item), stabilization, mixing, testing, equipment, tools, hauling, labor, and all incidentals necessary to complete the work. Payment for asphalt base shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. 22.2 SUBGRADE All subgrade shall be stabilized and constructed in accordance with Sections 160 and 914 of FDOT's Standard Specifications (latest edition) unless otherwise noted herein. All subgrade shall have a minimum compacted thickness of 12" unless otherwise shown on the plans or directed by the Engineer. If limerock is used, it shall also meet the requirements of Section 911 of FDOT's Standard Specifications (latest edition). Where unsuitable material is found within the limits of the subgrade, Section IV, Article 17 (Unsuitable Material Removal) of the city's Contract SectionIV-l.doc Page 21 of 127 10/13/2008 Section N - Technical Specifications Specifications will apply. The extent of said removal shall be determined by the Engineer in accordance with accepted construction practices. The Contractor is responsible for clearing, grading, filling, and removing any trees or vegetation in the roadbed below the subgrade to prepare it per the plans. The cost of this work shall be included in the unit price for base or subgrade. The Contractor shall obtain from an independent testing laboratory the bearing value after the mixing of materials for the stabilized subgrade. 22.2.1 BASIS OF MEASUREMENT The basis of measurement shall be the number of square yards of stabilized subgrade in place and accepted as called for on the plans. The maximum allowable deficiency for mixing depth shall be per Section 161-6.4 of FDOT's 2000 Standard Specifications. Acceptable bearing values shall be per FDOT Section 160-7.2. Areas deficient in thickness or bearing values shall either be corrected by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place (latest edition). 22.2.2 BASIS OF PAYMENT The unit price for subgrade shall include: roadbed preparation, placement, spreading, compaction, finishing, testing, stabilizing, mixing, materials, hauling, labor, equipment and all incidentals necessary to complete the work. If no pay item is given, subgrade shall be included in the bid item for base. 23 ASPHALTIC CONCRETE MATERIALS This specification is for the preparation and application of all S-Type Marshall Mix Design asphaltic concrete materials on roadway surfaces unless otherwise noted. 23.1 ASPHALTIC CONCRETE 23.1.1 AGGREGATE All aggregates shall be obtained from an approved FDOT source and shall conform to Sections 901 through 919 of FDOT's 2000 Standard Specifications. 23.1.2 BITUMINOUS MATERIALS All bituminous materials shall conform to Section 916 of FDOT's 2000 Standard Specifications. 23.2 HOT BITUMINOUS MIXTURES - PLANT, METHODS, . EQUIPMENT & QUALITY ASSURANCE The plant and methods of operation used to prepare all asphaltic concrete and bituminous materials shall conform to the requirements of Section 320 of FDOT's Standard Specifications (latest edition). Unless otherwise noted, all acceptance procedures and quality control/assurance procedures shall conform to the requirements of Section 330 of FDOT's 2000 Standard Specifications. The Contractor shall note that the City shall have the right to have an independent testing laboratory select, test, and analyze, at the expense of the City, test specimens of any or all materials to be used. Tests to be performed by the independent testing laboratory every 1000 tons SectionlV-Ldoc Page 22 of 127 10/13/2008 Section IV - Technical Specifications include, but are not limited to, Marshall stability and flow, extraction/gradation and cores to determine density and thickness. The results of such tests and analyses shall be considered, along with the tests or analyses made by the Contractor, to determine compliance with the applicable specifications for the materials so tested or analyzed. The Contractor hereby understands and accepts that wherever any portion of the work is discovered, as a result of such independent testing or investigation by the City, which fails to meet the requirements of the Contract documents, all costs of such independent inspection and investigation as well as all costs of removal, correction, reconstruction, or repair of any such work shall be borne solely by the Contractor. Payment reductions for asphalt related items shall be determined by the following: 1. Density per Section 330-11 of FDOT's 2000 Standard Specifications. 2. Final surface or friction course tolerances per Section 330-13 of FDOT's 2000 Standard Specifications. 3. Thickness will be determined from core borings. Deficiencies of 1/4" or greater shall be corrected by the Contractor, without compensation, by either replacing the full thickness for a length extending at least 25' from each end of the deficient area, or when the Engineer allows for an overlay per Section 330-15.2.3 of FDOT's Standard Specifications (2000 edition). In addition, for excesses of 1/4" or greater, the Engineer will determine if the excess area shall be removed and replaced at no compensation, or if the pavement in question can remain with payment to be made based on the thickness specified in the contract. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of the placement of all asphalt. 23.3 ASPHALT MIX DESIGNS AND TYPES All asphalt mix designs shall conform to the requirements of Sections 331 and 337 of FDOT's 2000 Standard Specifications. All asphalt mix designs shall be approved by the Engineer PRIOR to the commencement of the paving operation. NO RECLAIMED ASPHALT PAVEMENT (RAP) MATERIAL SHALL BE ALLOWED IN THE ASPHALTIC CONCRETE MIXES. 23.4 ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS All asphalt pavement designs shall conform to the following requirements: Table 2: Layer Thickness for Asphalt (Layers Are Listed in Sequence of Construction) COURSE LAYER THICKNESS (Inches) THICKNESS (Inches) Type S-I Type S-I with Type S-III Top Layer Type S-III FC--3 Type S-III with FC---3 Top Layer Type S-I with FC-3 Top Layer 1st 2nd 1st 2nd 1 st 2nd 1st 2nd 1st 2nd 1st 2nd 1 1 1 1 %2 11/2 SectionIV-l.doc Page 23 of 127 10/13/2008 Section IV - Technical Specifications COURSE LAYER THICKNESS (Inches) THICKNESS (Inches) Type S-I Type S-I with Type S-III Top Layer Type S-III FC-3 Type S-III with FC-3 Top Layer Type S-I with FC-3 Top Layer 1 st 2nd 1st 2nd 1 st 2nd 1 st 2nd 1st 2nd 1st 2nd 2 1'/4 3/4 * 1 1 2V2 1'/a 1 V4 1 V2 1 2 1 3 1'/2 1 V2 2 1 2 1 * At the Engineer's discretion, 2" of S-III is acceptable for use on residential streets Additional Notes: 1. Type S-III shall be limited to the final (top) structural layer (one layer only). 2. All asphalt pavement designs shall conform to the requirements of sections 331 and 337 of FDOT's 2000 Standard Specifications. 3. All pavement designs shall include a minimum of two inches of asphalt. 4. The Contractor shall be responsible to review the project plans for complete pavement design detail. 5. Unless otherwise specified on the plans, Type S-III per Section 331 of FDOT's 2000 Standard Specifications shall be used as final riding surface on streets with the speed limit of less than 35 mph, streets with an average daily traffic (ADT) of less than 3000, and all residential streets. 6. An FC-3 friction course per section 337 of FDOT's 2000 Standard Specifications shall be used on streets with a speed limit of 35 mph or greater, and streets with an ADT of 3000 or greater. 23.5 GENERAL CONSTRUCTION REQUIREMENTS The general construction requirements for all hot bituminous pavements (including limitations of operations, preparation of mixture, preparation of surface, placement and compaction of mixture, surface requirements, correction of unacceptable pavement, etc.) shall be in accordance with Section 330 of FDOT's 2000 Standard Specifications. 23.6 CRACKS AND POTHOLE PREPARATION 23.6.1 CRACKS Cracks in roadway pavement shall be repaired prior to the application of asphaltic concrete by the following steps: 1. All debris to be removed from cracks by compressed air or other suitable method. SectionIV-l.doc Page 24 of 127 10/13/2008 Section IV -'Technical Specifications 2. Apply a multiple layered application of bituminous binder and fine aggregate, as appropriate to the depth of the crack until the void of the crack is completely filled to the level of the surrounding roadway surface. 3. If application of asphaltic concrete is not to begin immediately after crack repair, cracks are to be sanded to prevent vehicular tracking. 4. Payment for crack filling shall be included in the unit price for asphaltic concrete. 23.6.2 POTHOLES Potholes shall be repaired prior to the application of asphaltic concrete by the following steps: 1. All debris is to be removed from potholes by hand, sweeping, or other suitable method. 2. A tack coat is to be applied to the interior surface of the pothole. 3. The pothole is to be completely filled with asphaltic concrete, and thoroughly compacted. 4. Payment for pothole preparation shall be included in the unit price for asphaltic concrete. 23.7 ADJUSTMENT OF MANHOLES The necessary adjustments of sanitary sewer and storm drain manholes and appurtenances shall be accomplished by the Contractor. The Contractor shall be paid on a per unit basis for each item. The use of manhole adjustment risers is acceptable under the following conditions: The riser shall meet or exceed all MOT material, weld, and construction requirements. The riser shall consist of an A-36 hot rolled steel meeting or exceeding the minimum requirements of A.S.T.M. A-36. The riser shall be a single piece with a stainless steel adjustment stud and shall have a rust resistant finish. The use of cast iron, plastic, or fiberglass risers is not permitted. In addition, the installation of each riser shall be per manufacturers specifications. Each manhole shall be individually measured, and each riser shall be physically marked to ensure that the proper riser is used. Also, the ring section shall be cleaned, and a bead of chemically resistant epoxy applied to the original casting, prior to installation of the riser. It is the Contractors responsibility to ensure that the manholes are measured, the risers are physically marked, the ring sections are thoroughly cleaned, and that the epoxy is properly applied prior to installation of each riser. If risers are not used, the adjustment of manholes shall be accomplished by the removal of pavement around manhole, grade adjustment of ring and cover, and acceptable replacement and compaction of roadway materials prior to paving. A full depth backfill using asphalt is acceptable. The use of Portland cement for backfill is not acceptable. All manhole and valve adjustments shall be accomplished prior to the application of final asphaltic concrete surface. Unless otherwise noted in the specs or on the plans, the paving operation shall occur within seven (7) calendar days from the completion of the adjustment. On arterial roadways, the rims manholes are to be ramped with asphalt during the time period between initial adjustment and final resurfacing. Water and gas valves, sewer cleanouts, valve boxes, tree aeration vents, etc. will be adjusted by the Contractor with the cost for this work to be included in the unit cost of the asphalt. Care must be taken around said appurtenances to ensure that they are not paved over, It is the Contractor's responsibility to inform the owners of all SectionIV-l.doc Page 25 of 127 10/13/2008 Section N - Technical Specifications utilities of impending work and coordinate their adjustments so they are completed prior to the scheduled paving. 23.8 ADDITIONAL ASPHALT REQUIREMENTS 1. All impacted radius returns within project limits shall be paved unless otherwise directed by the Engineer or Project Inspector, with payment to be included in the per ton bid item for asphalt. 2. All pavement markings impacted by placement of asphalt shall be replaced prior to the road being open to traffic unless otherwise noted in the contract scope and plans. 3. All project related debris shall be hauled off the job site by the Contractor in a timely manner and at their own expense in conformance with all regulatory requirements. 4. The Contractor shall pay particular attention to sweeping when paving. The Broom Tractor way of sweeping will not be permitted. Prior to paving, all construction areas shall be swept with a Municipal type sweeper (either vacuum or mechanical type) that picks up and hauls off, dust and dirt. The sweeper must be equipped with its own water supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways, curbs and roadways each day before leaving the job site. 5. The application of tack and prime coats (either required or placed at the Engineer's discretion) shall be placed per Section 300 of FDOT's Standard Specifications (latest edition). Tack shall also be applied to the face of all curbs and driveways. The cost (including heating, hauling and applying) shall be included in the per ton bid item for asphalt, unless otherwise noted in the project scope and plans. 6. Leveling course and spot patching shall be applied to sections of the road as noted on the plans, or as directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 7. If an asphalt rubber binder is required, it shall conform to the requirements of Section 336 of FDOT's 2000 Standard Specifications. 8. On all streets with curb and gutter, the final compacted asphalt shall be V4" above the lip or face of said curb per City Index 101. 23.9 SUPERPAVE ASPHALTIC CONCRETE 1. Unless otherwise noted in this section, all of the asphaltic concrete specifications in Sections A through H above shall apply to superpave asphaltic concrete. All asphaltic concrete pavement shall be designed and placed in accordance with the FDOT Standard Specifications for Road and Bridge Construction (latest edition). 2. All aggregate shall be obtained from an approved FDOT source and shall conform to Sections 901 and 902 of FDOT's Standard Specifications (latest edition). 3. All bituminous materials shall conform to Section 916 of FDOT's Standard Specifications (latest edition). Asphaltic binder shall be Grade PG 67-22 unless otherwise specified in the Scope of Work. 4. All superpave mix designs shall conform to Sections 320 and 334 of FDOT's Standard Specifications (latest edition). SectionIV-l.doc Page 26 of 127 10/13/2008 Section N - Technical Specifications 5. All general construction requirements shall conform to Section 330 of FDOT's Standard Specifications (latest edition). 23.10 BASIS OF MEASUREMENT Basis of measurement will be the number of tons of asphaltic concrete completed, in place and accepted. Truck scale weights will be required for all asphaltic concrete used. 23.11 BASIS OF PAYMENT Payment shall be made at the contract unit price for asphaltic concrete surface as specified and measured above. This price shall include all materials, preparation, hauling, placement, tack and/or prime coat either required or placed at Engineer's discretion, leveling, spot patching, filling of cracks, pothole repair, sweeping, debris removal, labor, equipment, tools, and incidentals necessary to complete the asphalt work in accordance with the plans and specifications. 24 ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT When this Article applies to the contract, the unit bid price for asphalt will be adjusted in accordance with the following provisions: 1. Price adjustment for asphalt shall only be made when the current FDOT Asphalt Price Index varies more than 10% from the bid price at the time of the bid opening. 2. The Bituminous Material Payment Adjustment Index published monthly by the FDOT shall be used for the adjustment of unit prices. This report is available on FDOT's Internet site. The address is: http://www1l.myflorida.com. It is under the section "Doing Business with FDOT" in the "Contracts Administration" section under "Asphalt Index". For additional information, call FDOT @ 850-414-4000. 3. The FDOT Payment Adjustment Index in effect at the time of the bid opening will be used for the initial determination of the asphalt price. 4. The FDOT Payment Adjustment Index in effect at the time of placement of the asphalt will be used for payment calculation. 5. The monthly billing period for contract payment will be the same as the monthly period for the FDOT Payment Adjustment Index. 6. No adjustment in bid prices will be made for either tack coat or prime coat. 7. No price adjustment reflecting any further increases in the cost of asphalt will be made for any month after the expiration of the allowable contract time. 8. The City reserves the right to make adjustments for decreases in the cost of asphalt. 25 GENERAL PLANTING SPECIFICATIONS 25.1 IRRIGATION 25.1.1 DESCRIPTION A. The work specified in this Section consists of the installation of an automatic underground irrigation system as shown or noted in the plans. Provide all labor, materials, SectionIV-Ldoc Page 27 of 127 10/13/2008 Section N - Technical Specifications equipment, services and facilities required to perform all work in connection with the underground sprinkler irrigation system, complete, as indicated on the drawings and/or specified. Work noted as "NIC", "existing", or "by others" is not included in this pay item. B. The irrigation plans are schematic in nature. Valves and pipes shall be located in the turf/landscape areas except at road/paving crossings. All piping under paving shall be sleeved. Changes in the irrigation system layout shall be modified with the approval of the Engineer. 25.1.1.1 QUALITY ASSURANCE A. The irrigation work shall be installed by qualified personnel or a qualified irrigation subcontracting company that has experience in irrigation systems of similar size, scope, mainline, system pressure, controls, etc. B. All applicable ANSI, ASTM, FED.SPEC. Standards and Specifications, and all applicable building codes and other public agencies having jurisdiction upon the work shall apply. C. Workmanship: All work shall be installed in a neat, orderly and responsible manner with the recognized standards of workmanship. The Engineer reserves the right to reject material or work which does not conform to the contract documents. Rejected work shall be removed or corrected at the earliest possible time at the contractor's expense. D. Operation and Maintenance Manuals: The contractor shall prepare and deliver to the Engineer within ten (10) calendar days prior to completion of construction a minimum of three (3) hard cover binders with three rings containing the following information: 1. Index sheet stating the contractor's address and business telephone number, 24 hour emergency phone number, person to contact, list of equipment with name(s) and address(es) of local manufacturer's representative(s) and local supplier where replacement equipment can be purchased. 2. Catalog and part sheet on every material and equipment installed under this contract. 3. Complete operating and maintenance instructions on all major equipment. 4. Provide the Engineer and the City of Clearwater maintenance staff with written and "hands on" instructions for major equipment and show evidence in writing to the Engineer at the conclusion of the project that this service has been rendered. a. Four-hour instruction (minimum) for the Drip Emitter equipment operation and maintenance. b. Two-hour instruction (minimum) for automatic control valve operation and maintenance. 25.1.1.2 PROJECT CONDITIONS A. The Irrigation Contractor shall coordinate the work with all other trades, all underground improvements, the location and planting of trees and all other planting. Verify planting requiring excavation 24 in, diameter and larger with the Engineer prior to installation of main lines. B. Provide temporary irrigation at all times to maintain plant materials. SectionIV-1.doc Page 28 of 127 10/13/2008 Section N - Technical Specifications C. The Irrigation Contractor is responsible to maintain the work area and equipment until final acceptance by the Engineer. Repairs and replacement of equipment broken, stolen, or missing as well as regular maintenance operations shall be the obligation of the contractor. D. The Irrigation Contractor shall submit a traffic control plan (per FDOT specifications) to the Engineer prior to initiating construction on the site. The Contractor shall be responsible for the maintenance of traffic signs, barriers, and any additional equipment to comply with the FDOT standards and to ensure the safety of its employees and the public. 25.1.1.3 WARRANTY A. The Manufacturer(s) shall warrant the irrigation system components to give satisfactory service for one (1) year period from the date of acceptance by the Engineer and the City of Clearwater. Should any problems develop within the warranty period due to inferior or faulty materials, they shall be corrected at no expense to the City of Clearwater or FDOT. 25.1.2 PRODUCTS 25.1.2.1 GENERAL A. All materials throughout the system shall be new and in perfect condition. No deviations from the specifications shall be allowed except as noted. 25.1.2.2 PIPING A. The irrigation system pipe shall be as stated herein and shall be furnished, installed and tested in accordance with these specifications. B. All pipe is herein specified to be Polyvinyl Chloride (PVC) Pipe, 1120, Schedule 40, conforming to ASTM D2665 and D1785. C. All nipples, pipe connections, bushings, swing joints, connecting equipment to the mainline is required to be threaded Polyvinyl Chloride (PVC) Pipe, Schedule 80. 25.1.2.3 PIPE FITTINGS A. All pipe fittings for Schedule 40 PVC pipe shall be as follows: Fittings shall conform to the requirements of ASTM D2466, Standard Specification for Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. The connection of mainline pipe to the automatic control valve shall be assembled with threaded Schedule 80 fittings and threaded Schedule 80 nipples. 25.1.2.4 PVC PIPE CEMENT AND PRIMER A. Provide solvent cement and primer for PVC solvent weld pipe and fittings as recommended by the manufacturer. Pipe joints for solvent weld pipe to be belled end. B. Purple primer shall be applied after the pipe and fittings has been cut and cleaned. The Primer shall be of contrasting color and be easily recognizable against PVC pipe. SectionlV-l.doc Page 29 of 127 10/13/2008 Section N - Technical Specifications 25.1.2.5 THREADED CONNECTIONS A. Threaded PVC connections shall be made using Teflon tape or Teflon pipe sealant. 25.1.2.6 GATE VALVES 25.1.2.6.1 MANUAL GATE VALVES 2 IN. AND SMALLER A. Provide the following, unless otherwise noted on Drawings: 1. 200-250 psi Ball Valve 2. PVC body - with Teflon Ball Seals 3. Threaded-Dual end Union Connectors 4. Non-Shock Safe-T-Shear Stem 5. Safe-T Shear True Union Ball Valve as manufactured by Spears Manufacturing Company, Sylmer, California, or approved equal. 25.1.2.6.2 GATE VALVES 2%" IN. AND LARGER A. Provide the following, unless otherwise noted on Drawings: 1. AWWA-C-509 2. 200 lb. O.W.G 3. Cast Iron body - ASTM A 126 Class B 4. Deep socket joints 5. Rising stem 6. Bolted bonnet 7. Double disc 8. Equipped with 2" square operating key with tee handle B. Provide two (2) operating keys for gate valve 3" and larger. The "street key" shall be 5' long with a 2" square operating nut. 25.1.2.7 SLEEVES A. Sleeves: (Existing by City of Clearwater) 25.1.2.8 REMOTE CONTROL VALVES A. The remote control valve shall be a solenoid actuated, balance-pressure across-the diaphragm type capable of having a flow rate of 25-30 gallons per minute (GPM) with a pressure loss not to exceed 6.1 pounds per square inch (PSI). The valve pressure rating shall not be less than 150 psi. B. The valve body and bonnent shall be constructed of high impact weather resistant plastic, stainless steel and other chemical/[TV resistant materials. The valve's one-piece diaphragm shall be of durable santoprene material with a clog resistant metering orifice. C. The valve body shall have a V inch (FNPT) inlet and outlet or a one inch slip by slip inlet and outlet for solvent weld pipe connections. SectionIV-l.doc Page 30 of 127 10/13/2008 Section IV - Technical Specifications D. The valve construction shall be as such to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. E. The valve shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California, or approved equal. F. Identify all control valves using metal I.D. tags numbered to match drawings. 25.1.2.9 VALVE BOXES A. For remote control drip valve assembly and UNIK control timer use a Brooks #36 concrete value box with #36-T cast iron traffic bearing cover, or approved equal. B. For flush valve assembly use an Ametek #181014 (10") circular valve box with #181015 cover comparable to Brooks, or approved equal. C. For air relief assembly use an Ametek #182001 (6") economy turf box with #182002 cover comparable to Brooks, or approved equal. 25.1.2.10 DRIP IRRIGATION 25.1.2.10.1 CONSTRUCTION A. Techline shall consist of nominal sized one-half inch (1/2") low-density linear polyethylene tubing with internal pressure compensating, continuously self-cleaning, integral drippers at a specified spacing, (12", 18", or 24" centers). The tubing shall be brown in color and conform to an outside diameter (O.D.) of 0.67 inches and an inside diameter (I.D.) of 0.57 inches. Individual pressure compensating drippers shall be welded to the inside wall of the tubing as an integral part of the tubing assembly. These drippers shall be constructed of plastic with a hard plastic diaphragm retainer and a self- flushing/cleaning elastomer diaphragm extending the full length of the dripper. 25.1.2.10.2 OPERATION A. The drippers shall have the ability to independently regulate discharge rates, with an inlet pressure of seven to seventy (7-70) pounds per square inch (PSI), at a constant flow and with a manufacturer's coefficient of variability (Cv) of 0.03. Recommended operating pressure shall be between 1545 PSI. The dripper discharge rate shall be 0.4, 0.6, or 0.9 gallons per hour (GPIT) utilizing a combination turbulent flow/reduced pressure compensation cell mechanism and a diaphragm to maintain uniform discharge rates. The drippers shall continuously clean themselves while in operation. The dripperline shall be available in I2", 18" and 24" spacing between drippers unless otherwise specified. Techline pipe depth shall be under mulch unless otherwise specified on Plans. Maximum system pressure shall be 45 PSC. Filtration shall be 120 mesh or finer. Bending radius shall be 7". B. For on-surface or under mulch installations, 6" metal wire staples (TLS6) shall be installed 3'-5' on center, and two staples installed at every change of direction. 25.1.2.10.3 LINE FLUSHING VALVES A. The sub-surface system shall utilize Automatic Line Flush Valves at the end of each independent zone area. This valve shall be capable of flushing one gallon at the beginning SectionIV-l.doc Page 31 of 127 10/13/2008 Section N -'Technical Specifications of each irrigation cycle. The valves shall match the dripline manufacturer and connect directly to the dripline. 25.1.2.10.4 AIRNACUUM RELIEF VALVE A. Each independent irrigation zone shall utilize an Air/Vacuum Relief Valve at its high point(s). The air and vacuum relief valve shall seal effectively from 2 to 110 psi. 25.1.2.10.5 PRESSURE REGULATORS A. The pressure regulator shall be designed to handle steady inlet pressures over 150 pounds per square inch (psi). and maintain a constant outlet pressures of 25 psi. Regulating accuracy shall be within =/-6%. The pressure regulator shall be manufactured from high- impact engineering grade thermoplastics. Regulation shall be accomplished by a fixed stainless steel compression spring which shall be enclosed in a chamber separate from the water passage. 25.1.2.10.6 FILTERS A. The filter shall be a multiple disc type filter with notation indicating the minimum partial size to travel through or the mesh size of the element being used. The discs shall be constructed of chemical resistant thermoplastic for corrosion resistance. 25.1.2.10.7 FITTINGS A. All connections shall be made with barb or compression type fitting connections. Fittings and dripline shall be as manufactured by the manufacturer of the dripline to ensure the integrity of the subsurface irrigation system. 25.1.2.11 AUTOMATIC CONTROL TIMER A. The irrigation controller (control module) shall be programmable by a separate transmitter device only. The program shall be communicated to the Control Module from the Field Transmitter via an infrared connection. The controller shall be of a module type which may be installed in a valve box underground. The controller shall function normally if submerged in water and the communication from the transmitter shall function if submerged in water. B. The control module shall be housed in an ABS plastic cabinet and shall be potted to insure waterproof operation. The control module shall have two mounting slots for screws allowing the module to be securely mounted inside a valve box. C. The controller shall operate on one nine volt alkaline battery for one full year regardless of the number of stations utilized. The controller shall operate 1, 2, or d stations either sequentially or independently. D. The controller shall have three independent programs with eight start times each, station run time capability from one minute to twelve hours in one minute increments, and a seven day calendar. The controller shall turn on stations via latching solenoids installed on the valves. Manual operations shall be initiated by attaching the Field Transmitter to the Control Module and programming a manual start. The controller shall be capable of manual single station or manual program operation. SectionlV-l.doc Page 32 of 127 10/13/2008 Section N - Technical Specifications E. The controller shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.2.12 FIELD TRANSMITTER A. The irrigation controller shall be programmable by a separate transmitter device (Field Transmitter) only. The Field Transmitter shall communicate to the Control Module via an infrared connection. The Field Transmitter shall be water resistant and housed in ABS plastic and have a removable, reversible protective sheath. The Field Transmitter shall operate on one 9V alkaline battery. B. The Field Transmitter shall have a large LCD screen and a seven-key programming pad. A beep sound shall confirm every key stroke. The screen shall automatically turn off after one minute when not in use. C. The Field Transmitter shall be capable of programming an unlimited number of UNIK Control Modules. D. The Field Transmitter shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.2.13 LATCHING SOLENOID A. The Latching Solenoid shall be supplied with an installed, filtered adapter allowing installation of the solenoid onto any Rain Bird DV, PGA, PEB, PES-B, GB, of EFB series valve. B. The Latching Solenoid shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.3 EXECUTION 25.1.3.1 GENERAL INSTALLATION REQUIREMENTS A. Before work is commenced, hold a conference with the Engineer to discuss general details of the work. B. Verify dimensions and grades at job site before work is commenced. C. During the progress of the work, a competent superintendent and any assistants necessary shall be on site, all satisfactory to the Engineer. This superintendent shall not be changed, except with the consent of the Engineer. The superintendent shall represent the Contractor in his absence and all directions given to the superintendent shall be as binding as if given to the Contractor. D. Obtain and pay for all irrigation and plumbing permits and all inspections required by outside authorities. E. All work indicated or notes on the Drawings shall be provided whether or not specifically mentioned in these Technical Special Provisions. F. If there are ambiguities between the Drawings and Specifications, and specific interpretation or clarification is not issued prior to bidding, the interpretation or clarification will be made only by the Engineer, and the Contractor shall comply with the decisions. In event the installation contradicts the directions given, the installation shall be corrected by the Contractor at no additional cost. SectionrV-l.doc Page 33 of 127 10/13/2008 Section N - Technical Specifications G. Layout of sprinkler lines shown on the Drawing is diagrammatic only. Location of sprinkler equipment is contingent upon and subject to integration with all other underground utilities. Contractor shall employ all data contained in the contract Documents and shall verify this information at the construction site to confirm the manner by which it relates to the installation. H. Do not proceed with the installation of the sprinkler system when it is apparent that obstructions or grade differences exist or if conflicts in construction details, legend, or specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be brought to the attention of the Engineer. 1. The disturbance of existing paving will not be permitted. Install all required sleeving prior to roadway base. 25.1.3.2 EXCAVATING AND BACKFILLING 25.1.3.2.1 TRENCHING - GENERAL A. Dig sides of trenches straight. Provide continuous support for pipe on bottom of trenches. Lay pipe to uniform grade. Trenching excavation shall follow layout indicated on Drawings. B. Maintain 6 in. horizontal and minimum clearance between sprinkler lines and between all lines of other trades. C. Do not install sprinkler lines directly above another line of any kind. D. Maintain 6 in. vertical minimum between sprinkler lines which cross at angles of 45 degrees to 90 degrees. E. Exercise care when excavating, trenching and working near existing utilities. 25.1.3.2.2 BACKFILLING A. All pressure supply lines (mainline) shall have 18" of fill placed over the pipe. B. Initial backfill on all lines shall be of a fine granular material with no foreign matter larger than %2 in. C. Compact backfill according to Section 125 of FDOT Specification Book, 1996 Edition. D. Do not, under any circumstances, use equipment or vehicle wheels for compacting soil. E. Restore grades and repair damages where settling occurs. F. Compact each layer of fill with approved equipment to achieve a maximum density per AASHTO T 180 - latest edition. Under landscaped area, compaction shall not exceed 95% of maximum density. G. Compaction shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than six (6") inches thick. The hand tampers shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent damage to the irrigation system piping and adjacent utilities. SectionIV-l.doc Page 34 of 127 10/13/2008 Section IV - Technical Specifications 25.1.3.2.3 ROUTING OF PIPING: A. Routing of pressure and non-pressure piping lines are indicated diagrammatically on Drawings. B. Coordinate specimen trees and shrubs with routing of lines. 1. Planting locations shall take precedence over sprinkler and piping locations. 2. Report to Owner any major deviation from routing indicated. C. Conform to Drawings layout without offsetting the various assemblies from the pressure supply line. D. Layout drip tube and make any minor adjustments required due to differences between site and Drawings. Any such deviations in layout shall be within the intent of the original Drawings, and without additional cost. E. Layout all systems using an approved staking method, and maintain the staking of approved layout. 25.1.3.3 INSTALLATION 25.1.3.3.1 WATER SUPPLY A. Connections to the water sources shall be at the approximate locations indicated on the Drawings. Make minor changes caused by actual site conditions without additional cost to the Owner. 25.1.3.3.2 ASSEMBLIES A. Routing or pressure supply lines as indicated on Drawings is diagrammatic only. Install lines and required assemblies in accordance with details on Drawings. B. Do not install multiple assemblies on plastic lines. Provide each assembly with its own outlet. When used, the pressure relief valve shall be the last assembly. C. Install all assemblies in accord with the respective detail Drawings and these Technical Special Provisions. D. Plastic pipe and threaded fittings shall be assembled using Teflon tape, applied to the male threads only. 25.1.3.3.3 SLEEVES: (EXISTING BY CITY OF CLEARWATER) A. The contractor shall verify the location of all existing sleeves as shown on the roadway, utility and/or irrigation plans and notify the Engineer of any discrepancies. 25.1.3.3.4 PLASTIC PIPE A. Install plastic pipe in accord with manufacturer's recommendations. B. Prepare all welded joints with manufacturer's cleaner prior to applying solvent. 1. Allow welded joints as least 15 minutes setup/curing time before moving or handling. 2. Partially center load pipe in trenches to prevent arching and shifting when water pressure is on. SectionIV-l.doc Page 35 of 127 10/13/2008 Section N - Technical Specifications 3. Do not permit water in pipe until a period of at least four hours has elapsed for solvent weld setting and curing, unless recommended otherwise by solvent manufacturer. C. Curing 1. When the temperature is above 80 degrees F., allow soluble weld joints at least 24 hours curing time before water is introduced under pressure. D. Flushing the system: 1. After all sprinkler pipe lines and risers are in place and connected, open the control valves and flush out the system with a full head of water. E. Installing piping under existing pavement: 1. Piping under existing pavement maybe installed by jacking & boring. 2. Secure permission from the Engineer before cutting or breaking any existing pavement. All repairs and replacements shall be approved by Engineer and shall be accomplished at no additional cost. 25.1.3.3.5 CONTROLLERS A. Install all automatic controllers as shown in the plans. 1. The location of all controllers shall be approved by the Engineers representative prior to installation. 25.1.3.3.6 REMOTE CONTROL VALVES A. Install at sufficient depth to provide not more than G in., nor less than 4 in. cover from the top of the valve to finish grade. B. Install valves in a plumb position with 24 in. minimum maintenance clearance from other equipment, 3 feet minimum from edges of sidewalks, buildings, and walls, and no closer than 7 feet from the back of curb or edge of pavement along roadways. C. Contractor shall adjust the valve to provide the proper flow rate or operating pressure for each sprinkler zone. 25.1.3.3.7 GATE VALVES A. Install where indicated and with sufficient clearance from other materials for proper maintenance. B. Check and tighten valve bonnet packing before backfill. 25.2 LANDSCAPE 25.2.1 GENERAL 25.2.1.1 RELATED DOCUMENTS A. The Contract Documents shall include the Plans, Details, Specifications, Bid Proposal, Contract Agreement, including Installation Schedule, all Addenda, and Contractual and Special Conditions when required. SectionlV-Ldoc Page 36 of 127 10/13/2008 Section IV - Technical Specifications 25.2.1.2 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with Federal, State, Local, and other duly constituted authorities and regulatory agencies, without additional cost to the Owner in matters pertaining to codes, safety, and environmental matters. B. Any permits for the installation or construction of any of the work included under the contract, which are required by any of the legally constituted authorities having jurisdiction, shall be arranged for by the Contractor and paid for directly by the Contractor, unless otherwise agreed upon in writing. 25.2.1.3 SCOPE OF WORK A. All provisions of Contract, including General and Special Provisions and Plans, apply to the work specified in this Section. The Scope of Work includes everything for and incidental to executing and completing all landscape work shown on the Plans, Schedules, Notes and as specified herein. B. Furnish and provide all labor, plants and materials tools and equipment necessary to prepare the soil for plantings, to install and care for all plant materials (including finish grading if necessary); to remove and/or transplant existing plants if indicated; to furnish, plant, fertilize, guy and brace, water, mulch and prune all new plant materials; and to execute all other Work as described herein or indicated on the Plans. C. Work under this Section shall include labor and materials for final grading and raking to prepare the site for sodding, sprigging, or seeding, so finished lawn or playing field will appear even and uniform, will drain adequately, and will comply with the intent of the landscape drawings. D. Initial maintenance of landscape materials as specified in this document. 25.2.1.4 QUALITY ASSURANCE A. Landscape work shall be contracted to a single firm specializing in landscape work, who shall in turn subcontract no more than 40% of the work specified. All subcontractors under the control of the Contractor involved in the completion of the landscape work, shall be made known to the Owner and the Landscape Architect prior to their commencement of work on the project. B. All work of this Section shall conform to the highest standard of landscape practices. C. The Plant Material Schedule included with these Plans is provided only for the Contractor's convenience; it shall not be construed as to conflict or predominate over the Plans. If conflict between the Plans and Specifications exists, the Plan shall predominate and be considered the controlling document. D. During this work, the Contractor shall be responsible for maintaining safety among persons in his employ in accordance with the standards set by The Occupational Safety and Health Act of 1970 (and all subsequent amendments). Owner and Landscape Architect shall be held harmless from any accident, injury or any other incident resulting from compliance or non-compliance with these standards. E. The Contractor shall cooperate with and coordinate with all other trades whose work is built into or affects the work in this Section. SectionIV-I.doc Page 37 of 127 10/13/2008 Section N - Technical Specifications break branches or destroy natural shape. Provide protective covering during delivery. If plant delivery is made in open vehicles, the entire load shall be suitably covered. B. All plants are to be handled at all times so that roots or root balls are adequately protected from sun, cold, or drying winds. No root balls for trees and container plants that have been cracked or broken shall be planted except upon special approval. Plants shall not be pulled by the tops or stems, nor handled in a rough or careless manner at any time. C. Balled and burlapped plants shall be moved with firm, natural, balls of soil, not less than 1 foot diameter of ball to every 1 inch caliper of trunk; root ball depth shall not be less than 2/3 of root ball diameter. B & B plants which cannot be planted upon delivery shall have their root balls covered with moist soil or mulch. D. Trees shall be dug with adequate balls, burlapped, and wire bound if needed. Root pruning to be done a minimum of 4 weeks before removal from the field and planting at the site. Root balls may not be encased in "grow bags" or other synthetic material, except plastic shrink wrap for transport only. E. Remove all fronds form sabal palms prior to planting, but leave a minimum of 12 inches of new frond growth above the bud. Do not damage bud. On all other palms, only a minimum of palm fronds shall be removed from crown to facilitate moving and handling. Clear trunk shall be determined after minimum fronds have been removed. Boots shall be removed from trunk unless otherwise specified. Palms shall be planted within 24 hours of delivery. F. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and cover to keep the roots moist. G. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. H. Sod: Time delivery so that sod will be placed within twenty-four (24) hours after stripping. Protect sod against drying and breaking by covering palettes of sod or placing in a shaded area. 25.2.1.9 JOB CONDITIONS 25.2.1.9.1 ACCEPTANCE OF JOB CONDITIONS. A. The Contractor shall examine the sub-grade, verify elevations, observe the conditions under which work is to be performed and notify the Landscape Architect or Project Representative in writing of unsatisfactory conditions prior to beginning work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Landscape Architect. Start of work shall indicate acceptance of conditions and full responsibility for the completed work. B. Proceed with and complete the landscape work as rapidly as portions of the site become available, working within the seasonal limitations for each kind of landscape work and following the approved schedule. If seasonal limitations apply, notify the Landscape Architect for adjustments to the Schedule. SectionIV-l.doc Page 40 of 127 10/13/2008 Section IV - Technical Specifications C. Determine locations of all underground utilities and review for conflicts with planting procedures. D. When adverse conditions to plant growth are encountered, such as rubble fill, drainage conditions or obstruction, the Contractor shall notify the Landscape Architect in writing prior to planting. E. Plant trees and shrubs after final grades are established and prior to the planting of lawns, protecting lawn trees and promptly repairing damages from planting operations. 25.2.1.9.2 SCHEDULING OF WORK A. The work shall be carried out to completion with the utmost speed. Immediately upon award of contract, the Contractor shall prepare a construction schedule and furnish a copy to the Owner's Representative and/or the Landscape Architect for approval. The Contractor shall carry out the work in accordance with the approved schedule. B. If the Contractor incurs unforeseen costs, such as overtime hours, holidays, etc. in order to complete the work within the time stated in the Contract, and/or to maintain the progress schedule, all said costs shall be borne by the Contractor at no additional cost to the Owner. C. The Owner's Representative's may request in writing work stoppage. Upon written request from the Owner's Representative, the Landscape Contractor shall suspend delivery of material and stop all work for such a period as deemed necessary by the Owner, the Owner's Representative, or the General Contractor with respect to any additional costs which may result from work stoppage. 25.2.1.9.3 UTILITIES A. The Contractor shall perform work.in a manner which will avoid conflicts with utilities. Hand excavate, as required, to minimize possibility of damage to underground utilities. Maintain grade stakes set by others until removal is mutually agreed upon by all parties concerned. 25.2.2 PRODUCTS 25.2.2.1 MATERIALS 25.2.2.1.1 PLANT MATERIALS: NOMENCLATURE A. Plant species, sizes, etc. shall be per Plans and Specifications on Plant Material Scheduled. Nomenclature is per Manual of Cultivated Plant, Standard Encyclopedia of Horticulture, L.H. Bailey, or Standardized Plant Names Dictionary, American Joint Committee on Horticultural Nomenclature (latest editions), or conforms with names accepted in the nursery trade. 25.2.2.1.2 PLANT MATERIALS: QUALITY ASSURANCE A. Provide healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project. Plants shall have a habit of growth that is normal for the species and be sound, healthy, vigorous and free from insect pests or their eggs, plant diseases, defects and injuries. Plants shall be well branched and densely foliated when in leaf and shall have healthy, well-developed root systems. SectionIV-1.doc Page 41 of 127 10/13/2008 Section N - Technical Specifications B. Trees shall be heavily branched or, in the case of palms, be heavily leafed. Some plant materials may be collected stock with the approval of the Landscape Architect. Provided tree species that have a single main trunk (central leader), unless otherwise stated. Trees that have the main trunk forming a "Y" shape or parallel branching are not acceptable. C. Plant materials shall be specified and shall be Florida #1 or better as to shape and quality for the species as outlined in Grades and Standards for Nursery Plants Part I and II, Florida Department of Agriculture and Consumer Services (latest edition). D. The Owner or Landscape Architect reserves the right to inspect plant materials either at the place of growth or at the project site prior to planting for compliance with requirements for name variety, size quality, or designated area. E. Landscape materials shall be shipped with certificates of inspection as required by governmental authorities. The Contractor shall comply with all governing regulations that are applicable to landscape materials. F. Do not make substitutions. If specified landscape material is not available, submit Landscape Architect proof of it being non-available. In such event, if the Landscape Architect designates an available source, such shall be acquired from designated source. When authorized, a written change order for substitute material will be made by adjustment to Contract amount. G. Height and/or width of trees shall be measured from ground up; width measurement shall be normal crown spread of branches with plants in the normal position. This measurement shall not include immediate terminal growth. All measurements shall be taken after pruning for specified sizes. All trees and shrubs shall conform to measurements specified in the plant material schedule, except that plant material larger than specified may be used with the approval of the Owner or Landscape Architect; with no increase to the Contract price. Plant materials shall not be pruned prior to delivery. H. Plant Material shall be symmetrical, typical for variety and species. Plants used where symmetry is required shall be matched as nearly as possible. I. Balled and burlapped plants shall have firm, natural balls of earth of sufficient diameter and depth to encompass the feeding root system necessary for full development of the plant and to conform with the standards of the American Association of Nurserymen. Root balls and tree trunks shall not be damaged by improper binding and B & B procedures. 7. Container-grown plants may be substituted for balled and burlapped plants or vice-versa provided the quality is equal or better than specified and the Landscape Architect approves the substitution. K. Container grown stock shall have been grown in containers for at least four months, but not over two years. If requested, samples must be shown to prove no root bound condition exists. 25.2.2.1.3 GRASSES: SOD OR SEED A. Sod or seed (as/if specified) shall be a species as stated on the Plan. Solid sod shall be of even thickness and with a good root structure, 95% free of noxious week, freshly mowed before cutting, and in healthy condition when laid. It must not be stacked more than 24 SectionrV-l.doc Page 42 of 127 10/13/2008 Section IV - Technical Specifications hours before laying and it must be grown in soil compatible to that in which it will be installed. Sod must be kept moist prior to and after installation. B. Seed shall be delivered to the site in unopened bags with certification tags in place. Purity, germination and weed content shall be as certification requirements. 25.2.2.1.4 MULCH A. Mulch shall be 100% Grade "B" shredded cypress bark mulch, thoroughly mixed with a pre-emergence weed killer according to the label directions as specified on the plan. B. Install mulch to an even depth of 3" before compaction. 25.2.2.1.5 FERTILIZER A. Granular fertilizer shall be uniform in composition; free flowing and suitable for application with approved equipment; received at the site in full, labeled, unopened bags bearing the name, trade name or trademark and warranty of the producer; fully conforming to State of Florida fertilizer laws. B. All fertilizer shall bear the manufacturer's statement of analysis and shall contain the appropriate minimum amounts of elements for the type of use specified herein. C. Agriform 20-10-5 fertilizer tablets or approved equal, shall be placed in planting pit for all plant materials at time of installation and prior to completion of pit backfilling. D. Ground cover and annual areas shall receive fertilization with Osmocote Time Release Fertilizer according to product instructions and rate. E. For sod and seeded areas, fertilize with a complete granular fertilizer on Bahia and St. Augustine grass at the rate of one (1) pound of nitrogen per one thousand (1,000) square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 50% of the nitrogen being in slow or controlled release form. The ratio of nitrogen to potash will be 1:1 or 2:1 for complete fertilizer formulations. Phosphorus shall be no more than i/4 the nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). 25.2.2.1.6 STAKES AND GUYS A. For trees, approved plastic or rubber guys shall be used between the stakes and the tree trunk. Galvanized steel guy wire shall not be used. B. Stakes shall be cut from 2" x 4" pressure treated (p.t.) stock for trees over 2" caliper. Stakes shall be 2" x 2" pressure treated (p.t.) stock for trees 2" caliper and under. A minimum of 2 stakes per tree or an optional 3 stakes per tree shall be used. C. For single trunk palms, stakes shall be cut from 2" x 4" pressure treated (p.t.) stock, with a minimum of 3 stakes per palm. Batten consisting of 5 layers of burlap and 5 - 2" x 4" by 16" wood connected with two - V steel bands shall be used around the palm trunk. D. Other tree staking systems may be acceptable if approved. 25.2.2.1.7 PLANTING SOIL A. Unless stated on the plans or in the specifications, install plant material in tilled and loosened native soil backfill. It is the responsibility of the Landscape Contractor to test, SectionIV-l.doc Page 43 of 127 10/13/2008 Section N - Technical Specifications prior to planting and at no additional cost to the Contract, any soils which may be unsuitable for the vigorous growth of plants. Unsuitable conditions shall be reported to the Landscape Architect immediately in writing. B. When required, planting soil media shall be provided by the Contractor and shall consist of 1/3 peat and 2/3 sandy loam, with no lumps over 1". C. Backfill and clean fill dirt provided by the Contractor shall be in a loose, friable soil. There must be slight acid reaction to the soil (about 6.0 - 6.5 pH) with no excess of calcium or carbonate, and it shall be free from excess weeds, clay lumps, stones, stumps, roots and toxic substances or any other materials that might be harmful to plant growth or a hindrance to grading, planting, and maintenance procedures and operations. No heavily organic soil, such as muck or peat shall be used as fill dirt. D. Bed preparation for annual beds under 1 gallon container size shall consist of 3" of Florida peat or other approved organic soil amendment spread over full length and width of planting area. Rototil organic layer 6 inches to 8 inches into native soil. 25.2.2.1.8 SOIL AMENDMENTS A. Terra-Sorb AG or approved equal, soil amendment shall be mixed with native or planting soil for all trees, shrubs, ground cover, and annuals according to manufacturer's recommended application rates and methods, if specified on the Plans. 25.2.2.1.9 TREE PROTECTION A. Wood fencing shall be 2" x 4" pressure treated (p.t.) stock with flagging on horizontal members. Space vertical members 6 feet to S feet on center. The barricade shall be placed so as to protect the critical protection zone area, which is the area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height DBH at 4 - % feet above grade. 25.2.2.1.10 ROOT BARRIER SYSTEM A. Root barrier fabric shall be installed when specified in the plans and/or specifications for protection of adjacent paved surfaces according to specific product name or equal. Install as directed by the manufacturer. 25.2.2.1.11 PACKAGED MATERIALS A. Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at the site. 25.2.2.1.12 PESTICIDES A. Pesticides shall be only approved, safe brands applied according to manufacturer's directions. SectionN-l.doc Page 44 of 127 10/13/2008 Section IV - Technical Specifications 25.2.3 EXECUTION 25.2.3.1 PREPARATION 25.2.3.1.1 OBSTRUCTIONS BELOW GROUND A. It shall be the responsibility of the Contractor to locate and mark all underground utilities, irrigation lines and wiring prior to commencement of the work. B. If underground construction, utilities or other obstructions are encountered in excavation of planting areas or pits, the Landscape Architect shall be immediately notified to select a relocated position for any materials necessary. 25.2.3.1.2 GRADING AND PREPARATION FOR PLANT MATERIALS A. All proposed landscape areas containing existing turf grass or weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. All proposed landscape areas adjacent to water bodies shall be treated with "Rodeo" per the manufacturer's specifications. B. New plant materials will not be installed until a 98% weed/turf eradication has been achieved. More than one application may be required to produce an acceptable planting bed. C. Pre-emergent herbicides are not a substitute for spray treatment of "Round-Up" or "Rodeo", and may be used only with the written approval of the Landscape Architect. D. Should any plant material in the same, or adjacent beds be damaged by these chemicals, the same size, quantity and quality of plants shall be immediately replaced by the Contractor at no cost to the Owner. E. Any necessary corrections or repairs to the finish grades shall be accomplished by the Contractor. All planting areas shall be carefully graded and raked to smooth, even finish grade, free from depressions, lumps, stones, sticks or other debris and such that they will conform to the required finish grades and provide uniform and satisfactory surface drainage without puddling. F. The Contractor shall remove debris (sticks, stones, rubbish) over 1 - V2 inches in any dimension form individual tree, shrub and hedge pits and dispose of the excavated material off the site. 25.2.3.1.3 PREPARATION FOR ANNUAL BED PLANTING A. Prepare native subgrade by rototilling or loosening by hand methods. Spread 3 inches of Florida peat (1/3), sandy loam (1/3), or other approved organic soil amendment over the full length and width of planting area for annuals. Rototill organic layer 6 inches to 8 inches into the native soil. Grade the planting bed by "crowning' to insure that surface drainage, percolation, and aeration occur at rapid rates. Add Osmocote time release fertilizer according to product instructions and rate. 25.2.3.1.4 PREPARATION FOR SEEDING AND SOD AREAS A. All proposed sod areas containing existing turf grass or weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. All proposed sod areas SectionIV-l.doc Page 45 of 127 10/13/2008 Section IV - Technical Specifications adjacent to water bodies shall be treated with "Rodeo" per the Manufacturer's Specifications. B. Limit preparation to areas which will be planted promptly after preparation. Loosen sub- grade of seed and sod areas to a minimum depth of 4 inches. C. Immediately prior to any turf work, the Contractor shall finish grade the soil to a smooth, even surface assuring positive drainage away from buildings and the subsequent turf flush to the tops of adjacent curbs and sidewalks. The surface shall be sloped to existing yard drains. D. A complete fertilizer shall be applied to St. Augustine or Bahia grass at a rate of one (1) pound of nitrogen per 1000 square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 505 of the nitrogen being in slow or controlled release form. Thoroughly work fertilizer into the top 4 inches of soil. E. Moisten prepared seed and sod areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 25.2.3.2 INSTALLATION 25.2.3.2.1 BERM CONSTRUCTION (IF SPECIFIED) A. Install berms at location and design shown on Plans and at the height and slope indicated. Height stated is for finished berm with soil at natural compaction. B. Exact location and configuration of berms may require modification to allow proper drainage; such changes will be coordinated with the Landscape Architect. C. If shown on the Plan, construct berms using clean sandy loam fill dirt which is well- drained, free of rocks, roots, or other debris, with a soil pH of an acid Nature (about 6.0 - 6.5). No heavily organic soil, such as muck or peat shall be used in berm construction. 25.2.3.2.2 LAYOUT OF PLANT MATERIALS A. Unless otherwise stipulated, plant materials shall be approximately located per the plans by scale measurements using established building, columns, curbs, screen walls, etc. as the measuring reference point. Slight shifting may be required to clear wires, prevent blockage of signage, etc. B. Shrubs and ground covers shall be located and spaced as noted on the plant material schedule (if provided), otherwise plants will be placed in the planting beds at the normally accepted spacing for each species. C. Leave an 18 inch (450 millimeters) border of mulched space between outer leaves of installed plant material and the bed line, curb, or building foundation wall for all plant sizes. D. Any necessary "minor" adjustments in the layout of planting shall be made by the Contractor with the approval of the Landscape Architect in order to conform as nearly as possible to the intent of the plans. SectionIV-I.doc Page 46 of 127 10/13/2008 Section N - Technical Specifications 25.2.3.2.3 PLANTING PROCEDURES A. All shrubs, trees and ground covers or vines shall be planted in pits having vertical sides and being circular in outline. Planting pit shall be 3 to 5 times the width of the root ball. B. Plants shall be set straight or plumb, in the locations shown, at such level that after settlement normal or natural relationship of the top of the root ball with the ground surface will be established. With regards to proper nursery practices, plants under certain conditions (i.e. low and wet areas) will benefit from being planted "high" with the root ball about 1 inch higher than the surrounding grade. C. All plant materials shall be fertilized with Agriform 20-10-5 planting tablets, or approved equal, at time of installation and prior to completion of pit backfilling. Agriform planting tablets shall be placed uniformly around the root mass at a depth that is between the middle and the bottom of the root mass. Application rate: 1 gallon 1 - 21 gram tablet 3 gallon 2 - 21 gram tablet 5 gallon 3 - 21 gram tablet 7 gallon 4 - 21 gram tablet Trees 3 tablets each V2" (12 millimeters) caliper Palms 7- 21 gram tablets D. Native soil shall be used in back-filling plant pits or as specified. The Contractor shall be responsible for providing additional soil for building tree saucers. E. When balled and burlapped plants are set, undisturbed native soil shall be left under the base of the root ball to prevent voids. Backfill tilled and loosened native soil around the sides of the root ball. Remove the top 4 inches (100 millimeters) of burlap wire, and all tie-down material from the root ball. Do not remove these materials from the bottom of the root ball. Thoroughly water-in before bringing the back-fill up to the proper grade Roots of bare plants shall be properly spread out, and planting soil carefully worked in among them. Failure to comply is cause for rejection. F. Containerized plants shall be installed with undisturbed native soil left under the base of the root ball to prevent voids. Planting pit shall be 3 to 5 times the width of the root ball. Backfill tilled and loosened native soil around the sides of the root ball. Thoroughly water-in before bringing the backfill up to the proper grade. G. Plant spacing shall be "on center" and varies with the different plant species. Space each variety of plant equally in the planting areas. Shrubs and ground covers adjacent to straight or curved edges shall be triangular - spaced in rows parallel to those edges. Plant a minimum of 18 inches from the back of the curb to the outside edge of the plant. H. All azaleas shall be placed into a prepared bed of amended soil containing 50% weed-free Florida peat or approved equivalent. Root balls shall be scarified vertically at 120 degree angles in a triangular pattern. I. Sabal palms may be planted deeper than normal if conditions warrant and if approved. SectionrV-l.doc Page 47 of 127 10/13/2008 Section N - Technical Specifications 25.2.3.2.4 SODDING A. During periods of drought, sod shall be watered sufficiently at its origin to moisten the soil adequately to the depth to which it is to be cut. B. An application of 6-6-6, 40% organic, slow or controlled release fertilizer shall be made to all lawn areas just prior to the laying of the sod at a rate of one (1) pound of nitrogen per 1,000 square feet. The ground shall be wet down before the sod is laid in place. C. Solid sod shall be laid tightly with closely abutting staggered joints with an even surface edge and sod edge, in a neat and clean manner to the edge of all the paving and shrub areas. Cut down soil level to 1 inch to 1-1/2 inches below top of walks prior to laying sod. D. Within 2 hours after installing sod and prior to rolling, irrigate the sod. Sufficient water shall be applied to wet the sod thoroughly and to wet the sod to a depth of 2 inches (50 millimeters). Watering shall be done in a manner that will avoid erosion due to the application of excessive quantities, and the watering equipment shall be a type that will prevent damage to the finished sod surface. Watering shall be repeated as necessary to keep sod moist until rooted to subgrade. E. The sod shall be pressed firmly into contact with the sod bed using a turf roller or other approved equipment so as to eliminate air pockets, provide a true and even surface and insure knitting without any displacement of the sod or deformation of the surfaces of sodded areas. After the sodding operation has been completed, the edges of the area shall be smooth and shall conform to the grades indicated. F. If, in the opinion of the Landscape Architect, top dressing is necessary after rolling, clean silica sand shall be used to fill voids. Evenly apply sand over the entire surface to be leveled, filling-in dips and voids and thoroughly washing into the sod areas. G. On slopes steeper than 2:1 and as required, the sod shall be fastened in place with suitable wooden pins or by other approved method. 25.2.3.2.5 SEEDING A. Seed shall be installed per the specifications of the State of Florida Department of Transportation. See plan for type of seed. 25.2.3.2.6 TREE GUYING, BRACING AND STAKING A. Tree guying, staking and bracing shall be the responsibility of the Contractor per sound nursery practices, and shall be done per details shown on the Plans. For trees, a minimum of 2 stakes per tree or an optional 3 stakes per tree at 120 degree spacing shall be used. Stakes shall be driven in at an angle, then tightened to vertical supported by approved plastic or rubber guys. Trees shall be staked with a minimum of 4 feet height of stake above grade and a minimum of 30 inches of stake below grade. B. For single trunk palms, a minimum of 3 stakes per palm at 120 degree spacing shall be used. Toenail the stakes to batten consisting of 5 layers of burlap and 5- 2 inch x 4'inch x 16 inch wood connected with two % inch steel bands. Palms shall be staked with a minimum of 5 feet of stake above grade. C. Contractor shall remove all tree guying, staking, and bracing from trees six (6) months after the date of final acceptance of the landscape work. SectionIV-l.doc Page 48 of 127 10/13/2008 Section N - Technical Specifications D. Stake only trees that require support to maintain a plumb position or are in potentially hazardous areas. 25.2.3.2.7 MULCHING A. All planting beds shall be weed-free prior to mulching. B. All curb, roadway, and bed line edges will be "trenched" to help contain the applied mulch. C. All plant beds and tree rings shall be mulched evenly with a 3 inch layer (before compaction) of 100% Grade B recycled cypress bark mulch, or other mulch as specified on the Plans or General Notes. D. Mulch shall not be placed against the trunks of plant materials or foundations of buildings. Maintain a minimum 3 inch clearance for trees and shrub trunks and a minimum 6 inch clearance for the walls of buildings. E. For beds of annual flowers, a 12 inch wide x 3 inch deep band of mulch shall be installed in front of the first row of annuals. Maintain a minimum 6 inches of non-mulched clearance from the outside edge of annuals. 25.2.3.2.8 PRUNING A. Pruning shall be done by an experienced certified Arborist to maintain the natural shape and form of the plant. B. Upon acceptance by the Owner, prune any broken branches, remove crossed branches, and branches hanging below the clear trunk of the tree. 25.2.3.2.9 CLEAN-UP A. During landscape work, store materials and equipment where directed by the Owner. B. The Contractor shall promptly remove any materials and equipment used on the job, keeping the area neat at all times. Upon completion of all planting, dispose of all excess soil and debris leaving pavements and work areas in safe and orderly condition. C. The clean-up of the site shall include the removal and proper disposal of the tree guying, staking, and bracing materials as described in specifications. 25.2.3.2.10 PROTECTION A. The Contractor shall provide safeguards for the protection of workmen and others on, about, or adjacent to the work, as required under the parameters of the Occupational Safety and Health Administration (0.S.H.A.) standards. B. The Contractor shall protect the Owner's and adjacent property from damage. C. the Contractor shall protect the landscape work and materials from damage due to landscape operations. Maintain protection during installation and maintenance periods. D. The Contractor shall provide protection (tree barricades) for all existing trees and palms as specified. SectionIV-l.doc Page 49 of 127 10/13/2008 Section N - Technical Specifications 25.2.3.2.11 REPAIR OF DAMAGES E. The Contractor shall repair all damage caused by his operations to other materials, property, or trades to a level equal in quality to the existing condition prior to damage. F. The Contractor shall be held responsible for all damage done by his work or employees to other materials or trades' work. Patching and replacement of damaged work may be done by others, at the Owner's direction, but the cost of same shall be paid by the Contractor who is responsible for the damage. 25.2.3.3 MAINTENANCE A. The Contractor shall maintain all plant materials in a first class condition from the beginning of landscape construction until Final Acceptance. B. Operations: 1. Maintenance shall include, but not be limited to, watering of turf and planting beds, mowing, fertilizing, cultivation, weeding, pruning, disease and pest control, replacement of dead materials, straightening, turf or planter settlement corrections, replacement of rejected materials, staking and guying repair and tightening, wash-out repairs and regrading, and any other procedures consistent with the good horticultural practice necessary to insure normal, vigorous and healthy growth of all work under the Contract. Mowing shall be consistent with the recommended height per the University of Florida Cooperative Extension Service. 2. Within the warranty period, the Contractor shall notify the Owner of any maintenance practices being followed or omitted which would be detrimental to the healthy, vigorous growth of the landscape. 3. The Contractor shall be responsible for the final watering of not less than one inch of water for all planted materials before leaving the site. 25.2.3.4 INSPECTION, REJECTION, AND ACCEPTANCE 25.2.3.4.1 INSPECTION A. Upon completion of the installation, the Contractor will notify the Owner or the Owner's Representative that the job is ready for inspection. Within 15 days of notifications, the installation will be inspected by the Landscape Architect. A written and/or graphic inspection report will be sent to the Owner and/or Landscape Contractor. 25.2.3.4.2 REJECTION AND REPLACEMENT A. The Landscape Architect shall be final judge as to the suitability and acceptability of any part of the work. Plant material will be rejected if it does not meet the requirements set forth in Plans and Specifications. B. Replace any rejected materials immediately or within 15 days and notify the Landscape Architect that the correction has been made. SectionrV-l.doc Page 50 of 127 10/13/2008 Section N - Technical Specifications 25.2.3.4.3 ACCEPTANCE A. After replacement of rejected plant material (if any) have been made, and completion of all other correction items, the Owner or Project Representative will accept the project in writing. B. Upon Final Acceptance, the Owner assumes responsibility for maintenance within the terms of the Contract. Acceptance will in no way invalidate the Contractor's warranty period. C. The Contractor's warranty period will begin after final acceptance of the project by the Owner. 1. If evidence exists of any lien or claim arising out of or in connection with default in performance of this Contract, the Owner shall have the right to retain any payment sufficient to discharge such claim and all costs in connection with discharging such claim. 2. Where the Specifications call for any stipulated item or an "approved equivalent", or in words to that effect, the Contractor shall indicate the price of the type and species specified in the proposal, giving the price to be added or deducted from his Contract price. The final selection rests with the Owner or his representative. 3. Where plants installed do not meet specifications, the Owner reserves the right to request plant replacement or an appropriate deduction from the Contract amount to compensate for the value not received from the under-specified plant materials. No additional compensation will be made to the Contractor for plants installed that exceed specifications. 25.2.3.5 WARRANTY A. The Contractor shall warranty all palms and trees furnished under this contract for a period of one (1) year and all shrubs for a period of sic (6) months. Material which is either dead or in poor health during this period or at completion will be replaced at no charge to the Owner. Should any of the plant materials show 50% or more defoliation during the warranty period, due to the Contractor's use of poor quality or improper materials or workmanship, the Contractor upon notice, shall replace without delay same with no additional cost to the Owner. Should any plant require replacing, the new plant shall be given the equal amount of warranty. 26 HDPE DEFORMED - REFORMED PIPE LINING 26.1 INTENT It is the intention of this specification to provide for the trenchless restoration of 8" to 12" sanitary sewers by the installation of a high density polyethylene, jointless, continuous, fold and form pipe liner which is watertight and chemically resistant to withstand exposure to domestic sewage including all labor, materials and equipment to provide for a complete, fully restored and functioning installation. SectionlV-l.doc Page 51 of 127 10/13/2008 Section N - Technical Specifications 26.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY The City requires that all contractors be prequalified. See General Conditions regarding contractor prequalification. In addition, the City requires a proven extensive tract record for the fold and form liner system to be used in this project. All contractors submitting for prequalification approval for this project must exhibit extensive satisfactory experience in the installation of the proposed liner system and satisfactory evidence that the proposed liner system has been extensively and successfully installed in the Unites States and the State of Florida. The installer must be certified by the liner system manufacturer for installation of the liner system. The City reserves full and complete authority to approve the satisfactory nature of the both the liner system and the installer. 26.3 MATERIALS Pipe shall be made from P. E. 3408 polyethylene resins complying with ASTM D 3350, cell classification: P.E. 345434 D for High Density. It shall be Type 3, Grade 4, Class D, according to ASTM D 1248. The Contractor shall provide certified test results for review by the Engineer, from the manufacturer, that the material conforms with the applicable requirements. Material shall have a minimum thickness of SDR 32.5. Pipe specimens shall comply with the minimum property values shown below with the applicable ASTM requirements: Material Pro e ASTM Method Value HDPE Tensile Strength D 638 3,300 psi HDPE Elasticity Modulus E=113,000 psi Impact Strength D 256 A 3.0 ft-lb/in Flexure Modulus E=136,000 psi Expansion Coeff. c=0.009 in/in/deg F At the time of manufacture, each lot of liner shall be reviewed for defects and tested in accordance with ASTM D 2837 and D 1693. At the time of delivery, the liner shall be homogeneous throughout, uniform in color, free of cracks, holes, foreign materials, blisters, or deleterious faults. The Contractor shall provide, as requested, certified test results for review by the Engineer, from the manufacturer, that the material conforms with the applicable requirements. The Engineer may at any time request the Contractor provide test results from field samples to the above requirements. Liner shall be marked at 5-foot intervals or less with a coded number, which identifies the manufacturer, SDR, size, material, date, and shift on which the liner was extruded. Lining manufacturer shall submit to the Engineer for approval as requested, complete design calculations for the liner thickness. The criteria for liner design shall be HS-20 traffic loading, water table to the ground surface, minimum expected lifetime of 50 years, and no structural strength retained from the existing pipe. Liner materials shall meet manufactures specifications of Pipe Liners, Inc. 3421 N. Causeway, Suite 321, New Orleans, LA 70002, 1-800-344-3744 or approved equal. Any approved equal liner system must be approved by the Engineer as an equal system prior to receiving bids. Request for contractor prequalification and/or equal liner system SectionIV-l.doc Page 52 of 127 10/13/2008 Section N - Technical Specifications approval must be received by the Engineer no later than 14 days prior to the date for receiving bids. 26.4 CLEANING/SURFACE PREPARATION It shall be the responsibility of the Contractor to clean and prepare the existing pipes for rehabilitation. The Contractor will thoroughly clean the interior of the sewers to produce a clean interior surface free of all coatings, sand, rock, roots, sludge, or other deleterious materials prior to liner insertion. Bypass pumping will be provided by the Contractor as part of the unit cost of restoration. Bypass operations are to be so arranged as to cause minimum disruptions to local traffic, residents and particularly to commercial facilities. During the cleaning and preparation operations all necessary precautions shall be taken to protect the public, all property and the sewer from damage. All material removed from the sewers shall be the Contractor's responsibility for prompt disposal in accordance with all regulatory agency requirements. The Contractor may be required to control the rate of sewer cleaning in the sanitary system to avoid heavy pollution loads at the City's treatment plants. 26.5 TELEVISION INSPECTION After cleaning, and again after the rehabilitation work on each section of the project is completed, all pipe sections shall be visually inspected by means of closed-circuit color television, and recorded on VHS format tapes provided to the project engineer. The television system used shall be designed for the purpose and suitably lighted to provide a clear picture of the entire periphery of the pipe. 26.6 LINER INSTALLATION Liner shall be sized to field measurements obtained by the Contractor to provide a tight fit to the full interior circumference of the existing sanitary sewer and shall be a continuous, jointless liner product from inside of manhole to inside of manhole. Contractor shall use installation methods approved by the liner manufacturer including liner placement, reforming to fit existing pipe, pressure and heat requirements and reconnection of laterals. The Contractor shall immediately notify the Engineer of any construction delays taking place during the insertion operation. Contractor shall maintain a reasonable backup system for bypass pumping should delays or problems with pumping systems develop. Liner entries at manholes shall be smooth, free of irregularities, and watertight. No pinholes, tears, cracks, thin spots, or other defects in the liner shall be permitted. Such defects shall be removed and replaced by the Contractor at his expense. OSHA requirements for installation procedures, in particular, confined spaces are to be met. 26.7 LATERAL RECONNECTION Sanitary laterals shall be reconnected as soon as possible to renew service. Laterals are to be reconnected by means of robotics, by internally cutting out the liner to 100% of the area of the original opening. All lateral reconnections are to be grouted to prevent leakage. Grouting method and material is to be approved by the Engineer. Any reconnections to laterals and connections to manholes which are observed to leak shall be resealed by the Contractor. All laterals discovered during the lining process are to be reconnected unless specifically directed otherwise by the City. The Contractor will be requested to reconnect any laterals discovered to not be reconnected at a later date. Contractor shall notify all local SectionN-l.doc Page 53 of 127 10/13/2008 Section N - Technical Specifications specifications and shall include all materials, equipment, tools, welded wire mesh where required, labor and incidentals necessary to complete the work. 31 SODDING Unless otherwise noted herein, the contractor shall place all sod, either shown on the plans or at the direction of the Engineer, in conformance with Sections 575, 981, 982 and 983 of FDOT's Standard Specifications (latest edition). The area for sod application shall be loosened and excavated to a suitable depth and finished to a grade compatible with existing grass and structures. Sod shall be placed with edges in close contact and shall be compacted to uniform finished grade with a sod roller immediately after placement. In sloped areas, the sod shall be graded and placed so as to prohibit erosion and undermining of the adjacent sidewalk. No sod that has been cut for more than 72 hours can be used unless authorized by the Engineer in advance. The sod shall be thoroughly watered immediately after placement. The Contractor shall continue to water sod as needed and/or directed by the Engineer as indicated by sun exposure, soil, heat and rain conditions, to establish and assure growth, until termination of the contract. Dead sod, or sod not acceptable to the Engineer, shall be removed and replaced by the Contractor at no additional compensation. Any questions concerning the type of existing sod shall be determined by the Engineer. Unless otherwise noted on the plans, payment for sod (including labor, equipment, materials, placement, rolling, watering, etc.) shall be included in other bid items. Payment for these associated bid items may be withheld until the Contractor provides the City a healthy, properly placed stand of grass. When this work is given as a separate bid item, it shall cover all labor, equipment and materials, (including water) required for this work and shall be paid for on the basis of each square foot in place and accepted. No payment for sod shall be made until the Contractor provides the City a healthy, properly placed stand of grass. 32 SEEDING Seed, or seed and mulch, shall only be used when specified for certain demolition projects. The seed and/or mulch shall be placed as called for on the plans in the following manner. The area to be seeded shall be brought to the required line and grade, fertilized and seeded in basic conformance with the latest edition of FDOT's Standard Specifications Sections 570, 981, 982 and 983. However, no wildflower seed shall be used, and Argentine Bahia Seed shall be used instead of Pensacola Bahia. No sprigging will be required. Also, the addition of 20 lb. of Rye Seed (to total 60 lb. of seed per acre) will be required during the stated periods. It is also required that the Contractor maintain said seed until growth is assured. When this work is given as a bid item, the item shall cover all labor, material, equipment (including water), required for this work, and shall be paid for on the basis of each square yard in place and accepted. If called for on the plans, but not shown as a bid item, then the cost of such work as stated above shall be included in the cost of other work. 33 STORM MANHOLES INLETS CATCH BASINS OR OTHER STORM STRUCTURES For details on specific design of a type of storm structure refer to Part B Index Numbers 200 to 235. SectionN-l.doc Page 56 of 127 10/13/2008 Section IV - Technical Specifications When required, inlets, catch basins or other structures shall be constructed according to the plans and applicable parts of the specifications, Section Numbers 7, 8, & 9, and as approved by the Engineer. Said structures shall be protected and saved from damage by the elements or other causes until acceptance of the work. 33.1 BUILT UP TYPE STRUCTURES Manholes shall be constructed of brick with cast iron frames and covers as shown on the Index Numbers 201 and 202. Invert channels shall be constructed smooth and semi circular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be built up with brick and mortar on top of concrete base. The storm structure floor outside of channels shall be made smooth and sloped toward channels. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of the manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick shall be laid radially with every sixth course being a stretcher course. In cases where a storm pipe extends inside a structure, the excess pipe will be cut off with a concrete saw and shall not be removed with a sledge hammer. 33.2 PRECAST TYPE The manhole base shall be set on a pad of dry native sand approximately five inches thick to secure proper seating and bearing. Precast Manholes and Junction Boxes: The Contractor may substitute precast manholes and junction boxes in lieu of cast in place units unless otherwise shown on the plans. Precast Inlets will not be acceptable. When precast units are substituted, the construction of such units must be in accordance with ASTM C 478, or the standard specifications at the manufacturers option. Precast structures must also meet the requirement that on the lateral faces, either inside or outside, the distance between precast openings for pipe or precast opening and top edge of precast structure be no less than wall thickness. A minimum of four courses of brick will be provided under manhole ring so that future adjustment of manhole lid can be accommodated. Manhole steps shall not be provided. Manhole using O ring between precast sections will not be acceptable for storm structures. 33.3 BASIS OF PAYMENT Payment for Junction Boxes, Manholes or other structures shall be on a unit basis. 34 MATERIAL USED This article deleted. See SECTION III, ARTICLE 19 --- MATERIAL USED. 35 CONFLICT BETWEEN PLANS AND SPECIFICATIONS This article deleted. See SECTION III, ARTICLE 20 - CONFLICT BETWEEN PLANS AND SPECIFICATIONS. SectionIV-1.doc Page 57 of 127 10/13/2008 Section IV - Technical Specifications 36 STREET SIGNS The removal, covering or relocation of street signs by the Contractor is PROHIBITED. All street signs shall be removed, covered or relocated by the City's Traffic Engineering Division in accordance with Sections 700, 994, 995, and 996 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the City's Traffic Engineering Division a minimum of 24 hours in advance of the proposed sign relocation, covering or removal. 37 AUDIO/VIDEO RECORDING OF WORK AREAS 37.1 CONTRACTOR TO PREPARE AUDIOIVIDEO RECORDING Prior to commencing work, the Contractor shall have a continuous color audio/video recording taken along the entire length of the Project including all affected project areas. Streets, easements, rights-of-way, lots or construction sites within the Project must be recorded to serve as a record of a pre-construction conditions. 37.2 SCHEDULING OF AUDIO/VIDEO RECORDING The video recordings shall not be made more than twenty-one (21) days prior to construction in any area. 37.3 PROFESSIONAL VIDEOGRAPHERS The Contractor shall engage the services of a professional videographer. The color audio videotapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of pre-construction color audio-video recording documentation. 37.4 EQUIPMENT All equipment, accessories, materials and labor to perform this service shall be furnished by the Contractor. The total audio video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions. In some instances, audio video coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking. 37.5 RECORDED INFORMATION, AUDIO Each recording shall begin with the current date, project name and be followed by the general location, i.e., viewing side and direction of progress. Accompanying the video recording of each video shall be a corresponding and simultaneously recorded audio recording. This audio recording, exclusively containing the commentary of the camera operator or aide, shall assist in viewer orientation and in any needed identification, differentiation, clarification, or objective description of the features being shown in the video portion of the recording. The audio recording shall also be free from any conversations. SectionIV-I.doc Page 58 of 127 10/13/2008 Section IV - Technical Specifications 37.6 RECORDED INFORMATION VIDEO All video recordings must continuously display transparent digital information to include the date and time of recording. The date information shall contain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. Camera pan, tilt, zoom-in and zoom out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during videotape playback. In addition, all other camera and recording system controls, such as lens focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be properly controlled or adjusted to maximize picture quality. The construction documentation shall be recorded in SP mode. 37.7 VIEWER ORIENTATION The audio and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views of all visible house and business addresses shall be utilized. In areas where the proposed construction location will not be readily apparent to the videotape viewer, highly visible yellow flags shall be placed, by the Contractor, in such a fashion as to clearly indicate the proposed centerline of construction. When conventional wheeled vehicles are used as conveyances for the recording system, the vertical distance between the camera lens and the ground shall not exceed 10 feet. The camera shall be firnily mounted such that transport of the camera during the recording process will not cause an unsteady picture. 37.8 LIGHTING All recording shall be done during time of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. 37.9 SPEED OF TRAVEL The average rate of travel during a particular segment of coverage shall be directly proportional to the number, size and value of the surface features within that construction areas zone of influence. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed forty-four (44) feet per minute. 37.10 VIDEO LOG/INDEX All videotapes shall be permanently labeled and shall be properly identified by videotape number and project title. Each videotape shall have a log of that videotape's contents. The log shall describe the various segments of coverage contained on the video tape in terms of the names of the streets or location of easements, coverage beginning and end, directions of coverage, video unit counter numbers, engineering survey or coordinate values (if reasonably available) and the date. SectionlV-l.doc Page 59 of 127 10/13/2008 Section N - Technical Specifications 37.11 AREA OF COVERAGE Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, drainage system features, mailboxes, landscaping, culverts, fences, signs, Contractor staging areas, adjacent structures, etc. within the area covered by the project. Of particular concern shall be the existence of any faults, fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or right of way at any one time. 37.12 COSTS OF VIDEO SERVICES The cost to complete the requirements under this section shall be included in the contract items provided in the proposal sheet. There is no separate pay item for this work. 38 EROSION AND SILTATION CONTROL 38.1 STABILIZATION OF DENUDED AREAS No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise authorized by the City Engineer. During construction, denuded areas shall be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60) calendar days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures per the original site plan, whether by impervious surface or landscaping. 38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. In no case shall an unstabilized stockpile remain after thirty (30) calendar days. 38.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS During construction, all storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and modified as required by construction progress, and which must be approved by the City Engineer before installation. 38.4 SEDIMENT TRAPPING MEASURES Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment and/or prevent the transport of sediment onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the case of vegetative buffers, protected from disturbance, as a first step in the land alteration process. Such systems shall be fully operative and inspected by the City before any other disturbance of the site begins. Earthen structures including but not limited to berms, earth filters, dams or dikes shall be stabilized and protected from drainage damage or erosion within one week of installation. SectionIV-1.doc Page 60 of 127 10/13/2008 Section IV -- Technical Specifications 38.5 SEDIMENTATION BASINS Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation and will be shown and detailed on construction plans. During development, permanent detention areas may be used in place of silt basins, provided they are maintained to the satisfaction of the City. The Contractor will be required to prohibit discharge of silt through the outfall structure during construction of any detention area and will be required to clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas must be totally cleaned out and operating properly at final inspection and at the end of the one year warranty period. When temporary sedimentation basins are used, they shall be capable at all times of contain-ing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area tributary to the basin. Such capacity shall be maintained throughout the project by regular removal of sediment from the basin. 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES Land alteration and construction shall be minimized in both permanent and intermittent waterways and the immediately adjacent buffer of 25 feet from top of bank of the waterways and the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel work cannot be avoided, precautions must be taken to stabilize the work area during land alteration, development and/or construction to minimize erosion. If the channel and buffer area are disturbed during land alteration, they must be stabilized within three (3) calendar days after the in channel work is completed. Silt curtains or other filter/siltation reduction devices must be installed on the downstream side of the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided by the contractor and removed when construction is completed. The area of the crossing shall be restored to a condition as nearly as possible equal to that which existed prior to any construction activity. 38.7 SWALES, DITCHES AND CHANNELS All swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All other interior swales, etc., including detention areas will be sodded prior to issuance of a Certificate of Occupancy. 38.8 UNDERGROUND UTILITY CONSTRUCTION The construction of underground utility lines and other structures shall be done in accordance with the following standards: a. No more than 400 lineal feet of trench shall be open at any one time; b. Wherever consistent with safety and space consideration, excavated material shall be cast to the uphill side of trenches. Trench material shall not be cast into or onto the slope of any stream, channel, road ditch or waterway. 38.9 MAINTENANCE All erosion and siltation control devices shall be checked regularly, especially after each rainfall and will be cleaned out and/or repaired as required. SectionIV-Ldoc Page 61 of 127 10/13/2008 Section IV - Technical Specifications 38.10 COMPLIANCE Failure to comply with the aforementioned requirements may result in a fine and/or more stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order". City of Clearwater Standard Detail Drawings No. 601 and 607 are examples of accepted methods that may be used or required to control erosion and siltation. SectionIV-l.doc Page 62 of 127 10/13/2008 Section N - Technical Specifications City of Clearwater.- Erosion Control This notice is to inform the prime contractor that the City of Clearwater holds them responsible for soil erosion control on their site. The City of Clearwater Engineering Department has the responsibility to minimize the amount of soil erosion into the City's streets, storm sewers and waterways. The construction of a new residence or commercial site and major remodeling of an existing site creates a potential for soil erosion. These instances are usually the result of contractors and subcontractors accessing the property with equipment or construction materials. Then rain storms redistribute the eroded soil into the adjacent streets, storm systems and waterways. When erosion takes place, a City Inspector will place a correction notice at the site. The procedure will be as follows: 1st occurrence - Warning 2nd occurrence - $32 reinspection fee 3rd occurrence - $80 reinspecion fee 4th occurrence - Stop work order Dependent on the severity of the erosion, the City's Engineering Department may elect to rectify the erosion problem and charge the contractor accordingly. The attached drawings and details are recommendations for the contractor to use as means to support the site from eroding. The contractor may elect to shovel and sweep the street daily or on an as needed basis. However, erosion must be held in check. If the contractor would like to meet. with a City inspector on any particular site, please contact Construction Services at 462-6126 or Planning & Development Services at 562-4741. Erosion Control Required - City of Clearwater's Code of Ordinances requires erosion control on all land development projects. Erosion control must be in place and maintained throughout the job. Failure to do so may result in additional costs and time delays to the permit holder. Contact Engineering Department with specific questions at 562-4750. SectionIV-1.doc Page 63 of 127 10/13/2008 . 0 N F oz p .+ WA a UFO w H W Q+ ? ? W 5 O ? ?.?o p ? V ? W U ,•c W W O p??" Z F' ci U E? aoa U ? Q w o o ?so c o U o? z?? w w ? a E H O ?' ?' O . F'' vs ? o o ? ? va A E''WW an H W O CIO O ul I A H z H 0 O W a a a 0 a w Q D 4 Q N Q n b a Section N - Technical Specifications 39 UTILITY TIE IN LOCATION MARKING The tie in locations for utility laterals of water, sanitary sewer, and gas shall be plainly marked on the back of the curb. Marking placed on the curb shall be perpendicular with respect to the curb of the tie in location on the utility lateral. Marks shall not be placed on the curb where laterals cross diagonally under the curb. The tie in location shall be the end of the utility lateral prior to service connection. Markings shall be uniform in size and shape and colors in conformance with the code adopted by the American Public Works Association as follows: SAFETY RED Electric power, distribution & transmission Municipal Electric Systems HIGH VISIBILITY SAFETY YELLOW Gas Distribution and Transmission Oil Distribution and Transmission Dangerous Materials, Produce Lines, Steam Lines SAFETY ALERT ORANGE Telephone and Telegraph Systems Police and Fire Communications Cable Television SAFETY PRECAUTION BLUE Water Systems Slurry Pipe Lines SAFETY GREEN Sewer Systems LAVENDER RECLAIMED WATER WHITE PROPOSED EXCAVATION Marks placed on curbs shall be rectangular in shape and placed with the long dimension perpendicular to the flow line of the curb. Marks placed on valley gutter and modified curb shall be 6-inch x 3-inch and placed at the back of the curb. Marks placed on State Road and vertical curb shall be 4-inch X 2-inch and be placed on the curb face. 40 AWARD OF CONTRACT WORK SCHEDULE AND GUARANTEE This article not used. See SECTION III, ARTICLE 24 - AWARD OF CONTRACT, WORK SCBEDULE AND GUARANTEE. 41 POTABLE WATERMAINS, RECLAIMED WATERMAINS AND APPURTENANCES 41.1 SCOPE The Contractor shall furnish all plant, labor, materials and equipment to perform all operations in connection with the construction of potable water mains, reclaimed water mains and appurtenances including clearing, excavation, trenching, back filling and clean up. SectionIV-Ldoc Page 65 of 127 10/13/2008 Section N - Technical Specifications 41.2 MATERIALS 41.2.1 GENERAL Materials, equipment and supplies furnished and permanently incorporated into the project shall be of first quality in every respect and shall be constructed and finished to high standards of workmanship. Materials shall be suitable for service intended, shall reflect modern design and engineering and shall be fabricated in a first class workmanlike manner. All materials, equipment and supplies shall be new and shall have not been in service at any time previous to installation, except as required in tests or incident to installation. Machined metal surfaces, exposed bearings and glands shall be protected against grit, dirt, chemical corrosion and other damaging effects during shipment and construction. 41.2.2 PIPE MATERIALS AND FITTINGS 41.2.2.1 DUCTILE IRON PIPE Ductile Iron Pipe shall be in accordance with ANSUAWWA C151/A21.51 81 or latest revision. Pipe thickness class, wall thickness and working pressure shall conform to the following table: Size Class Thickness (In.) Rated Water Working Pressure (PSI) 4" 51 0.26 350 6" 50 0.25 350 8" 50 0.27 350 12" 50 0.31 350 The trench laying condition shall be Type 2, Flat bottom trench backfill lightly consolidated to centerline of pipe. Pipe shall be manufactured in accordance with ANSI/AWWA C151/A21.51 81 or latest revision. Pipe shall be asphalt coated on the outside and standard cement lined and sealed coated with approved bituminous seal coat in accordance with ANSI/AWWA C104/A21.4 80 or latest revision. 41.2.2.2 POLYVINYL CHLORIDE (PVC) PIPE Polyvinyl Chloride (PVC) Pipe 4-inch through 8-inch shall be in accordance with ANSI/AWWA C900 or latest revision and the American Society for Testing Materials (ASTM) Standard D 2241 and PVC Resin Compound conforming to ASTM Specification D 1784. Polyvinyl Chloride Pipe shall have the same O.D. as Cast and Ductile Iron Pipe and be compatible for use without special adapters with Cast Iron Fittings. Pipe dimension ratio, working pressure and laying length shall conform to the following table: SectionlV-1.doc Page 66 of 127 10/13/2008 Section N - Technical Specifications Size Dimension Ratio (OD/Thick.) Rated Water Working Pressure (PSI) Laying Length (Ft) 4 18 150 20 6 18 150 20 8 18 150 20 Pipe larger than 8-inch shall be ductile iron. The City Engineer reserves the right to require the use of ductile iron in sizes 4-inch through 8-inch when needed due to laying conditions or usage. The bell of 4-inch and larger PVC pipe shall consist of an integral wall section with a solid cross section elastomeric ring which meets the requirements of ASTM D 1869. Each length of pipe shall bear identification that will remain legible during normal handling, storage and installation and so designate the testing agency that verified the suitability of the pipe material for potable water service. All polyvinyl chloride pipe shall be laid with two (2) strands of insulated 12 gauge A.W.G. solid strand copper wire taped to the top of each joint of pipe with about 18-inches between each piece of tape. It is to be installed at every valve box through a 2-inch PVC pipe to 12-inches minimum above the top of the concrete slab. The 2-inch PVC pipe shall be the same length as the adjustable valve box, and the 2-inch PVC pipe shall be plugged with a 2-inch removable brass plug with recessed nut. This wire is to be continuous with splices made only by direct bury 3M brand splice kit approved by the Engineer. This wire is to be secured to all valves, tees and elbows. 41.2.2.3 FITTINGS AND JOINTS Fitting from 4-inch through 16-inch in size will be compact ductile iron cast in accordance with ANSI/AWWA C153/A 21.53 with mechanical joint bells. Bolts, nuts and gaskets shall be in accordance with requirements ofANSI/AWWA C153/A 21.53. The working pressure rating shall be 350 P.S.I. Ductile iron fittings shall be coated and lined in accordance with require requirements of ANSI/AWWA C104/A21.4. Mechanical joint glands shall be ductile iron in accordance with ANSI/AWWA C111/A 21.11. When reference is made to ANSI/AWWA Standards, the latest revisions apply. Only those fittings and accessories that are of domestic (LISA) manufacture will be acceptable. 41.2.2.4 RESTRAINT Restraint of plugs, caps, tees, bends, etc., shall be accomplished by the use of approved mechanical restraining rings or glands installed per manufacturers recommendations. Hydrants shall be restrained by the use of swivel connecting joints. Restraining mechanical joint glands on hydrants shall be used only where hydrant runout length precludes the use of swivel joint connectors. 41.2.2.5 PIPE WITHIN CASING All pipe placed within casings shall be slip joint ductile iron restrained by the use of restraining gaskets designed for use with the particular joint being installed and have properly sized casing spacers (Cascade Series) installed on the pipe so that the pipe will be centered within the casing. SectionlV-l.doc Page 67 of 127 10/13/2008 Section N - Technical Specifications Each end of the casing shall be properly sealed to prevent the intrusion of soil, water, or debris within the casing itself. It shall be sealed by brick and mortar, cement or any approved method by the Engineer. 41.2.3 GATE VALVES Discs of valves shall be operated by methods which will allow operation in any position with respect to the vertical. Gate valves for interior piping or exposed above grade outside structures, shall be handwheel operated with rising stems. Valves 4-inches and larger, buried in earth shall be equipped with 2-inch square operating nuts, valve boxes and covers. Valves shall be fitted with joints suitable for the pipe with which they are to be used. The direction of opening for all valves shall be to the left (counter clockwise). Pressure Rating: Unless otherwise shown or specified, valves for high pressure service shall be rated at not less than 150 psi cold water, nonshock. The manufacturer's name and pressure rating shall be cast in raised letters on the valve body. Installation: Installation shall be in accordance with good standard practice. Exposed pipelines shall be so supported that their weight is not carried through valves. Two Inch Diameter and smaller: Not allowed. These should be approved ball valves. Three Inch Diameter: Not allowed. Four Inch to Sixteen Inch Diameter: Gate Valves, 4 to 16-inch diameter, inclusive, shall be resilient seated gate valves encapsulated with EPDM Rubber in conformance with ANSI/A.W.W.A. Standard Specification C509-515 latest revision. These valves shall include the following features consistent with C509-515, full opening unobstructed waterway, zero leakage at 200 p.s.i. differential pressure, all internal parts removable from bonnet without removing body from pressure main, corrosion resistent bronze or stainless steel nonrising stem with O ring bonnet seal with epoxy coated inside and outside cast iron or ductile iron valve body.. Larger than Sixteen Inch Diameter: Gate valves larger than 16-inch shall be suitable for the service intended and shall be resilient seated gate valves encapsulated with EPDM rubber in conformance with ANSI/AWWA. These valves shall include the following features consistent with C509-80, full opening unobstructed waterway, zero leakage at 200 psi differential pressure. All valves shall be equipped with steel cut bevel gears, extended type gear case and rollers, bronze or babbitt tracks and scrapers and valved by-pass. 41.2.4 VALVE BOXES Valve boxes shall be of standard extension design and manufacture and shall be made of cast iron. No PVC Risers or Derisers are allowed as part of a valve box assembly. They are to be a- piece valve box assembles. The lower part of the assembly can be ordered in various heights to accommodate different depths. Suitable sizes of valve boxes and extension pieces shall be provided where shown. The valve box cover shall be of cast iron. Valve boxes and their installation shall be included in the bid price for valves. Refer to City Index No. 402; Sheet 1 of 5 & Sheet 2 of 5 for potable water valve pad detail, and City Index No. 502; Sheet 1 of 2 & Sheet 2 of 2 for reclaimed water valve boxes and pad detail. SectionIV-l.doc Page 68 of 127 10/13/2008 Section N - Technical Specifications 41.2.5 HYDRANTS No other hydrants, other than those listed below, may be used in extension to or replacement of the City of Clearwater potable water system: • Kennedy Guardian #K 81D Fire Hydrant, • Mueller Super Centurion 25 Fire Hydrant • AVK Nostalgic 2780. • American Darling B-84-B. No substitutions shall be allowed without the approval of the City of Clearwater. Above hydrants shall be in accordance with the latest revision of the AWWA Specification C 502 and include the following modifications: 1. All shipments to be palletized and tailgate delivery. 2. Hydrants shall conform to A.W.W.A. Standard C-502 latest revision and must be UL/FM listed. 3. Hydrants shall be of the compression type, closing with line pressure. 4. The operating threads will be contained in an operating chamber sealed at the top and bottom with an O-ring seal. The chamber will contain a lubricating grease or oil. 5. Hydrants shall be of the traffic model breakaway type, with the barrel made in two sections with the break flange located approximately 2-inch above the ground line. Breakaway bolts not allowed. 6. Operating nut shall be of one-piece bronze or ductile iron construction. 7. A dirt shield shall be provided to protect the operating mechanism from grit buildup and corrosion due to moisture. 8. A thrust washer shall be supplied between the operating nut and stem lock nut to facilitate operation. 9. Operating nut shall be a #7 (1-1/2-inch) pentagon nut. 10. Nozzles shall be of the tamper resistant, 1/4 turn type with O-ring seals or threaded into upper barrel. Nozzles shall be retained with a stainless steel locking device. 11. The main valve shall be of EPDM solid rubber. 12. The seat shall be of a bronze ring threaded to a bronze insert in the hydrant shoe, with 0- rings to seal the barrel from leakage of water in the shoe. 13. The main valve stem will be 304 or higher grade stainless steel and made in two sections with a breakable coupling. 14. Hydrant shall have a 6-inch Mechanical Joint epoxy lined elbow, less accessories. 15. Hydrant shall have a 5-1/4-inch valve opening, and shall be a left hand operation to open. 16. Hydrant shall be without drains. 17. Hydrant shall have two (2) 2-1/2-inch hose nozzles and one (1) 4-1/2-inch pumper nozzle. Threads shall be in accordance with the National Standard Hose Coupling Thread Specifications. SectionrV-l.doc Page 69 of 127 10/13/2008 Section N - Technical Specifications 18. Hydrant body shall have a factory finish of yellow paint. All paints shall comply with AWWA standard C-502-85 or latest revision. All hydrants will be shop tested in accordance with the latest AWWA Specification C 502. Constrained joint assemblies shall be used which have bolted mechanical and swivel joints from the hydrant tee through to the hydrant. Constrained joints shall absorb all thrust and prevent movement of the hydrant. All hydrants shall be provided with an auxiliary gate valve so that the water to the hydrant may be shut off without the necessity of closing any other valve in the distribution system. No hydrants shall be installed on the reclaimed water system unless approved by the City of Clearwater's Engineering Department. 41.2.6 SERVICE SADDLES Service saddles shall be used on all service taps to 4-inch P.V.C. water main. The largest service connection allowable on 4-inch main shall be 1-1/2-inch. Service saddles shall be used on all 2- inch service connections to 6-inch and larger mains. Service saddles (JCM 406 series or Ford FC 202 series) shall be wide bodied ductile iron with epoxy or nylon coating and shall have stainless steel straps. 41.2.7 TESTS, INSPECTION AND REPAIRS 1. All materials shall be tested in accordance with the applicable Federal, ASTM or AWWA Specification and basis of rejection shall be as specified therein. Certified copies of the tests shall be submitted with each shipment of materials. 2. All materials will be subject to inspection and approved by the Engineer after delivery; and no broken, cracked, misshapen, imperfectly coated or otherwise damaged or unsatisfactory material shall be used. 3. All material found during the progress of the work to have cracks, flaws, or other defects shall be rejected and promptly removed from the site. 4. If damage occurs to any pipe, fittings, valves, hydrants or water main accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. 41.2.8 BACKFLOW PREVENTERS The City of Clearwater owns and maintains all backflow prevention devices that are Installed within their system. Therefore, any and all devices must be purchased from the City and installed by City work forces. Backflow prevention devices installed on customer's service lines at the point of delivery (service connection) shall be of a type in accordance with AWWA specification C506 or latest revision. Two (2) different types of backflow prevention devices are allowed. Type of device, when required, is determined by the degree of hazard presented to the municipal water system from possible backflow of water within the customers private system. The types of devices allowed are: SectionlV-l.doc Page 70 of 127 10/13/2008 Section N - Technical Specifications 1. Double Check Valve Assembly a device composed of two single, independently acting, approved check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve. 2. Reduced pressure principle backflow prevention device a device containing a minimum of two independently acting, approved check valves, together with an automatically operated pressure differential relief valve located between the two check valves. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. 41.2.9 TAPPING SLEEVES Steel body tapping sleeves shall be JCM Industries Inc., JCM 412 or Smith-Blair 622. All steel body tapping sleeves shall have heavy welded ASTM A 285, Grade C steel body, stainless steel bolts, manufacturer's epoxy coated body, and 3/4-inch bronze test plug. 41.2.10 BLOW OFF HYDRANTS Blow offs are not allowed. 41.3 CONSTRUCTION 41.3.1 MATERIAL HANDLING 1. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded rolled against pipe already on the ground. 2. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. 3. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. 41.3.2 PIPE LAYING 41.3.2.1 ALIGNMENT AND GRADE The pipe shall be laid and maintained to the required lines and grades with fittings, valves and hydrants at the required locations, spigots centered in bells; and all valves and hydrant sterns plumb. All pipe installed shall be pigged and properly blown off before any pressure testing and sterilization of the pipe can be completed. The depth of cover over the water main shall be a minimum of 30-inches and a maximum of 42- inches below finished grade, except where approved by the Engineer to avoid conflicts and obstructions. Whenever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration of the plans is required, the Engineer shall have the authority to change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation, or reconstruction of the obstructions. SectionrV-l.doc Page 71 of 127 10/13/2008 Section IV - Technical Specifications 41.3.2.2 INSTALLATION Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient performance of the work. All pipe, fittings, valves and hydrants shall be carefully lowered into the trench piece by piece by means of a derrick, ropes, or other suitable tools or equipment in such a manner as to prevent damage to materials and protective coatings and linings. Under no circumstances shall materials be dropped or dumped in the trench. If damage occurs to any pipe, fittings, valves, hydrants or accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. All pipe and fittings shall be carefully examined for cracks and other defects while suspended above the trench immediately before installation in final position. Spigot ends shall be examined with particular care as this area is the most vulnerable to damage from handling. Defective pipe or fittings shall be laid aside for inspection by the Engineer who will prescribe corrective repairs or rejection. All lumps, blisters, and excess coating shall be removed from the bell and spigot end of each pipe, and the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry and free from oil and grease before the pipe is laid. Pipe joints shall be made up in accordance with the manufacturer's recommendations. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the line. If the pipe laying crew cannot put the pipe into the trench and in place without getting earth into it, the Engineer may require that, before lowering the pipe into the trench, a heavy, woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. During laying operation, no debris, tools, clothing or other materials shall be placed in the pipe. As each length of pipe is placed in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved backfill material tamped under it except at the bells. Precautions shall be taken to prevent dirt from entering the joint space. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Engineer. The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or cement lining and so as to leave a smooth end at right angles to the axis of the pipe. Pipe shall be laid with bell ends facing in the direction of laying unless directed otherwise by the Engineer. Where pipe is laid on the grade of 10 per cent or greater, the laying shall start at bottom and shall proceed upward with the bell ends of the pipe upgrade. Wherever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane to avoid obstructions or to plumb stems; or where long radius curves are permitted, the amount of deflection allowed shall not exceed that allowed under the latest edition of ANSI/AWWA C600-82 and C900 81 or latest revisions. No pipe shall be laid when, in the opinion of the Engineer, trench conditions are unsuitable. SectionlV-l.doc Page 72 of 127 10/13/2008 Section N - Technical Specifications 41.3.3 SETTING OF VALVES, HYDRANTS AND FITTINGS 41.3.3.1 GENERAL Valves, hydrants, fittings, plugs and caps shall be set and joined to pipe in the manner specified above for installation of pipe. 41.3.3.2 VALVES Valves in water mains shall, where possible, be located on the street property lines extended unless shown otherwise on the plans. All valves shall be installed at the tee in all cases, not to exceed 18-inches from the main line. The valve box shall not transmit any shock or stress to the valve and shall be centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the finished pavement or such other level as may be directed. Refer to City Index No. 402; Sheet 1 of 5 & Sheet 2 of 5 for potable water valve pad detail, and City Index No. 502; Sheet 1 of 2 & Sheet 2 of 2 for reclaimed water valve box and pad detail. 41.3.3.3 HYDRANTS Hydrants shall be located as shown or as directed so as to provide complete accessibility and minimize the possibility of damage from vehicles or injury to pedestrians. All hydrants located 10-feet of more from the main shall have a gate valve at the main and another gate valve at the hydrant location. No valve can be located anywhere in the hydrant run to circumvent the use of two valves. Refer to City Index No. 402; Sheet 5 of 5 for potable water hydrants. No hydrants shall be installed on the reclaimed water system unless approved by the City of Clearwater's Engineering Department. All hydrants shall stand plumb and shall have their nozzles parallel with, or at right angles to, the curb, with the pumper nozzle facing the curb. Hydrants shall be set to the established grade, with nozzles as shown or as directed by the Engineer. Each hydrant shall be connected to the main with a 6-inch ductile iron branch controlled by an independent 6 inch gate valve. 41.3.3.4 ANCHORAGE Movement of all plugs, caps, tees, bends, etc., unless otherwise specified shall be prevented by attaching approved mechanical restraining rings or glands and installed per manufacturers recommendations. Hydrants shall be held in place with restrained swivel joints. Restraining mechanical joint glands on hydrants may be used where hydrant runout length precludes the use of hydrant connecting swivel joints. Where special anchorage is required, such anchorage shall be in accordance with details shown on the plans. 41.3.4 CONNECTIONS TO EXISTING LINES Where shown on the plans or directed by the Engineer, the water lines constructed under this contract shall be connected to the existing lines now in place. No such connection shall be made until all requirements of the specifications as to tests, flushing, and sterilization have been met and the plan of the cut in to the existing line has been approved by the Engineer. SectionTV-l.doc Page 73 of 127 10/13/2008 Section rv - Technical Specifications Where connections are made between new work and existing work, the connections shall be made in a thorough and workmanlike manner using proper materials and fittings to suit the actual conditions. All fittings shall be properly sterilized and pipe will be properly swabbed before connections to existing facilities. All connections to existing facilities will be completed under the supervision of the City of Clearwater Water Division. 41.4 TESTS 41.4.1 HYDROSTATIC TESTS After installation of water mains, complete with all associated appurtenances including service taps, all sections of newly laid main shall be subject to a hydrostatic pressure test of 150 pounds per square inch for a period of two (2) hours and shall conform to AWWA C600 latest revision. All mains shall be pigged and flushed to remove all sand and other foreign matter before any hydrostatic test can or will be performed. The pressure test shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. The pump, pipe connection and all necessary apparatus, together with operating personnel, shall be furnished by the Contractor at his expense. The Contractor shall make all necessary taps into the pipe line. The Owner will furnish the water for the test. Before applying the test pressure, all air shall be expelled from the pipe line. 41.4.2 NOTICE OF TEST The Contractor shall give the City of Clearwater's Owner Representative 48-hours advance notice of the time when the installation is ready for hydrostatic testing. 41.5 STERILIZATION Before the system is put into operation, all water mains and appurtenances and any item of new construction with which the water comes in contact, shall be thoroughly sterilized in accordance with AWWA C651. 41.5.1 STERILIZING AGENT The sterilizing agent shall be liquid chlorine, sodium hypochlorite solution conforming to Federal Specification 0 S 602B, Grade D, or dry hypochlorite, commonly known as "HTH" or "Perchloron". 41.5.2 FLUSHING SYSTEM Prior to the application of the sterilization agent, all mains shall be thoroughly flushed. Flushing shall continue until a clean, clear stream of water flows from the hydrants. Where hydrants are not available for flushing, such flushing shall be accomplished at the installed blow off devices generally at the ends of the lines. 41.5.3 STERILIZATION PROCEDURE All piping, valves, fittings and all other appurtenances shall be sterilized with water containing a minimum chlorine concentration of 75 ppm at any point in the system. This solution shall then remain in the distribution system for a minimum contact period of eight (8) hours and never more than 24 hours before it is flushed out. All valves in the lines being sterilized shall be opened and closed several times during the contact period. SectionIV-1.doc Page 74 of 127 10/13/2008 Section IV - Technical Specifications 41.5.4 RESIDUAL CHLORINE TESTS After the sterilization outlined above has been accomplished, flushing shall continue until free residual chlorine tests not less than 0.2 ppm nor more than 3.0 ppm. Residual chlorine test shall be in accordance with standard methods using a standard DPD test set. 41.5.5 BACTERIAL TESTS After the water system has been sterilized and thoroughly flushed as specified herein, City of Clearwater Water Division or the Owner's Representative personnel shall take samples of water from remote points of the distribution system in suitable sterilized containers. The City shall forward the samples to a laboratory certified by the Florida State Board of Health for bacterial examination in accordance with AWWA C651. If tests of such samples indicate the presence of coliform organisms, the sterilization as outlined above shall be repeated until tests indicate the absence of such pollution. The bacterial tests shall be satisfactorily completed before the system is placed in operation and it shall be the Contractor's responsibility to perform the sterilization as outlined above. If methods of sterilization differ materially from those outlined above, such methods shall be in accordance with directives of the Florida State Board of Health and all methods employed shall have the approval of that agency. Definite instructions as to the collection and shipment of samples shall be secured from the laboratory prior to sterilization and shall be followed in all respects. The City of Clearwater shall secure clearance of the water main from the Florida Department of Environmental Protection before the water distribution system is put into operation. 41.6 MEASUREMENT AND PAYMENT 41.6.1 GENERAL Bids must include all sections and items as specified herein and as listed on the Bid Form. Payment for the work of constructing the project will be made at the unit price or lump sum payment for the items of work as set forth in the Bid, which payment will constitute full compensation for all labor, equipment, and materials required to complete the work. No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work: • Clearing and grubbing • Excavation, including necessary pavement removal • Shoring and/or dewatering • Structural fill • Backfill • Grading • Tracer wire • Refill materials • Joints materials • Tests and sterilization • Appurtenant work as required for a complete and operable system. SectionIV-l.doc Page 75 of 127 10/13/2008 Section N - Technical Specifications 41.6.2 FURNISH AND INSTALL WATER MAINS 41.6.2.1 MEASUREMENT The quantity for payment shall be the actual number of feet of pipe of each size and type satisfactorily furnished and laid, as measured along the centerline of the completed pipe line, including the length of valves and fittings. 41.6.2.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials and equipment, and constructing the water mains complete and ready for operation. 41.6.3 FURNISH AND INSTALL FITTINGS 41.6.3.1 MEASUREMENT The quantity for payment will be the number of tons, or decimal part thereof, of ductile iron fittings satisfactorily furnished and installed. Fitting weights shall be based on weights stamped on the body of the fitting, provided such weights do not exceed the theoretical weights by more than the tolerances permitted in ANSI/AWWA C110/A 21.10 82, latest revision, in which case, the weight will be based upon the theoretical weight plus the maximum tolerance. 41.6.3.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials, and equipment required to furnish and install ductile iron fittings. 41.6.4 FURNISH AND INSTALL GATE VALVES COMPLETE WITH BOXES AND COVERS 41.6.4.1 MEASUREMENT The quantity for payment shall be the number of gate valves of each size satisfactorily furnished and installed. 41.6.4.2 PAYMENT Payment of the applicable unit price for each size shall be full compensation for furnishing all plant, labor, material and equipment and installing the valve complete with box and cover. 41.6.5 FURNISH AND INSTALL FIRE HYDRANTS 41.6.5.1 MEASUREMENT The quantity for payment shall be the number of fire hydrants satisfactorily furnished and installed. The only hydrants allowed to be installed in the City of Clearwater utilities system are listed in Section 41.2.5. No exceptions. 41.6.5.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, material and equipment and installing the fire hydrant complete including necessary thrust SectionN-1.doc Page 76 of 127 10/13/2008 Section N - Technical Specifications anchorage, 6-inch pipe between the main and the hydrant and gate valve and valve box on the hydrant lead. 42 GAS SYSTEM SPECIFICATIONS This article not applicable. 43 TENNIS COURTS 43.1 PAVED TENNIS COURTS 43.1.1 SOIL TREATMENTS All soil under courts shall be treated with DSMA 184 at the rate of 2 pounds active ingredient per 1,000 square foot. Materials shall be brought to the job site in tagged containers. Tags shall be retained and turned into the Engineer's Office. 43.1.2 BASE COURSE Base Course shall be Limerock 6" thick after compaction. Specifications for the base shall be the same as those for Limerock in Section N - Article 22 of the City of Clearwater Technical Specifications. Subgrade stabilizing will not be required. Surface shall be cut to within 1/2" of true grade in preparation of 1" leveling course. Prior to applying prime coat, surface shall be approved by the Engineer. 43.1.3 PRIME COAT The material used for prime coat shall be cut-back Asphalt Grade RC-70 or RC-250 and shall conform to Section 300 of the Florida State Department of Transportation's "Standard Specifications for Road and Bridge Construction". 43.1.4 LEVELING COURSE A.Leveling Course shall be a minimum of 1" of Type S-III Asphaltic Concrete as specified in Section 331 of FDOT's Standard Specification (latest edition). The Leveling Course shall be constructed running East and West. Finish surface of leveling course shall not vary more than 1/4" when checked with a 10 foot straight edge. If a deficiency of more than Y4" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. 43.1.5 SURFACE COURSE Surface course shall be a minimum of 1" of Type S-III Asphaltic Concrete as specified in Section 331 of FDOT's Standard Specification (latest edition). The Surface Course shall be constructed running North and South. Finish surfaces shall not vary more than 1/4" in 10 feet. Prior to application of color coat, surface shall be checked for low areas by flooding the surface with water. Low areas shall be patched as approved by the Engineer prior to application of the color coat. No areas which retain water will SectionIV-l.doc Page 77 of 127 10/13/2008 Section N - Technical Specifications be approved. If a deficiency of more than '/4" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. 43.1.6 COLOR COAT 43.1.6.1 MATERIALS Materials used in the patching and color coating of Tennis Courts shall be manufactured specifically for Tennis Court Application. All materials must be approved by the Engineer prior to the start of construction. Request for approval of coating materials may be submitted prior to the opening of bids. In requests for approval, the Contractor shall present manufacturer's literature along with the name, address, and date of three previous Tennis Court applications of the proposed material. 43.1.6.2 CONSTRUCTION 43.1.6.2.1 SURFACE PREPARATION The surface to be coated must be sound, smooth, and free from loose dirt or oily materials. Prior to the application of surfacing materials, the entire surface should be checked for minor depressions or irregularities. If it is determined that minor corrections are necessary, the Contractor shall make repairs using approved tack coat and/or patching mix in accordance with manufacturer's recommendations for use. After patching the surface shall not vary more than 1/8" in ten feet in any direction. If a deficiency of more than 1/8" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. In order to provide a smooth, dense underlayment of the finish course, one or more applications of resurfacer or patch mix shall be applied to the underlaying surface as deemed necessary by the Engineer. Asphaltic concrete Surface Course with a smooth tight mix and no ponding, will not require the resurfacing or patching mix. Asphaltic Concrete Surface Course which is course and rough or is ponding water will require the use of the resurfacer or patch mix. No applications shall be covered by a succeeding application until thoroughly cured. 43.1.6.2.2 FINISH COLOR COURSE The finish course shall be applied to a clean, dry surface in accordance with the manufacturer's directions. A minimum of two applications of color coat will be required. Texture of cured color coat is to be regulated in accordance with manufacturer's recommendations to provide a medium speed surface for tennis play. The color of application shall be dark green for the regulation double's playing area and red for all other others. The finished surface shall have a uniform appearance and be free from ridges and tool marks. 43.1.6.3 PLAYING LINES Forty-eight (48) hours minimum after completion of the resurfacing, 2 inch wide playing lines shall be accurately located, marked and painted with approved marking paint. SectionlV-l.doc Page 78 of 127 10/13/2008 Section N - Technical Specifications 43.1.6.4 WEATHER LIMITATIONS No parts of the construction involving Tennis Court surfacing or patching products shall be conducted during rainfall, or when rainfall is imminent or unless the air temperature is at least 50 Degree's F and rising. NOTE: The Contractor shall notify the Project Inspector a minimum or 24 hours in advance of all base and asphalt related work. 43.2 CLAY TENNIS COURTS 43.2.1 GENERAL 43.2.1.1 SCOPE The Contractor shall furnish all labor, materials and equipment necessary for the installation of clay tennis court(s) as set forth in these specifications and /or the construction drawings. The scope of work is indicated on drawings and specified herein. Basis of design for clay courts with sub-surface irrigation system is Hydrogrid Tennis, Inc. or prior approved equal. 43.2.1.2 CONTRACTOR QUALIFICATIONS The Owner may make such investigation as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall fiunish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigations of such Bidders fail to satisfy the owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated herein within the time limit agreed upon. Factors to be considered in awarding the Bid shall include the successful completion of similar sub-surface irrigation clay tennis court installations of like value, scope, size and quality as this project, with in the last five (5) years. The Owner desires to award this contract to firms that have been in business for a minimum of five (5) years. The qualifications and experience of the personnel assigned to the project will be a determining factor in the award of the Bid. 43.2.1.3 STANDARDS The Contractor shall perform all work in a thorough, workmanlike manner and conform to standards for tennis court construction as prescribed or approved by the United States (Lawn) Tennis Association and the United States Tennis Court and Tract Builders Association. The Contractor shall construct the tennis courts with laser guided equipment. 43.2.1.4 BUILDING PERMITS AND TAXES The Contractor shall secure all construction permits required by law, the City of Clearwater will waive all permit fees. 43.2.1.5 COURT LAYOUT The Owner shall establish two horizontal control points and a construction bench mark. The Contractor shall locate the four comers of each battery and shall layout the courts in conformance with the specifications and drawings. SectionrV-l.doc Page 79 of 127 10/13/2008 Section N - Technical Specifications 43.2.1.6 BUILDING REQUIREMENTS The Owner shall provide and maintain reasonable access to the construction site, as well as an area adjacent to the site for storage and preparation of materials. Adequate water outlets within fifty (50) feet of the site shall be provided. 43.2.1.7 SCHEDULE The Owner desires to award the contract to firms who will complete this project in a reasonable time schedule. Consideration in awarding this bid will be given to firms who may commence and complete the project within a reasonable period of time after award of the bid. The Owner, in its sole discretion, will determine the reasonable schedule standard as it relates to the "Notice to Proceed." 43.2.2 SITE PREPARATION 43.2.2.1 SUITABILITY The Contractor shall examine the site to determine its suitability for installation of the courts. 43.2.2.2 DEMOLITION The contractor shall demo the existing tennis courts, remove the existing ten (10) foot high fence surrounding the tennis courts and all underground utilities within the limits of the construction area. Utilities extending outside the construction limits shall be capped and terminated. The existing tennis courts shall be ground into millings suitable to be mixed into the sub-grade at the proposed location of the new clay tennis courts. Any sub-grade material beneath the existing tennis courts not suitable for planting beds shall be removed and also utilized as sub-grade material beneath the new courts. All demolition materials not utilized in construction of the new courts shall be removed and disposed from the project site. The Contractor shall provide documentation of any recycled materials. 43.2.2.3 SUB-GRADE The sub-grade shall be graded to a tolerance of plus or minus one (1) inch of the final sub-grade elevation. The sub-grade shall be graded level. A compaction to a density not less than 95% of the maximum standard density as determined by AASHTO T 180 is required. The Contractor shall provide documentation of testing to the Owner. 43.2.2.4 FINAL GRADE The final grades outside the tennis court areas and within the construction limits shall be graded to a tolerance of plus or minus one (1) inch of the final grade elevations with positive drainage away from tennis courts and towards drainage swales or outfall structures. A compaction to a density not less than 95% of the maximum standard density as determined by AASHTO T 180 is required. The contractor shall provide documentation of testing to the Owner. 43.2.3 SLOPE 43.2.3.1 SLOPE REQUIREMENTS Rate and direction of slope of the finished surfaces shall be one (1) inch in forty (40) feet, all in one plane, as indicated on the drawings. SectionIV-l.doc Page 80 of 127 10/13/2008 Section IV - Technical Specifications 43.2.4 BASE CONSTRUCTION 43.2.4.1 LINER Two layers of 6 mil construction plastic shall be installed over the sub-grade surface with a minimum overlap of five (5) feet where pieces are joined. Use only materials that are resistant to deterioration when tested in accordance with ASTM E 154, as follows: a. Polyethylene sheet, Construction Grade. 43.2.4.2 BASE COURSE The base course shall consist of six (6) inches of porous base material as supplied by Quality Aggregate of Sarasota Florida. The surface of the base course shall be smooth and even, and it shall be within one-quarter (1/4) inch of the established grade. 43.2.4.3 IRRIGATION SYSTEM Perforated pipe shall be installed in trenches in the base course. These trenches shall be in on four (4) foot centers and shall be run perpendicular to the slope of the court. The pipe shall be two and one-quarter (2-1/4) inch diameter with a nylon needle punched sock surrounding the pipe. Six (6) water control canisters shall be installed per court with each canister controlling five (5) grid pipe trenches. Provide all required controls systems time clocks; float switches, control wiring and solenoids, etc. for a complete sub-surface irrigation system. 43.2.5 PERIMETER CURBING 43.2.5.1 CURB Brick curb shall be installed around the entire perimeter of the court area with an elevation of one-quarter (1/4) to one-half (1/2) inch above the finished screening course elevation. 43.2.6 SURFACE COURSE 43.2.6.1 COURT SURFACE A surface course of ISP Type H Aquablend or Lee Hyroblend tennis court material shall be installed over the screening course to a compacted depth of one (1) inch. The Aqua/Hydroblend material shall be watered to its full depth immediately after leveling and then compacted by rolling with a tandem roller weighing 600 to 1000 pounds. The finished surface shall not vary from specified grade by more than one-eighth (1/8) inch. 43.2.7 ROOT BARRIER Root barrier (geo-tech fabric) eighteen (18) inches height shall be placed in a trench on the outside edge of the perimeter curbing eighteen (18) inches in depth with herbicide coating buttons to prevent plant root systems in entering the sub-surface base course of the clay tennis courts. SectionrV-l.doc Page 81 of 127 10/13/2008 Section IV - Technical Specifications 43.2.8 FENCING 43.2.8.1 DESIGN The contractor shall provide a total color coated fencing system as indicated on drawings and described herein. All components: frames, fabric and fittings shall be black. Basis of Design Ameristar HT 25 or prior approved equal subject to strict compliance with Ameristar published specification. 43.2.8.2 POSTS All posts shall be a minimum 2-1/2" Ameristar HT 25 pipe; top rails 1-5/8" Ameristar HT 25 pipe with manufacturers standard "Permacoat" color system. 43.2.8.3 FENCE FABRIC Fence Fabric shall be 1-3/4" #6 gauge mesh throughout, manufactures standard galvanized wire with PVC coating. All fabric to be knuckled on both selvages. 43.2.8.4 GATES Provide gates at locations indicated. At service gates, provide a keeper that automatically engages gate life and holds it in the open position until manually released. Provide gate stops for double gates consisting of a mushroom-type flush plate with anchors, set in concrete, and designed to engage a center drop rod or plunger-bar. Include a locking device and padlock eyes as an integral part of the latch, permitting both gate leaves to be locked with a single padlock. Provide latch, fork type or plunger-bar type to permit operation from either side of gate, with padlock eye as an integral part of the latch. Gate Hinges - Size and material to suit gate size, non-lift-off type, and offset to permit 180-degree gate opening. Provide one and one-half (1-1/2) pair of hinges for each leaf over six (6) foot nominal height. 43.2.9 WINDSCREENS The contractor shall provide nine (9) foot high windscreens at all ten (10) foot high fencing. Basis of design is Durashade plus by Ball Products, Inc. or equal by Putterman. Black high- density polyethylene, eight (8) oz. per square yard edges hemmed with grommets at twelve (12) inch on center. Attach to chain link fencing at the top and bottom with 50 LBS plastic ties. 43.2.10 COURT EQUIPMENT 43.2.10.1 POST FOUNDATIONS Post foundations shall be not less than thirty-six (36) inches in length, eighteen (18) inches in width and thirty (30) inches in depth. Foundations shall be placed to provide an exact distance between posts of forty-two (42) feet on a doubles court and thirty-three (33) feet on a singles court. 43.2.10.2 NET POSTS & SLEEVES Net posts shall be galvanized steel having an outside diameter of not less than two and seven- eighths (2 7/8) inches with electrostatically applied enamel finish and shall be equipped with a reel type net tightening device. Post sleeves and posts shall be set plumb and true so as to support SectionIV-l.doc Page 82 of 127 10/13/2008 Section N - Technical Specifications the net a height of forty-two (42) inches above the court surface at the posts. Post sleeves shall be Schedule 40 PVC to be set in concrete per net post manufactures recommendation. 43.2.10.3 CENTER STRAP ANCHOR A center strap anchor shall be firmly set in accordance with the rules of the USTA. 43.2.10.4 N ET A tennis net conforming to the USTA regulations shall be installed on each court. The net shall have black synthetic netting, a headband of white synthetic material in double thickness with the exterior treated for resistance to mildew and sunlight, and bottom and end tapes of back synthetic material treated to prevent deterioration from the sunlight. A vinyl coated, impregnated steel cable, having a diameter of one quarter (1/4) inch and a length five (5) feet greater than length between the net post shall hold the net in suspension. The net shall have tie strings of a synthetic material at each comer. Basis of Design - Durant DTS by Ball Products, Inc. 43.2.10.5 CENTER STRAP Provide a center strap of white heavy duty polyester webbing with black oxide coated brass slide buckles and nickol plated double end snap. Center strap shall be placed on the net and attached to the center strap anchor. 43.2.10.6 LINE TAPES Line tapes shall be 100% nylon and shall be two (2) inches in width. The tapes shall be firmly secured by aluminum nails with aluminum length of two and one-half (2 - 1/2) inches. Positioning shall be in accordance with regulations of the USTA. 43.2.10.7 MISCELLANEOUS EQUIPMENT Deliver the following equipment to the owner: 1. Ride-on Tandem Roller - Brutus AR-1 Roller, automatic forward-neutral-reverse transmission; 24 inch wide drum; 3-horse power Briggs and Stratton engine. 2. Hand drag brooms (4 each) - 7' wide aluminum frame with 4-1/2" synthetic bristles; Proline. 3. Tow drag brooms (1 each) - 7' wide aluminum frame 4-1/2" synthetic bristles; Proline. 4. Deluxe Proline Line Sweeper (4 each) - friction-driven rubber sleeves; synthetic bristle brush; with fence hook cast aluminum. 5. Scarifier/Lutes (2 each) - 30" wide all aluminum; Proline. 6. Tennis Shoe Cleaners (2 each) - steel frame construction " Scrusher" exact installation location by Owner. 7. Tennis Two Step (2 each) - polyethylene construction with two rubber panels. 8. Court Rake (1 each) -- six-foot length aluminum. SectionIV-l.doc Page 83 of 127 10/13/2008 Section N - Technical Specifications 43.2.11 SHADE STRUCTURE Provide shade structures as indicted on drawings. Basis of design: Suntrends, Inc. "Cabana Bench 8" - 8'long x 6' wide gable design with standard canvas canopy, direct burial installation. Provide concrete footing, size and reinforcement as required by shade structure manufacture. 43.2.12 WATER SOURCE (Potable) The owner shall supply water line to within fifty (50) feet of the courts with 50 pounds per square inch running pressure at its terminus. This line shall have the capacity to supply 30 gallons of water per minute for each court. 43.2.13 CONCRETE Provide concrete consisting of portland cement per ASTM C 150, aggregates per ASTM C 33, and potable water. Mix materials to obtain concrete with a minimum 28-day compressive strength of 3,500 psi. Use at least four sacks of cement per cu. yd., 1-inch maximum size aggregate, 3-inch maximum slump. 43.2.14 EXISTING SPORT TENNIS COURT LIGHTING 43.2.14.1 SHOP DRAWINGS The Contractor shall provide signed and sealed electrical shop drawings by a professional electrical engineer for approval of the relocation and re-aiming of the existing tennis court sport lighting fixtures and electrical service to water coolers. The shop drawings shall include all necessary information according to local electrical codes in providing a complete operating system from the existing electrical panel. The shop drawings shall provide data showing the maximum foot candles the existing fixtures will provide at its new locations for tournament play. Shop drawings shall be submitted to the Parks and Recreation Department for approval. 43.2.14.2 RE-LAMP The Contractor shall re-lamp and clean lens of all existing lighting fixtures after relocating the light pole and fixtures to its new location. The City will provide the new lamps. 43.2.14.3 ELECTRICAL PERMIT The Contractor shall submit electrical drawings to City of Clearwater Planning and Development Services to obtain permits for installation of the electrical works. 43.2.14.4 POLES & FIXTURES The Contractor shall install three (3) new sixty foot (60') poles and fourteen (14) new fixtures. The City will purchase and provide the new poles and fixtures for the Contractor to install, any other miscellaneous items required to provide a complete operable system shall be provided by the Contractor. Attached with this specification are the photometric lumination charts for the eight-(8) tennis courts. This information is provided by Musco Sport Lighting, 1838 East Chester Drive, Suite #104, High Point, NC 27265, phone (336) 887-0770 fax (336) 887-0771. Contact Douglas A. Stewart. Contractor shall install the poles and fixtures based on the following information: SectionIV-l.doc Page 84 of 127 10/13/2008 Section IV - Technical Specifications Pole T1 existing 5 fixture pole, remove one fixture and place on pole T5 Pole T2 existing 12 fixture pole, remove six fixtures and place on pole T5 Pole T3 existing 5 fixture pole, remove one fixture and place on pole T5 Pole T4 new pole with new seven fixtures and two circuits Pole T5 new pole w/existing sixteen fixtures (8 on one side and 8 on the other) and 2 circuits Pole T6 new pole with new seven fixtures and two circuits Pole T7 existing 5 fixture pole, remove two fixtures and place on pole T5 Pole T8 existing 12 fixture pole, remove four fixtures and place on pole T5 Pole T9 existing 5 fixture pole, remove two fixtures and place on pole T5 Light levels ended up at 58+ footcandles. Existing poles have concrete footing approximately one foot wide on all sides Contractor shall plan relocation light poles accordingly. 43.2.14.5 ELECTRICAL CONDUITS Existing electrical conduits are installed individually to the existing light pole, it is suggested the Contractor place electrical junction boxes at existing pole locations and utilize existing conduits. New conduits will be required for the three (3) new light poles and the Contractor shall include the cost for these electrical conduits in the relocating of the new light poles. 43.2.15 WATER COOLER 43.2.15.1 SHOP DRAWINGS The Contractor shall provide shop drawings for the installation of water cooler in the cabana area of the tennis courts, electrical, water and drainage submitted to the Parks and Recreation Department for approval. 43.2.15.2 WATER FOUNTAIN Basis for design: Halsey Taylor HOF Series - water cooler with sealed back panels, or equal. 43.2.16 DEMONSTRATION Instruct the Owner's personnel on proper operation and maintenance of court and equipment. 43.2.17 WARRANTY 43.2.17.1 EQUIPMENT The Contractor shall supply warranty cards and operation and maintenance manuals for all equipment to the Owner upon completion of construction of the project. 43.2.17.2 WARRANTY The Contractor shall warranty the courts, fencing, sidewalks and court accessories against defective materials and /or workmanship for a period of one (1) year from the date of completion. SectionIV-I.doc Page 85 of 127 10/13/2008 Section IV - Technical Specifications 43.2.17.3 WARRANTY SUB-SURFACE IRRIGATION SYSTEM The Contractor shall warranty the sub-surface irrigation of the clay tennis courts for a period of two years from the day of completion. 44 WORK ZONE TRAFFIC CONTROL 44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL The Contractor shall be responsible to furnish, operate, maintain and remove all work zone traffic control associated with the Project, including detours, advance warnings, channelization, hazard warnings and any other necessary features, both at the immediate work site and as may be necessary at outlying points. 44.2 WORK ZONE TRAFFIC CONTROL PLAN The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of performance outlined in the Scope of the Work and/or as may be required by construction permits issued by Pinellas County and/or the Florida Department of Transportation for the Project, incorporating the methods and criteria contained in Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations in the Manual on Uniform Traffic Control Devices published by the U. S. Department of Transportation and adopted as amended by the Florida Department of Transportation, or most recent addition. 44.2.1 WORK ZONE SAFETY The general objectives of a program of work zone safety is to protect workers, pedestrians, bicyclists and motorists during construction and maintenance operations. This general objective may be achieved by meeting the following specific objectives: • Provide adequate advance warning and information regarding upcoming work zones. • Provide the driver clear directions to understanding the situation he will be facing as he proceeds through or around the work zone. • Reduce the consequences of an out of control vehicle. • Provide safe access and storage for equipment and material. • Promote speedy completion of projects (including thorough cleanup of the site). • Promote use of the appropriate traffic control and protection devices. • Provide safe passageways for pedestrians through, in, and/or around construction or maintenance work zones. The 2004 Design Standards (DS), Index 600 "When an existing pedestrian way or bicycle way is located within a traffic control work zone, accommodation must be maintained and provision for the disabled must be provided. Only approved temporary traffic control devices may be used to delineate a temporary traffic control zone pedestrian walkway. Advanced notification of sidewalk closures and detours marked shall be provided by appropriate signs". 2004 Standard Specifications for Road and Bridge Construction SectionlV-1.doc Page 86 of 127 10/13/2008 Section IV - Technical Specifications 102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum standards for the use in the development of all traffic control plans 44.3 ROADWAY CLOSURE GUIDELINES Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local Following are typical requirements to be accomplished prior to closure. The number of requirements increase with traffic volume and the importance of access. Road closures affecting business or sole access routes will increase in process requirements as appropriate. For all but local streets, no road or lane closures are allowed during the Christmas holiday season and the designated "Spring Break" season with prior approval by the City Engineer. 44.3.1 ALL ROADWAYS Obtain permits for Pinellas County and Florida Department of Transportation roadways. Traffic control devises conform to national and state standards. 44.3.1.1 PUBLIC NOTIFICATION Standard property owner notification prior to start of construction for properties directly affected by the construction process. 44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS Consult with City Traffic staff for preliminary traffic control options. Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary. 44.3.2.1 PUBLIC NOTIFICATION Message Board Display, Minimum of 7-day notice period prior to road closure and maybe longer for larger highway. The message board is to be provided by the Contractor. 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS 44.3.3.1 PUBLIC NOTIFICATION C-View Release 44.3.4 MAJOR ARTERIALS 44.3.4.1 PUBLIC NOTIFICATION News Release The Message Board may need to be displayed for a period longer than 7 days. 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a specification of the work, to confer in advance of beginning any work on the Project, with the Traffic Operations Division, Municipal Services Building, 100 South Myrtle Avenue, telephone 562-4750, for the purpose of approval of the Contractor's proposed detailed traffic control plan. SectionIV-l.doc Page 87 of 127 10/13/2008 Section IV -- Technical Specifications All maintenance of traffic (MOT) plans shall be signed and sealed by a Professional Engineer or an individual who is certified in the preparation of MOT plans in the State of Florida. 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION The Traffic Operations Division may inspect and monitor the traffic control plan and traffic control devices of the Contractor. The City's Construction Inspector assigned to the project, may make known requirements for any alterations or adjustments to the traffic control devices. The Contractor shall take direction from the Project Engineer or Project Inspector. 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL Payment for work zone traffic control is a non-specific pay item to be included in the construction costs associated with other specific pay items unless specifically stated otherwise in the Scope of Work in these Technical Specifications and a bid item(s) is included for Work Zone Traffic Control in the proposal form. 44.7 CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR The City may require that the Supervisor or Foreman controlling the work for the Contractor on the Project have a current International Municipal Signal Association, Work Zone Traffic Control Safety Certification or Worksite Traffic Supervisor Certification from the American Traffic Safety Association with additional current Certification from the Florida Department of Transportation. This requirement for Certification will be noted in the Scope of Work and/or sections of these Technical Specifications. When the certified supervisor is required for the Project, the supervisor will be on the Project site at all times while work is being conducted. The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the project on a day-to-day basis as well as being involved in all changes to traffic control. The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situation, prepared to positively respond to repair the work zone traffic control or to provide alternate tragic arrangements. Failure of the Worksite Traffic Supervisor to comply with the provisions of this Subarticle may be grounds for decertification or removal from the project or both. Failure to maintain a designated Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary suspension of all activities except traffic and erosion control and such other activities deemed to be necessary for project maintenance and safety. 45 CURED-IN-PLACE PIPE LINING 45.1 INTENT It is the intention of this specification to provide for the trenchless restoration of sanitary sewer and storm pipes by the installation if a cured in place jointless, continuous, thermosetting resin impregnated polyester flexible felt liner which is watertight and chemically resistant to withstand SectionN-Ldoc Page 88 of 127 10/13/2008 Section IV - Technical Specifications exposure to domestic sewage including all labor, materials and equipment to provide for a complete, fully restored and functioning installation. 45.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY The City requires that all contractors be prequalified. See General Conditions regarding contractor prequalification. In addition, the City requires a proven extensive tract record for the liner system to be used in this project. All contractors submitting for prequalification approval for this project must exhibit extensive satisfactory experience in the installation of the proposed liner system(s) and satisfactory evidence that the proposed liner system has been extensively and successfully installed in the Unites States and the State of Florida. The installer must be certified by the liner system manufacturer for installation of the liner system. The City reserves full and complete authority to approve the satisfactory nature of the both the liner system and the installer. 45.3 MATERIALS The liner shall be polyester fiber felt tubing saturated with a resin prior to insertion. Resin type and qualities shall be as specified by the manufacturer to obtain a cured liner with the following properties: Tensile Strength ASTM D638 3,000 psi Flexural Strength ASTM D790 4,500 psi Flexural Modulus of Elasticity ASTM D790 300,000 psi Long Term Modulus of Elasticity (50 Years) ASTM D2290 150,000 psi Liner shall meet strengths as shown in ASTM F1216 unless otherwise submitted and approved by the Engineer. Lining manufacturer shall submit to the Engineer for approval as requested, complete design calculations for the liner thickness. The criteria for liner design shall be HS-20 traffic loading, water table to the ground surface, minimum expected lifetime of 50 years, and no structural strength retained from the existing pipe. Liner materials shall meet manufactures specifications of Insituform of North America, Inc., 3315 Democrat Road, Post Office Box 181071, Memphis, Tennessee 38118; or InLiner USA 1900 N.W. 44th St., Pompano Beach Florida 33064, 305-979-0802, or an approved equal. Any approved equal liner system must be approved by the Engineer as an equal system prior to receiving bids. Request for contractor prequalification and/or equal liner system approval must be received by the Engineer no later than 14 days prior to the date for receiving bids. 45.4 CLEANING/SURFACE PREPARATION It shall be the responsibility of the Contractor to clean and prepare the existing pipes for rehabilitation. The Contractor will thoroughly clean the interior of the sewers to produce a clean interior surface free of all coatings, sand, rock, roots, sludge, or other deleterious materials prior to liner insertion. Bypass pumping will be provided by the Contractor as part of the unit cost of restoration. Bypass operations are to be so arranged as to cause minimum disruptions to local traffic, residents and particularly to commercial facilities. During the cleaning and preparation operations all necessary precautions shall be taken to protect the public, all property and the sewer from damage. All material removed from the sewers shall be the Contractor's responsibility for prompt disposal in accordance with all regulatory agency requirements. The Contractor may be required to control the rate of sewer cleaning in the sanitary system to avoid heavy pollution loads at the City's treatment plants. SectionIV-l.doc Page 89 of 127 10/13/2008 Section IV - Technical Specifications 45.5 TELEVISION INSPECTION After cleaning, and again after the rehabilitation work on each section of the project is completed, all pipe sections shall be visually inspected by means of closed-circuit color television, and recorded on DVD, CD VHS format tapes provided to the project engineer. The television system used shall be designed for the purpose and suitably lighted to provide a clear picture of the entire periphery of the pipe. 45.6 LINER INSTALLATION Liner shall be sized to field measurements obtained by the Contractor to provide for a tight fit on the interior of the existing pipe to be lined. Contractor shall use installation methods approved by the liner manufacturer including operations for inversion, heat curing and reconnection of laterals. The Contractor shall immediately notify the Engineer of any construction delays taking place during the insertion operation. Contractor shall maintain a reasonable backup system for bypass pumping should delays or problems with pumping systems develop. Liner entries at manholes shall be smooth, free of irregularities, and watertight. No pinholes, tears, cracks, thin spots, excessive wrinkling or other defects in the liner shall be permitted. Such defects shall be removed and replaced by the Contractor at his expense. 45.7 LATERAL RECONNECTION Sanitary laterals shall be reconnected as soon as possible to renew service. Laterals are to be reconnected by means of robotics, by internally cutting out the liner to 95% of the area of the original opening. All lateral reconnections are to be grouted to prevent leakage. Grouting method and material is to be approved by the Engineer. Any reconnections to laterals and connections to manholes which are observed to leak shall be resealed by the Contractor. All laterals discovered during the lining process are to be reconnected unless specifically directed otherwise by the City. The Contractor will be requested to reconnect any laterals discovered to not be reconnected at a later date. Contractor shall notify all local system users when the sanitary system will not be available for normal usage by the delivery of door hangers with appropriate information regarding the construction project. 45.8 TIME OF CONSTRUCTION Construction schedules will be submitted by the Contractor and approved by the Engineer. At no time will any sanitary sewer service connection remain inoperative for more than an eight-hour period without a service bypass being operated by the Contractor. In the event that sewage backup occurs and enters buildings, the Contractor shall be responsible for cleanup, repair and property damage costs and claims. 45.9 PAYMENT Payment for sanitary sewer restoration shall be made per lineal foot including all preparation, bypass pumping, equipment, labor, materials, operations, restoration, lateral reconnection, etc, to provide a fully completed and operational sewer. Payment shall be measured from center of manhole to center of manhole for the sanitary systems and from end of pipe to end of pipe for storm systems. SectionIV-l.doc Page 90 of 127 10/13/2008 Section N -- Technical Specifications 46 SPECIFICATIONS FOR POLYETHYLENE SLIPLINING 46.1 MATERIALS 46.1.1 PIPE AND FITTINGS The pipe supplied under this specification shall be high performance, high molecular weight, high density polyethylene pipe (Driscopipe 1000) as manufactured by Phillips Driscopipe, Inc., Dallas, Texas and shall conform to ASTM.D 1248 (Type III, Class C, Category 5, Grade P34) or approved equal. Minimum cell classification values shall be 345434C as referenced in ASTM D 3350 latest edition. If fittings are required, they will be supplied under this specification and shall be molded or manufactured from a polyethylene compound having a cell classification equal to or exceeding the compound used in the pipe. To insure compatibility of polyethylene resins, all fittings supplied under this specification shall be of the same manufacture as the pipe being supplied. 46.1.2 QUALITY CONTROL The resin used for manufacturer of the pipe shall be manufactured by the pipe manufacturer, thus maintaining complete control of the pipe quality. The pipe shall contain no recycled compound except that generated in the manufacturer's own plant from resin of the same specification from the same raw material. The pipe shall be homogeneous throughout and free of visible cracks, holes, foreign inclusions, or other deleterious defects, and shall be identical in color, density, melt index, and other physical properties. The polyethylene resin used shall have all ingredients pre compound prior to extrusion of pipe, in plant blending is not acceptable. The Engineer may request, as part of the quality control records submittal, certification that the pipe produced is represented by the quality assurance testing. Additionally, test results from manufacturer's testing or random sampling by the Engineer that do not meet appropriate ASTM standards or manufacturer's representation, may be cause for rejection of pipe represented by the testing. These tests may include density and flow rate measurements from samples taken at selected locations within the pipe wall and thermal stability determinations according to ASTM D 3350, 10.1.9. 46.1.3 SAMPLES The owner or the specifying engineer may request certified lab data to verify the physical properties of the materials supplied under this specification or may take random samples and have them tested by an independent laboratory. 46.1.4 REJECTION Polyethylene pipe and fittings maybe rejected for failure to meet any of the requirements of this specification. 46.2 PIPE DIMENSIONS Pipe supplied under this specification shall have a nominal IPS (Iron Pipe Size) O.D. unless otherwise specified. The SDR (Standard Dimension Ratio) of the pipe supplied shall be as specified by the Engineer, on the construction plans and/or the scope of work. SectionlV-1.doc Page 91 of 127 10/13/2008 Section N - Technical Specifications 46.3 CONSTRUCTION PRACTICES 46.3.1 HANDLING OF PIPE Pipe shall be stored on clean, level ground to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking should be done in accordance with the pipe manufacturer's recommendations. The handling of the pipe should be done in such a manner that it is not damaged by dragging over sharp objects or cut by chokers or lifting equipment. 46.3.2 REPAIR OF DAMAGED SECTIONS Segments of pipe having cuts or gouges in excess of 10% of the wall thickness of the pipe should be cut out and removed. The undamaged portions of the pipe shall be rejoined using the butt fusion joining method. 46.3.3 PIPE JOINING Sections of polyethylene pipe should be joined into continuous lengths on the job site above ground. The joining method shall be the butt fusion method and shall be performed by the manufacturer's representative and in strict accordance with the pipe manufacturer's recommendations. The butt fusion equipment used in the joining procedures should be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements, alignment, and fusion pressures. 46.3.4 HANDLING OF FUSED PIPE Fused segments of pipe shall be handled so to avoid damage to the pipe. When lifting fused sections of pipe, chains or cable type chokers should be avoided. Nylon slings are preferred. Spreader bars should be used when lifting long fused sections. Care should be exercised to avoid cutting or gouging the pipe. 46.4 SLIPLINING PROCEDURE 46.4.1 PIPE REQUIREMENTS AND DIMENSIONS The liner(s) to be slip lined into the existing storm sewer shall have the following sizes: 12-inch diameter liner (SDR 26) into 15-inch existing sewer. 16-inch diameter liner (SDR 26) into 18-inch existing sewer. 18-inch diameter liner (SDR 26) into 21 -inch existing sewer. 21 %2-inch diameter liner (SDR 32.5) into 24-inch existing sewer. 28-inch diameter liner (SDR 32.5) into 30-inch existing sewer. 34-inch diameter liner (SDR 32.5) into 36-inch existing sewer. 42-inch diameter liner (SDR 32.5) into 48-inch existing sewer. 46.4.2 CLEANING AND INSPECTION The existing line shall be cleaned of debris and other obstructions prior to TV inspections or insertion of the polyethylene liner. Cleaning can be accomplished with a high velocity cleaner, a bucket and scrapper, root saws, corkscrews, and rodding or balling units. The method used will be determined by the condition of the existing line. Final cleaning may be required prior to inserting the liner. SectionTV-l.doc Page 92 of 127 10/13/2008 Section rv - Technical specifications 46.4.3 INSERTION SHAFT AND EXCAVATIONS All excavations shall conform to OSHA requirements and any additional requirements as set by the specifying engineer or his representative. Insertion shaft excavations shall coincide with points requiring removal of obstructions or shall be determined by the engineer. An entry slope grade of 2 1/2:1 maximum shall be used to provide a safe bending radius for the polyethylene. The bottom of the entry pit should provide a straight section for ease of entry of the liner into the existing pipe. The length of the level excavation should be at least twelve times the diameter of the liner being inserted. The width of the shaft should be as narrow as possible. The required width will depend on the location, type of soil, depth of the existing sewer line and the water table. 46.4.4 INSERTION OF THE LINER After completion of the access shaft, the top half of the existing sewer shall be broken or cut and removed for the full length of the access shaft. A fabricated pulling head shall be connected to the leading end of the liner pipe. A cable shall be connected to the pulling head so that the liner pipe can be pulled into the existing sewer. Power winches used for pulling in long lengths of polyethylene liner pipe shall be rated equal to the project requirements. Once started, the pulling operation should continue to completion. Insertion is normally done at about a slow walking speed. After insertion, a minimum of 12 hours shall be allowed for the liner pipe to reach equilibrium with the sewer temperature and to allow the liner pipe to stress relieve itself. The polyethylene liner pipe should protrude at least 6 inches into the manhole where it terminates. After the 12-hour equilibrium period, the annular space between the original pipe and the liner shall be pressure grouted. Said grouting must be from the bottom up to prevent air pockets from forming. Also the grout must be recommended for underwater application and have elastomeric properties. Products used shall be approved by the engineer. The liner shall not be displaced when the annular space is being filled. Spacers, inflatable plugs or other methods approved by the Engineer must be used to prevent displacement. The length of fused pipe that can be pulled will vary depending on field conditions, the ease of access to the area, and the working space available. 46.4.5 CONFIRMATION OF PIPE SIZES The Contractor shall be solely responsible to confirm all pipe sizes prior to ordering, fusing and installation of the liner. 46.4.6 UNDERDRAIN CONNECTIONS IF REQUIRED After the liner has been pulled into place, allowed to recover and sealed at the manholes, pipe connections okayed by the engineer shall be reconnected to the liner pipe. SectionIV-l.doc Page 93 of 127 10/13/2008 Section N - Technical Specifications Pipe connections shall be connected by the use of a pre-fabricated polyethylene saddle. A neoprene gasket shall be installed between the saddle and the liner pipe so that a complete water seal is accomplished when the saddle is placed on the liner pipe and secured with stainless steel bands. 46.4.7 BACKFILLING All excavations shall be backfilled using on site materials or as specified by the engineer. Cost for backfilling of access shafts and underdrain connections shall be including in the unit price bid for sliplining and reconnection of service laterals. Before any excavation is done for any purpose, it will be the responsibility of the contractor to contact the various utility companies and to determine the locations of their facilities. It will be the responsibility of the contractor to provide adequate protection for utility facilities. Any temporary construction right of way and/or storage areas will be arranged for by the contractor. 46.4.8 POINT REPAIR The engineer or his representative will determine if a point repair is necessary only after it has been demonstrated that a liner pipe cannot be pulled through the existing pipe. Payment will be made for each repair. The contractor will be expected to remove the obstruction and clear the pipe. If removing the top of the existing pipe will accomplish the removal of the obstruction, the bottom of the existing pipe should remain in place to form a cradle for the liner. 46.4.9 CLEAN UP OPERATIONS All materials not used in the backfilling operation shall be disposed of off site by the contractor. Finish grading shall be required. In locations other than street right-of-ways, the surface shall be graded smooth and sodded with the same kind of grass as the existing lawn. Excavation points in street right-of-ways shall be repaired as specified by the engineer. 47 SPECIFICATIONS FOR POLYVINYL CHLORIDE RIBBED PIPE 47.1 SCOPE This specification designates general requirements for unplasticized polyvinyl chloride (PVC) plastic (spiral wound) pipe with integral wall bell and spigot joints for the conveyance of storm water. 47.2 MATERIALS All pipe and fittings shall be manufactured and tested in accordance with specification for "Poly (Vinyl Chloride) (PVC) Large Diameter Ribbed Gravity Storm Sewer Pipe and Fittings Based on Controlled Inside Diameter". The pipe and fittings shall be made of PVC plastic. 47.3 PIPE The bell shall consist of an integral wall section. The solid cross section fiber ring shall be factory assembled on the spigot. Sizes and dimensions shall be as shown in this specification. 5ectionlV-l.doc Page 94 of 127 10/13/2008 Section rv -- Technical Specifications Standard laying lengths shall be 13 ft. + 1 inch. At manufacturer's option, random lengths of not more than 15% of total footage may be shipped in lieu of standard lengths. 47.4 JOINING SYSTEM Joints shall be either an integral bell gasketed joint. When the joint is assembled according to manufactures recommendation it will prevent misalignment of adjacent pipes and form a silt tight joint. 47.5 FITTINGS All fittings and accessories shall be as manufactured and furnished by the pipe supplier or approved equal and have bell and/or spigot configurations compatible with that of the pipe. 48 GUNITE SPECIFICATIONS 48.1 PRESSURE INJECTED GROUT Pressure injected grout shall be of cement and water and shall be proportioned generally in the ratio of 1.5 (one and one half) cubic foot (one and one half bags) of cement to 1 (one) cubic foot (7.50 gal.) of water. This mix shall be varied as the grouting proceeds as is necessary to provide penetration in the operator's judgment. Cement shall be Portland Cement conforming to all of the requirements of the American Society for Testing Materials Standard Specifications, latest edition serial designation C150 for Portland Cement, Type I. Portland Cement shall weigh not less than 94 pounds per cubic foot. Water used in the grout shall be fresh, clean and free from injurious amounts of oil, alkali, vegetable, sewage and/or organic matter. Water shall be considered as weighing 8.33 pounds per gallon. Grout pump shall be of the positive displacement type and shall be capable of producing adequate pressure to penetrate the area. All pressure grouting will be at the direction of the Engineer. 48.2 REHABILITATION OF CORRUGATED METAL PIPE WITH GUNITE Guniting shall conform to all requirements of "Specifications for Materials, Proportioning, and Application of Shotcrete (ACI 506.2 77)" published by the American Concrete Institute, Detroit, Michigan, except as modified by those specifications. Steel reinforcement shall be incorporated in the Gunite as required and shall be furnished, bent, set and placed in accordance with the provisions of these specifications. The purpose of this specification is to obtain a dense and durable concrete having the specified strength. 48.3 COMPOSITION Gunite shall be composed of Portland Cement, aggregate and water so proportioned as to produce a concrete suitable for pneumatic application. SectionIV-1.doc Page 95 of 127 10/13/2008 Section IV - Technical Specifications 48.4 STRENGTH REQUIREMENTS Concrete ingredients shall be selected, proportioned in such a manner as will produce concrete which will be extremely strong, dense and resistant to weathering, and abrasion. Concrete shall have a minimum 28-day strength of 4,000 psi. 48.5 MATERIALS Portland Cement: Cement shall be Portland cement conforming to all of the requirements of the American Society for Testing Materials Standard Specifications, Latest Serial Designation C150 for Portland Cement, Type I. A bag of cement shall be deemed to weigh not less than 94 pounds per cubic foot. Fine Aggregate: Fine aggregate shall be natural siliceous.sand consisting of hard, clean, strong, durable and uncoated particles, conforming to the requirements of American Society for Testing Materials Standard Specifications, Latest Serial Designation C33 for Concrete Aggregates. Fine aggregate shall not contain less than 3% nor more than 6% of moisture. Fine aggregate shall be evenly graded from fine to coarse and shall be within the following limits: Passing No. 3/8 Sieve 100% Passing No. 4 Sieve 95% to 100% Passing No. 8 Sieve 80% to 100% Passing No. 16 Sieve 50% to 85% Passing No. 30 Sieve 25% to 60% Passing No. 50 Sieve 10% to 30% Passing No. 100 Sieve 2% to 10% 48.6 WATER Water used in mixing, at the nozzle shall be fresh, clean, and free from injurious amounts of oil, acid, alkali, vegetable, sewage, and/or organic matter. Water shall be considered as weighing 8.33 pounds per gallon. 48.7 REINFORCEMENT Steel mesh reinforcement shall be electrically welded, cold drawn, mild steel fabric conforming to the latest requirements of ASTM Standard Specifications, Serial Designation A 185 for Welded Steel Wire Fabric for Concrete Reinforcement. Mesh can be fabricated from cold drawn steel wire conforming to the requirements of the latest ASTM Standard Specifications, Serial Designation A 82 and sized as shown on Plans Page 7 of 7. 48.8 STORAGE OF MATERIALS Cement shall be stored with adequate provisions for the prevention of absorption of moisture. It shall be stored in a manner that will permit easy access for inspection and identification of each shipment. Aggregate shall be stockpiled at points selected to provide maximum drainage and to prevent the inclusion of any foreign material during rehandling. SectionIV-l.doc Page 96 of 127 10/13/2008 Section N -'technical Specifications 48.9 SURFACE PREPARATION Unsound materials of construction and all coated, scaly, or unsound concrete in manholes and inlets, shall be removed by chipping with pneumatic hammers and chisels to sound surface, all cracks and cavities shall be chipped to such formation that their sides form approximately a 45 degree angle to the exposed surface for at least one (1) inch in depth. All areas to receive pneumatic concrete shall be cleaned by flushing or scouring with water and compressed air jets to assure removal of all loose particles. All areas of existing surfaces that do not require chipping shall be given a wet sandblasting with the gunite equipment and the air pressure at the cement gun shall not be less than 50 psi. Surface preparation of existing metal surface of a corrugated pipe shall be lightly sandblasted to remove loose material. All sandblasted areas shall then be cleaned by a air/water blast to remove all particles from the cleaning operation. To insure perfect bond, the newly sandblasted surface shall be thoroughly moistened with water prior to application of gunite. In no instance shall gunite be applied in an area where free running water exists. 48.10 PROPORTIONING Prior to start of guniting the Contractor shall submit to the Owner the recommended mix as a ratio of cement to aggregate. Recommended mix shall be on the basis of test data from prior experience. Provided data submitted is adequate no further testing of recommended mix will be required. If required, the Contractor shall provide all equipment necessary to control the actual amounts of all materials entering into the concrete. The types of equipment and methods used for measuring materials shall be subject to approval. 48.11 MIXING Gunite shall be thoroughly mixed by machine and then passed through a sieve to remove all large particles before placing in hopper of the cement gun. The mixture shall not be permitted to become damp. Each batch should be entirely discharged before recharging is begun. The mixer should be cleaned thoroughly enough to remove all adherent materials from the mixing vanes and from the drum at regular intervals. Water in any amount shall not be added to the mix before it enters the cement gun. Quantities of water shall be controlled by a valve at the nozzle of the gun. Water content shall be adjusted as required for proper placement, but shall in no case exceed four gallons of water per sack of cement, including the water contained in the aggregate. Remixing or tempering shall not be permitted. Mixed material that has stood 45 minutes without being used shall be discarded. Rebound materials shall not be reused. 48.12 APPLICATION Gunite shall not be placed on a frozen surface nor during freezing weather. Gunite shall not be placed when it is anticipated that the temperature during the following 24 hours will drop below 32 degrees, Fahrenheit. Sequence of application may be from bottom to top or vice versa if rebound is properly removed. Corners shall be filled first. "Shooting" shall be from an angle as near perpendicular to the SectionlV-l.doc Page 97 of 127 10/13/2008 Section N - Technical Specifications surface as practicable, with the nozzle held approximately 3 feet from the work (except in confined control). If the flow of material at the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the nozzleman shall direct the nozzle away from the work until the faulty conditions are corrected. Such defects shall be replaced as the work progresses. Guniting shall be suspended if 1. Air velocity separates the cement from the sand at the nozzle. 2. Temperature approaches freezing and the newly placed gurlite cannot be protected. Gunite shall be applied in one or more layers to such total thickness as required to restore the area as detailed over the original lines of the adjoining surface, unless other wise specified. All cavities, depressions, washouts and similar failures shall be rebuilt to original lines by use of gunite reinforced with wire mesh. Where the cavity exceeds 4 inches in depth a layer of mesh shall be used for each 3 inches of depth of gunite. In no case shall wire mesh be placed behind existing reinforcement. The time interval between successive layers in sloping vertical or overhanging work must be sufficient to allow initial but not final set to develop. At the time the initial set is developing, the surface shall be cleaned to remove the thin film of laitance in order to provide a perfect bond with succeeding applications. 48.13 CONSTRUCTION JOINTS Construction joints or day's work joints shall be sloped off to a thin, clean, regular edge, preferably at a 45-degree slope. Before placing the adjoining work, the slope portion and adjacent gunite shall be thoroughly cleaned as necessary, then moistened and scoured with an air jet. 48.14 SURFACE FINISH Nozzleman shall bring the gunite to an even plane and to well formed comers by working up to ground wires or other guides, using lower placing velocity than normal. After the body coat has been placed, the surface shall be trued with a thin edge screed to remove high areas and expose low areas. Low areas shall be properly filled with concrete to insure a true, flat surface. After the concrete surface has been trued, the entire surface shall be given a flashcoat finish except where a special type finish is specified on the drawings. 48.15 CURING Curing shall be in accordance with either paragraph 3.7.1(d) or paragraph 3.7.5. of ACI 506.2 77 depending upon atmospheric condition. 48.16 ADJACENT SURFACE PROTECTION During progress of the work, where appearance is important, adjacent areas or grounds which may be permanently discolored,. stained, or otherwise damaged by dust and rebound, shall be adequately protected sensitive areas, when contacted, shall be cleaned by early scraping, brushing or washing, as the surroundings permit. SectionTV-l.doc Page 98 of 127 10/13/2008 Section IV - Technical Specifications 48.17 INSPECTION Because of the importance of workmanship affecting the quality of the gunite, continual inspection during placing shall be maintained. Any imperfections discovered shall be cut out and replaced with sound material. 48.18 EQUIPMENT Cement Gun: The mixing and delivering equipment shall be either the vertical double chamber type or rotary type. The upper chamber of the double chamber type shall receive and pressurize the dry mix and deliver it to the lower chamber. The lower chamber shall force the pressurized mix into the delivery hose by means of a feed wheel. The type of feeder utilized should be of sufficient capacity that the lower chamber may continuously furnish all required material to the delivery hose while the upper chamber receives the recharge. The rotary type cement gun shall have an enlarged hopper to feed material into a rotating multiported cylinder. Material shall fall by gravity into a port which shall then be rotated to a position in which the material is expelled by air into a moving stream of air. All equipment must be kept in good repair. The interior of drums, feed gearing and valves shall be cleaned as often as necessary (at least once every 8 hour shift) to prevent material from caking on critical parts. Nozzle: Nozzle shall be the premixing type with perforated water feed ring inside the nozzle. The maximum length of material hose for the application of gunite shall be approximately 150 feet although it shall be permissible to use as much as 800 feet of material hose if the supply air pressure measured at the cement gun is increased to maintain proper velocity. The following table gives requirements for compressor size, hose size and air pressure using 150 feet of material hose: Comp. Cap (cfm) Max. Hose Dia. (In.) Max. Size Nozzle (In.) Min. Air Press. (Psi) 365 15/8 15/8 60 600 2 2 80 750 21/2 21/2 90 For each 25 feet of material hose used in excess of 150 feet, the required air pressure shall be increased by 5 psi. Air Compressor: Any standard type of compressor shall be satisfactory if it is of sufficient capacity to provide, without interruption, the pressures and volume of air necessary for the longest hose delivery. The air compressor capacity determinations shall include allowances made for the air consumed in blowing rebound, cleaning, reinforcing and for incidental uses. Compressor equipment shall be of such capacity so as to insure air pressures at the special mixer capable of producing the required material velocities. Water Supply: The water pressure at the discharge nozzle should be sufficiently greater than the operating air pressure to assure the water is intimately mixed with the other materials. If the line water pressure is inadequate, a water pump or pressurized tank shall be introduced into the line. The water pressure shall be uniformly steady (nonpulsating). SectionIV-1.doc Page 99 of 127 10/13/2008 Section N - Technical Specifications 49 SANITARY AND STORM MANHOLE LINER RESTORATION 49.1 SCOPE AND INTENT It is the intent of this portion of the specification to provide for the structural rehabilitation of manhole walls and bases with solid preformed liners and made-in-place liner systems used in accordance with the manufacturer's recommendations and these specifications. In addition to these specifications, the Contractor shall comply with manufacturer's instructions and recommendations for work. Purpose of work is to eliminate infiltration, provide corrosion protection, repair voids and to restore the structural integrity of the manhole. For any particular system the Contractor will submit manufacturer's technical data and application instructions. All OSHA regulations shall be met. 49.2 PAYMENT Payment for liners shall be per vertical foot of liner installed from the base to the top of the installed liner. Liners will generally be installed to the top of existing or new corbels. No separate payment will be made for the following items and the cost of such work shall be included in the pay item per linear foot of liner: Bypass pumping; Traffic Control; Debris Disposal; Excavation, including necessary pavement removal; Shoring and/or dewatering; Structural fill; Backfill and compaction; Grout and mortar; Brick; Resetting of the manhole ring and cover; Pipe extensions and connectors necessary to the installation; Replacement of unpaved roadway and grass or shrubbery plot; Replacement of roadway base and asphalt surface; and Appurtenant work as required for a complete and operable system. 49.3 FIBERGLASS LINER PRODUCTS 49.3.1 MATERIALS 49.3.1.1 LINERS Liners shall be fiberglass engineered to meet or exceed AASHTO H 20 loading of 16,000 pound vertical wheel load. Manhole liners are to be of the integral corbel design unless otherwise stipulated. Manhole liners are to be as large in diameter as will fit into the existing manhole. The contractor shall measure the existing manhole immediately prior to ordering materials and is solely responsible for the fitting of the liner. Contractor will be required to submit factory certification for fiberglass liners. The manhole liner shall meet all requirements of ASTM D 3753. 49.3.1.2 MORTAR Mortar shall be composed of one part Portland Cement Type I and between two and three parts clean, well graded sand, 100% of which shall pass a No. 8 sieve. 49.3.1.3 GROUTING Grouting shall be a concrete slurry of four bags of Portland Cement Type 11 per cubic yard of clean, well graded sand. Sectionly-l.doc Page 100 of 127 10/13/2008 Section IV - Technical Specifications 49.3.2 INSTALLATION AND EXECUTION Excavate an area around the top of the existing manhole sufficiently wide and deep for the removal of the manhole ring and corbel section. Remove the frame and cover and corbel section without damaging the existing manhole walls. Care is to be taken not to allow brick or soil to fall into the existing manhole. Remove or reinsert loose brick- which protrude more than one inch from the interior wall of the manhole and which could interfere with the insertion of the fiberglass liner. If the shelf of the manhole invert is not level around the perimeter, form a flat shelf with mortar. Cut the liner to the proper length. Cutouts in the manhole shall be made to accommodate existing inlet and outlet pipes, drops and cleanouts. Lower the liner into the existing manhole and set the bottom of the liner into quick setting grout. Obtain a good bottom seal to prevent the loss of grout from the annular space between the outside of the liner and the inside wall of the existing manhole. Set the liner as nearly vertically as possible. Pour six inches of quick setting grout above the initial bottom seal in the annular void to insure an adequate bottom seal. Bridge the gap from drops, laterals, force mains, cleanouts and all existing piping between the existing manhole wall and the new manhole liner with P.V.C. pipe. Use quick setting mortar to seal the area around the manhole liner and piping. Fill the annular space between the manhole liner and the existing manhole interior walls with grout. Care must be taken not to deflect the manhole liner due to head pressure. Set the existing manhole ring and cover using brick to make elevation adjustments as needed. Observe watertightness and repair any visible leakage. Backfill around the new liner and compact the backfill. Sod the disturbed area. Match existing sod. Where manholes fall in paved areas, disturbed base shall be replaced twice the original thickness and compacted in 8" layers. Asphalt shall be replaced with 1 1/2" of Pinellas County Type II surface. 49.4 STRONG SEAL MS-2 LINER PRODUCT SYSTEM This specification shall govern all work to spray apply a monolithic fiber reinforced cementitious liner to the wall and bench surfaces of brick, concrete or any other construction material; Strong Seal MS 2 product. Described are procedures for manhole preparation, cleaning, application and testing. The applicator must be approved, trained and certified as having successfully completed factory training. The applicator/contractor shall famish all labor, equipment and materials for applying the Strong Seal MS 2 product directly to the contour of the manhole to form a structural cementitious liner of a minimum 1/2" thickness using a machine specially designed for the application. All aspects of the installation shall be in accordance with the manufacturer's recommendations and with the following specifications which includes: 1. The elimination of active infiltration prior to making the application. 2. The removal of any loose and unsound material. SectionIV-1.doc Page 101 of 127 10/13/2008 Section N - Technical Specifications 3. The spray application of a pre blended cementitious mix to form a monolithic liner in a 2 coat application. 49.4.1 MATERIALS 49.4.1.1 PATCHING MIX Strong Seal shall be used as a patching mix according to the manufacturer's recommendations and shall have the following minimum requirements: 1. Compressive Strength (ASTM C-109) 15 min., 200 psi 6 hrs., 1,400 psi 2. Shrinkage (ASTM C-596) 28 days, 150 psi 3. Bond (ASTM C-952) 28 days, 150 psi 4. Cement Sulfate resistant 5. Density, when applied 105 +/_ 5 pcf 49.5 INFILTRATION CONTROL Strong Plug shall be used to stop minor water infiltration according to the manufacture's recommendations and shall have the following minimum requirements: 1. Compressive strength (ASTM C-109) - 600 psi, 1 hr.; 1000 psi 24 hrs. 2. Bond (ASTM C-952) - 30 psi, 1 hr.; 80 psi, 24 hrs. 49.6 GROUTING MIX Strong-Seal Grout shall be used for stopping very active infiltration and filling voids according to the manufacture's recommendations. The grout shall be volume stable, and have a minimum 28 day compressive strength of 250 psi and a 1 day strength of 50 psi. 49.7 LINER MIX Strong Seal MS 2 shall be used to form the monolithic liner covering all interior manhole surfaces and shall have the following minimum requirements at 28 days: 1. Compressive strength (ASTM C 109) 3,000 psi 2. Tensile strength (ASTM C 496) 300 psi 3. Flexural strength (ASTM C 78) 600 psi 4. Shrinkage (ASTM C 596) 0% at 90% R.H. 5. Bond (ASTM C 952) 130 psi 6. Density, when applied 105 + pcf Product must be factory blended requiring only the addition of water at the Job site. Bag weight shall be 50 51 pounds and contents shall have dry bulk density of 54 to 56 pounds per cubic foot. Fiberglass rods which are contained in the product shall be alkaline resistant and shall be 1/2" to 5/8" long with a diameter of 635 to 640 microns. Products shall, in the un mixed state, have a lead content not greater than two percent (2%) by weight. SectionIV-l.doc Page 102 of 127 10/13/2008 Section IV - Technical Specifications Strong Seal MS 2C shall be made with Calcium Aluminate Cement and shall be used according to the manufacturer's recommendations in applications where there is evidence of severe sulfide conditions. Product must be factory blended requiring only the addition of water at job site. Bag weight shall be 50-51 pounds and contents must have a dry bulk density of 50 56 pounds per cubic foot. Cement content must be 65%-75% of total weight of bag. One bag of product when mixed with correct amount of water must have a wet density of 95 108 pounds per cubic foot and must yield a minimum of .67 cubic foot of volume. Fiberglass rods must be alkaline resistant with rod lengths not less than 1/2" in length nor greater than 5/8" in height. Product shall not include any basic ingredient that exceeds maximum allowable EPA limit for any heavy metal. Manufacturer must provide MSDS sheets for product(s) to be used in reconstruction process. A two coat application of liner material will be required (no exceptions) with the first coat rough troweled to force materials into cracks and crevices to set the bond. The second coat to be spray applied to assure minimum 1/2" thickness after troweling or brush finishing to a relatively smooth finish. 49.8 WATER Shall be clean and potable. 49.9 OTHER MATERIALS No other material shall be used with the mixes previously described without prior approval or recommendation from the manufacturer. 49.10 EQUIPMENT A specially designed machine consisting of an optimized progressive cavity pump capable of producing a minimum of 250 psi pumping pressure, contra blend mixer with twin ribbon paddles with discharge, and an air system for spray application of product. Equipment must be complete with water storage and metering system. Mixer and pump is to be hydraulically powered. Equipment is to be mounted to heavy duty construction tandem axle road worthy trailer complete with electric brakes and running lights. Internal combustion engine must be included to power the hydraulic system and air compressor. 49.11 INSTALLATION AND EXECUTION 49.11.1 PREPARATION 1. Place boards over inverts to prevent extraneous material from entering the sewer lines and to prevent up stream line from flooding the manhole. 2. All foreign material shall be removed from the manhole wall and bench using a high pressure water spray (minimum 1,200 psi). Loose and protruding brick, mortar and SectionIV-l.doc Page 103 of 127 10/13/2008 Section IV - Technical Specifications concrete shall be removed using a mason's hammer and chisel and/or scraper. Fill any large voids with quick setting patching mix. 3. Active leaks shall be stopped using quick setting specially formulated mixes according to the manufacturer's recommendations. Some leaks may require weep holes to localize the infiltration during the application after which the weep holes shall be plugged with the quick setting mix prior to the final liner application. When severe infiltration is present, drilling may be required in order to pressure grout using a cementitious grout. Manufacturer's recommendations shall be followed when pressure grouting is required. 4. Any bench, invert or service line repairs shall be made at this time using the quick setting mix and following the manufacturer's recommendations. 5. After all preparation has been completed, remove all loose material. 49.11.2 MIXING For each bag of product, use the amount of water specified by the manufacturer and mix using the Spray Mate Model 35C or 35D equipment for 30 seconds to a minute after all materials have been placed in the mixing hopper. Place the mix into the holding hopper and prepare another batch with timing such that the nozzleman can spray in a continuous manner without interruption until each application is complete. 49.11.3 SPRAYING The surface, prior to spraying, shall be damp without noticeable free water droplets or running water. Materials shall be sprayed, applied to a minimum uniform thickness to insure that all cracks, crevices and voids are filled and a somewhat smooth surface remains after light troweling. The light troweling is performed to compact the material into voids and to set the bond. Not before the first application has begun to take an initial set (disappearance of surface sheen which could be 15 minutes to 1 hour depending upon ambient conditions) is the second application made to assure a minimum total finished thickness of 1/2 inch. The surface is then troweled to a smooth fmish being careful not to over trowel so as to bring additional water to the surface and weaken it. A brush finish may be applied to the fmished coat to remove trowel marks. Manufacturer's recommendation shall be followed whenever more than 24 hours have elapsed between applications. The wooden bench covers shall be removed and the bench is sprayed such that a gradual slope is produces from the walls to the invert with the thickness at the edge of the invert being no less than 1/2 inch. The wall bench intersection shall be rounded to a uniform radius, the full circumference of the intersection. The final application shall have a minimum of four (4) hours cure time before being subjected to active flow. 49.11.4 PRODUCT TESTING At some point during the application, at least four (4) 2 inch cubes may be prepared each day or from every 50 bags of product used, identified and sent, in accordance with the Owner's or Manufacturer's directions, for compression strength testing as described in ASTM C 109. 49.11.5 CURING Ambient manhole conditions are adequate for curing so long as the manhole is covered. It is imperative that the manhole be covered as soon as possible after the application has been completed. SectionIV-I.doc Page 104 of 127 10/13/2008 Section N - Technical Specifications 49.11.6 MANHOLE TESTING AND ACCEPTANCE Manhole may be vacuum tested from the top of manhole frame to the manhole base. All pipes entering the manhole shall be plugged, taking care to securely place the plug from being drawn into the manhole. The test head shall be placed and the seal inflated in accordance with the manufacturers' recommendations. A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. The manhole shall pass if the time is greater than sixty (60) seconds for forty eight (48) inch diameter, seventy five (75) seconds for sixty (60) inches, and ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained. Tests shall be performed by the Contractor under the direction of the Project Engineer. 49.12 INNERLINE ENVIRONMENTAL SERVICES LINER PRODUCT SYSTEM 49.12.1 SCOPE Materials and application procedures for manhole rehabilitation for the purpose of restoring structural integrity, providing corrosion resistance, and stopping infiltration by means of: 1. Hydraulic grouting, where required, as a preliminary measure to stop high volume infiltration 2. Hydrophilic grouting (positive side waterproofing), where required, as follows: a. Hydrophilic foam-injected through wall of manhole to fill voids and/or b. Hydrophilic gel-injected through wall of manhole to stop active leaks 3. Cementitious waterproofing with crystallization (negative side waterproofing) 4. Calcium aluminate cement lining, minimum of 1/2 inch 5. Epoxy coating, minimum of 30 dry mils 49.12.2 MATERIALS 49.12.2.1 REPAIRING CEMENT A quick setting hydraulic cement compound shall be used to plug all visible minor leaks and to instantly stop major leaks, so that further waterproofing processes may proceed unhindered. The repairing cement shall be nonshrinking, nonmetallic, and noncorrosive. The compound shall have the following properties: Set Time Tensile Strength ASTM C 307 Compressive Strength ASTM -C 109 1-3 minutes 1 day 510 psi 3 days 745 psi 28 days 855 psi 1 day 3,125 psi 7 days 7,808 psi 28 days 9,543 psi SectionIV-l.doc Page 105 of 127 10/13/2008 Section IV - Technical Specifications Flexural Strength ASTM C 78 1 day 410 psi 3 days 855 psi 28 days 1,245 psi 49.12.2.2 HYDROPHILIC GROUTING Based on conditions found in and around the manhole, the applicator shall pressure inject either one or both of the following materials: 1. An expansive foam grout shall be used to stop major intrusion of water and fill cracks in and voids behind the structure's surface. Physical properties are as follows: Tensile Strength 380 psi ASTM D 3574-86 Elongation 400% ASTM D 3574-86 Bonding Strength 250-300 psi 2. A hydrophilic gel grout shall be used for soil stabilization behind the manhole-to prevent seepage, to provide a damming effect, and to place a hydrostatic barrier around exterior of manhole. Physical properties are as follows: Density 8.75-9.17 lbs/gal ASTM D-3574 Tensile Strength 150 psi ASTM D- 412 Elongation 250% ASTM D-3574 Shrinkage Less than 4% ASTM D-1042 Toxicity Non Toxic 49.12.2.3 WATERPROOFING A waterproofing component based on the crystallization process shall be applied. The system combines cementitious and silicate based materials that are applied to negative side surfaces to seal and stop leakage caused by hydrostatic pressure. A combination of five coats (using three components-two powders and a special liquid) react with moisture and the constituents of the substrate to form the crystalline structure. It becomes an integral part of the structure and blocks the passage of water. With moisture present, the crystallization process will continue for approximately six months. Upon completion the color will be light grey. Physical properties are as follows: Slant/Shear bond Strength to Calcium Aluminate Cement ASTM (to be given) Tensile Strength (7 day cure) ASTM C 190 Permeability (3 day cure) CRD 48 55 49.12.2.4 CEMENT LINING 1,200 1,800 psi 380 psi (2.62 MPa) 325 psi (2.24 MPa) at 100% RH at 50% RH 8.1x10 llcm/sec to 7.6x10 cm/sec A self bonding calcium aluminate cement shall be applied to restore structural integrity and provide corrosion resistance qualities. The cement (before adding fibers) shall have the following properties: Calcium Aluminate Cement I 12 Hrs I 24 Hrs I 7 Days I 28 Days SectionIV-l.doc Page 106 of 127 10/13/2008 Section N - Technical Specifications Astor C 495 Compressive Strength, Psi 7000 11000 12000 13000 Astm C 293 Flexural Strength, Psi 1000 1500 1800 2000 Astm C 596 Shrinkage At 90% Humidity - c0.04 <0.06 c0.08 Aslm C 666 Freeze-Thaw Aft 300 Cycle No Damage Astor C 990 Pull - Out Strength 200 - 230 Psi Tensile Astor C 457 Air Void Content (7 Days) 3% Astm C 497 Porosity/Adsorption Test 4-5% Modules of Elasticity: 7.10 X 10 PSI after 24 Hrs moist curing at 68 F. The calcium aluminate cement shall be reinforced with inert fibers which comply with ASTM C 1116 and ASTM C 1018, added at the rate of one pound per cubic yard of concrete. The mixture shall be applied to a thickness of at least one half inch, but no greater than two inches. It will have a dark grey color. 49.12.2.5 EPOXY COATING A high build, flexible waterproofing epoxy shall be applied to a minimum of 30 dry mils. This epoxy will seal structure from moisture and provide protective qualities to the surface, including excellent resistance to chemical attack and abrasion. The epoxy shall be 100% solids, can be applied to damp surfaces, cures to a tile like finish, is easy to clean, and has no toxic fumes. Its uses include sewage treatment plants and other sewer structures. The epoxy shall have the following properties at 75 degrees F: Mixing Ratio (Parts A:B), by volume 1:1 Color (other colors available on request) Light Gray Pot Life, hrs 1 Tensile Strength, psi, min 2,000 Tensile Elongation, % 10-20 Water Extractable Substances, mg./sq. in., max 5 Bond Strength to Cement (ASTM 882) psi 1,800 49.12.2.6 CHEMICAL RESISTANCE Alcohols, Trichloroethylene, Nitric Acid (3%), Jet Fuels, Water, Sulfuric Acid (3% 10%), MEK, Wine, Butyl Acetate, Beer, Lactic Acid (3%), Gasoline, Corn Oil, Aluminum Sulfate, Paraffin Oil, Vegetable Juice, Sodium Chloride, Motor Oil, Hydrochloric Acid (3%), and many others. 49.12.3 INSTALLATION AND EXECUTION 49.12.3.1 PROCEDURAL OVERVIEW Work shall proceed as follows: 1. Remove rungs (steps), if desired by client. 2. Clean manhole and remove debris. a. Plug lines and/or screen out displaced debris. b. Apply acid wash, if necessary, to clean and degrease. c. Hydroblast and/or sand blast structure. SectionN-l.doc Page 107 of 127 10/13/2008 Section IV - Technical Specifications d. Remove debris from work area. 3. Repair minor defects in walls, benches, and inverts, as required, with repairing cement. (Note: Major structural repairs, such as rebuilding of benches, will also be made as required by client. 4. Inject hydrophilic grout through all surfaces, as needed, to eliminate infiltration. 5. Apply cementitious/crystallization waterproofing agents to all surfaces, repeating steps as needed. 6. Spray and/or hand apply calcium aluminate cement lining to all surfaces. 7. Spray apply epoxy coating to all surfaces. NOTE: Steps 1-5 shall be executed consecutively with minimal delays; calcium aluminate (Step 6) shall require a cure time of at least twenty-four hours for needed adhesion of epoxy (Step 7) to cement lining. 49.12.3.2 PREPARATION An acid wash shall be used (if needed) to clean and degrease. Then, if the client desires, the rungs shall be removed. Next, the entire structure is thoroughly water and/or sand blasted to remove any loose or deteriorated material. Care shall be taken to prevent any loose material from entering lines and other areas by either plugging the lines ( where feasible) or inserting protective screens. 49.12.3.3 STRUCTURAL REPAIR Hand place or spray apply hydraulic cement material as necessary to prepared surface to fill cracks and voids in structure. Allow twenty (20) minutes before applying waterproofing/crystallization. 49.12.3.4 INFILTRATION CONTROL Pressure injection of hydrophilic gel and hydrophilic foam. 1. Drill 5/8" holes through active leaking surface. 2. Install all zert fittings, as recommended by manufacturer. 3. Inject material until water flow stops. 4. Remove fittings (if necessary). 49.12.3.5 WATERPROOFING/CRYSTALLIZATION PROCESS 1. Apply a slurry coat of powder #1 to moist wall using a stiffbrush, forming an undercoat. 2. Apply dry powder #2 to slurry coat by hand. 3. Brush or spray on sealing liquid during the application to penetrate and initiate the crystal forming process. 4. Repeat steps 2 and 3, until there are no visible leaks. 5. Apply powder #1 as an overcoat. 6. Allow one (1) hour to cure before applying cement lining. SectionrV-l.doc Page 108 of 127 10/13/2008 Section rV - Technical Specifications 49.12.3.6 CEMENT LINING 1. Dampen surface. 2. Mix material in mixer as recommended for spray or hand trowel application. 3. Apply cement until required build up of at least one half inch (and no more than 2 inches) has been achieved. 4. Trowel to smooth finish, restoring contours of manhole. 5. Texture brush surface to prepare for epoxy finish. 6. Allow for a 24-hour cure time prior to epoxy coating. NOTE: If conditions of heavy humidity prevail, a dry air blower shall be used to facilitate curing times. 49.12.3.7 EPOXY COATING Spray apply epoxy coating using airless spraying equipment until surface is visibly covered and a thickness of at least 30 mils has been achieved. Manhole may be safely entered after six (6) hours, as epoxy will be hardened. Full cure strength will be achieved at forty eight (48) hours. 49.12.3.8 CLEAN UP The work crew shall remove all debris and clean work area. 49.12.3.9 MANHOLE TESTING AND ACCEPTANCE Manhole may be vacuum tested from the top of manhole frame to the manhole base. All pipes entering the manhole shall be plugged, taking care to securely place the plug from being drawn into the manhole. The test head shall be placed and the seal inflated in accordance with the manufacturers' recommendations. A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. The manhole shall pass if the time is greater than sixty (60) seconds for forty eight (48) inch diameter, seventy five (75) seconds for sixty (60) inches, and ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained. Tests shall be performed by the Contractor under the direction of the Project Engineer. 49.12.3.10 WARRANTY All materials and workmanship shall be warranted to the Owner for a period of five (5) years, provided that all the above mentioned repair steps are used. 50 PROJECT INFORMATION SIGNS This article deleted. See SECTION III, ARTICLE 23 - PROJECT INFORMATION SIGNS. 51 IN-LINE SKATING SURFACING SYSTEM 51.1 SCOPE 1. These specifications pertain to the application of the Plexiflor Color Finish System over recreational areas intended for In-Line Skating activities. The materials specified in the sectionlV-l.doc Page 109 of 127 10/13/2008 Section IV - Technical Specifications site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex System. 2. The work shall consist of suitable cleaning and preparation of the surface to assure a satisfactory bond of the system to the existing surface. 3. All coverage rates are calculated prior to dilution. 4. Plexiflor In-line Skating Surfacing System • 1 Coat of Acrylic Resurfacer • 2 Coats of Fortified Plexipave • 2 Coats of Plexiflor • Plexicolor Line Paint 51.2 SURFACE PREPARATIONS 51.2.1 ASPHALT Allow new asphalt to cure a minimum of 6 months. The surface must be checked for birdbaths, cracks and other irregularities and repaired with Court Patch Binder according to California Specification Section 10.14. (Surfacing prior to six months may make the asphalt subject to indentation). 51.2.2 CONCRETE Concrete shall have a wood float or broom finish. DO NOT PROVIDE STEEL TROWEL FINISH. DO NOT USE CURING AGENTS OR CONCRETE HARDENERS. Allow the concrete to cure a minimum of 30 days. Acid Etch the entire surface with Concrete Preparer according to California Specification Section 10.13. Check surface for birdbaths, cracks and other irregularities and repair with Court Patch Binder according to California Specification Section 10.14. 51.2.3 COURT PATCH BINDER MIX Court Patch Binder Mix: 100 Lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Couth Patch Binder 1 to 2 gallons Portland Cement. 51.3 APPLICATION OF ACRYLIC FILLER COAT 1. Application of the Acrylic Resurfacer Mix shall be applied to the clean, dry, level surfaces to receive the Plexiflor Surfacing System. The mix shall be applied according to California Specification Section 10.8 using the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20-40 gallons Sand (60-80 mesh) 600-900 pounds Liquid Yield 112-138 gallons 2. Over asphalt surfaces, apply the Acrylic Resurfacer Mix in one or two coats (depending on surface porosity) at a rate of .05 -.07 gallons per square yard per coat. 3. Non-coated concrete surfaces must be neutralized with concrete preparer and primed with California Ti-Coat according to Specification Section 10.17. The Acrylic Resurfacer Mix SectionIV-l.doc Page 110 of 127 10/13/2008 Section IV - Technical Specifications must be applied within 3 hours of the TiCoat application while the primer is dry but still tacky to the touch. Apply the Acrylic Resurfacer Mix in one or two applications at a rate of .05-.07 gallons per square yard per coat. 51.4 APPLICATION OF FORTIFIED PLEXIPAVE After the filler coat application has dried, apply two coats of Fortified Plexipave at an undiluted rate of .05-.07 gallons per square yard per coat using the following mix: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons 51.5 PLEXIFLOR APPLICATION 1. Plexiflor is factory premixed and ready to use from the container. The material may be diluted with one (1 ) part water to six (b) parts Plexiflor to improve flowability and provide uniform application. 2. Apply two coats of Plexiflor at a rate of .04-.05 gallons per square yard per coat. 3. Plexiflor is applied (in a similar manner to Plexipave) in windrows on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. Apply only light pressure to the squeegee. Do not allow ridges to form between passes of the squeegee. Ridges existing after material dries should require corrective action. 4. Plexiflor and its preliminary coatings should be allowed to thoroughly dry prior to application of subsequent coats. 51.6 PLAYING LINES Four hours minimum after completion of the color resurfacing, playing lines shall be accurately located, marked and painted with Plexicolor Line Paint as specified by The National In-Line Hockey Association. 51.7 GENERAL 1. The contractor shall remove all containers, surplus materials and debris upon completion of work leaving the site in a clean, orderly condition that is acceptable to the owner. Gates shall be secured and all containers shall be disposed of in accordance with Local, State and Federal regulations. 2. Materials specified for the Plexiflor System shall tee delivered to the site in sealed, property labeled arums with California Products Corporation labels that are stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not be accepted. Mixing with clear, fresh water shall only be done at the job site. Coverage rates are based upon material prior to mixing with water as specified. 51.8 LIMITATIONS 1. Do not apply if surface temperature is less than 50°F or more than 1 40°F. 2. Do not apply when rain or high humidity is imminent. 3. Do not apply when surface is damp or has standing water. SectionIV-1.doc Page 111 of 127 10/13/2008 Section IV - Technical Specifications 4. Plexiflor will not hide surface imperfections of previous coatings. 5. Keep from freezing. Do not store in the hot sun. 6. Keep containers tightly closed when not in use. 7. Plexiflor will not prevent substrate cracks from occurring. 8. Plexiflor will mark slightly from normal use of some In-line Skates. 9. Coefficient of friction = 0.78 10. Coating Application Drying Time: 30 minutes to 1 hour at 70°F with 60% relative humidity. 11. Keep court clean. Excess dirt or foreign material can cause the surface to be slippery. In-Line hockey is a physical sport. Always wear NIHA recommended protective gear. 52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION This article deleted. See SECTION III, ARTICLE 22 - RESIDENT NOTIFICATION OF START OF CONSTRUCTION. 53 GABIONS AND MATTRESSES 53.1 MATERIAL 53.1.1 GABION AND RENO MATTRESS MATERIAL 53.1.1.1 PVC COATED WIRE MESH GABIONS & MATTRESSES Gabion & mattress basket units shall be of non-raveling construction and fabricated from a double twist by twisting each pair of wires through three half turns developing the appearance of a triple twist. The galvanized wire core shall have a diameter of 0.1063 inches (approx. US gauge 12). All wire used in the fabrication of the gabion shall comply with or exceed Federal Specifications QQ-W 461H, possess a maximum tensile strength of 70,000 p.s.i. with a Finish 5, Class 3 zinc coating in accordance with the current ASTM A-641. The weight of zinc coating shall be determined by ASTM A-90. The grade of zinc used for coating shall be High Grade or Special High Grade, as prescribed in ASTM B-6, Table 1. Uniformity of coating shall equal or exceed four 1-minute dips by the Preece test, as determined by ASTM A-239. The PVC coating shall be extruded and adhere to the wire core prior to weaving. The PVC coated wire shall be woven into a double twisted hexagonal mesh having uniform openings of 3 1/4 inches by 4 %Z inches. The overall diameter of the mesh wire (galvanized wire core plus PVC coating) shall be 0.146 inches. Selvedge and reinforcing wire shall be of heavily galvanized wire core, 0.1338 inches in diameter (approx. US gauge 10), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.173 inches. Lacing and connecting wire shall be of soft tensile strength (75,000 PSI max), heavily galvanized wire core, 0.087 inches in diameter (approx. US gauge 13 V2), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.127 inches. The use of alternate wire fasteners shall be permitted in lieu of tie wire providing the alternate fastener produces a four (4) wire selvedge joint with a strength of 1200 lbs. per linear foot while remaining in a locked and closed condition. Properly formed interlocking fasteners shall be spaced from 4 to 6 inches and have a minimum 3/4 square inch inside area to properly confine the required selvedge wires. Tiger-Tite SectionlV-l.doc Page 112 of 127 10/13/2008 Section N - Technical Specifications Interlocking Fasteners are an approved alternate joint material. The Interlocking Wire Fastener shall meet stainless steel material specification ASTM A-313, Type 302, Class 1, or equal. All of the above wire diameters are subject to tolerance limit of 0.004 inches in accordance with ASTM A-641. 53.1.1.2 PVC (POLYVINYL CHLORIDE) COATING The coating shall be gray in color and shall have a nominal thickness of 0.0216 inches but not less than 0.015 inches in thickness. The protective PVC plastic shall be suitable to resist deleterious effects from exposure to light, immersion in salt or polluted water and shall not show any material difference in its initial compound properties. The PVC compound is also resistant to attack from acids and resistant to abrasion. 1. Specific Gravity: a. According to ASTM D-2287 and ASTM D- 792; in the range of 1.30 to 1.34. 2. Tensile Strength: a. According to ASTM D-142; not less than 2980 psi. 3. Modulus of Elasticity: a. According to ASTM D-412; not less than 2700 psi at 100% strain. 4. Resistance to Abrasion: a. According to ASTM 1242; weight loss <12% (Method B). 5. Brittleness Temperature: a. According to ASTM D-746, Procedure A; shall be at least 8.3 degrees centigrade below the minimum temperature at which the gabions will be handled or placed but not lower than -9.4 degrees centigrade. 6. Hardness: a. According to ASTM D-2240; shall be between 50 and 60 Shore D when tested. 7. Creeping Corrosion: a. Maximum corrosion penetration to the wire core from a square cut end section shall not be more than 25mm when the specimen has been immersed for 2000 hours in a 50% SOLUTION HC 1 (hydrochloric acid 12 Be). 53.1.1.3 ACCELERATED AGING TESTS Variation of the initial properties will be allowed, as specified below, when the specimen is submitted to the following Accelerated Aging Tests: 1. Salt Spray Test: a. According to ASTM B-117 b. Period of test = 3000 hours. 2. Exposure to ultraviolet rays: a. According to ASTM D-1499 and ASTM G-23 (Apparatus Type E). Period of test = 3000 hours at 63 degrees centigrade. SectionlV-1.doc Page 113 of 127 10/13/2008 Section IV - Technical Specifications 3. Exposure to high temperature: a. Testing period: 240 hours at 105 degrees centigrade, when tested in accordance with ASTM D- 1203 and ASTM D-2287. 53.1.1.4 PROPERTIES AFTER AGING TESTS After the above Accelerated Aging Tests have been performed, the PVC compound shall exhibit the following properties: 1. Appearance: a. The vinyl coating shall not crack, blister or split and shall not show any remarkable change in color. 2. Specific Gravity: a. Shall not show change higher than 6% of its initial value. 3. Durometer Hardness: a. Shall not show change higher than 10% of its initial value. 4. Tensile Strength: a. Shall not show change higher than 25% of its initial value. 5. Elongation: a. Shall not show change higher than 25% of its initial value. 6. Modulus of Elasticity: a. Shall not show change higher than 25% of its initial value. 7. Resistance to Abrasion: a. Shall not show change higher than 10% of its initial value. 8. Brittleness Temperature: a. Cold Bend Temperature - Shall not be lower than -20 degrees centigrade. b. Cold Flex Temperature -Shall not be higher than +18 degrees centigrade. 53.1.2 GABION AND MATTRESS FILLER MATERIAL: The filler stone shall be limestone from a source approved by the Engineer before delivery is started. Representative preliminary samples of the stone shall be submitted by the contractor or supplier for examination and testing by the Engineer. The stone shall have a minimum specific gravity of 2.3 and be of a quality and durability sufficient to insure permanency in the structure. The individual stones shall be free of cracks, seams, and other defects that would tend to promote deterioration from natural causes, or which might reduce the stones to sizes that could not be retained in the gabion or mattress baskets. The stone shall meet the following physical requirements: • Absorption, maximum 5% • Los Angeles Abrasion (FM 10T096), maximum loss 45% • Soundness (Sodium Sulphate), (FM 1-T104), maximum loss 12% SectionIV-l.doc Page 114 of 127 10/13/2008 Section rV - Technical Specifications • Flat and elongated pieces, materials with least dimension less than one third of greatest dimension shall not exceed 5% by weight. All filler material shall be uniformly graded between 4 inch and 8 inch (equivalent spherical diameter) and shall be angular in form. Rounded stones shall not exceed 10% of the stone, by weight and 70% of the stone, by weight, shall exceed the largest dimension of the mesh opening. 53.1.3 MATTRESS WIRE Mattress wire shall conform to the same specifications as gabions except as follows: 1. The nominal diameter of the wire used in the fabrication of the netting shall be 0.0866 inches minimum, subject to diameter tolerance in accordance with the current ASTM A 641, Table 3. 2. All wire shall be galvanized according to ASTM A 641, Table 1. The minimum weight of the zinc coating shall be 0.70 ozs./sq. ft. for the 0.0866 inch wire used for mesh and lacing and 0.80 ozs./sq. ft. for the 0.106 wire used for selvedge. 3. Adhesion of the zinc coating to the wire shall be capable of being wrapped in a close helix at a rate not exceeding 15 turns per minute around a cylindrical steel mandrel having a diameter 3 times the nominal wire diameter being tested. After the wrap test is completed, the wire shall not exhibit any cracking or flaking of the zinc coating to such an extent that any zinc can be removed by rubbing with bare fingers. 53.1.4 GEOTEXTILE FABRIC Fabric shall conform to FDOT Standard Index 199, Type D-2, and FDOT Standard Specifications, 1996 edition, Section 985. 53.2 PERFORMANCE Gabions and Reno Mattresses shall be installed according to the manufacturer's recommendations and as shown on the Drawings. Fabrication of gabion baskets shall be in such a manner that the sides, ends, lid and diaphragms can be assembled at the construction site into rectangular baskets of the sizes specified and shown on the Drawings. Gabions and mattresses shall be of single unit construction; the base, lid ends and sides shall be either woven into a single unit or one edge of these members connected to the base section of the gabion in such a manner that the strength and flexibility at the connecting point is at least equal to that of the mesh. Where the length of the gabion and mattress exceeds one and one-half its horizontal width, they shall be equally divided by diaphragms of the same mesh and gauge as the mattresses shall be furnished with the necessary diaphragms secured in proper position on the base so that no additional tying is required at this juncture. The wire mesh is to be fabricated so that it will not ravel. This is defined as the ability to resist pulling apart at any of the twists or connections forming the mesh when a single wire strand in a section of mesh is cut. Each gabion or mattress shall be assembled by tying all untied edges with binding wire. The binding wire shall be tightly looped around every other mesh opening along seams so that single and double loops are alternated. A line of empty gabions shall be placed into position according to the contract drawings and binding wire shall be used to securely tie each unit to the adjoining one along the vertical reinforced edges and the top selvedges. The base of the empty gabions placed on top of a filled line of gabions shall be tightly wire to the latter at front and back. SectionIV-l.doc Page 115 of 127 10/13/2008 Section N - Technical Specifications To achieve better alignment and finish in retaining walls, gabion stretching is recommended. Connecting wires shall be inserted during the filling operation in the following manner: Gabions shall be filled to one third full and one connecting wire in each direction shall be tightly tied to opposite faces of each cell at one third height. The gabion shall then be filled to two thirds full and one connecting wire in each direction shall be tightly tied to opposite face of each cell at one two third height. The cell shall then be filled to the top. Filler stone shall not be dropped more than 12" into the gabions and mattresses. Geotextile fabric shall be installed at locations shown in the Drawings. The surface to receive the cloth shall be prepared to a relatively smooth condition free of obstructions which may tear or cut the cloth. The panel shall be overlapped a minimum of 30 inches and secured against movement. Cloth damaged or displaced during installation, gabion work, or backfill shall be replaced or repaired to the satisfaction of the Engineer at the contractor's expense. The work shall be scheduled so that the fabric is not exposed to ultraviolet light more than the manufacturer's recommendations or five days, whichever is less. 54 LAWN MAINTENANCE SPECIFICATIONS 54.1 SCOPE To remove trash and debris from landscape and paved area; maintenance and fertilization of plant beds and landscape materials; maintenance, repair, and operation of irrigation systems; ornamental pest control; palm pruning; maintenance of traffic; and the cleaning of hard surfaces at designated areas. The Contractor is to work with the City in coordinating maintenance activities and reporting irregularities in the work zone. The Contractor(s) will provide the labor and materials required to maintain the landscaped street medians including: • Traffic safety and Maintenance of Traffic; • Trash and debris removal from the job site; • Removal of weeds in landscaped areas and hard surfaces; • Proper trimming and pruning of landscape plants and palms; • Proper fertilization and pest control of landscape and palms (may be subcontracted); • Irrigation service and repair; • Mulch replacement; • Cleaning of hard surfaces; and the • Reporting of irregularities at the job site. 54.2 SCHEDULING OF WORK The Contractor(s) shall accomplish all landscape maintenance required under the contract between the hours of 6:30 a.m. and 7:00 p.m. Monday through Saturday, excluding observed holidays. The City may grant, on an individual basis, permission to perform contract maintenance at other hours. All work shall be completed in a continuous manner, that is the cleanup, weeding, trimming, etc., be completed before leaving the job site. SectionN-1.doc Page 116 of 127 10/13/2008 Section N - Technical Specifications 54.3 WORK METHODS 54.3.1 MAINTENANCE SCHEDULING The Contractor(s) will adhere to a work schedule provided by the City (see Level of Service). Any variations to that schedule, requested by either party, must be approved, either verbally or in writing by an authorized representative of the other party. 54.3.2 DUTIES PER SERVICE VISIT The contractor(s) shall provide the following service at each scheduled visit to the designated location: 54.4 LITTER Remove trash and debris from the area to be maintained. Proper disposal of collected trash and debris is a requirement of the contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City to clean up. The contractor should report such accumulations of debris when they are encountered. Bids for the extraordinary cleanup from the contractor would be considered. 54.5 VISUAL CHECK The site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead or damaged plant material, vandalism, etc., which should be reported to the City within 24 hours after providing the service. 54.6 PLANT TRIMMING AND PALM PRUNING All plant material should be trimmed in a manner that promotes the natural shape and mature size of the particular specie. Trimming should be performed at intervals that will maintain plants in a neat appearance. Trimming should be performed to promote fullness of the plants, while maintaining height restrictions in Clear Sight Zones as established on the landscape plans. Plants shall be kept trimmed to the back of curb. Brown foliage shall be removed from Liriope. Palm pruning to be performed at least once per year, preferably in late June or July following flower formation, according to the following specifications: 54.7 PHOENIX SPECIES (CANARY DATE, INDIA DATE, PYGMY DATE, ETC.) Remove all descending fronds, to the base of the frond; all parallel and ascending fronds are to remain in order to leave a full, rounded head; seed heads may remain, but remove old faded heads that are encountered in the pruning process; remove loose frond boots; remove vegetation; such as strangler figs, Brazilian Pepper, Asparagus fern, etc., growing in the frond boots or on the trunk. Provide the rounded, classic cut on all Medjool palm boots. No climbing spikes allowed on palms. 54.8 DEBRIS REMOVAL All debris from pruning process is to be removed from the job site and disposed of by the contractor. Work sites should be left in a clean and neat appearance upon completion. SectionIV-l.doc Page 117 of 127 10/13/2008 Section IV -Technical Specifications 54.9 TRAFFIC CONTROL Proper and safe work zones in vehicular traffic, areas are to be set up and maintained by the contractor, according to the attached Maintenance of Traffic specifications. 54.10 PEDESTRIAN SAFETY Contractor is responsible for maintaining safe work zones in areas where pedestrian and park users are present. The City reserves the right to limit the hours of operation in certain high pedestrian use areas. 54.11 PLANT FERTILIZATION All tree and plant material should be fertilized with the appropriate amount of 20-6-12 sulfur coated, slow release, ornamental fertilizer, three times per year. Applications should be made in mid-February, early June, and mid-September, for the first two years. Fertilizer types and amounts will change with requirements of maturing landscape materials. 54.12 WEED REMOVAL IN LANDSCAPED AREA Weeds should be removed on a regular basis in order to keep them from being visibly noticeable. Weed control with the use of appropriate herbicides is allowable, given they are properly applied by a certified applicator. Herbicide damage to landscape material will be remedied by contractor at his/her expense. 54.13 MULCH CONDITION Should be maintained at a thickness that will discourage weed growth as well as help retain soil moisture, usually 3 inches. 54.14 IRRIGATION SERVICE AND REPAIR Should be performed at each visit to assure the systems proper operation and timing. Drip tubing should be kept covered with mulch. Timer should be checked for proper time of day and operating schedule. Leaks or breaks in the system should be repaired before the next scheduled system running time. All repairs which will be charged at $20.00 or more must be approved in advance by the city. Minor repairs, less than $20.00, should be billed to the City in addition to the monthly maintenance fee. 54.15 LAWN AND ORNAMENTAL PEST CONTROL Should be performed by a properly licensed and certified applicator to keep pest populations at a less than damaging level. Landscape materials lost to or extensively damaged by pests will be replaced by the contractor at the contractor's expense. Diazinon products are not to be used on City properties. 54.16 PALM FERTILIZATION Apply three pounds of Magnesium sulfate and one pound of Potassium evenly, per tree, across the root zone (typically within the dripline), annually in early February. SectionIV-1.doc Page 118 of 127 10/13/2008 Section N - Technical Specifications 54.17 FREEZE PROTECTION The City will provide a freeze/frost protection fabric for the Contractor to install over freeze/frost sensitive plants (Lantana and Pentas). The covering material will be stored at a City facility (yet to be determined). Contractor will remove the covering material from storage and install over the sensitive plants, securely fastening edges of the material to the ground per manufacturer's directions. The City will furnish metal pins needed for securing fabric to the ground. The City will notify the Contractor one (1) day or twenty-four (24) hours minimum prior to the need to protect plant material. After uses, the Contractor will prepare the fabric for storage and return it to the designated City facility. Protective covering shall be removed the following afternoon or remain in placed as directed by the City. The City shall notify the Contractor by 11:00 a.m. about removing the cover or keeping it in place due to continued freezing temperatures. The City may cancel the freeze protection event at any time prior to the end of the scheduled installation day (5:00 p.m.) The Contractor will be compensated for the number of hours mobilization or on-site work at the contracted rate per man-hour unit price. The Contractor shall provide a unit price for the installation and removal of the covering fabric on a per event basis, as well as an hourly rate per employee required. The City and contractor will coordinate appropriate irrigation operations with weather conditions. Should freeze/frost damage occur, the Contractor shall perform remedial work as per unit basis, as directed by the City. 54.18 LEVEL OF SERVICE This location is to be serviced weekly. Repairs to damage or vandalism to be made within 7 working days of reported irregularity. Weekly visits should occur no closer than six and no further than ten calendar days apart. 54.19 COMPLETION OF WORK Within 24 hours of completing work the contractor shall notify the supervisor assigned to monitor the contract either in person or by phone of said completion. It is acceptable to leave a phone message. However, to make certain the message is received, it is advisable to call between 6:30 a.m. - 7:30 a.m. or 2:30 p.m. - 3:00 p.m. 54.20 INSPECTION AND APPROVAL Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services billed. 54.21 SPECIAL CONDITIONS This location will be newly installed and under warranty by the installer for a six month period on plants and 12 month warranty on palms. Landscape installer will coordinate irrigation operation with the Maintenance contractor to assure adequate irrigation to the landscape materials. Installer will also be responsible for the untying of palm heads/fronds as he feels appropriate. 2. All listed acreage or square footage figures are estimates. SectionlV-l.doc Page 119 of 127 10/13/2008 Section IV - Technical Specifications 3. All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and standards which prevail in the industry. 4. The Contractor shall be responsible for damage to any plant material or site feature caused by the Contractor or his/her employees. The Contractor shall be notified in writing of the specific nature of the damage and cost of repair. The City shall, at its option, invoice the Contractor for the payment, or reduce by the amount of the repairs the next regular payment to the Contractor. 5. Occasionally circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the City Supervisor of such occurrences, and shall schedule to perform the required maintenance to the location as soon as the pertaining circumstances are relieved. 55 MILLING OPERATIONS 55.1 EQUIPMENT, CONSTRUCTION & MILLED SURFACE Unless otherwise noted in the specs, plans or this Article, the milling operation shall be performed in accordance with Section 327 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all milling. 55.2 ADDITIONAL MILLING REQUIREMENTS 1. If the milling machine is equipped with preheating devices, the contractor is responsible to secure any necessary permits, and for complying with all local, state and federal environmental regulations governing operation of this type of equipment. 2. All milled surfaces must be repaved within seven days from the time it was milled, unless otherwise noted in the contract documents. 3. Prior to paving, all milled areas shall be swept with a Municipal type sweeper either of the vacuum or the mechanical type, that picks up and hauls off, dust and dirt (the Broom Tractor way of sweeping is not be permitted). The sweeper must be equipped with its own water supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways and curbs in addition to the roadways before leaving the job site. 4. In cases where concrete valley swales are present, the adjoining pavement shall be milled to allow for the new asphalt grade to be flush with the contract surface. 5. The Contractor shall be responsible for removing any asphalt that remains in the curb line and/or median curbs after the milling operation of a street is complete. The cost of this removal shall be included in the bid item for milling. 6. All radius returns on streets to be milled shall also be milled unless otherwise directed by the Engineer, with payment to be included in the bid item for milling. 7. Any leveling or base replacement required after milling shall be applied to sections of the road as noted on the plans, or directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications for S-Type resurfacing projects or Section 330 (latest edition) for SectionIV-1.doc Page 120 of 127 10/13/2008 Section rV - Technical Specifications superpave resurfacing projects. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 8. Any roadway base material exposed as a result of the milling operation shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to said base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost of said prime shall be included in the bid item for milling. 9. Prior to the placement of asphalt, the face of all curbs and driveways shall be tacked after the milling operation is complete. 55.3 SALVAGEABLE MATERIALS All surplus existing materials resulting from milling operations shall remain the property of the City. The transporting and stockpiling of salvageable materials shall be performed by the Contractor. The Contractor shall contact the Public Services Division at (727) 562-4950 to schedule delivery of material. 55.4 DISPOSABLE MATERIALS All surplus materials not claimed by the City shall become the property of the Contractor. The Contractor shall dispose of the material in a timely manner and in accordance with all regulatory requirements in areas provided by the Contractor at no additional expense to the City. 55.5 ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES All utilities and related structures requiring adjustment shall be located and adjusted by their owners at the owner's expense. The Contractor shall arrange his schedule to allow utility owners the time required for such adjustments (minimum 48 hours notice per State Statute). All utility adjustments shall be completed prior to the commencement of milling and resurfacing operations. 55.6 ADJUSTMENT OF UTILITY MANHOLES The necessary adjustments of sanitary sewer and stormwater utility manholes and appurtenances shall be accomplished by the Contractor in accordance with Section IV, Article 23.7 of the City's Technical Specifications. 55.7 TYPES OF MILLING There are two types of milling used by the City: A. Wedge - This will consist of milling a six foot wide strip along the curb line of the pavement adjacent to the curb so the new asphalt will align with the original curb height and pavement cross section. B. Full Width - This will consist of milling the entire roadway (i.e. curb line/edge of pavement to curb line/edge of pavement). All existing horizontal and vertical geometry shall remain unless otherwise indicated or approved by the Engineer. SectionIV-1.doc Page 121 of 127 10/13/2008 Section N - Technical Specifications 55.8 MILLING OF INTERSECTIONS Intersections, as well as other areas (including radius returns) are to be milled and repaved to restore and/or improve the original drainage characteristics. Said work should extend approximately 50 to 100 feet in both directions from the low point of the existing Swale. 55.9 BASIS OF MEASUREMENT The quantity to be paid for will be the area milled, in square yards, completed and accepted. 55.10 BASIS OF PAYMENT The unit price for milling shall include: all materials, preparation, hauling, transporting and stockpiling of salvageable materials, disposal of all surplus material, any required milling of radius returns and intersections, prime and/or tack coat either required or placed at Engineer's discretion, removal of asphalt from curbs, sweeping, labor, equipment, and all incidentals necessary to complete the milling in accordance with the plans and specifications. 56 CLEARING AND GRUBBING The work included in this specification includes the removal and disposal of all structures, appurtenances, asphalt, concrete, curbs, walls, trees, roots, vegetation, boulders, conduits, poles, posts, pipes, inlets, brush, stumps, debris and other obstructions resting on or protruding through the ground surface necessary to prepare the area for construction. Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard Specifications (latest edition). Unless otherwise specified in the contract documents, the Contractor shall take ownership of all removed material and dispose of them off-site in accordance with all Local, State and Federal Requirements. 56.1 BASIS OF MEASUREMENT The basis of measurement shall be either a lump sum quantity or the number of acres cleared and grubbed as specified on the plans or directed by the Engineer. 56.2 BASIS OF PAYMENT The pay item for clearing and grubbing shall include: all removal and disposal of materials and structures as well as all materials, hauling, equipment, tools, labor, leveling of terrain, landscape trimming and all incidentals necessary to complete the work. 57 RIPRAP The work included in this specification includes the construction of either sand-cement or rubble riprap as shown on the plans. The riprap shall be constructed per Section 530 of FDOT's Standard Specifications (lastest edition). 57.1 BASIS OF MEASUREMENT The basis of measurement for riprap shall be the volume of sand used in cubic yards for sand- cement, or the dry weight in tons for rubble. SectionIV-l.doc Page 122 of 127 10/13/2008 Section IV - Technical Specifications 57.2 BASIS OF PAYMENT The pay item for sand-cement riprap shall include: all materials, testing, labor, grout, hauling, equipment, excavation, backfill, dressing and shaping for placement of sand-cement and all incidentals necessary to complete the work. The pay item for rubble riprap shall include: all materials, required bedding stone, dressing and shaping for placement of bedding stone, filter fabric, testing, hauling, excavating, backfill, dressing and shaping for placement of rubble, and all incidentals necessary to complete the work. No payment will be granted if concrete or stone that exists on-site is used as rubble riprap. 58 TREATMENT PLANT SAFETY This article applies to all City projects located at one of the City's Wastewater Treatment Plants (WWTP) or Potable Water Reservoirs. 58.1 HAZARD POTENTIAL The Contractor shall be aware that hazardous materials are used at the WWTP's and the water reservoirs. These may include sodium hypochlorite, gaseous chlorine, sulfur dioxide and ammonia. Potential safety hazards associated with these substances include: An accidental spill or release can impair respiratory functions and result in severe burns to the skin and eyes. At the pre-construction conference, the contractor will be provided with a copy of the City of Clearwater Public Utilities Department Emergency Response Plan, and a copy of the applicable Material Safety Data Sheets. All employees of the contractor and sub-contractor assigned to this job shall be familiar with the content of these documents. 58.2 REQUIRED CONTRACTOR TRAINING Prior to issuance of a notice to proceed, the contractor must submit documentation regarding employee safety training relating to the items in Section A above. The documentation must include: • Verification that all employees assigned to this job have received and understood training in the proper work practices necessary to safely perform the job while working around gaseous chlorine and sulfur dioxide gas. • The date of the training, and The means used to verify that the employee understood the training. 59 TRAFFIC SIGNAL EQUIPMENT AND MATERIALS All traffic signal work shall be performed per the latest edition of FDOT's Standard Specifications (Sections 603 through 699), unless otherwise specified in the contract documents and plans. This specification includes, but is not limited to, the following items: all necessary equipment, materials, guaranties, acceptance procedures, signal timings, field tests, grounding, conduit, signal and interconnect cable, span wire assemblies, pull and junction boxes, electrical power service assemblies, poles, signal assemblies, pedestrian assemblies, inductive loop detectors, SectionIV-I.doc Page 123 of 127 10/13/2008 Section IV - Technical Specifications pedestrian detectors, traffic controller assemblies, controller cabinets and accessories, removal of existing traffic signal equipment, and internally illuminated signs. All traffic signal installations shall be mast arms and conform to the requirements of FDOT's Mast Arm Assembly standard, and shall be signed and sealed by a professional engineer registered in the state of Florida. All mast arm calculations, as well as the geotechnical report, shall also be signed and sealed by a professional engineer registered in the state of Florida. All mast arm colors shall be determined and approved by the City prior to ordering from the manufacturer. All traffic signal indicators for vehicles and pedestrians shall be LED's and, approved by both the City and FDOT. In addition to this, all pedestrian signal indicators shall utilize countdown features. Contractor changes to the operation of an existing signal is PROHIBITED unless directed by the City's Traffic Engineering Division. 59.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials, testing and incidentals required to complete the work per the plans. 60 SIGNING AND MARKING All signing and marking work shall be performed per the latest edition of FDOT's Standard Specifications, unless otherwise specified in the contract documents and plans. This specification includes the following work: RPM'S (Section 706), painted traffic stripes and markings (Section 710), thermoplastic stripes and markings (Section 711) and tubular delineators/flex posts (Sections 705 and 972). The Contractor is responsible to ensure that striping is correctly placed. Errors in striping or markings shall be "blacked-out" with paint, unless otherwise directed by the Engineer. No payment will be made for these incorrect or "blacked-out" areas. Omissions in striping or markings shall be corrected to the City's satisfaction prior to any payment being made. 60.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials and incidentals required to complete the work per the plans. 61 ROADWAY LIGHTING All roadway lighting shall be constructed per Sections 715 and 992 of FDOT's Standard Specifications (latest edition), unless otherwise specified in the contract documents and plans. 61.1 BASIS OF MEASUREMENT AND PAYMENT ' The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, materials, testing and incidentals required to complete the work per the plans. SectionIV-l.doc Page 124 of 127 10/13/2008 Section IV - Technical Specifications 62 TREE PROTECTION 62.1 TREE BARRICADES A. A protective barrier shall be placed around all protected trees and palms prior to land preparation or construction activities within or adjacent to the work zone, including all staging and/or lay down areas. Protective barriers shall be installed as follows: 1. At or greater than the full dripline of all species of Mangroves and Cabbage Palms. 2. At or greater than the full dripline or all protected native pine trees and other conifer species. 3. At or greater than two-thirds of the dripline of all other protected species 4. At or greater than the full dripline of trees within a specimen tree stand. B. Protective barriers are to be constructed using no less than two-inch lumber for upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in the ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four-inch lumber and shall be securely attached to the top of the upright post. The project City's representative must approve any variation from the above requirements. C. Whenever a protective barrier is required, it shall be in place until all construction activity is terminated. The area within the barrier limits shall remain undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may only be removed by manual labor utilizing hand tools or by other means if authorized in writing by the City's representative. D. Prior to the erection of any required protective barrier, all surface foreign material, trash or debris shall be removed from the area enclosed by the barrier, and after erection of the barrier no such material or litter shall be permitted to remain within the protected area. No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers. E. No signs, building permits, wires, or other attachments of any kind shall be attached to any protected tree or palm. F. At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees. 62.2 ROOT PRUNING A. Where proposed construction improvements involve excavation and/or impacts to the critical root zone of protected trees, the Contractor shall be required to have an International Society of Arboriculture (ISA) certified arborist perform, or directly supervise root pruning to reduce the impacts of construction. The critical root zone is equivalent to the tree's dripline. Prior to any clearing, grubbing or excavation activities, the affected roots must be severed by clean pruning cuts at the point where grubbing or excavation impacts the root system. Roots can be pruned utilizing specified root pruning equipment designed for that purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Root pruning by trenching equipment or excavation equipment is strictly prohibited. Roots located in the critical root zone that will be impacted by 5ectionIV-I.doc Page 125 of 127 10/13/2008 Section IV - Technical Specifications construction activities shall be pruned to a minimum depth of 18 inches below existing grade or to the depth of the proposed impact if less than 18 inches from existing grade. Tim Kurtz, Senior Landscape Architect is the City's Representative on Public Works projects for root Pruning issues and can be reached at (727) 562-4737, or through the construction inspector assigned to the project. B. Root pruning shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted) inspected and approved by the City's representative prior to actual root pruning. D. Root pruning shall be preformed as far in advance of other construction activities as is feasible, but at a minimum shall be performed prior to ANY impacts to the soil. Associated tree protection measures should be implemented upon completion of said root pruning. E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any root pruning activities. F. Root pruning shall be limited to a minimum of ten inches per one inch of the trunk diameter from the tree base. Any exception must be approved by the City's representative prior to said root pruning. G. Roots shall be cut cleanly, as far from the trunk of the tree as possible. Root pruning shall be done to a minimum depth of 18" from existing grade, or to the depth of the disturbance if less than 18". H. Root pruning shall be performed using a Doscocil Root Cutting Machine or equivalent. Alternate equipment or techniques must be approved by the City's representative, prior to any work adjacent to trees to be preserved. I. Root pruning shall be completed, inspected and accepted prior to the commencement of any excavation or other impacts to the critical root zones of trees to be protected. J. Excavations in an area where root are present shall not cause the tearing or ripping of tree roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneled around to prevent damage to the root. K. Tree roots shall not be exposed to drying out. Root ends shall be covered with native soil or burlap and kept moist until final backfill or final grades has been established. L. When deemed appropriate (e.g., during periods of drought) the City representative may require a temporary irrigation system be utilized in the remaining critical root zones of root pruned trees. M. When underground utility lines are to be installed within the critical root zone, the root pruning requirement may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. 62.3 PROPER TREE PRUNING A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. Furthermore, all tree work shall conform to the American National Standards Institute (ANSI) 2001, American National Standard for tree care operations - Tree, Shrub and other Woody Plant Maintenance -- Standard practices (pruning) ANSI A-300. SectionrV-l.doc Page 126 of 127 10/13/2008 Section IV - Technical Specifications B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts (pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper techniques. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. C. No protected tree shall have more than 30 percent of its foliage removed. D. No protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. E. Tree Trunks and limbs shall be protected. The use of tree spikes or other devices that damage trunk and bark tissue on protected trees shall be prohibited. Any protected tree that has been damaged in such a manner will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. 63 PROJECT WEB PAGES 63.1 WEB PAGES DESIGN If requested by the City, Engineer shall design the Project Web Site in accordance with the current City Web Site standards and styles. Project Web Site should include general project information as: Project Name & Number, Scope description, Location, Schedule, and Project Contacts. Note: Occasionally City modifies the general design of the City's Web Site, and the Engineer shall consult the City Webmaster for the current requirements, before designing or updating the Project Web Pages. 63.2 WEB ACCESSIBILITY GUIDELINES Project Web Pages should conform to the WX Web Accessibility Guidelines and US Section 508 guidelines whenever possible: htti)://www.w3.orWTR/1999/WAI-WEBCONTENT-19990505/ ft://www.sectionSO8.jzov/ In particular, use of variable-width tables, user-adjustable/relative font sizes, ALT text for images, CSS whenever possible, etc. Accessibility should be a priority over design/aesthetics. 63.3 THE SUN AND WAVES LOGO AND ITS USE The City's Sun and Waves logo should be used for everyday business, on all print and electronic material. It should be used on all internal correspondence, brochures, advertising, vehicles, apparel and signage. It should be used only in the manner presented here, in the proportion shown here, with no alterations. It should not be condensed, lengthened, or otherwise distorted to fit a space. The logo is approved for use by city departments, and is not to be used by outside vendors without the permission of the City Manager, Assistant City Manager or Public Communications office. Electronic versions of the logo should be obtained from the Public Communications. This is for internal use only. SectionIV-l.doc Page 127 of 127 10/13/2008 Section IV - Technical Specifications 63.4 MAPS AND GRAPHICS Use of maps and graphics is recommended to illustrate the project; only approved graphics should be posted to the Project Web Pages. 63.5 INTERACTIVE FORMS The site should also include an interactive form or other options to allow Public's input sent back to the City regarding the Project. 63.6 POSTING The site should be presented to the City's Webmaster for review and posting to the City's Web Server. Posting of the Project Web Pages to a different than City's Web server, if approved, should be coordinated with the City's Webmaster for resolving all accessibility and conformity issues. 63.7 WEB PAGES UPDATES Unless otherwise specified and agreed Engineer is responsible for keeping the posted Web Pages up-to-date, by sending revisions and updates through the City Project Manager to the City's Webmaster for posting. SectionIV-1.doc Page 128 of 127 10/13/2008 SECTION IVA SUPLEMENTAL TECHNICAL SPECIFICATIONS Table Of Contents Section No. Description Page No. GENERAL CONDITIONS 01010 Project Requirements 01010-1 01630 Measurement and Payment 01630-1 SITE WORK DIVISION 02071 Directional Boring 02071-1 02155 Railroad and Road Crossing (Jack & Bore) 02155-1 02600 Fusible PVC Pipe 02600-1 02610 Certa-Lok PVC Pipe 02610-1 MECHANICAL DIVISION 15062 Ductile Iron Pipe and Fittings 15062-1 15064 High Density Polyethylene (HDPE) Pipe 15064-1 15065 Tracer Wire 15065-1 15100 Valves and Appurtenances 15100-1 TableCon - Section Na.doc i Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 01010 PROJECT REQUIREMENTS PART 1 -GENERAL 1.01 SCOPE OF WORK Bid Set A. The work covered by this Section consists in furnishing all labor, equipment and materials, and in performing all operations in connection with construction of the reclaimed water system, and appurtenances, complete and ready for use in accordance with the latest specifications of the American Water Works Association and the applicable plans, and subject to the terms and conditions of the contract. B. Contractor's General Responsibility: The Contractor shall provide a complete tested and operating system including pipe, pipe fittings, restrained joints, thrust blocks, valves, valve boxes, services, and appurtenances. C. Reclaimed Water System 1. Construction of a reclaimed water system with approximately 63,000 linear feet of 4-inch, 6-inch, 8-inch and 12-inch PVC piping. HDPE and ductile iron piping will be used only on the locations shown on the Contract Drawings or as instructed by the Owner's Authorized Project Representative. The Reclaimed water system shall be constructed either with Certa-Lok PVC pipe (Specification 02610 of Section IVa - Supplemental Technical Specifications) (Base Bid) or Fusible PVC pipe (Specification 02600 of Section Na - Supplemental Technical Specifications) (Alternative Bid Items). For additional directions, refer to Specification 01630 - Measurement and Payment of Section IVa - Supplemental Technical Specifications. The method of installation is horizontal directional drilling. Open cut may be used only when it is impractical to use horizontal directional boring (e.g. when pipeline must be installed in curves) or as shown on the Contract Drawings. All open cut installations proposed by the Contractor must be specifically approved by the Engineer. 2. Specifications: See the appropriate Technical Sections of these Specifications for detailed information on materials, equipment, and installation. Section IV-a 01010-1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 3. Service Lines a. The Contractor shall install all reclaimed water service lines, including polyethylene (PE) pipe and PVC sleeves, corporation stop/service line tap assembly, curb stop assemblies and Meter boxes installed with reclaimed water service. b. The Contractor shall provide all pipe and fittings for service lines. C. Where possible, the Contractor shall set the reclaimed water meter boxes abutting the Customer side of sidewalk and where such location does not conflict with existing landscaping, drives, etc. All reclaimed water service connection locations shall be identified on triplicate form and agreed upon by the Contractor and Customer. The Project Inspector shall be present to confirm locations agreed upon between Contractor and Customer. Contractor shall indicate location of curb stop on the street/curb with purple paint near the street/curb. Service connection location to be marked with purple stake (or purple paint in paved areas) and coordinated with homeowner. d. All service lines shall be PE pipe installed under pavement by directional boring for far (long) side services and directly installed for near (short) side services by the Contractor. 4. Measurement and Payment: See Section 01630 of Section IVa - Supplemental Technical Specifications for measurement and payment items. 5. Traffic Control a. The Contractor shall be responsible for providing traffic control in accordance with Specification 44 of Section IV - Technical Specifications. The Contractor shall be required to provide a Certified Work Zone Traffic Control Supervisor at all times while work is being conducted. Contractor shall be responsible for submitting the Certified Work Zone Traffic Control Plan for vehicular and pedestrian traffic to Pinellas County to obtain final Right-of-Way Utilization Permit approval. Section IV-a 01010-2 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set b. All traffic control wiring and signals encountered in area of construction shall be the responsibility of the Contractor. He shall, at his expense, verify all locations and take necessary precautions to eliminate damage. 6. As-Built Plans a. As-Built Plans (Record Drawings), prepared by and certified by a licensed surveyor, shall be submitted as outlined in Specification 6.11 of Section III - General Conditions. 7. Pressure Tests: The Contractor is responsible for pressure tests with inspection by the Owner and/or his Project Representative in conformance with the Technical Specifications. 8. Video Tape and Photos of Work Areas: Video tape of all work areas in the Contract will be made by the Contractor prior to the start of construction. For details see Specification 37 of Section IV - Technical Specifications. 9. Erosion Control a. Erosion control during construction, including storage and staffing areas, shall be the responsibility of the Contractor until restoration is completed. For details see Specification 38 of Section IV - Technical Specifications. b. The Contractor shall re-establish, at no additional expense to the City, all erosion control devices, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended function during the construction of the project. 10. Restoration a. The restoration of driveways, walks, curb, sprinklers, grass, etc. is very important to the residents in the project work area. The Contractor is required to begin restoration in a timely manner. Contractor shall at all times keep the premises free of accumulated wasted materials, rubbish and other debris caused by his work. For details see Specification 6.6 of Section III - General Conditions. b. The removal and/or replacement of trees and shrubs shall be the responsibility of the Contractor unless otherwise noted on the construction drawings or Scope of Work. Section IV-a 01010-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set C. The Contractor will be responsible for the repair of sprinkler systems, private drain lines, etc. as part of the per unit foot cost of pipe. 11. Permits a. The City has obtained FDOT Utility Permit, CSX Railroad Crossing Permit, FDEP Noticed General Permit, and a letter of intent from Pinellas County to issue a Pinellas County Right-of-Way Utilization Permit. The Contractor must furnish a Certified Work Zone Traffic Control Plan for vehicular and pedestrian traffic to Pinellas County Right-of-Way in order to secure final approval of the Right-of-Way Utilization Permit. The Contractor shall comply with all provisions of such permits except for those duties assigned to the Owner. The cost of compliance with the terms and conditions in which the permits are issued shall be included in the various Contract items and therefore no separate payment will be made for the cost of complying with permit conditions. b. The Contractor shall obtain, maintain and pay for all other permits, licenses, comply with building and construction codes and other authorizations required for the prosecution of the work, and bear the cost of all work performed in compliance with the terms and conditions of such permits, licenses and authorizations, whether by himself or others. For details see Specification 6.8 of Section III - General Conditions. 12. OSHA Regulations: The Contractor must be aware of and comply with the OSHA regulations regarding all trenching operations. 13. Tracer Wire a. For details see Specification 15065 of Section IVa - Supplemental Technical Specifications. 14. Protection of Adjacent Property: If adjacent property is affected or endangered by any work done under this Contract, it shall be the responsibility of the Contractor to take whatever steps are necessary to protect the adjacent property and to contact the County's Project Representative. 15. Connections to Existing Pipelines: Connections to existing reclaimed water pipelines shall be accomplished in as short a time Section IV-a 01010-4 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set as possible in order to provide existing reclaimed water service and with minimal interruption. This work will require notification to all affected customers and may require night work. 1.02 QUALITY ASSURANCE A. Laws and Regulations: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the work. If the Contractor observes that the Specifications or Drawings are at variance therewith, the Contractor shall give the Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, the Contractor shall bear all costs arising there from; however, it shall not be the Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 1.03 JOB CONDITIONS A. Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place of the project. B. Resisting Hydrostatic uplifts: The Contractor shall be responsible for protecting structures and facilities from damage due to hydrostatic uplift from high water levels or directional drilling fluids. 1.04 OCCUPANCY A. Resident Occupancy: All area residents will be in occupancy throughout the period of construction. B. Maintenance of Operation: All utilities (i.e. electrical, sanitary, sewer, potable water, gas, cable and stormwater) shall be maintained in operating condition throughout construction. Temporary facilities shall be furnished and installed when normal operating procedures are interrupted. Any damages to existing utilities shall be immediately isolated and repaired to the satisfaction of the Owner. 1.05 CLEANING UP A. Contractor shall keep the premises free at all times from accumulations of waste materials and rubbish. Contractor shall provide adequate trash receptacles about the site, and shall promptly empty the containers when filled. Section IV-a 01010-5 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set B. Contractor shall stockpile all construction materials in a neat and workman-like manner. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from surfaces to prevent marring or other damage. C. Volatile wastes shall be properly stored in covered metal containers and removed daily. D. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. All wastes shall be removed from the site and disposed of in a manner complying with local ordinances and anti-pollution laws. E. Adequate cleanup will be a condition for recommendation of progress payment applications. F. Owner shall reserve the right to limit the movement of construction crews when an area is not acceptably cleaned and restored. Delays caused to Contractor because of his negligence in keeping the construction areas cleared shall be absorbed by the Contractor at no additional costs to the Owner in time or money. G. The accumulation of dirt, stones and other excavated materials away from trenches shall be controlled. All dirt shall be cleaned up and nearby paved areas swept prior to shutdown of daily operations, or as directed by the Engineer. 1.06 REFERENCE STANDARDS A. Reference to the standards of any technical society, organization, or associate, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative standard adopted and published at the date of receipt of bids, unless specifically stated otherwise. 1.07 ABBREVIATIONS AND SYMBOLS A. Abbreviations used in the Contract Documents are defined as follows: AA Aluminum Association, Inc. AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISI American Iron and Steel Institute AMA Acoustical Materials Association Section IV-a 01010-6 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set AMCA Air Moving and Conditioning Association, Inc. ANSI American National Standards Institute APA American Plywood Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigerating and Air Conditioning ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineering ASTM American Society for Testing and Materials AWG American Wire Gauge AWMA Aluminum Window Manufacturer's Association AWS American Welding Society AWWA American Water Works Association CFR Code of Federal Regulations CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standards and National Bureau of Standards DEP Department of Environmental Protection (Florida) DOT Department of Transportation (Florida) EPA Environmental Protection Agency FAC Florida Administrative Code FedSpec Federal Specifications HI Standards of Hydraulic Institute IBBM Iron Body, Bronzed Mounted IEEE Institute of Electrical and Electronics Engineers IPS Iron Pipe Size MIL Military Specification NAAMM National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NPT National Pipe Thread NWMA National Woodwork Manufacturers' Association PCA Portland Cement Association PCI Prestressed Concrete Institute SBC Standard Building Code (SBCCI) SBCCI Southern Building Code Congress International, Inc. SDI Steel Door Institute SFPC Standard Fire Prevention Code (SBCCI) SGC Standard Gas Code (SBCCI) SJI Steel Joist Institute SMACCNA Sheet Metal and Air Conditioning Contractors' Section IV-a 01010-7 Chautauqua/Coachman Ridge Reclaimed Water Proiect SMC SPC SPIB SSPC TCA UL 1.08 SITE ADMINISTRATION National Association Standard Mechanical Code (SBCCI) Standard Plumbing Code (SBCCI) Southern Pine Inspection Bureau Steel Structures Painting Council Title Council of America Underwriters' Laboratories Bid Set A. Contractor shall be responsible for all areas of the site used by him, and all Subcontractors in the performance of the Work. He will exert full control over the actions of all employees and other persons with respect to the use and preservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. Contractor has the right to exclude from the site all persons who have no purpose related to the Work or its inspection, and may require all persons on the site (except owner's employees) to observe the same regulations as he requires of his employees. 1.09 PROTECTION OF EXISTING UTILITIES AND STRUCTURES A. The locations of underground facilities shown on the project plans are based on the most accurate information available at the time the plans where prepared. B. The Contractor is required to give all utility agencies a minimum of 48 hours notice prior to start of work. The notification shall be made either to the Utility Notification Center (1-800-432-4770) or the individual Utilities in the event that they do not participate in this service. The Utilities in turn shall field locate their facilities and provide markings to serve as reference to the contractor. C. The Contractor shall furnish all temporary support, adequate protection, and maintenance of all underground and surface utilities, storm sewers, sanitary sewers, overhead cables and poles, and any other obstruction encountered in the progress of the work. The methods and techniques used by the Contractor to protect and maintain utilities and their service connections shall be subject to the prior approval of the Engineer. D. The Contractor shall use caution to avoid damage thereto and shall be responsible for the location of and any damage to all underground ducts, conduits, pipes, structures, etc. Any Utility damaged by negligence of the Contractor will be repaired by the utility having jurisdiction and the cost of such repairs shall be borne by the Contractor. Section IV-a 01010-8 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1.10 PROTECTION, REMOVAL AND REPLACEMENT OF TREES AND SHRUBS A. The Contractor shall comply with all local tree ordinances. When, in the opinion of the Engineer, trees or shrubs can be protected in place, the Contractor shall endeavor to protect the trees or shrubs as necessary. When, in the opinion of the Engineer, trees must be removed to permit construction, the contractor shall consider the price for removing, cutting, trimming, replacing trees and shrubs incidental to the laying of pipe and no additional payment shall be made unless specifically called for on the plans or contract documents. All this work must be coordinated with the City Arborist. B. The Contractor is responsible for acquiring necessary permits and replacing trees as required by local ordinances and the City of Clearwater Planning Department when it is necessary to trim or cut a branch or root prune from a tree. The Contractor shall provide the services of an approved tree specialist when it is necessary to trim or cut a branch from a tree. C. For details see Specification 62 of Section IV - Technical Specifications. 1.11 SAFETY REQUIREMENTS A. TRENCH SAFETY ACT 1. By submission of his bid and subsequent execution of this Contract, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be done in accordance with Occupational Safety and Health Administration's (OSHA) trench excavation safety standards contained in 29 C.F.R., s. 1926.650, Subpart P, including all subsequent revisions or updates to these standards and adopted by the Department of Labor and Employment Security. 2. The Contractor also agrees that he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than three years following final acceptance. 3. The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. 4. The Contractor performing trench excavation shall adhere to OSHA trench excavation safety standards and special shoring requirements for trench excavation, if any, of the State or other Section IV-a 01010-9 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set political subdivisions. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor. B. Hard Hats: Hard hats shall be worn at the work site by all personnel as required by all local, state and federal guidelines. The Engineer is authorized to halt the work if this requirement is not met 1.12 NOISE LEVELS A. Sound levels measured by the City personnel shall not exceed 65 dBA 6:00 PM to 7:00 AM or 80 dBA 7:00 AM to 6:00 PM. This sound level to be measured at the property line of the nearest residence. Sound levels in excess of these values are sufficient cause to have the work halted until equipment can be quieted to these levels. Work stoppage by the City for excessive noise shall not relieve the Contractor of the other portions of this specification including, but not limited to contract time and contract price. B. If mufflers cannot achieve the necessary noise reduction, noise abatement shall be accomplished by the Contractor's installation of baffles (or other acceptable means) positioned to break line-of-sight from the noise source to affected residences and/or commercial structures. Minimum noise abatement measures shall consist of equipping all engines with hospital grade mufflers or silencers. 1.13 WATER FOR HDD, FLUSHING, TESTING, AND OTHER USES A. The Contractor will be responsible for providing all temporary lines to the work areas. The City will furnish a water meter and backflow prevention device required for the connection to the fire hydrant(s) for use in the Horizontal Directional Drilling (HDD) operations. The City will deliver and install the device after receiving payment/set-up account upon 48 hours notice. The City will remove and retain ownership of the device following HDD operations. The Contractor shall reimburse the City for the cost of all water used in accordance with current water rates. 1.14 AMMENDMENTS TO CITY SPECIFICATION SECTIONS A. Specification 23.3 of Section IV - Technical Specifications is amended and shall read: All asphalt mix designs shall conform to the requirements of Sections 331 and 337 of FDOT's 2000 Standard Specifications. All asphalt mix designs shall be approved by the Engineer PRIOR to the commencement of the paving operation. UP TO 25% OF THE ASPHALTIC CONCRETE MIXES MAY BE RECLAIMED ASPHALT PAVEMENT (RAP) MATERIAL. END OF SECTION Section IV-a 01010-10 Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 01630 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 SCOPE Bid Set A. This section supersedes all measurement and payment paragraphs from Section IV - Technical Specifications. It covers methods of measurement and payment for items of Work under the Contract. 1.02 GENERAL A. The total Bid Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction equipment and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the lump sum and unit prices bid. All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. B. The successful low bidder for the Work will be determined based on the amount in the Total Project Cost (Bid Items 1-19) from the Bid Tab Table included in Section V - Contract Documents. Once the successful bidder is selected, the Owner, at his sole discretion may replace any of the Certa- Lok PVC Pipe Bid Items # 3a-3d and 4a-4d with the respective Fusible PVC Bid Item from Bid Items # 20a-20d and 21 a-21 d from the Alternative Bid Items. The Total Project Cost will be revised accordingly should alternative bid items be selected by the Owner. 1.3 ESTIMATED QUANTITIES A. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts thereof, as described in the supplementary conditions. Section IV-a 01630-1 Chautauqua/Coachman Ridge Reclaimed Water Proiect 1.4 EXCAVATION Bid Set A. The lump sum price bid for each item of Work, which involves excavation or trenching, shall include all costs for such Work. No direct payment shall be made for excavation or trenching. All excavation is unclassified and there shall be no separate payment for excavation of rock or for backfill where rock is excavated below subgrade. 1.5 TAXES AND PERMITS A. The Bidder's attention is directed to the fact that the tax laws of the State of Florida, including but not limited to Chapter 212, Florida Statutes, apply to this bid matter and that all applicable taxes and fees shall be deemed to have been included in Bidder's proposal. 1.6 RETAINAGE A. Refer to Agreement. 1.7 MEASUREMENT AND PAYMENT A. Base Bid Items for the Chautauqua/Coachman Ridge Reclaimed Water Project: 1. Bid Item No. 1 - Mobilization a. Description: The work specified in this Bid Item consists of the preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those supplies and incidentals to the project site, and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities, as required by these specifications, and State and local laws and regulations. The costs of bonds and any required insurance, general conditions and indemnifications, and any other pre-construction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. This Bid Item will include mobilization and demobilization for all parts or phases of the total project. The bid price shall not exceed three and one- half (3.5) percent of the total bid. b. Measurement: The quantity of mobilization to be paid for under this Item shall be measured as one lump sum Section IV-a 01630-2 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set quantity. Partial payments will be made therefore in accordance with the following: Percent of Original Contract Amount Earned Allowable Percent of Lump Sum Price for the Item 5 25 10 50 25 75 50 100 C. Payment: The quantities, as determined above, shall be paid for at the contract lump sum price set out in the Proposal, which price and payment constitutes full compensation for all the work described herein. d. Payment shall be made under: • Item No. 1 - Mobilization (3.5% Max.) Lump Sum 2. Bid Item No. 2 - Maintenance of Traffic a. Description: The work specified in this Bid Item 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, schools, businesses, etc. along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust, and any other special requirements for safe and expeditious movement of traffic as may be called for on the Contract Drawings. 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, and as specified in Specification 44 of Section IV - Technical Specifications. The bid price shall not exceed one and one-half (1.5) percent of the bid total for the total project. If the Contractor's cost for Maintenance of Traffic is greater than the maximum allowed, then the additional cost shall be included in the cost for other items of work for the project. Section IV-a 01630-3 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set b. Measurement: Measurement will be horizontally, above the centerline of the pipe, and includes the length of any valves or fittings. The limits of measurement shall be as shown on the plans or as directed by the Project Representative. No overlap with measurement for payment for Bid Items 3a, 3b, 3c, 3d, 3e, 3f, 3g, and 3h shall be measured for this bid item. C. Payment: Payment will be according to the diameter, thickness class, lining material, coating, and type of joint, as set forth on the proposal. The unit bid price includes furnishing and installing all pipe by open cut, fittings, DI/PVC or DI/HDPE mechanical joint adapters, two 12 gauge minimum solid copper detectable tracer wires, tracer wire testing, and materials above or below ground along the pipeline alignment; joints and jointing materials, restrained joint pipe; bracing, shoring and sheeting; exploratory excavation; bedding and backfill; constructing the specified protection and adjusting of existing above ground and under ground utilities and service connections; Plowable fill grout, replacement of asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement; sod replacement, disposal of spoil; hydrostatic testing; pigging of all reclaimed water lines; erosion control; concrete encasement; sod replacement; and all other related and necessary materials, work and equipment required to construct a complete operable pipeline. d. Payment shall be made under: • Item No. 4a - F&I 4" Certa-Lok PVC Pipe by Open Cut • Item No. 4b - F&I 6" Certa-Lok PVC Pipe by Open Cut • Item No. 4c - F&I 8" Certa-Lok PVC Pipe by Open Cut • Item No. 4d - F&I 12" Certa-Lok PVC Pipe by Open Cut • Item No. 4e - F&I 4" HDPE Pipe by Open Cut • Item No. 4f - F&I 8" HDPE Pipe by Open Cut Section IV-a 01630-6 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 5. Bid Items Nos. 5a, 5b, 5c, and 5d - F&I Fusible PVC Pipe by Jack & Bore with Steel Casing a. Description: These Bid Items describe measurement and payment for Fusible PVC pipe in steel pipe casing installed by jack and bore. The pay quantities for the work specified under this Section shall be the number of jack and bore crossings specified in the applicable pay items, actually constructed and accepted. b. Measurement: Measurement and payment will be on a lump sum basis for each jack and bore crossing, regardless of pipe length, size, type or depth. Limits of the pay item are identified in the Conontract Drawings. C. Payment: Payment will be made for each crossing and shall include furnishing and installing the steel casing pipe via jack and bore and Fusible PVC pipe installation in the casing pipe via pipe with casing spacers as shown on the contract drawings and listed in the Bid Form or as directed by the Project Representative. It shall include full compensation for all labor, materials, excavation of boring pits (including rock), dewatering, sheeting and shoring, machinery, pipe spacers, brick bulkheads, backfilling and compaction, asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement; sod replacement, erosion control, disposal of spoil and all other items necessary to complete this Bid Item. No additional compensation will be made for rock removal, backfill material or for repair of any trench settlement. d. Payment shall be made under: • Item No. 5a - F&I 12" Fusible PVC Pipe by Jack & Bore with 24" Steel Casing (CSX and S.R. 590 Crossing) • Item No. 5b - F&I 6" Fusible PVC Pipe by Jack & Bore with 14" Steel Casing (Crossing Old Coachman Rd at Farrier Trail) • Item No. 5c - F&I 4" Fusible PVC Pipe by Jack & Bore with 12" Steel Casing (Crossing Old Coachman Rd at Wetherington Road) Section IV-a 01630-7 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set • Item No. 5d - F&I 8" Fusible PVC Pipe by Jack & Bore with 18" Steel Casing (Crossing Old Coachman at Manor Blvd. N) 6. Bid Items Nos. 6a, 6b, 6c, and 6d - F&I Resilient Wedge Gate Valves and Valve Boxes a. Description: These Bid Items describe measurement and payment for valves of various types, and valve boxes, for reclaimed water pipelines. The quantity to be paid for under this item is the number of valves acceptably installed where shown on the drawings or where directed by the Project Representative. b. Measurement: Measurement will be per each valve according to the diameter, type, and joint requirements, as set forth on the Proposal. C. Payment: The unit bid price includes furnishing and installing valves, valve boxes and covers, polywrap, tracer wire access, filter fabric, valve identification tags, paint reference stripe on curb, concrete valve box pad, extension stems, transition to PVC or HDPE pipe fittings, couplings, joint restrainers including mega lug installation, excavation, backfill, dewatering, sheeting, shoring, asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement, sod replacement, erosion control, and incidental construction associated with these Items. No payment shall be made for valves included in other bid items. d. Payment shall be made under: Item No. 6a -- F&I 4" Resilient Wedge Gate Valve & Valve Box • Item No. 6b - F&I 6" Resilient Wedge Gate Valve & Valve Box • Item No. 6c - F&I 8" Resilient Wedge Gate Valve & Valve Box • Item No. 6d - F&I 12" Resilient Wedge Gate Valve & Valve Box Section IV-a 01630-8 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 7. Bid Item No. 7 - F&I 4" Blow-off Assembly, Reclaimed Water System a. Description: This Bid item describes measurement and payment for installing 4" blow-offs on reclaimed water mains. The quantity to be paid for under this Item is the number of blow-offs acceptably installed where shown on the plans and as directed by the Project Representative. b. Measurement: Measurement and payment will be on an individual basis for each blow-off installed. C. Payment: The unit bid price shall include installing the blow- off, pipe, fittings, valves, concrete box, testing, excavation, backfill, bracing, shoring, sheeting, dewatering, asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement, sod replacement, erosion control, and incidental materials and construction, as shown in standard details. d. Payment shall be made under: • Item No. 7 - F&I 4" Blow-off Assembly, Reclaimed Water System 8. Bid Item No. 8 - F&I 1-inch Short Side Service Assembly for Reclaimed Water System a. Description: This Bid Item describes measurement and payment for furnishing and installing 1-inch tapping saddles, PE Service Pipe (colored purple) less than or equal to 40 feet in length, corporation stops, CDR meter box, and curb stops with lock wings and compression inlet on reclaimed water mains. The quantity to be paid for under this item is the number of service assemblies for reclaimed water acceptably installed as shown on the drawings or where directed by the Project Representative. b. Measurement: Measurement and payment will be on an individual basis for each 1-inch Short Side service assembly installed in accordance with Standard Details. C. Payment: The unit bid price shall include installing tapping saddles, corporation stops, installing curb stops and meter boxes, plug, drainage gravel, inserts, adapters with external gripping device, tapping reclaimed water main, PE Service Section IV-a 01630-9 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set Pipe (colored purple) less than or equal to 40 feet in length, testing, cleaning, bracing, shoring, and sheeting; dewatering, directional boring, clearing, grubbing, stripping, and trenching; excavation, backfill, applicable meter or service box and cover; all fittings and connections within meter box, and incidental materials and construction. d. All costs for test pits for the location of existing utilities, sod replacement, asphalt pavement replacement, driveway replacement, concrete sidewalk replacement; and concrete curb replacement shall be included under the unit costs for installing the reclaimed water service assemblies. e. Payment shall be made under: • Item No. 8 - Furnish & Install 1-inch Short Side Service Assembly for Reclaimed Water System 9. Bid Items Nos. 9a, 9b, 9c -- F&I 1-inch and 2-inch Long Side Service Assemblies for Reclaimed Water System a. Description: These Bid Items describe measurement and payment for furnishing and installing 1-inch or 2 -inch long side service assemblies including but not limited to tapping saddles, PE Service Pipe (colored purple), corporation stops, curb stops with lock wings, and compression inlet on reclaimed water mains. For long side service assemblies less than 60 feet in length the size of the assembly components shall be 1-inch. For long side service assemblies greater than 60 feet in length, the size of the assembly components shall be 2-inch. All Long Side services shall be installed in casing with one 12 gauge solid copper tracer wire, starting with a 10-inch to 12-inch tail stubbed into the meter box and ending within 12 inches of the corporation stop with a water tight end seal. The quantity to be paid for under this item is the number of service assemblies for reclaimed water acceptably installed as shown on the drawings or where directed by the Project Representative. b. Measurement: Measurement and payment will be on an individual basis for each 1-inch or 2-inch Long Side service assemblies installed in accordance with Standard Details. C. Payment: The unit bid price shall include installing tapping saddles, corporation stops, installing curb stops and meter Section IV-a 01630-10 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set boxes, plug, drainage gravel, inserts, adapters with external gripping device, tapping reclaimed water main, PE Service Pipe (colored purple) greater than 40 feet in length, casing pipe, 12 gauge solid copper tracer wire, fittings, and materials above or below ground; joints and jointing materials; directional boring, jacking or push rods; testing, cleaning, bracing, shoring, and sheeting; dewatering, clearing, grubbing, stripping, and trenching; excavation, backfill, applicable meter or service box and cover; all fittings and connections within meter box, sod replacement, and incidental materials and construction. d. All costs for test pits for the location of existing utilities, sod replacement, asphalt pavement replacement, driveway replacement, concrete sidewalk replacement; and concrete curb replacement shall be included under the unit costs for installing the reclaimed water service assemblies. e. Payment shall be made under: • Item No. 9a - F&I 1-inch Single Long Side Service Assembly for Reclaimed Water System with 2-inch Casing • Item No. 9b - F&I 1-inch Dual Long Side Service Assembly for Reclaimed Water System with 4-inch Casing • Item No. 9c - F&I 2 -inch Single Long Side Service Assembly for Reclaimed Water System with 4-inch Casing 10. Bid Item No. 10 - F&I Combination Air Valve & Polyethylene Cover a. Description: This Bid Item describes measurement and payment for combination air valves for reclaimed water pipelines. The quantity to be paid for under this item is the number of above ground combination air valves including polyethylene covers acceptably installed where shown on the Contract Drawings or where directed by the Project Representative. b. Measurement: Measurement will be "per each" based on the number of combination air valves with polyethylene covers installed. Section IV-a 01630-11 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set C. Payment: The unit bid price includes furnishing and installing combination air valves, polyethylene covers, polywrap, tracer wire access, filter fabric, service saddle, corporation stops, ball valves, valve identification tags, paint reference stripe on curb, transition to PVC or HDPE pipe fittings, couplings, joint restrainers, excavation, backfill, dewatering, sheeting, shoring, asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement; sod replacement, erosion control, and incidental construction associated with these Items. d. Payment shall be made under: • Item No. 10 -- F&I Combination Air Valve and Polyethylene Cover 11. Bid Items Nos. 11 a, 11 b - Connect to Existing Reclaimed Water Main a. Description: These Bid Items describe measurement and payment for connecting new reclaimed water main to existing reclaimed water main at the location shown on the contract drawings. The quantity to be paid for under this Item is the number of connections made to existing reclaimed water main acceptably installed where shown on the plans and as directed by the owner's authorized Project Representative. b. Measurement: Measurement and payment will be on a lump sum basis for each connection made, regardless of pipe size, type or depth. Limits of the pay item are identified on the Contract Drawings. C. Payment: Payment will be made for each connection and shall include furnishing and installing all pipe and fittings as shown on the contract drawings and listed in the Bid Form or as directed by the Project Representative. It shall include full compensation for all labor, materials, excavation (including rock), dewatering, sheeting and shoring, machinery, backfilling and compaction, asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement; sod replacement, erosion control, disposal of spoil and all other items necessary to complete this Bid Item. No additional compensation will be made for rock removal, backfill material or for repair of any trench settlement. Section IV-a 01630-12 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set d. Payment shall be made under: • Item No. 11a - Connect to Existing 16" Reclaimed Water Main at Union Street and Landmark Drive. • Item No. 11 b - Connect to Existing 24" Reclaimed Water Main at N Old Coachman Road, North of Sharkey Road. 12. Bid Item No. 12 -- Root Pruning a. Description: This Bid Item describes measurement and payment for root running of trees associated with the installation of the reclaimed water transmission and distribution piping. The quantity to be paid for under this item is the linear feet of trench in which tree roots are acceptably pruned as directed by the Owner or the Owner's authorized Project Representative. b. Measurement: Measurement will be horizontally, above the centerline of the pipe from beginning to end of root pruning activities in the trench as determined by the Owner or the Owner's authorized Project Representative. C. Payment: Payment will be according to the linear feet of trench in which tree roots are acceptably pruned as directed by the Owner or the Owner's authorized Project Representative. The unit bid price shall include the services of a certified arborist, cutting the roots, cutting equipment, plastic barrier, painting with tree pruning compound, and any other activity or equipment necessary to prune the tree roots until the work is accepted by the Owner or the Owner's authorized Project Representative. d. Payment shall be made under: Item No. 12 - Root Pruning 13. Bid Item No. 13 - Tree Barricades a. Description: This Bid Item describes measurement and payment for protective barricades around all trees and palms within or adjacent to the work zone, including all staging or lay down areas or as directed by the Owner or the Owner's authorized Project Representative. Section lV-a 01630-13 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set b. Measurement: The quantity of tree barricades to be paid for under this Item shall be measured as one lump sum quantity. Partial payments will be made therefore in accordance with the following: Percent of Original Contract Amount Earned Allowable Percent of Lump Sum Price for the Item 5 25 10 50 25 75 50 100 C. Payment: The quantities, as determined above, shall be paid for at the contract lump sum price set out in the Proposal, which price and payment constitutes full compensation for all the work described herein. d. Payment shall be made under: • Item No. 13 -Tree Barricades 14. Bid Item No. 14 - Sod Restoration as Directed by the Owner or the Owner's Authorized Project Representative a. Description: This Bid Item describes measurement and payment for sod restoration, beyond the limits defined in other pay items, as directed by the Owner or the owner's authorized Project Representative. The quantity to be paid for under this Item is the area in square yards acceptably furnished and installed. b. Measurement: Measurement will be the horizontal measurement of the square yards of sod installed as determined by the Owner or the owner's authorized Project Representative. G. Payment: Payment will be made for the square yards of sod installed at the applicable contract unit price and shall include all labor, equipment, soil preparation, furnishing and installing sod, rolling, mowing, watering and any other measures necessary to establish and maintain a healthy stand of grass until the Owner or the owner's authorized Project Representative accepts the work. I Section IV-a 01630-14 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set d. No additional payment will be made for installation of sod where existing sod is disturbed by the Contractor away from the new pipeline alignment, service connections, or meter boxes unless directed by the Owner or the Owner's authorized Project Representative. e. Payment shall be made under: • Item No. 14 - Sod Restoration as Directed by the Owner or the Owner's Authorized Project Representative 15. Bid Item No. 15 -- Concrete Driveway Restoration as Directed by the Owner or the Owner's Authorized Project Representative a. Description: This Bid Item describes measurement and payment for concrete driveway restoration, beyond the limits defined in other pay items, as directed by the Owner or the owner's authorized Project Representative. The quantity to be paid for under this Item is the area in square yards acceptably furnished and installed. b. Measurement: Measurement will be the horizontal measurement of the square yards of concrete driveway restored as determined by the Owner or the Owner's authorized Project Representative. C. Payment: Payment will be made for the square yards of concrete driveway installed at the applicable contract unit price and shall include all labor, equipment, providing and installing formwork, steel reinforcing, concrete, and finishing for concrete driveways. For other driveway materials including, but not limited to brick pavers, shell and colored concrete, the driveway shall be replaced to its original condition. d. No additional payment will be made for driveway restoration where existing driveways are disturbed by the Contractor away from the new pipeline alignment, service connections, or meter boxes unless directed by the Owner or the Owner's authorized Project Representative. e. Payment shall be made under: Section IV-a 01630-15 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set • Item No. 15 - Concrete Driveway Restoration as Directed by the Owner or the' Owner's Authorized Project Representative 16. Bid Item No. 16 - Concrete Sidewalk Restoration as Directed by the Owner or the Owner's Authorized Project Representative a. Description: This Bid Item describes measurement and payment for concrete sidewalk restoration, beyond the limits defined in other pay items, as directed by the Owner or the Owner's authorized Project Representative. The quantity to be paid for under this Item is the area in square yards acceptably furnished and installed. b. Measurement: Measurement will be the horizontal measurement of the square yards of concrete sidewalk restored as determined by the Owner or the Owner's authorized Project Representative. C. Payment: Payment will be made for! the square yards of concrete sidewalk installed at the applicable contract unit price and shall include all labor, equipment, formwork, steel reinforcing, concrete, and finishing fo concrete sidewalks. For other sidewalk materials, the sidewalk shall be replaced to its original condition. d. No additional payment will be made for sidewalk restoration where existing sidewalks are disturbed by the Contractor away from the new pipeline alignment, service connections, or meter boxes unless directed by the Owner or the Owner's authorized Project Representative. e. Payment shall be made under: • Item No. 16 - Concrete Sidewalk Restoration as Directed by the Owner or the Owner's Authorized Project Representative I 17. Bid Item No. 17 - Concrete Curb Restoration as Directed by the Owner or the Owner's Authorized Project Representative a. Description: This Bid Item describes measurement and payment for concrete curb restoration, beyond the limits defined in other pay items, as directed) by the Owner or the Owner's authorized Project Representative. The quantity to Section IV-a 01630-16 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set be paid for under this Item is the length in linear feet acceptably furnished and installed. b. Measurement: Measurement will be the horizontal measurement of the linear feet of concrete curbs restored as determined by the Owner or the Owner's authorized Project Representative. C. Payment: Payment will be made for the linear feet of concrete curbs installed at the applicable contract unit price and shall include providing and installing precast concrete curbs, formwork, steel reinforcing, concrete and finishing to match existing curb type. d. No additional payment will be made for curb restoration where existing curbs are disturbed by the Contractor away from the new pipeline alignment, service connections, or meter boxes unless directed by the Owner or the Owner's authorized Project Representative. e. Payment shall be made under: • Item No. 17 - Concrete Curb Restoration as Directed by the Owner or the Owner's Authorized Project Representative 18. Bid Item No. 18 - Asphalt Paving Restoration as Directed by the Owner or the Owner's Authorized Project Representative a. Description: This Bid Item describes measurement and payment for asphalt paving restoration, beyond the limits defined in other pay items, as directed by the Owner or the Owner's authorized Project Representative. The quantity to be paid for under this Item is the area in square yards acceptably furnished and installed. b. Measurement: Measurement will be the horizontal measurement of the square yards of asphalt paving restored as determined by the Owner or the Owner's authorized Project Representative. C. Payment: Payment will be made for the square yards of asphalt paving installed at the applicable contract unit price and shall include asphaltic concrete, base material, sub-base material, compaction, miscellaneous equipment and Section IV-a 01630-17 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set materials, testing and incidental work items. Milling and resurfacing of open cut intersections. d. No additional payment will be made for asphalt paving restoration where existing asphalt paving is disturbed by the Contractor away from the new pipeline alignment, service connections, or meter boxes unless directed by the Owner or the Owner's authorized Project Representative. e. Payment shall be made under: Item No. 18 - Asphalt Paving Restoration as Directed by the Owner or the Owner' 'I authorized Project Representative. 19. Special Pay Item - Owner's Contingency a. The work covered by this Bid Item consists of unforeseen items of work not included in other bid items but necessary for accomplishing the work and shall apply only to extra work or additional items over and above those specified or shown on the plans. The cost for unforeseen Utility Relocations will be paid for under a separate Pay Ite?lm. The cost of this additional work shall be agreed upon in writing and approved by the Owner or his authorized representative prior to starting this additional work. The value of the work shall be based on unit prices or similar bid items called for in the proposal. b. Measurement: The quantities and cost of unspecified work to be paid under this item shall be agreed upon and approved in writing by the Owner or his authorized representative prior to staring this unspecified work. C. The bid price for this Bid Item shall be ten (10) percent of the total bid. This item will be treated as an allowance, against which the Owner, at his discretion, may direct work not shown on the plans, or require other ladditional work which falls within the general scope of work for the project, as approved in writing from the Owner. Each dollar of cost for the additional work will be considers one unit. The final project change order shall include all additional costs approved under the contingency. This item is for contingency if required during the course of the project to facilitate the project, and will be paid only after written authorization to include the item in the progress payments. Section IV-a 01630-18 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set B. Alternative Bid Items for the Chautauqua/Coachman Ridge Reclaimed Water Project: 1. Bid Items Nos. 20a, 20b, 20c, and 20d - F&I Fusible PVC Pipe by Horizontal Directional Drill a. Description: These Bid Items describe measurement and payment for Fusible PVC reclaimed water pipe installed by directional boring. The pay quantities for the work specified under this Section shall be the number of linear feet of the types and sizes of pipe specified in the applicable pay items, actually constructed and accepted. b. Measurement: Measurement will be horizontally, above the centerline of the pipe, and includes the length of any valves or fittings. C. Payment: Payment will be according to the diameter, thickness class, lining material, coating, and type of joint, as set forth on the proposal. The unit bid price includes furnishing and installing all pipe by directional boring or by incidental open cut at launching and receiving pits, two 12 gauge minimum solid copper detectable tracer wires, tracer wire testing, fittings, DI/PVC mechanical joint adapters, and materials above or below ground along pipeline alignment; joints and jointing materials, restraining devices, labor, machinery, construction equipment, directional boring equipment, bentonite clay slurry seal, launching and receiving pits, exploratory pits; bracing, shoring, sheeting, bedding and backfill; adjusting existing underground utilities; disposal of spoil; hydrostatic testing; pigging of all reclaimed water lines; erosion control; concrete encasement; sod replacement; asphalt pavement replacement; driveway replacement; concrete sidewalk replacement; concrete curb replacement; and all other related and necessary materials, work and equipment required to construct a complete operable pipeline. d. Payment shall be made under: • Item No. 20a - F&I 4" Fusible PVC Pipe by Horizontal Directional Drill • Item No. 20b -- F&I 6" Fusible PVC Pipe by Horizontal Directional Drill Section IV-a 01630-19 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set • Item No. 20c - F&I 8" Fusible PVC Pipe by Horizontal Directional Drill • Item No. 20d - F&I 12" Fusible PVC Pipe by Horizontal Directional Drill 2. Bid Items Nos. 21 a, 21 b, 21 c, and 21 d -- F&I Fusible PVC Pipe by Open Cut a. Description: These Bid Items describe measurement and payment for Fusible PVC pipe installed by open cut. This bid item to be used only when it is impractical to use horizontal directional boring or as shown on the plans. All Contractor proposed open cut installations must be specifically approved by the Engineer. The pay quantities for the work specified under this Section shall be the number of linear feet of the types and sizes of pipe specified in the applicable pay items, actually constructed and accepted. b. Measurement: Measurement will be horizontally, above the centerline of the pipe, and includes the length of any valves or fittings. The limits of measurement shall be as shown on the plans or as directed by the Project Representative. No overlap with measurement for payment for Bid Items 20a, 20b, 20c, and 20d shall be measured for this bid item. C. Payment: Payment will be according to the diameter, thickness class, lining material, coating, and type of joint, as set forth on the proposal. The unit bid price includes furnishing and installing all pipe by open cut, fittings, DI/PVC mechanical joint adapters, two 12 gauge minimum solid copper detectable tracer wires, tracer wire testing, and materials above or below ground along the pipeline alignment; joints and jointing materials, restrained joint pipe; bracing, shoring and sheeting; exploratory excavation; bedding and backfill; constructing the specified protection and adjusting of existing above ground and under ground utilities and service connections; flowable fill grout, replacement of asphalt pavement, driveway, concrete sidewalk, and concrete curb replacement; sod replacement, disposal of spoil; hydrostatic testing; pigging of all reclaimed water lines; erosion control; concrete encasement; sod replacement; and all other related and necessary materials, work and equipment required to construct a complete operable pipeline. Section IV-a 01630-20 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set d. Payment shall be made under: Item No. 21 a - F&I 4" Fusible PVC Pipe by Open Cut Item No. 21 b - F&I 6" Fusible PVC Pipe by Open Cut • Item No. 21 c - F&I 8" Fusible PVC Pipe by Open Cut Item No. 21d - F&I 12" Fusible PVC Pipe by Open Cut C. Note for: Sod, Asphalt Pavement, Driveway, Concrete Sidewalk and Concrete Curb Replacement 1. All costs associated with sod, asphalt pavement, driveway, concrete sidewalk and curb restoration and replacement shall be included in the unit prices bid for the reclaimed piping installed. No additional payment will be made for these items unless directed by the Owner or the Owner's authorized Project Representative D. Note for: Erosion Control 1. No additional payment will be made for erosion control features for reclaimed water piping installation to protect the work areas and adjacent property. All costs associated with this item shall be included in the unit prices bid for the linear feet of reclaimed water piping. 2. Erosion control may include sheeting, shoring, trenching boxes, artificial coverings, mowing, sandbagging, slope drains, sediment basins, cleanouts, baled hay and straw, floating silt barrier, staked silt barrier, staked silt fence and seeding. 3. Erosion control is considered a subsidiary obligation of the Contractor and shall include furnishing and installing material, routine maintenance, mowing and removal of temporary erosion control features upon completion of construction. END OF SECTION Section IV-a 01630-21 Chautauqua/Coachman Ridge Reclaimed Water Project SECTION 02071 DIRECTIONAL BORING PART 1 - GENERAL 1.01 DESCRIPTION OF WORK Bid Set A. The work of this Section includes all labor, machinery, construction equipment and appliances required to perform in a good workmanlike manner all directional boring therein. 1. The overall work scope shall include, but not be limited to steerable directional boring (drilling) equipment, boring pits and equipment, sheeting, location signs as required, miscellaneous appurtenances to complete the entire Work as shown on the Contract Drawings, and restoration, including irrigation system replacement. Directional boring operations shall be performed within the right-of- way and/or easements shown on the Contract Drawings. B. The equipment used in directional boring, also known as Horizontal Directional Drilling, shall be of adequate commercial size and satisfactory working condition for safe operation, and may be subject to approval by the County or State at the discretion of the Engineer. Such approval, however, shall not relieve the Contractor of the responsibility for making a satisfactory installation meeting the criteria set forth herein. Only workmen experienced in directional boring operations shall be used in performing the Work. C. Provide all structures, safety equipment, and professional services required to provide for the health and safety of the general public and of personnel involved in directional boring work in accordance with the requirements of the regulatory agencies having jurisdiction. D. Take all measures necessary to protect surrounding public and private property, adjacent buildings, roads, drives, sidewalks, and appurtenances from damage due to directional boring work. Responsibility and payment for correction of such damage shall be the sole responsibility of the Contractor. E. The Directional Boring operation is to be operated in a manner to eliminate the discharge of water, drilling mud, and cuttings to the adjacent water bodies or to the land areas involved during the construction process. Section IV-a 02071-1 Chautauqua/Coachman Ridge Reclaimed Water Project 1.02 REFERENCE DOCUMENTS A. FDOT Utility Accommodation Guide B. American Society for Testing and Materials (ASTM). C. American Water Works Associations (AWWA). 1.03 RELATED WORK A. Section 02600 Fusible PVC Pipe. B. Section 02610 Certa-Lok PVC Pipe. C. Section 15064 HDPE Pipe. 1.04 QUALIFICATIONS Bid Set A. Pipe Manufacture: All pipe for an individual directional drill installation shall be furnished by a single manufacturer who is fully experienced, reputable and qualified in the manufacture of the items to be furnished for HDD pipeline construction. B. The Directional Bore Installer must have at least five years of directional drilling experience installing potable water, wastewater, or reclaimed water mains of at least 12-inches in diameter. Three references are to be provided to the Engineer during shop drawing submittal. C. All personnel shall be fully trained in their respective duties as part of the directional drilling crew and in safety. Each person must have at least five years of directional drilling experience. The Directional Bore Installer shall have a sufficient number of competent workers on the job at all times to insure the Directional Bore is made in a timely and satisfactory manner. B. Drilling Supervisor: A competent and experienced drilling supervisor representing the Contractor and Directional Bore Installer shall be present at all times during the actual drilling operations. This includes, but is not limited to drilling equipment mobilization and set-up, drilling fluid preparation, boring, back-reaming and pulling. A responsible representative who is thoroughly familiar with the equipment and type of work to be performed must be in direct charge and control of the operation at all times. In all cases, the supervisor must be continually present at the job site during the actual Directional Bore operation. Section IV-a 02071-2 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set C. Drilling Fluid Specialist: The personnel responsible for supervising the supply, mixing, monitoring fluid 'quality, pumping and re-circulation system proposed for the drilling fluid shall have a written certification issued by the Drilling Fluid manufacturer for performing such work and a minimum of five years experience performing this type of work. If no certification is available, written documentation of the required work experience for the proposed personnel shall be submitted for review and approval. D. Personnel who are unqualified, incompetent or otherwise not suitable for the performance of this project shall be removed from the job site and replaced with a suitable person. E. A professional land surveyor registered in the State of Florida will be required for certified as-builts as per specifications. 1.05 SUBMITTALS A. PRE-CONSTRUCTION SUBMITTALS Drilling Materials: Detailed description including specifications and catalog cuts for: a. Pipe, fittings, tanks and materials to be furnished for the drilling equipment, dewatering and local drainage including the names of the suppliers. b. Shop drawings and catalog data for all HDD equipment. C. Steering and tracking devices including specific tracer wire. d. Drilling fluids: the drilling fluid submittal shall include the ratio of mixture to water, including any additives, based on the Contractor's field observations prior to construction, knowledge and experience with drilling in similar conditions, and any soil data provided in the Contract Documents, which shall be verified by the drilling fluid specialist. The Contractor is responsible for maintaining the quality of the drilling fluids during all boring work and shall engage a testing laboratory to sample and monitor the fluids at regular intervals, comparing results to the approved mixture. Field changes to the drilling fluids shall be approved by the drilling fluid specialist and reported to the Engineer. 2. Shop drawings for the specialized equipment to be used. Section IV-a 02071-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 3. Shop drawings for the breakaway swivel, including the method of setting the swivel's break point and set point to be.used, along with the product pipe manufacturers pullback force recommended setting. 4. A Bore Plan that includes the following: a. Contact information and experience for the drilling fluid specialist. b. The number of passes the bore will include prior to the product pipe pull-back. C. The pilot bore and all reaming bore sizes including the final pullback with the product pipe. d. Drilling rod length in feet. e. The pilot bore, pre-ream bores (if any) and pullback production rate in minutes per (drilling) rod. f. The fluid pumping rate in gallons per minute for each drilling sequence. g. Details of the entry and exit pit locations along with entry and exit angles for the bore, and coordination with the design profile. 5. Details of the Drill Head device including types of cutters suitable for the variable subsurface soil and rock conditions at the site, drilling fluid port arrangements, connection to drill rod and devices for location tracking. 5. Details of the Back Reaming device including types of cutters suitable for the variable subsurface soil and rock conditions at the site, drilling fluid port arrangements, connection to drill rod and devices for location tracking. 7. Site layout plan for entry and exit pit locations, drawn to scale, depicting the position of all required equipment, access points, existing facilities to remain in place, existing traffic lanes to be maintained in operation, office trailers and storage sites. 8. Pipe assembly procedure, details of support devices, and staging area layout including methods to avoid interference with local streets, driveways, and sidewalks. Section IV-a 02071-4 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 9. Certified Work Zone Traffic control plan for all proposed traffic lane or sidewalk diversions or closures as outlined in Specification 44 of Section IV - Technical Specifications. Plans shall depict detailed sequences and requirements for traffic control devices required, dimensioned positions of all devices, and pavement striping. The Contractor must coordinate with City of Clearwater, FDOT, and Pinellas County for all traffic lane diversions or closures and obtain their permits or written approvals before performing any work in the public right of way. 10. Incident Reaction or Contingency Plan: The Contractor shall prepare and submit for review and approval to the Engineer an Incident Reaction Plan that will describe in detail the actions and materials to be used in the event that the proposed and approved construction activity or progress is stopped, deviated, delayed or obstructed, or the materials fail to perform as intended. The plan shall consider a typical range of failure scenarios and describe the required and intended reactions that will restore the work to its intended design. a. Regarding spills, the plan shall include, as a minimum, the monitoring and response activities presented in the Spill Contingency Plan included at the end of these specifications under Supplemental Information. These requirements are part of the FDEP Environmental Resource Permit for this project and must be followed. 11. Proposed construction schedule for all field activities. 12. An HDD schedule identifying daily work hours and working dates for each installation. 13. All test reports for tests completed as required by these Specifications. B. POST-CONSTRUCTION SUBMITTALS 1. The following AS-RECORDED DATA is required from the contractor and/or fusion provider to the Owner or pipe supplier upon request: a. The as-recorded plan and profile will reflect the actual installed alignment, and reflect the horizontal offset from the baseline and depth of cover and all utility facilities found during the installation. Section IV-a 02071-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set b. All fittings, valves, or other appurtenances will also be referenced and shown. C. A daily project log, along with tracking log sheets, should they be used, shall be provided. Tracking log sheet data, should it be employed, shall include any and all that apply, including inclination, depth, azimuth, and hydraulic pull-back and rotational force measured. PART 2 - PRODUCTS 2.01 DRILLING SYSTEM EQUIPMENT A. GENERAL 1. The directional drilling equipment shall consist of a directional drilling rig of sufficient capacity to perform the bore and pull back the pipe, a drilling fluid mixing, delivery and recovery system of sufficient capacity to successfully complete the installation, a drilling fluid recycling system to remove solids from the drilling fluid so that the fluid can be reused (if required), a magnetic guidance system or walk-over system to accurately guide boring operations, a vacuum truck of sufficient capacity to handle the drilling fluid volume, and trained and competent personnel to operate the system. All equipment shall be in good, safe condition with sufficient supplies, materials and spare parts on hand to maintain the system in good working order for the duration of this project. B. DRILLING RIG 1. The directional drilling machine shall consist of a hydraulically powered system to rotate and push hollow drilling pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing and rotating pressure required to complete the installation. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be. free of leaks. Rig shall have a system to monitor and record maximum pull-back pressure during pull-back operations. There shall be a system to detect electrical current from the drill string and an audible alarm which automatically sounds when an electrical current is detected. Section IV-a 02071-6 Chautauqua/Coachman Ridge Reclaimed Water Proiect C. DRILL HEAD Bid Set 1. The horizontal directional drilling equipment shall produce a stable fluid lined tunnel with the use of a steer-able drill head and any subsequent pre-reaming heads. 2. The system must be able to control the depth and direction of the drilling operation. 3. Drill head shall contain all necessary cutters and fluid jets for the operation, and shall be of the appropriate design for the ground medium being drilled. D. MUD MOTORS (If Required) 1. Mud motors shall be of adequate power to turn the required drilling tools. E. DRILL PIPE 1. Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tools joints should be hardened to 32-36 RC. 2.02 GUIDANCE SYSTEM A. GENERAL 1. An electronic walkover tracking system or a Magnetic Guidance System (MGS) probe or proven gyroscopic probe and interface shall be used to provide a continuous and accurate determination of the location of the drill head during the drilling operation. The guidance shall be capable of tracking at all depths up to fifty feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The guidance system shall be accurate and calibrated to manufacturer's specifications of the vertical depth of the borehole at sensing position at depths up to fifty feet and accurate to 2-feet horizontally. B. COMPONENTS 1. The Contractor shall supply all components and materials to install, operate, and maintain the guidance system. Section IV-a 02071-7 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set C. The guidance system shall be of a proven type, and shall be set up and operated by personnel trained and experienced with the system. The operator shall be aware of any geo-magnetic anomalies and shall consider such influences in the operation of the guidance system. 2.03 DRILLING FLUID (MUD) SYSTEM A. MIXING SYSTEM 1. A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid composed of bentonite clay, potable water, and appropriate additives. Mixing system shall be able to molecularly shear individual bentonite particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be minimum of 1,000 gallons. Mixing system shall continually agitate the drilling fluid during drilling operations. B. DRILLING FLUIDS 1. Drilling fluid shall be composed of clean water and bentonite clay. Water shall be from an authorized source with a pH of 8.5 ce 10. Water of a lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or equal. No additional material may be used in drilling fluid without prior approval from ENGINEER. The bentonite mixture used shall have the minimum viscosities as measured by a March funnel: Rock Clay - 60 seconds Hard Clay - 40 seconds Soft Clay - 45 seconds Sand Clay - 90 seconds Stable Sand - 80 seconds Loose Sand - 110 seconds Wet Sand - 110 seconds 2. These viscosities may be varied to best fit the soil conditions encountered, or as determined by the operator. C. DELIVERY SYSTEM 1. The mud pumping system shall have a minimum capacity of 35-500 GPM and the capability of delivering the drilling fluid at a constant minimum pressure of 1200 psi. The delivery system shall have filters in-line to prevent solids from being pumped into drill pipe. Section IV-a 02071-8 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set Used drilling fluid and drilling fluid spilled during operations shall be contained and conveyed to the drilling fluid recycling system or shall be removed by vacuum trucks or other methods acceptable to ENGINEER. A berm, minimum of 12inches high, shall be maintained around drill rigs drilling fluid mixing system, entry and exit pits and drilling fluid recycling system to prevent spills into the surrounding environment. Pumps and or vacuum truck(s) of sufficient size shall be in place to convey drilling fluid from containment areas to storage and recycling facilities for disposal. 2.04 OTHER EQUIPMENT A. PIPE ROLLERS 1. Pipe rollers, if required, shall be of sufficient size to fully support the weight of the pipe during handling and pullback operations. 2. A sufficient quantity of rollers and spacing, per the pipe supplier's guidelines shall be used to assure adequate support and excessive sagging of the product pipe. B. PIPE PULL HEADS 1. Pipe pull heads shall be utilized that employ a positive through-bolt design assuring a smooth wall against the pipe cross-section at all times. 2. Pipe pull heads shall be specifically designed for use with fusible PVC, Certa-Lok PVC, or HDPE pipe and shall be as recommended by the pipe supplier. C. RESTRICTIONS 1. Other devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system shall maintain line and grade within the tolerances prescribed by the particular conditions of the project. 2.05 EROSION CONTROL A. Provide silt fence, floating turbidity barriers and hay bales as approved under FDOT Standard Specifications for use near open water bodies, Section IV-a 02071-9 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set wetlands, ditches, inlets or other areas where runoff could pollute nearby water bodies. 2.06 STORAGE AND HANDLING OF MATERIALS A. Inspect materials delivered to the site for damage. All materials found to have cracks, flaws, cuts, abrasions or other major defects shall be rejected and removed from the job site immediately. B. Store materials under cover out of direct sunlight. Do not store directly on the ground. Keep all materials free of dirt and debris. C. Disposal of fluids is the responsibility of the Contractor, and shall be performed in accordance with all permits and applicable federal, state or local environmental regulations. Upon completion the area shall be completely cleaned of all debris, spilled fluids and damaged plants, and restored to existing or better conditions. PART 3 - EXECUTION 3.01 DIRECTIONAL DRILLING OPERATIONS A. GENERAL 1. The Contractor shall provide all material, equipment, and facilities required for directional drilling. Proper alignment and elevation of the bore hole shall be consistently maintained throughout the directional drilling operation. The method used to complete the directional drill shall conform to the requirements of all applicable permits. 2. The entire drill path shall be accurately surveyed with entry and exit stakes placed in the appropriate locations. If Contractor is using a magnetic guidance system, drill path will be surveyed for any surface geo-magnetic variations or anomalies. 3. The directional boring equipment shall be operated by individuals trained by the manufacturer as experienced operators. 4. The directional boring equipment shall produce a stable, clay sealed tunnel with a minimum burial depth of 30-inch for the carrier pipe installation. 5. Locations for the drilling equipment and storage of materials shall be coordinated with the Engineer to minimized damage to existing Section IV-a 02071-10 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set features and property. All equipment and materials shall remain in Public Right-of-Way or Easements, unless written permission from the property owners allows the placement of equipment on private property. 6. The directional boring equipment shall employ a fluid cutting technique. The soil shall be cut by small diameter, high pressure jets of liquefied clay. The jets shall cut the soil in advance of the boring tool, impregnating and lining the tunnel wall with clay. The clay shall be totally inert and pose no environmental risk. A pilot hole shall be drilled with an appropriately sized drill pipe. The pilot hole will then be increased to the appropriate diameter by a reaming operation. The boring tool will then be connected to the PVC or HDPE pipe, and the boring tool shall pull the carrier pipe through the clay lined tunnel as it traverses under the surface being crossed. The pulling strength of the boring equipment shall not exceed PVC or HDPE pipe safety pull strength as per manufacturer's recommendations. Surface excavations shall be limited to small launching and receiving pits. Pits shall be no larger than that required for launching and receiving. Adequate "pit-tail" lengths of service connection piping shall be provided at both the launching and receiving ends to facilitate service connection assembly. 7. Readings shall be recorded after advancement of each successive drill pipe (no more than 10') and the readings plotted on a scaled drawing of 1" = 2', both vertical and horizontal. Access to all recorded readings and plan and profile information shall be made available to the Owner or the owner's authorized Project Representative, at all times. At no time shall the deflection radius of the drill pipe exceed the deflection limits of the carrier pipe as specified herein. B. REAMING 1. Upon approval of the pilot hole location by the Engineer, the hole opening or enlarging phase of the installation shall begin. The borehole diameter shall be increased to the size recommended by the pipe manufacturer to accommodate the pullback operation of the PVC or HDPE pipe. The type of hole opener or back reamer to be utilized in this phase shall be determined by the types of subsurface soil conditions that have been encountered during the pilot hole drilling operation. The reamer type shall be at the Contractors discretion. Section IV-a 02071-11 Chautauqua/Coachman Ridge Reclaimed Water Proiect C. PIPE PULLBACK OPERATION Bid Set 1. Pipe shall be fused prior to insertion, if the site and conditions allow, into one continuous length. 2. The pipes shall be assembled in a manner that does not obstruct adjacent roads or City, County, or Public activities adjacent to the layout areas except as directed otherwise by the owner's authorized Project Representative. 3. The Contractor shall provide adequate support/rollers along the stringing area to support the required length of the PVC or HDPE pipe for each bore. Such support/rollers shall be comprised of a non-abrasive material arranged in a manner to provide support to the bottom and bottom quarter points of the pipeline allowing for free movement of the pipeline during pullback. 4. Each length of pipe shall be inspected and cleaned as necessary to be free of debris immediately prior to joining. 5. All PVC or HDPE pipe mains installed by shallow directional boring shall be provided with an insulated (2) 12 gauge minimum solid strand copper wire with color coded insulation for pipe location purposes. These wires are to be continuous with splices made only by methods approved by the Engineer. Wire is to be secured to all valves, tees, and elbows. The locator wires shall be tested by voltage of at least 12 DC. Test each wire with both positive and negative charge with not more than 1 volt of loss per 1000 feet will be allowed. The wires will be pre-tested at time of pressure test of pipeline. If pretest fails for both wires, pressure test will not be done until wire is repaired. Final wire testing to be at job finish. If this test fails, the Contractor is responsible for repairing the locator wires. See Section 15065 for additional information. 6. Pullin Loads: The maximum pull (axial tension force) exerted on the PVC or HDPE pipelines shall be measured continuously and limited to the maximum allowed by the pipe manufacturer so that the pipe or joints are not overstressed. 7. Torsion and Stresses: A swivel shall be used to connect the HDPE pipeline and tracer wires to the drill pipe to prevent torsional stresses from occurring in the pipe. 8. Pipeline Support: The pipelines shall be adequately supported during installation so as to prevent overstressing or buckling. Section IV-a 02071-12 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 9. The Contractor shall at all times handle the pipe in a manner that does not overstress the pipe. Vertical and horizontal curves shall be limited so that wall stresses do not exceed 50% of yield stress for flexural bending of the pipe. If the pipe is buckled or otherwise damaged, the damaged section shall be removed and replaced by the Contractor at his expense. The contractor shall take appropriate steps during pullback to ensure that the pipe will be installed without damage. 10. During the pullback operation, the Contractor shall monitor roller operation and sidebooms if required to assist movement of the pipe. Surface damage shall be repaired by Contractor before pulling operations resume. 11. The lead end of the pipe shall be closed during the pull back operation. 12. After the carrier pipe is completely pulled through the tunnel, a sufficient relaxation period, as recommended by the specified pipe manufacturer, shall be provided prior to the final pipe tie-in. 13. The Contractor shall install, maintain, and leave in place any sheeting, underpinning, cribbing, and other related items (other than that required for the boring and receiving pits) to support any structure or facility affected by the boring operations. The Engineer, depending upon existing conditions, may require that additional sheeting for the excavation be left in place. 14. Contractor shall hydrostatically test each line according to the City's required test procedures and these Technical Special Provisions after installation of complete pipeline services. Pressure shall be monitored with certified instruments during the test. The requirements for testing shall be met. D. HANDLING DRILLING FLUIDS AND CUTTINGS 1. During the drilling, reaming, or pullback operations, the Contractor shall make adequate provisions for handling the drilling fluids, or cuttings at the entry and exit pits. These fluids must not be discharged into the waterways. When the Contractor's provisions for storage of the fluids or cuttings on site are exceeded, these materials shall be hauled away to a suitable legal disposal site. After completion of the directional drilling work, the entry and exit pit locations shall be restored to original conditions. The Contractor shall comply with all permit provisions. Section IV-a 02071-13 Chautauqua/Coachman Ridge Reclaimed Water Proiect E. NEARBY UTILITIES Bid Set 1. Nearby Utilities - The drawings show existing buried utilities that are believed to be near the directional drill alignment. There is no guarantee that these utilities are located as shown or that other utilities may be present. It will be the Contractor's responsibility to locate all nearby utilities or other subsurface obstructions that may interfere with the work by excavating windows on the pipeline alignment or other means. Further information on existing utilities can be obtained from the Owner or the applicable private utility company. F. RESPONSIBILITY 1. The Contractor shall be fully responsible for the steerable, clay lined directional drilling operation. Any noticeable surface defects resulting from improper operation of this boring equipment shall be repaired by the Contractor at his expense. G CLEANING AND SIZING PIGS 1. After the pipe is in place, cleaning pigs shall be used to remove residual water and debris. After the cleaning operation, the Contractor shall provide and run a sizing pig to check for abnormalities in the form of buckles, dents, excessive out-of- roundness, and any other deformations. The sizing pig run shall be considered acceptable if the survey results indicate that there are no sharp anomalies (e.g. dents, buckles, gouges, and internal obstructions) greater that 2-percent of the nominal pipe diameter, or excessive ovality greater than 5-percent of the nominal pipe diameter. For gauging purposes, dent locations are those defined above which occur within a span of five feet or less. Pipe ovality shall be measured as the percent difference between the maximum and minimum pipe diameters. For gauging purposes, ovality location are those defined above which exceed a span of five feet. H. SUCCESSFUL COMPLETION 1. The contractor shall be considered as having completed the requirements of any directional boring when he has successfully completed the work and tested the pipe to the satisfaction of the Engineer. 2. Following drilling operations, Contractor will de-mobilize equipment and restore the work site to the original conditions or better. All Section IV-a 02071-14 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set excavations will be backfilled and compacted according to the specifications. 3. Surface restoration shall be completed in accordance with the requirements of the contract, to a condition as good as or better than existed prior construction. END OF SECTION Section IV-a 02071-15 Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 02155 RAILROAD AND ROAD CROSSING (JACK & BORE) PART 1 - GENERAL 1.01 SCOPE OF WORK Bid Set A. Furnish all labor, equipment, materials and incidentals required and install pipe and sleeve by jacking under the CSX railroad tracks and roadways at the locations shown on the Drawings and described in this specification section. The work shall be done in strict accordance with the requirements of the Standard Railroad Specifications, Department of Transportation Specifications, and insurance requirements as included in the Appendix, as shown on the Drawings and as specified herein. B. Prior to installing the jacking sleeve, retain at Contractor's own expense the services of a competent civil and/or geotechnical engineer with 5 years demonstrated experience in the design and installation of jacking sleeves, pipes and appurtenances. The aforementioned engineer shall, prior to submittal as required under Paragraph 1.03 below, approve and affix his/her stamp to the Contractor's drawings and design concept for the jackings. The drawings and design concept shall include but not be limited to the dewatering, soil stabilization, jacking pits, jacks, reaction blocks and installation schedule. The Contractor's engineer shall avail himself of all the available information contained on the contract drawings and herein and shall be responsible for making whatever additional investigations of the site and the conditions thereon that he/she may deem necessary. C. Continuously keep the jacking pits' subgrade free from ground and surface waters during the operation and shall be prepared to implement additional groundwater control on short notice as directed by the Engineer. Observed water levels prior to construction are to be below the invert elevation of the jacking pits. Groundwater control along and at the face of the jacking sleeve shall include chemical grout stabilization as required. D. Be fully responsible for inspecting the location where the pipes are to be installed and shall familiarize himself with the conditions under which the work will be performed and with all necessary details as to the orderly prosecutive of the work. The omission of any details for the satisfactory installation of the work in its entirety which may not appear herein, shall not relieve the Contractor of full responsibility. E. Prepare to work at night and on Saturday and Sunday, if required to complete the work. After the operation has begun, work continuously (24 hours a day) until the complete length of pipe has been installed. Section IV-a 02155-1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set F. If any movement or settlement occurs which causes or might cause damage to existing structure over, along or adjacent to the work, immediately stop any or all work except that which assists in making the work secure and in preventing further movement, settlement or damage. Resume jacking only after all necessary precautions have been taken to prevent further movement, settlement or damage, and repair the damage, at the Contractor's own cost and to the satisfaction of the Engineer. G. Conform to all requirements of applicable permits. 1.02 RELATED WORK A. Concrete and reinforcing steel is included in Paragraphs 6 and 8 of Section IV - Technical Specifications. 1.03 SUBMITTALS A. Submit to the Engineer, in accordance with Paragraph 6.11 of Section III - General Conditions, at least 3 weeks prior to the scheduled start of any jacking operations, as evidence of compliance with the requirements of this Section. Stamped drawings and calculations as specified in Paragraph 1.01 above. 2. Shop Drawings showing size, location and design calculations for reaction blocks and jacking pits. 3. Number and capacities of jacks. 4. Size, arrangement and installation of soil stabilization and dewatering equipment. 5. Detailed description of equipment, materials, sequence and procedures for jacking both steel sleeve with shield and interceptor pipe including provisions for standby and backup equipment. 6. Revisions to shop drawings, as necessary to accommodate field conditions and/or comply with the requirements specified herein. B. Acceptance of the submitted material by Engineer does not indicate acceptance of responsibility for the means and methods of construction. The Contractor shall be totally responsible for the entire jacking operation. Section IV-a 02155-2 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set 1.04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 1. ASTM A53 - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless. 2. ASTM C32 - Standard Specification for Sewer and Manhole Brick (Made from Clay or Shale). 3. ASTM C144 - Standard Specification for Aggregate for Masonry Mortar. 4. ASTM C150 - Standard Specification for Portland Cement. 5. ASTM C207 - Standard Specification for Hydrated Lime for Masonry Purposes. B. American Water Works Association (AWWA) AWWA C200 - Steel Water Pipe 6-in (150mm) and Larger. 2. AWWA C203 - Coal-Tar Protective Coatings and Linings for Steel Water Pipelines - Enamel and Tape - Hot-Applied. 3. AWWA C206 - Field Welding of Steel Water Pipe. C. American Welding Society (AWS) D. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. PART 2 - PRODUCTS 2.01 MATERIALS A. Steel casing pipe shall have a minimum yield strength of 35,000 psi, have a minimum thickness as shown in the table below, be equipped with grout holes as specified herein, be designed to withstand Cooper's E-80 railroad loading where the steel casing pipe crosses under railroad tracks and conform to AWWA C200 and ASTM A53. Steel casing pipe shall be painted inside and outside with two coats bitumastic enamel coating paint in accordance with AWWA C203. Section IV-a 02155-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set Carrier Pipe Casing Pipe Crossing Nominal Nominal Wall Thickness Casing Pipe Diameter Diameter (inch) Grade inch inch CSX Railroad and S.R. 590 Crossing 12 24 0.375 36 Crossing Old Coachman Rd at Farrier Trail 6 14 0.250 36 Crossing Old Coachman Rd at Wetherington 4 12 0.250 36 Road Crossing Old Coachman at Manor Blvd. N' 8 18 0.312 36 B. Fusible PVC Reclaimed Water Main pipe shall be as shown on the Contract Drawings and as specified in Specification 02600 of Section IVa - Supplemental Technical Specifications. C. Brick bulkheads shall be of sound, uniformly burned brick conforming to ASTM C32, Grade stainless steel. D. Mortar shall consist of 1 part cement, 1/4 part lime and 2 parts sand. Sand shall comply with ASTM C144; lime shall comply with ASTM C207, Type S; cement shall comply with ASTM C150, Type II. E. Cement grout shall consist of a mixture of about 1 part cement to 6 parts sand which shall be subject to increase or decrease in the amount of cement necessary or as permitted, to provide good flowing characteristics. F. Upon completion of the installation of the steel pipe encasement, the Contractor shall furnish and install a non-metallic boltless casing spacers on the carrier pipes as described below. Casing spacers shall be spaced a maximum of eight (8) feet apart along the length of the carrier pipe with one casing spacer within two (2) feet of each side of a pipe joint and the rest evenly spaced. Wood skids are not an acceptable method of supporting the carrier pipe. 1. Casing spacers shall be all non-metallic (polypropylene), molded in segments for field assembly without any special tools. Spacer segments shall be secured around carrier pipe by insertion of a Slide- Lock. The casing spacer polymer shall contain ultraviolet inhibitors and shall have a minimum compressive strength of 3,000 psi, an 800 Volts/mil dielectric strength and impact strength of 1.5 ft-lbs./inch. Each casing spacer shall have full length, integrally molded skids extending beyond the bell or mechanical joint of the carrier pipe. Section IV-a 02155-4 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set 2. Each casing spacer and end seal shall be manufactured at a facility that has a Registered ISO 9001:2000 Quality Management System. Copy of current ISO 9001:2000 Registration shall be provided with material submittal. The casing spacers shall be the PSI Ranger II@ Casing Spacers as manufactured by Pipeline Seal and Insulator, Inc., Houston, Texas or approved equal. 3. Spacers shall be at least as wide as listed below. Carrier Pipe Diameter Ranger II Length Inches Inches (mm) Model (mm) 0.83 to 3.07" Micro 2.13" (54) (21 to 78) 2.48 to 5.51 Mini 3.15" (80) (63 to 140) 5.51 to 16.65" Midi 5.12" (130) (140 to 423) 16.77 to 25.98" Medi 6.87" (174) (426 to 660) 25.98 to 37.60" Maxi 8.86" (225) (660 to 955) PART 3 - EXECUTION 3.01 JACKING PITS A. The pits shall be shaped with steel sheet piling or other materials that shall be of adequate strength. Braced steel sheeting shall be used to support the sides of the excavation for the pits. B. Furnish, install and remove, to the extent required, thrust blocks or whatever provisions may be required in driving the sleeves and pipes forward. C. Steel rails or beams embedded in the concrete shall be used in the pit for placement and alignment of each piece of steel sleeve or ductile iron pipe during installation operations. Section IV-a 02155-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set D. Be fully responsible for the removal of the pits including the breaking up, removing and disposing of concrete, if so required, or cutting off of sheeting and furnishing and placing screened gravel fill to the normal subgrade as may be required following the installation operations. 3.02 JACKING OPERATIONS A. Be fully responsible for preventing the occurrence of voids outside the jacking sleeve and if they occur, fill them with cement grout with a method approved by the Engineer. In order to minimize the amounts of voids produced during excavation in the forward end of the sleeve, a jacking shield shall be required. B. Proper alignment and elevation of the sleeves or pipes shall be consistently maintained throughout the jacking operation. C. Be required to use a jacking ring consisting of either steel or concrete construction. This jacking ring will allow the jacking pressure to be distributed evenly around the wall of the jacking pipe. D. The use of a jacking frame shall be required. It shall be fabricated from structural steel members and shall be designed to distribute the stresses from the jacks evenly to the jacking ring. E. Steel casing pipe sections shall have beveled ends with a single v-groove and shall be full penetration butt welded on the outside of the sleeve in accordance with the applicable portions of AWWA C206 and AWS D7.0 for the field welded water pipe joints. All joints of the steel casing shall be butt welded prior to being subject to the jacking operation. The welded joints shall be wire brushed and painted with bitumastic enamel coating in accordance with AWWA C203. F. After the casing pipe has been completely installed, thoroughly clean the interior. Place within the casing, the pipe using the non-metallic casing spacers as shown on the Drawings. G. After the pipe is installed with the casing, conduct a leakage test on pipe as designated by the Engineer. Any leaks which are discovered during the testing phase shall be repaired to the satisfaction of the Engineer. H. Brick bulkheads 8-in wide minimum shall be installed at each end of the sleeve after the pipe has been installed. The portion of the pipe passing through the brick bulkhead shall be wrapped with three layers of 15 lb asphalt impregnated felt before the bulkhead is constructed. Section IV-a 02155-6 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1. If a pipe is laid within a 1.5 to 1 slope from a point 10-ft off of the tracks centerline, take precaution to keep the soil from running by either sheeting or other approvable methods to the Engineer of Design of the Railroad. END OF SECTION Section IV-a 02155-7 Chautauqua/Coachman Ridge Reclaimed Water Project SECTION 02600 FUSIBLE PVC PIPE PART 1-- GENERAL 1.01 DESCRIPTION A. SCOPE Bid Set 1. This section supersedes Specification Section IV.41.2.2.2. It specifies fusible polyvinylchloride pipe, including standards for dimensionality, testing, quality, acceptable fusion practice, safe handling, and storage. B. REQUIREMENTS 1. Contractor shall provide fusible polyvinylchloride pipe conforming to all standards and procedures, and meeting all testing and material properties as described in this specification. 2. Contractor shall be responsible for all installation processes and procedures associated with the installation by horizontal directional drilling in accordance with Specification Section 02071, by jack and bore in accordance with Specification Section 02155, or by open- cut in accordance with Specification Section IV.41.3.2.2. C. PIPE DESCRIPTION 1. Pipe Supplier shall furnish fusible polyvinylchloride pipe conforming to all standards and procedures, and meeting all testing and material properties as described in this specification. 2. Pipe shall conform to the following dimensionality and general characteristics table: Pipe Description Nominal Diameter in. DR Color Pressure Class sii Required Inner Diameter in. 4" DR 18 DIPS 4 18 Purple 235 4.23 6" DR 18 DIPS 6 18 Purple 235 6.09 8" DR 18 DIPS 8 18 Purple 235 7.98 12" DR 18 DIPS 12 18 Purple 235 11.65 Section IV-a 02600-1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set D. No cross connection between the reclaimed water system and the potable water system shall be allowed. At all locations where reclaimed water service is provided, the public potable water supply shall be protected by installation of an approved backflow prevention device. 1.02 QUALITY ASSURANCE A. REFERENCES 1. This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those other standards are included as references under this section as if referenced directly. In the event of a conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. 2. Unless otherwise specified, references to documents shall mean the documents in effect at the time of construction. If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. 3. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ANSI/AWWA American National Standard for Ductile-Iron and Gray-Iron Fittings, 3- C110/A21.10 inch through 48-inch, for Water and Other Liquids ANSI/AWWA American National Standard for Rubber-Gasket Joints for Ductile-Iron C111/A21.11 Pressure Pipe and Fittings AWWA C605 Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water AWWA C651 Standard for Disinfecting Water Mains AWWA C900 Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. through 12 in. (100mm through 300mm), for Water Distribution Section IV-a 02600-2 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set Reference Title AWWA C905 Standard for Polyvinyl Chloride (PVC Pressure Pipe and Fabricated Fittings, 14 in. through 48 in. (350mm-1200mm), for Water Distribution AWWA M23 AWWA Manual of Supply Practices PVC Pipe-Design and Installation, Second Edition ASTM C923 Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals ASTM D1784 Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds ASTM D1785 Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 Test Method for Degree of Fusion of Extruded ASTM D2152 Poly(Vinyl Chloride) (PVC) Pipe and Molded Fittings by Acetone Immersion ASTM D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) ASTM D2665 Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings ASTM D3034 Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings ASTM F477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe ASTM F679 Standard Specification for Poly(Vinyl Chloride) (PVC) Large Diameter Plastic Gravity Sewer Pipe and Fittings ASTM F1057 Standard Practice for Estimating the Quality of Extruded Poly (Vinyl Chloride) (PVC) Pipe by the Heat Reversion Technique ASTM F1417 Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low-Pressure Air UNI-PUB-6 Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe UNI-PUB-8 Recommended Practice for the Direct Tapping of Polyvinyl Chloride (PVC) Pressure Water Pipe (Nominal Diameters 6-12 Inch) NSF-14 Plastics Piping System Components and Related Materials NSF-61 Drinking Water System Components--Health Effects PPI TR-2 PVC Range Composition Listing of Qualified Ingredients B. MANUFACTURER REQUIREMENTS Fusible polyvinylchloride pipe shall be tested at the extrusion facility for properties required to meet all applicable parameters as outlined in either AWWA C900, AWWA C905, applicable sections of ASTM D2241, ASTM D3034, or ASTM F679. Testing priority shall be in conformance with AWWA C900 and AWWA C905, except for pipe made to the ASTM D3034 or ASTM F679 standards, which shall be tested to those standards. All piping shall be made from a PVC Section IV-a 02600-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set compound conforming to cell classification 12454 per ASTM D 1784. C. FUSION TECHNICIAN REQUIREMENTS 1. Fusion Technician shall be fully qualified by the pipe supplier to install fusible polyvinylchloride pipe of the type(s) and size(s) being used. Qualification shall be current as of the actual date of fusion performance on the project. D. SPECIFIED PIPE SUPPLIERS 1. Fusible polyvinylchloride pipe shall be used as manufactured under the trade names Fusible C-900®, Fusible C-9050, and FPVCTM, for Underground Solutions, Inc., Poway, CA, (858) 679-9551. Fusion process shall be as patented by Underground Solutions, Inc., Poway, CA, Patent No. 6,982,051. Owner and Engineer are aware of no other supplier or fusible polyvinylchloride pipe that is an equal to this specified pipe supplier and product. E. WARRANTY 1. The pipe shall be warranted for one year after substantial completion per the pipe supplier's standard terms. 2. In addition to the standard pipe warranty, the fusion services shall be warranted for one year after substantial completion per the fusion service provider's standard terms. F. PRE-CONSTRUCTION SUBMITTALS 1. In general, shop drawings and related manufacturer's product certification shall be made in accordance with Paragraph 6.11.1 of Section III - General Conditions of the Contract Documents for approval prior to construction or fabrication of the material by the manufacturer. 2. The following PRODUCT DATA is required from the pipe supplier and/or fusion provider: a. Pipe Size b. Dimensionality C. Pressure Class per applicable standard d. Color Section IV-a 02600-4 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set e. Recommended Minimum Bending Radius f. Recommended Maximum Safe Pull Force g. Pipe and fusion services warranty information. h. Written procedural documentation for piping products including proper handling and storage, installation, tapping, and testing. L Fusion technician qualification indicating conformance with this specification. G. POST-CONSTRUCTION SUBMITTALS 1. The following AS-RECORDED DATA is required from the contractor and/or fusion provider to the Owner or pipe supplier upon request: a. Fusion report for each fusion joint performed on the project, including joints that were rejected shall be prepared by the Contractor and submitted to the owner's authorized Project Representative on a weekly basis. Specific requirements of the Fusion Technician's joint report shall include: • Pipe Size and Thickness • Machine Size • Fusion Technician Identification • Job Identification • Fusion Joint Number • Fusion, Heating, and Drag Pressure Settings • Heat Plate Temperature • Time Stamp • Heating and Cool Down Time of Fusion • Ambient Temperature 1.03 SEPARATION OF RECLAIMED WATER, POTABLE WATER, AND WASTEWATER LINES A. Wherever practical, reclaimed water mains should be installed on the opposite side of the street from potable water mains. A minimum horizontal separation of 5 feet (center to center) or 3 feet (outside to outside) shall be maintained between reclaimed water mains and potable water mains, sanitary sewers, or sanitary force mains. Where a reclaimed water main crosses a potable water main, sanitary sewer, or sanitary force main, a minimum of 18 inches vertical clearance shall be maintained. Where 18 inches of vertical clearance cannot be maintained, the crossing Section IV-a 02600-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set shall be arranged so that the joints of the two pipes are equidistant from the point of crossing with no less than 10 feet between any two joints. Alternatively, the reclaimed water main may be placed in a casing to obtain the equivalent of the required 10-feet separation. 1.04 SYSTEM IDENTIFICATION A. All reclaimed water piping and appurtenances shall be clearly identified to inform the public and employees that the water is not intended for drinking. B. The following features shall be included in the design of reclaimed water facilities: 1. All buried reclaimed water transmission and distribution piping shall be color coded purple. For PVC mains, color shall be an integral part of the pipe material. 2. All above ground valves, meters, and other devices, and other appurtenances shall be painted purple. The color standard for paint shall be Pantone color 522C with light color stableant or approved equal. 3. Tracer Wire: See Section 15065. 4. Covers for all valve boxes, meter boxes, and other below ground devices on the reclaimed water system shall be painted purple. Covers shall be permanently embossed with the wording "Reclaimed Water, Do Not Drink" in English and in Spanish "No Beber", and should have the International "Do Not Drink" symbol embossed on the cover. Valve boxes shall be square, U.S. Foundry or approved equal. PART 2 - PRODUCTS 2.01 FUSIBLE POLYVI NYLCH LORI DE PRESSURE PIPE FOR NON-POTABLE WATER A. Fusible polyvinylchloride pipe shall conform to AWWA C900 or AWWA C905, and/or ASTM D2241 or ASTM D1785 for IPS standard dimensionality, if applicable. Testing shall be in accordance with AWWA standards for all pipe types. Section IV-a 02600-6 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set Pipe Nominal Minimum Bend Safe Pulling Description Diameter Diameter DR Radius (ft.) Force (Ibs.) 4" DR 18 DIPS 4 18 100 4,300 6" DR 18 DIPS 6 18 144 9,600 8" DR 18 DIPS 8 18 189 17,200 12" DR 18 12 18 275 38,400 DIPS B. Rework material shall be allowed per AWWA C900 and AWWA C905 standards. C. Fusible polyvinylchloride pipe shall be extruded with plain ends. The ends shall be square to the pipe and free of any bevel or chamfer. There shall be no bell or gasket of any kind incorporated into the pipe. D. Fusible polyvinylchloride pipe shall be manufactured in a standard 20', 30' or 40' nominal length. E. Fusible polyvinylchloride pipe shall be purple in color for reclaim, reuse, or other non-potable distribution or conveyance. Fusible polyvinylchloride pipe shall be white in color for raw water collection and transmission, or other non-potable resource or irrigation water uses. F. Pipe generally shall be marked per AWWA C900 or AWWA C905, and shall include as a minimum: 1. Nominal pipe size 2. PVC 3. Dimension Ratio, Standard Dimension Ratio or Schedule 4. AWWA pressure class or standard pressure rating for non-AWWA pipe 5. AWWA Standard designation number or pipe type for non-AWWA pipe 6. Extrusion production-record code 7. Trademark or trade name 8. Cell Classification 12454 and/or PVC material code 1120 may also be included 9. For reclaim water service, the wording: "Reclaimed Water, NOT for Potable Use" G. Pipe shall be homogeneous throughout and be free of visible cracks, holes, foreign material, blisters, or other visible deleterious faults. Section IV-a 02600-7 Chautauqua/Coachman Ridge Reclaimed Water Project 2.02 FUSION JOINTS Bid Set A. Unless otherwise specified, fusible polyvinylchloride pipe lengths shall be assembled in the field with butt-fused joints. The Contractor shall follow the pipe supplier's guidelines for this procedure. All fusion joints shall be completed as described in this specification. 2.03 CONNECTIONS AND FITTINGS FOR PRESSURE APPLICATIONS A. Connections shall be defined in conjunction with the coupling of project piping, as well as the tie-ins to other piping systems. B. DUCTILE IRON MECHANICAL AND FLANGED FITTINGS Refer to Paragraph 41.2.2.3 of Section IV -- Technical Specifications for acceptable ductile iron fittings. Connections to fusible polyvinylchloride pipe may be made using a restrained or non-restrained retainer gland product for PVC pipe, as well as for MJ or flanged fittings. 2. Bends, tees and other ductile iron fittings shall be restrained with the use of approved mechanical restraints or other means as indicated in the Contract Drawings. 3. Ductile iron fittings and glands must be installed per the manufacturer's guidelines. C. PVC GASKETED, PUSH-ON FITTINGS Acceptable fittings for use with fusible polyvinylchloride pipe shall include standard PVC pressure fittings conforming to AVWVA C900 or AWWA C905. 1. Acceptable fittings for use joining fusible polyvinylchloride pipe other sections of fusible polyvinylchloride pipe or other sections of PVC pipe shall include gasketed PVC, push-on type couplings and fittings, including bends, tees, and couplings as shown in the drawings. 2. Bends, tees and other PVC fittings shall be restrained with the use of approved mechanical restraints as indicated in the Contract Drawings. Section IV-a 02600-8 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 3. PVC gasketed, push-on fittings and mechanical restraints, if used, must be installed per the manufacturer's guidelines. D. FUSIBLE POLYVINYL CHLORIDE SWEEPS OR BENDS 1. Fusible polyvinyl chloride sweeps or bends shall conform to the same sizing convention, diameter, dimensional tolerances and pressure class of the pipe that they are joining together. 2. Fusible polyvinyl chloride sweeps or bends shall be manufactured from the same fusible polyvinyl chloride pipe being used for the installation, and shall have at least 2 feet of straight section on either end of the sweep or bend to allow for fusion of the sweep to the pipe installation. 3. Standard fusible polyvinyl chloride sweep or bend angles shall not be greater than 22.5 degrees, and shall be used in nominal diameters ranging from 4- through 16-inch. E. SLEEVE-TYPE COUPLINGS 1. Sleeve-type mechanical couplings shall be manufactured for use with PVC pressure pipe, and may be restrained or unrestrained as indicated in the construction documents. 2. Sleeve-type couplings shall be rated at the same or greater pressure carrying capacity as the pipe itself. F. EXPANSION AND FLEXIBLE COUPLINGS 1. Expansion-type mechanical couplings shall be manufactured for use with PVC pipe, and may be restrained or unrestrained as indicated in the construction documents. 2. Expansion-type mechanical couplings shall be rated at the same or greater pressure carrying capacity as the pipe itself. G. CONNECTION HARDWARE 1. Bolts and nuts for buried service shall be made of non-corrosive, high-strength, low-alloy steel having the characteristics specified in ANSI/AWWA C111/A21.11, regardless of any other protective coating. Section IV-a 02600-9 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 2.04 RECLAIMED WATER SERVICE CONNECTIONS A. All reclaimed water service lines two (2) inches in diameter and smaller shall be constructed of polyethylene (PE) tubing, DR9. B. All residential service connections 60 feet and less in length shall be 1- inch in diameter. All residential service connections greater than 60 feet in length shall be 2-inch diameter unless otherwise noted on the drawings. C. All long side service connections shall be cased. One electronically detectable 12 gauge solid copper tracer wire shall be installed with each long service. The service Tubing and Tracer Wire shall be installed inside the casing sleeve. D. Polyethylene extrusion compound from which the PE pipe and tubing are extruded shall comply with the applicable requirements for the Type III, Grade P34, Class C, PE 3408, very high molecular weight polyethylene plastic material, as specified in ASTM D1248, a cell classification of 345434C or 355434C as specified in ASTM D3350. E. Polyethylene tubing shall be SDR 9-200 PSI type CTSVOD (copper tubing size) or approved equal. The average outside diameter, minimum wall thickness and respective tolerances for any cross-section shall be as specified in ASTM D2737. F. Polyethylene reclaimed water service pipe or tubing shall be identified with solid purple coloring and shall be equal in every respect to PLEXCO PE3408 Industrial Piping or ENDOT Reclaimed Water Tubing. Other acceptable manufacturers include Vanguard Plastics and Orangeburg Industries. G. Environmental stress cracking resistance testing shall be performed in accordance with ASTM D1693, Condition C, and shall have no failures after 5000 hours duration. H. Tapping saddles, corporation stops, curb stops, tapping tees, and meter boxes shall be provided and installed by the Contractor for each service connection. Refer to the Contract Drawings for more details. The Contractor, after installing the sleeve and prior to making the tap, shall insure that the sleeve is providing a watertight joint by means of pressure testing with pressures in accordance with Paragraph 3.09 of this Section. If leaks are present, the Contractor is required to repair them to satisfaction of the Project Representative. Section IV-a 02600-10 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set PART 3 - EXECUTION 3.01 DELIVERY AND OFF-LOADING A. All pipes shall be bundled or packaged in such a manner as to provide adequate protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the Owner or Engineer. B. Each pipe shipment should be inspected prior to unloading to see if the load has shifted or otherwise been damaged. Notify Owner or Engineer immediately if more than immaterial damage is found. Each pipe shipment should be checked for quantity and proper pipe size, color and type. C. Pipe should be loaded, off-loaded, and otherwise handled in accordance with AWWA M23, and all of the pipe supplier's guidelines shall be followed. D. Off-loading devices such as chains, wire rope, chokers, or other pipe handling implements that may scratch, nick, cut, or gouge the pipe are strictly prohibited. E. During removal and handling, be sure that the pipe does not strike anything. Significant impact could cause damage, particularly during cold weather. F. If appropriate unloading equipment is not available, pipe may be unloaded by removing individual pieces. Care should be taken to insure that pipe is not dropped or damaged. Pipe should be carefully lowered, not dropped, from trucks. 3.02 HANDLING AND STORAGE A. Any length of pipe showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. Damaged areas, or possible areas of damage may be removed by cutting out and removing the suspected incident fracture area. Limits of the acceptable length of pipe shall be determined by the Owner or Engineer. B. Any scratch or gouge greater than 10% of the wall thickness will be considered significant and can be rejected unless determined acceptable by the Owner or Engineer. Section IV-a 02600-11 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set C. Pipe lengths should be stored and placed on level ground. Pipe should be stored at the job site in the unit packaging provided by the manufacturer. Caution should be exercised to avoid compression, damage, or deformation to the ends of the pipe. The interior of the pipe, as well as all end surfaces, should be kept free from dirt and foreign matter. D. Pipe shall be handled and supported with the use of woven fiber pipe slings or approved equal. Care shall be exercised when handling the pipe to not cut, gouge, scratch or otherwise abrade the piping in any way. E. If pipe is to be stored for periods of 1 year or longer, the pipe should be shaded or otherwise shielded from direct sunlight. Covering of the pipe which allows for temperature build-up is strictly prohibited. Pipe should be covered with an opaque material while permitting adequate air circulation above and around the pipe as required to prevent excess heat accumulation. F. Pipe shall be stored and stacked per the pipe supplier's guidelines. 3.03 FUSION PROCESS A. GENERAL 1. Fusible polyvinylchloride pipe will be handled in a safe and non- destructive manner before, during, and after the fusion process and in accordance with this specification and pipe supplier's guidelines. 2. Fusible polyvinylchloride pipe will be fused by qualified fusion technicians, as documented by the pipe supplier. 3. Each fusion joint shall be recorded and logged by an electronic monitoring device (data logger) affixed to the fusion machine. 4. Only appropriately sized and outfitted fusion machines that have been approved by the pipe supplier shall be used for the fusion process. Fusion machines must incorporate the following properties, including the following elements: a. Heat Plate - Heat plates shall be in good condition with no deep gouges or scratches. Plates shall be clean and free of any debris or contamination. Heater controls shall function properly, cord and plug shall be in good condition. The appropriately sized heat plate shall be capable of maintaining a uniform and consistent heat profile and Section IV-a 02600-12 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set temperature for the size of pipe being fused, per the pipe supplier's guidelines. b. Carriage - Carriage shall travel smoothly with no binding at less than 50 psi. Jaws shall be in good condition with proper inserts for the pipe size being fused. Insert pins shall be installed with no interference to carriage travel. C. General Machine - Overview of machine body shall yield no obvious defects, missing parts, or potential safety issues during fusion. d. Data Logging Device - The current version of the pipe supplier's recommended and compatible software shall be used. Datalogging device operations and maintenance manual shall be with the unit at all times. If fusing for extended periods of time, an independent 110V power source shall be available to extend battery life. 5. Other equipment specifically required for the fusion process shall include the following: a. Pipe rollers shall be used for support of pipe to either side of the machine. b. A weather protection canopy that allows full machine motion of the heat plate, fusion assembly and carriage shall be provided for fusion in inclement and /or windy weather. C. Fusion machine operations and maintenance manual shall be kept with the fusion machine at all times. d. Facing blades specifically designed for cutting fusible polyvinylchloride pipe shall be used. B. JOINT RECORDING Each fusion joint shall be recorded and logged by an electronic monitoring device (data logger) connected to the fusion machine. The fusion data logging and joint report shall be generated by software developed specifically for the butt-fusion of thermoplastic pipe. The software shall register and/or record the parameters required by the pipe supplier and these specifications. Data not logged by the data logger shall be logged manually and be included in the Fusion Technician's joint report. The report shall be submitted to the owner's authorized Project Representative on a weekly basis. Section IV-a 02600-13 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set 3.05 PREPARATION PRIOR TO MAKING CONNECTIONS INTO EXISTING PIPING SYSTEMS A. Approximate locations for existing piping systems are shown in the construction documents. Prior to making connections into existing piping systems, the Contractor shall: 1. Field verify location, size, piping material and piping system of the existing pipe. 2. Obtain all required fittings, which may include saddles, sleeve type couplings, flanges, tees, or others as shown in the construction documents. 3. Have installed all temporary pumps and/or pipes in accordance with established connection plans. B. Unless otherwise approved, new piping systems shall be completely assembled and successfully tested prior to making connections into existing pipe systems. 3.06 PIPE SYSTEM CONNECTIONS A. Pipe connections shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines and as indicated in the construction documents. Pipe connections to structures shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines. 3.07 TAPPING FOR POTABLE AND NON-POTABLE WATER APPLICATIONS A. Tapping shall be performed using standard tapping saddles designed for use on PVC piping in accordance with AWWA C605. Tapping shall be performed only with use of tap saddles or sleeves. NO DIRECT TAPPING WILL BE PERMITTED. Tapping shall be performed in accordance with the applicable sections for Saddle Tapping per Uni-Pub-B. B. All connections requiring a larger diameter than that recommended by the pipe supplier, shall be made with a pipe connection as specified and indicated on the drawings. C. Equipment used for tapping shall be made specifically for tapping PVC pipe: Section IV-a 02600-14 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1. Tapping bits shall be slotted "shell" style cutters, specifically made for PVC pipe. 'Hole saws' made for cutting wood, steel, ductile iron, or other materials are strictly prohibited. 2. Manually operated or power operated drilling machines may be used. D. Taps may be performed while the pipeline is filled with water and under pressure ('wet' tap), or when the pipeline is not filled with water and not under pressure ('dry' tap). 3.08 PIGGING, FLUSHING AND CLEANING A. All mains shall be pigged, cleaned and flushed to remove all sand and other foreign matter. The Contractor shall be responsible for developing a pigging and flushing plan to be submitted to the Engineer for approval prior to pigging and flushing. The Contractor shall dispose of all water used pigging and for flushing without causing a nuisance or property damage. Any permits required for the disposal of flushing water shall be the responsibility of the Contractor. 3.09 TESTING A. This Section supersedes Specification Section IV.41.4.1. B. Testing shall comply with all applicable jurisdictional building codes, statutes, standards, regulations and laws. C. Pressure Testing: 1. The Contractor shall backfill all pipe and thrust blocking before pressure testing unless the Project Representative directs certain joints or connections left uncovered. Where thrust blocking is provided the pressure test shall not be made until at least five (5) days after the thrust blocking has been installed. A high early strength concrete may be used to reduce this time. 2. All newly laid pipe, including fitting and valves shall be pressure tested in accordance with AWWA C-605. The duration of each such test will be at least two hours. 3. Each valved section of pipe shall be slowly filled with water and a pump shall be hooked to the pipe in a manner satisfactory to the Project Representative to supply the test pressure of 150 psi. The pump, pipe connection and all necessary apparatus shall be Section IV-a 02600-15 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set furnished by the Contractor. The gauges used shall be furnished by the Contractor. The Contractor shall, upon request of the Project Representative, furnish to the Utilities Department certified test data for pressure gauges used for pressure testing. 4. Before applying the specified test pressure, all air shall be expelled from the pipe. Permanent air relief valves shall be located as shown on the plans. If air relief valves are not furnished the Contractor shall install corporation cocks for this purpose. 5. All exposed pipe, fittings, valves, joints and appurtenances shall be carefully examined during the open-trench test. Any cracked or defective pipe, fittings, valves or appurtenances discovered in consequence of this test shall be removed and replaced with acceptable material and the test shall be repeated to the satisfaction of the Project Representative. D. Leakage Test: 1. A leakage test shall be conducted after the pressure test has been satisfactorily completed. The Contractor shall, as before, furnish all pumps, pipe, connections and other items required to satisfactorily complete the leakage test. The leakage test shall have a duration of two hours at the pressure specified for the pressure test. No pipe installation will be accepted if the leakage is greater than that determined by the formula for mechanical and push-on joints: SDP"2 L= Allowable leakage [gph] L= ---------- S= Length of pipe tested [feet] 148,000 D= Nominal diameter of pipe [inches] P= Average pressure during test [psig] 2. The Project Representative, or his duly authorized representative, shall witness these tests. The Contractor shall be responsible for finding and repairing leaks. No additional cost may be incurred by the Owner due to repairs because of failure of either test. The Project Representative has the authority to determine the number of repairs that will be made within a given length of pipe and has the right to request the Contractor to remove and relay a section of pipe if such does not comply with the established leakage rates as shown in the following table: Section IV-a 02600-16 Chautauqua/Coachman Ridge Reclaimed Water Project ALLOWABLE LEAKAGE IN GALLONS PER HOUR (Test Pressure = 150 psi) Pipe diameter Leakage per 1,000 feet 2 0.18 4 0.33 6 0.50 8 0.66 10 0.83 12 0.99 16 1.32 Bid Set E. Notice of Test: The Contractor shall give the Owner 48 hours advance notice of the time when the installation is ready for hydrostatic testing. END OF SECTION Section IV-a 02600-17 Chautauqua/Coachman Ridge Reclaimed Water Project SECTION 02610 CERTA-LOCK PVC PIPE PART 1 -- GENERAL 1.01 WORK INCLUDED Bid Set A. This section supersedes Specification Section IV.41.2.2.2. It specifies Certa-Lok polyvinylchloride pipe, including standards for dimensionality, testing, quality, safe handling, and storage. B. Furnish all labor, materials and equipment required to install 4", 6", 8", and 12" Certa-Lok C900/RJ PVC reclaimed water mains pipe in accordance with the requirements of the Contract Documents. The pipe size, type and length shall be as specified herein and as shown on the Drawings. Work shall include and not be limited to proper installation, testing, restoration of underground utilities and environmental protection and restoration. 1.02 SCOPE A. This specification covers thrust-restrained Poly-Vinyl Chloride (PVC) pipe, in nominal sizes 4" to12" with cast iron outside diameters. Pipe is included for use as a pressure-rated water delivery system, reclaim water system, as well as in sewer force main and fire protection piping applications. B. Contractor shall be responsible for all installation processes and procedures associated with the installation by horizontal directional drilling in accordance with Specification Section 02071, by jack and bore in accordance with Specification Section 02155, or by open-cut in accordance with Specification Section IV.41.3.2.2. 1.03 REFERENCE DOCUMENTS A. American Society for Testing Materials (ASTM) 1. ASTM D1784: Standard for Rigid PVC Compounds and Chlorinated PVC Compounds ASTM D2837: Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials 2. ASTM D3139: Standard Specification for Joints for Plastic Pipes Using Flexible Elastomeric Seals Section IV-a 02610-1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 3. ASTM F477: Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe B. American Water Works Association (AWWA) 1. AWWA C900: Standard for PVC Pressure Pipe Fabricated Fittings, 4" Through 12", for Water Distribution 1.04 REQUIREMENTS A. GENERAL 1. Products delivered under this specification shall be manufactured only from water distribution pipe and couplings conforming to AWWA C900/C905. The restrained joint pipe shall also meet all short and long term pressure test requirements AWWA C900/C905. Pipe, couplings, and all locking spline components used thereon shall be completely non-metallic to eliminate corrosion problems. B. MATERIALS 1. Pipe and couplings shall be made from unplasticized PVC compounds having a minimum cell classification of 12454, as defined in ASTM D1784. The compound shall qualify for a Hydrostatic Design Basis (HDB) of 4000 psi for water at 73.4 Degrees F, in accordance with the requirements of ASTM D2837. C. APPROVALS 1. Restrained joint pipe products shall been tested and approved by an independent third-party laboratory for continuous use at rated pressure. Copies of Agency approval reports or product listing shall be provided to the Engineer. Products intended for contact with potable water shall be evaluated, tested, and certified for conformance with NSF Standard 61 by an acceptable certifying organization. D. DIMENSIONS 1. Nominal outside diameters and wall thicknesses of thrust-restrained pipe shall conform to the requirements of AWWA C900. Thrust- restrained pipe shall be furnished in sizes 4", 6", 8", 10", and 12", Class 150 and Class 200. Pipe shall be furnished in standard lengths of 20 feet. Section IV-a 02610-2 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 2. Dimensions of the pipe thrust restraint grooves shall be in accordance with manufacturer's specifications. E. JOINTS 1. The pipe shall be joined using non-metallic couplings which, together, have been designed as an integral system for maximum reliability and interchangeability. High-strength flexible thermoplastic splines shall be inserted into matting precision- machined groves in the pipe and coupling to provide full 360 degree restraint with evenly distributed loading. 2. Couplings shall be designed for use at the rated pressure of the pipe with which they are utilized, and shall incorporate twin elastomeric sealing gaskets meeting the requirements of ASTM F477. Joints shall be designed to meet the leakage test requirements of ASTM D3139. F. QUALITY CONTROL 1. Every pipe and machined coupling shall pass AWWA C605 hydrostatic proof test requirements. G. MARKING 1. Pipe shall be legibly and permanently marked in ink with the following information. a. Manufacturer and Trade Name b. Nominal Size & DR Rating/Pressure Class C. Hydrostatic Proof Test Pressure d. (NSF-61) e. Manufacturing Date Code 2. Pipe and couplings shall also bear the mark of the certifying agency(s) which have tested and approved the product for use in fire protection applications. H. WORKMANSHIP 1. As defined in AWWA C900, pipe and couplings shall be homogeneous throughout and free from voids, cracks, inclusions, and other defects, and shall be as uniform as commercially practicable in color, density, and other physical characteristics. Section IV-a 02610.3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set No cross connection between the reclaimed water system and the potable water system shall be allowed. At all locations where reclaimed water service is provided, the public potable water supply shall be protected by installation of an approved backflow prevention device. J. WARRANTY 1. The pipe shall be warranted for one year after substantial completion per the pipe supplier's standard terms. 1.05 SUGGESTED SOURCE OF SUPPLY A. Restrained Joint PVC Pipe shall be CertainTeed's Certa-Lok C900/RJ System, or approved equal. 1.06 SUBMITTALS A. In general, shop drawings and related manufacturer's product certification shall be made in accordance with Paragraph 6.11.1 of Section III - General Conditions of the Contract Documents for approval prior to construction or fabrication of the material by the manufacturer. B. The following PRODUCT DATA is required from the pipe/fittings supplier: 1. Pipe Size 2. Dimensionality 3. Pressure Class per applicable standard 4. Color 5. Recommended Minimum Bending Radius 6. Recommended Maximum Safe Pull Force 7. Pipe and installation services warranty information. 8. Written procedural documentation for piping products including proper handling and storage, installation, tapping, and testing. 1.07 SEPARATION OF RECLAIMED WATER, POTABLE WATER, AND WASTEWATER LINES A. Wherever practical, reclaimed water mains should be installed on the opposite side of the street from potable water mains. A minimum horizontal separation of 5 feet (center to center) or 3 feet (outside to outside) shall be maintained between reclaimed water mains and potable water mains, sanitary sewers, or sanitary force mains. Where a reclaimed water main crosses a potable water main, sanitary sewer, or sanitary force main, a minimum of 18 inches vertical clearance shall be maintained. Where 18 inches of vertical clearance cannot be maintained, the crossing shall be arranged so that the joints of the two pipes are equidistant from Section IV-a 02610-4 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set the point of crossing with no less than 10 feet between any two joints. Alternatively, the reclaimed water main may be placed in a casing to obtain the equivalent of the required 10-feet separation. 1.08 SYSTEM IDENTIFICATION A. All reclaimed water piping and appurtenances shall be clearly identified to inform the public and employees that the water is not intended for drinking. B. The following features shall be included in the design of reclaimed water facilities: 1. All buried reclaimed water transmission and distribution piping shall be color coded purple. For PVC mains, color shall be an integral part of the pipe material. 2. All above ground valves, meters, and other devices, and other appurtenances shall be painted purple. The color standard for paint shall be Pantone color 522C with light color stableant or approved equal. 3. Tracer Wire: See Section 15065. 4. Covers for all valve boxes, meter boxes, and other below ground devices on the reclaimed water system shall be painted purple. Covers shall be permanently embossed with the wording "Reclaimed Water, Do Not Drink" in English and in Spanish "No Beber", and should have the International "Do Not Drink" symbol embossed on the cover. Valve boxes shall be square, U.S. Foundry or approved equal. PART 2 - PRODUCTS 2.01 CERTA-LOK POLYVINYL CHLORIDE (PVC) PIPE A. The pipe material to be used shall meet AWWA 0900 standards for Polyvinyl Chloride pressure pipe and fittings with a dimension ratio DR18 or DR14. All other pipe shall have the written approval of the ENGINEER and meet all submittal review as an optional approved product. The pipe shall be designated as Certa-Lok C900/RJ as manufactured by CertainTeed Corporation. B. The pipe shall be joined using separate PVC coupling with beveled edges, built-in sealing gaskets and restraining grooves. The Section IV-a 02610-5 Chautauqua/Coachman Ridge Reclaimed Water Prolect Bid Set restraining splines shall be square or rectangular, and made from Nylon 101. C. Exposed splines shall be cut flush to coupling to reduce soil drag. D. Couplings shall be beveled on leading edges to minimize soil friction. E. CONTRACTOR shall adhere to the pipe manufacturer's most current calculations regarding tensile load limitations for trenchless application. This calculation shall be part of the required submittal (see chart below). Pipe Coupling Maximum Maximum Pull- Size SDR Class O D O D Pull-In Force In Force (inch) . . (inch) . . (inch) Tightest Straight Pull Bending No Bending) 4 18 150psi 4.80 5.964 6,700 lbs. 8,200 lbs. 6 18 150 psi 6.90 8.366 9,000 lbs. 12,800 lbs. 8 18 150 psi 9.05 10.947 18,0001bs. 25,200 lbs. 12 18 150 psi 13.20 15.836 26,440 lbs. 41,100 lbs. F. CONTRACTOR shall adhere to the pipe manufacturer's most current recommendations regarding radius of curvature for Certa-Lok C900/RJ pipe used for trenchless application. This calculation of each bore shall be part of the required submittal prior to work. Pipe Diameter inch Min. Radius of Curvature ft. Offset per 20. Length ft. Deflection per 20. Length 4 100 24 11.5 Degrees 6 150 16 7.6 Degrees 8 200 12 5.7 Degrees 12 300 8 3.8 Degrees 2.02 RECLAIMED WATER SERVICE CONNECTIONS A. All reclaimed water service lines two (2) inches in diameter and smaller shall be constructed of polyethylene (PE) tubing, DR9. B. All residential service connections 60 feet and less in length shall be 1- inch in diameter. All residential service connections greater than 60 feet in length shall be 2-inch diameter unless otherwise noted on the drawings. C. All long side service connections shall be cased. One electronically detectable 12 gauge solid copper tracer wire shall be installed with each long service. The service Tubing and Tracer Wire shall be installed inside the casing sleeve. Section IV-a 02610-6 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set D. Polyethylene extrusion compound from which the PE pipe and tubing are extruded shall comply with the applicable requirements for the Type III, Grade P34, Class C, PE 3408, very high molecular weight polyethylene plastic material, as specified in ASTM D1248, a cell classification of 345434C or 355434C as specified in ASTM D3350. E. Polyethylene tubing shall be SDR 9-200 PSI type CTSVOD (copper tubing size) or approved equal. The average outside diameter, minimum wall thickness and respective tolerances for any cross-section shall be as specified in ASTM D2737. F. Polyethylene reclaimed water service pipe or tubing shall be identified with solid purple coloring and shall be equal in every respect to PLEXCO PE3408 Industrial Piping or ENDOT Reclaimed Water Tubing. Other acceptable manufacturers include Vanguard Plastics and Orangeburg Industries. G. Environmental stress cracking resistance testing shall be performed in accordance with ASTM D1693, Condition C, and shall have no failures after 5000 hours duration. H. Tapping saddles, corporation stops, curb stops, tapping tees, and meter boxes shall be provided and installed by the Contractor for each service connection. Refer to the Contract Drawings for more details. The Contractor, after installing the sleeve and prior to making the tap, shall insure that the sleeve is providing a watertight joint by means of pressure testing with pressures in accordance with Part 3.05 of this Section. If leaks are present, the Contractor is required to repair them to satisfaction of the Project Representative. PART 3 - EXECUTION 3.01 DELIVERY AND OFF-LOADING A. All pipes shall be bundled or packaged in such a manner as to provide adequate protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the Owner or Engineer. B. Each pipe shipment should be inspected prior to unloading to see if the load has shifted or otherwise been damaged. Notify Owner or Engineer immediately if more than immaterial damage is found. Each pipe shipment should be checked for quantity and proper pipe size, color and type. Section IV-a 02610-7 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set C. Pipe should be loaded, off-loaded, and otherwise handled in accordance with AWWA M23, and all of the pipe supplier's guidelines shall be followed. D. Off-loading devices such as chains, wire rope, chokers, or other pipe handling implements that may scratch, nick, cut, or gouge the pipe are strictly prohibited. E. During removal and handling, be. sure that the pipe does not strike anything. Significant impact could cause damage, particularly during cold weather. F. If appropriate unloading equipment is not available, pipe may be unloaded by removing individual pieces. Care should be taken to insure that pipe is not dropped or damaged. Pipe should be carefully lowered, not dropped, from trucks. 3.02 HANDLING AND STORAGE A. Any length of pipe showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. Damaged areas, or possible areas of damage may be removed by cutting out and removing the suspected incident fracture area. Limits of the acceptable length of pipe shall be determined by the Owner or Engineer. B. Any scratch or gouge greater than 10% of the wall thickness will be considered significant and can be rejected unless determined acceptable by the Owner or Engineer. C. Pipe lengths should be stored and placed on level ground. Pipe should be stored at the job site in the unit packaging provided by the manufacturer. Caution should be exercised to avoid compression, damage, or deformation to the ends of the pipe. The interior of the pipe, as well as all end surfaces, should be kept free from dirt and foreign matter. D. Pipe shall be handled. and supported with the use of woven fiber pipe slings or approved equal. Care shall be exercised when handling the pipe to not cut, gouge, scratch or otherwise abrade the piping in any way. E. If pipe is to be stored for periods of 1 year or longer, the pipe should be shaded or otherwise shielded from direct sunlight. Covering of the pipe which allows for temperature build-up is strictly prohibited. Pipe should be covered with an opaque material while permitting adequate air circulation above and around the pipe as required to prevent excess heat accumulation. Section IV-a 02610-8 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set F. Pipe shall be stored and stacked per the pipe supplier's guidelines. 3.03 PREPARATION PRIOR TO MAKING CONNECTIONS INTO EXISTING PIPING SYSTEMS A. Approximate locations for existing piping systems are shown in the construction documents. Prior to making connections into existing piping systems, the Contractor shall: 1. Field verify location, size, piping material and piping system of the existing pipe. 2. Obtain all required fittings, which may include saddles, sleeve type couplings, flanges, tees, or others as shown in the construction documents. 3. Have installed all temporary pumps and/or pipes in accordance with established connection plans. B. Unless otherwise approved, new piping systems shall be completely assembled and successfully tested prior to making connections into existing pipe systems. 3.04 PIPE SYSTEM CONNECTIONS A. Pipe connections shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines and as indicated in the Construction Documents. Pipe connections to structures shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines. 3.05 TAPPING FOR POTABLE AND NON-POTABLE WATER APPLICATIONS A. Tapping shall be performed using standard tapping saddles designed for use on PVC piping in accordance with AWWA C605. Tapping shall be performed only with use of tap saddles or sleeves. NO DIRECT TAPPING WILL BE PERMITTED. Tapping shall be performed in accordance with the applicable sections for Saddle Tapping per Uni-Pub-S. B. All connections requiring a larger diameter than that recommended by the pipe supplier, shall be made with a pipe connection as specified and indicated on the drawings. C. Equipment used for tapping shall be made specifically for tapping PVC pipe: Section IV-a 02610-9 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1. Tapping bits shall be slotted "shell" style cutters, specifically made for PVC pipe. 'Hole saws' made for cutting wood, steel, ductile iron, or other materials are strictly prohibited. 2. Manually operated or power operated drilling machines may be used. D. Taps may be performed while the pipeline is filled with water and under pressure ('wet' tap), or when the pipeline is not filled with water and not under pressure ('dry' tap). 3.06 PIGGING, FLUSHING AND CLEANING A. All mains shall be pigged, cleaned and flushed to remove all sand and other foreign matter. The Contractor shall be responsible for developing a pigging and flushing plan to be submitted to the Engineer for approval prior to pigging and flushing. The Contractor shall dispose of all water used pigging and for flushing without causing a nuisance or property damage. Any permits required for the disposal of flushing water shall be the responsibility of the Contractor. 3.07 TESTING A. This Section supersedes Specification Section IV.41.4.1. B. Testing shall comply with all applicable jurisdictional building codes, statutes, standards, regulations and laws. C. Pressure Testing 1. The Contractor shall backfill all pipe and thrust blocking before pressure testing unless the Project Representative directs certain joints or connections left uncovered. Where thrust blocking is provided the pressure test shall not be made until at least five (5) days after the thrust blocking has been installed. A high early strength concrete may be used to reduce this time. 2. All newly laid pipe, including fitting and valves shall be pressure tested in accordance with AWWA C-605. The duration of each such test will be at least two hours. 3. Each valved section of pipe shall be slowly filled with water and a pump shall be hooked to the pipe in a manner satisfactory to the Project Representative to supply the test pressure of 150 psi. The pump, pipe connection and all necessary apparatus shall be Section IV-a 02610-10 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set furnished by the Contractor. The gauges used shall be furnished by the Contractor. The Contractor shall, upon request of the Project Representative, furnish to the Utilities Department certified test data for pressure gauges used for pressure testing. 4. Before applying the specified test pressure, all air shall be expelled from the pipe. Permanent air relief valves shall be located as shown on the plans. If air relief valves are not furnished the Contractor shall install corporation cocks for this purpose. 5. All exposed pipe, fittings, valves, joints and appurtenances shall be carefully examined during the open-trench test. Any cracked or defective pipe, fittings, valves or appurtenances discovered in consequence of this test shall be removed and replaced with acceptable material and the test shall be repeated to the satisfaction of the Project Representative. D. Leakage Test 1. A leakage test shall be conducted after the pressure test has been satisfactorily completed. The Contractor shall, as before, furnish all pumps, pipe, connections and other items required to satisfactorily complete the leakage test. The leakage test shall have a duration of two hours at the pressure specified for the pressure test. No pipe installation will be accepted if the leakage is greater than that determined by the formula for mechanical and push-on joints: SDPvz L= Allowable leakage [gph] L= ---------- S= Length of pipe tested [feet] 148,000 D= Nominal diameter of pipe [inches] P= Average pressure during test [psig] 2. The Owner, or his duly authorized Project Representative, shall witness these tests. The Contractor shall be responsible for finding and repairing leaks. No additional cost may be incurred by the Owner due to repairs because of failure of either test. The Project Representative has the authority to determine the number of repairs that will be made within a given length of pipe and has the right to request the Contractor to remove and relay a section of pipe if such does not comply with the established leakage rates as shown in the following table: Section IV-a 02610-11 Chautauqua/Coachman Ridge Reclaimed Water Proiect ALLOWABLE LEAKAGE IN GALLONS PER HOUR (Test Pressure = 150 psi) Moe diameter Leakage per 1,000 feet 2 0.18 4 0.33 6 0.50 8 0.66 10 0.83 12 0.99 16 1.32 Bid Set E. The manufacturer's recommendations on bend radius and tensile strength shall be observed. F. All service lines on the new mains shall also be tested along with the new mains. G. Notice of Test: The Contractor shall give the Owner 48 hours advance notice of the time when the installation is ready for hydrostatic testing. END OF SECTION Section IV-a 02610-12 Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 15062 DUCTILE IRON PIPE AND FITTINGS PART 1 - GENERAL 1.01 SCOPE OF WORK Bid Set A. Install within the project site all materials and incidentals including flanged joint, mechanical joint, push-on joint, and restrained joint ductile iron pipe and/or ductile iron restrained, flanged, or mechanical joint fittings for reclaimed water and potable water mains, sewage force mains and sewer fittings, complete, as shown on the project drawings. B. The Contractor shall coordinate all deliveries with the related Vendor(s) in a manner not to impede construction on individual projects. 1.02 SUBMITTALS A. The Contractor shall transmit (from the related Vendor) for submittal to the Engineer, within ten days after receipt of individual Notice to Proceed, a list of materials to be furnished, the names of the suppliers and the appropriate shop drawings for all ductile iron pipe and fittings. B. All ductile iron pipe and fittings to be installed under this Contract shall be inspected and tested at the foundry as required by the standard specifications to which the material is manufactured. Furnish in duplicate to the Engineer sworn certificates of such tests and their results. In addition, all ductile iron pipe and fittings to be furnished under this Contract may be inspected at the foundry for compliance with these Specifications by an independent testing laboratory selected by the Owner. The manufacturer's cooperation shall be required in these inspections. The cost of foundry inspection of all pipe approved for this Contract, plus the cost of inspection of a reasonable amount of the disapproved pipe, will be borne by the Vendor. C. Shop Drawings including layout drawings shall be prepared in accordance with Paragraph 6.11.1 of Section III - General Conditions of the Contract Documents and submitted to the Engineer for approval and shall include dimensioning, methods and locations of supports and all other pertinent technical specifications for all piping to be furnished. D. The Contractor shall transmit from the Vendor to the Engineer, the pipe manufacturer's certification of compliance with the applicable sections of the Specifications. Section IV-a 15062-1 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set E. The Contractor shall coordinate all submittals with the related Vendor in a manner not to impede construction on individual projects. 1.03 SEPARATION OF RECLAIMED WATER, POTABLE WATER, AND WASTEWATER LINES A. Wherever practical, reclaimed water mains should be installed on the opposite side of the street from potable water mains. A minimum horizontal separation of 5 feet (center to center) or 3 feet (outside to outside) shall be maintained between reclaimed water mains and potable water mains, sanitary sewers, or sanitary force mains. Where a reclaimed water main crosses a potable water main, sanitary sewer, or sanitary force main, a minimum of 18 inches vertical clearance shall be maintained. Where 18 inches of vertical clearance cannot be maintained, the crossing shall be arranged so that the joints of the two pipes are equidistant from the point of crossing with no less than 10 feet between any two joints. Alternatively, the reclaimed water main may be placed in a casing to obtain the equivalent of the required 10-feet separation. 1.04 SYSTEM IDENTIFICATION A. All reclaimed water piping and appurtenances shall be clearly identified to inform the public and employees that the water is not intended for drinking. B. The following features shall be included in the design of reclaimed water facilities: 1. All buried reclaimed water transmission and distribution piping shall be color coded purple. For PVC mains, color shall be an integral part of the pipe material. 2. All above ground valves, meters, and other devices, and other appurtenances shall be painted purple. The color standard for paint shall be Pantone color 522C with light color stableant or approved equal. 3. Covers for all valve boxes, meter boxes, and other below ground devices on the reclaimed water system shall be painted purple. Covers shall be permanently embossed with the wording "Reclaimed Water, Do Not Drink" in English and in Spanish "No Beber", and should have the International "Do Not Drink" symbol embossed on the cover. Valve boxes shall be square, U.S. Foundry or approved equal. Section IV-a 15062-2 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1.05 WARRANTY 1. The pipe shall be warranted for one year after substantial completion per the pipe supplier's standard terms. PART 2 - PRODUCTS 2.01 MATERIALS A. DUCTILE IRON PIPE 1. General a. Ductile iron pipe shall be minimum thickness class 50 or greater as required by load conditions or as called out on the plans conforming to AWWA C150 and ANSI A21.50. b. All pipe shall conform to AWWA C151.76 (ANSI A21.51-76 or latest revision thereof). Pipe shall be furnished in standard 18 or 20-foot lengths. All pipe shall have standard bituminous enamel coating outside and shall have an internal cement-mortar lining in accordance with ANSI A21.4 (AWWA C104), for potable or reclaimed water. For sewage pipe, internal coating shall be ceramic epoxy, Protecto 401 or equal. C. All materials shall be new and have a manufacturer's certificate verifying compliance to all tests and inspections as required herein. The weight, class and casting period shall be shown on each piece of pipe. The manufacturer's "mark", the year produced and the word "Ductile" or letters "DI" shall be cast or stamped on all pipe. All fittings, furnished by the approved manufacturer(s), shall be cast and machined at one foundry location to assure quality control and provide satisfactory test data. d. All tests as required by AWWA C151-76 shall be performed by the manufacturer and records of all such tests shall be retained for a period of one year and shall be available to the Owner upon request. e. All pipe shall be installed according to the manufacturer's requirements with lubricants, gaskets and accessories furnished by the manufacturer. Section IV-a 15062-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set f. Restrained joint shall be provided at all horizontal and vertical bends and fittings, and at other locations indicated by the ductile iron pipe restraint detail on the drawings. Restraining devices shall be Megalug by EBBa Iron, or approved equal. g. Except as otherwise shown on the Drawings, either mechanical, restrained, or flanged joints shall be used. Prior to commencing work, jointing systems for pipe shall be submitted to the Engineer for approval. h. All burial ductile iron pipe and fittings shall be provided with a minimum 8 mil thick cross laminated low density polyethylene encasement per ANSI/AWWA A21.5-99. The polyethylene material shall meet the requirements for tensile strength, elongation, and dielectric strength for a cross laminated low density polyethylene. Polyethylene encasement shall be either: 1) Solid purple color for reclaimed water piping and fittings, or 2) Solid blue color for potable water piping and fittings, or 3) Solid green color for sewage piping and fittings. Pipe and fittings exposed to view in the finished work to be painted shall not receive the standard tar or asphalt coat on the outside surfaces but shall be shop primed on the outside with one coat of Koppers No. 621 Rust Inhibitive Primer or approved equal. All other pipe and fittings shall be shop coated on the outside with a 1.0 mils thick bituminous coat in accordance with ANSI A21.51. j. Should portions of the pipe inadvertently be given the outside coating of coal tar enamel instead of the rust inhibitive primer as required for exposed piping the surfaces shall be sealed with a non-bleeding sealer coat such as Inertol Tar Stop, or Mobil Anti-Bleeding Aluminum Sealer. Sealing shall be a part of the work of this Section. 2. PUSH-ON JOINT a. Push-on joints shall conform with the latest revision of ANSI/AWWA C111/A21.11. b. Joint material shall be made up with rubber gaskets conforming to ANSI standard A21.11. Section IV-a 15062-4 Chautauqua/Coachman Ridge Reclaimed Water Project 3. MECHANICAL JOINT Bid Set a. Mechanical joints shall conform with the latest revision of ANSI/AWWA C110/A21. b. Joint material shall be made up with rubber gaskets conforming to ANSI Standard A21.11. Glands for mechanical joint pipe shall be bituminous coated and bolts and nuts shall be of high strength cast iron, or high strength low alloy steel as specified in ANSI Standard A21.11. C. Align bolt holes and insert bolts, with bolt heads behind the bell flange, and tighten opposite nuts to keep the gland square with the socket. Tighten the nuts in accordance with following table: Bolt Diameter Torque in ft-lb 5/8 45-60 3/4 75-90 1 85-100 1-1/4 105-120 4. FLANGED JOINT a. Flanged joints shall conform with the latest revision of ANSI/AWWA C110/A21. b. Flanged connections shall comply with the requirements of ANSI Standard B16.1, 125 pound class. Flanges for ductile iron pipe shall be of ductile iron. Machine bolts shall be the best commercial quality steel with hexagonal nuts of the same quality metal. Nuts, bolts and gaskets for flanged fittings and blind flanges shall be designed to withstand the design and test pressures for the pipe. C. Gaskets shall be 1/8" thick red rubber, flat ring gaskets unless otherwise specified on the drawings. d. Bolts and nuts shall be low carbon steel as per ASTM A- 307 Grade B. Threads shall be as per ANSI 131.1 course thread series, Class 2A external and Class 2B internal. e. Bolt requirements are as follows: Section IV-a 15062-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set PIPE SIZE NUMBER PER BOLT SIZE THREADS TORQUE [IN] JOINT [IN] PER INCH FT-LBS 4 8 5/8 x 3 11 60 6 8 3/4 x 3-1/2 10 100 8 8 3/4 x 3-1/2 10 100 10 12 7/8 x 4 9 160 12 12 7/8 x 4 9 160 16 16 1 x 4-1/2 8 245 20 20 1-1/8 x 3 7 390 24 20 1-1/4 x 5-1/2 7 545 30 28 1-1 /4 x 6-1/2 7 545 36 32 1-1/2 x 7 6 875 42 36 1-1 /2 x 7-1/2 6 875 48 44 1-1/2 x 8 6 875 54 44 1-3/4 x 8-1/2 5 1550 B. DUCTILE IRON/CAST IRON FITTINGS: All fittings shall be new. Previously used or refurbished fittings will not be allowed. 1. DUCTILE IRON FITTINGS a. Shall be as specified in Paragraph 41.2.2.3 of Section IV - Technical Specifications of the Contract Documents. b. All fittings shall be furnished with all joint material (bolts, nuts, gaskets and glands) complete, ready for installation. Nuts, bolts and gaskets for flange fittings and blind flanges shall be designed to withstand the design and test pressures for the pipe. C. All fittings shall have distinctly cast upon them the manufacturer's identification, pressure rating, nominal diameter and the number of degrees or fraction of a circle on all bends. Ductile iron fittings shall have the letters "DI" or "DUCTILE" cast on them. Only castings that have been poured in a foundry located in the USA will be allowed and the Contractor shall provide an affidavit to prove the origin of those fittings. 2. CAST IRON FITTINGS: Shall comply with same standards as ductile iron fittings. Cast iron fittings may be interchanged with ductile iron but paid under ductile iron weight. Section IV-a 15062-6 Chautauqua/Coachman Ridge Reclaimed Water Prolect Bid Set PART 3 - EXECUTION 3.01 HANDLING PIPE AND FITTINGS A. Care shall be taken in loading, transporting, and unloading to prevent injury to the pipe or coatings. Pipe or fittings shall not be dropped. All pipe or fittings shall be examined before installation, and no piece shall be installed which is found to be defective. Any damage to the pipe coatings shall be repaired as directed by the Engineer. B. All pipe and fittings shall be subjected to a careful inspection and hammer test just prior to being installed. C. If any defective pipe is discovered after it has been laid, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional expense to the Owner. 3.02 UNDERGROUND PIPE INSTALLATION A. Alignment and Grade: The pipelines shall be laid and maintained to lines and grades established by the Drawings and Specifications, with fittings, valves and hydrants at the required locations unless otherwise approved by the Engineer. Valve-operating stems shall be oriented to allow proper operation. Hydrants shall be installed plumb. B. Underground Conflicts: Prior to excavation, investigation shall be made to the extent necessary to determine the location of existing underground structures and conflicts. Care shall be exercised to avoid damage to existing structures. When obstructions that are not shown on the drawings are encountered during the progress of the work and interfere so that an alteration of the Drawings is required, the Engineer will alter the Drawings or order a deviation in line and grade or arrange for removal, relocation, or reconstruction of the obstructions. When crossing existing pipelines or other structures, alignment and grade shall be adjusted as necessary, with the approval of the Engineer, to provide clearance as required by federal, state, or local regulations or as deemed necessary by the Engineer to prevent future damage or contamination of either structure. C. Trench Construction: 1. Trench preparation shall proceed in advance of pipe installation for only as far as necessary to allow proper pipe installation. The width of the trench at the top of the pipe shall be ample to permit the pipe to be laid and joined properly and allow the backfill to be placed as specified. Section IV-a 15062-7 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 2. Hales for the bells shall be provided at each joint but shall not be larger than necessary for joint assembly and assurance that the pipe barrel will lie flat on the trench bottom. Other than noted previously, the trench bottom shall be true and even in order to provide support for the full length of the pipe barrel, except that slight depression may be provided to allow withdrawal of pipe slings or other lifting-tackle. 3. When excavation of rock is encountered, all rock shall be removed to provide a clearance of at least 6-inches below and on each side of all pipe, valves, and fittings for pipe sizes 24-inches or smaller, and 9-inches for pipe 30-inches and larger. When excavation is completed, a bed of sand, crushed stone or earth that is free from stones, large clods, or frozen earth shall be placed on the bottom of the trench to the previously mentioned depths, leveled, and tamped. These clearances and bedding procedures shall also be observed for pieces of concrete or masonry and other debris or subterranean structures, such as masonry walls, piers, or foundations that may be encountered during excavation. 4. This installation procedure shall be followed when gravel formations containing loose boulders greater than 8 inches in diameter are encountered. In all cases, the specified clearances shall be maintained between the bottom of all pipe and appurtenances and any part, projection, or point of rock, boulder, or stones of sufficient size and placement which, in the opinion of the Engineer could cause fulcrum point. 5. Should the trench pass over a sewer or other previous excavation, the trench bottom shall be sufficiently compacted to provide support equal to that of the native soil or conform to other regulatory requirements in a manner that will prevent damage to the existing installation. 6. When the subgrade is found to be unstable or to include ashes, cinders, refuse, organic material, or other unsuitable material, such material shall be removed, to a minimum of at least 3-inches, or to the depth ordered by the Engineer and replaced under the directions of the Engineer with clean, stable backfill material. The bedding shall be consolidated and leveled in order that the pipe may be installed as specified. 7. When the bottom of the trench or the subgrade is found to consist of material that is unstable to such a degree that, in the judgment of the Engineer it cannot be removed, a foundation for the pipe and/or Section IV-a 15062-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set appurtenance shall be constructed using piling, timber, concrete, or other materials at the direction of the Engineer. 3.03 PIPE INSTALLATION A. Proper implements, tools, and facilities shall be provided and used for the safe and convenient performance of the work. All pipe, fittings, valves, and hydrants shall be lowered carefully into the trench by means of a derrick, ropes, or other suitable tools or equipment in such a manner as to prevent damage to pipeline material and protective coatings and linings. Under no circumstances shall pipeline materials be dropped off or dumped into the trench. The trench should be dewatered prior to installation of the pipe. B. All pipe fittings, valves, hydrants, and other appurtenances shall be examined carefully for damage and other defects immediately before installation. Defective materials shall be marked and held for inspection by the engineer who may prescribe corrective repairs or reject the materials. C. All lumps, blisters, and excess coating shall be removed from the socket and plain ends of each pipe, and the outside of the plain end and the inside of the bell shall be wiped clean and dry and be free from dirt, sand, grit, or any foreign material before the pipe is laid. D. Foreign material shall be prevented from entering the pipe while it is being placed in the trench. During laying operations, no debris, tools, clothing, or other materials shall be placed in the pipe. E. As each length of pipe is placed in the trench, the joint shall be assembled and the pipe brought to correct line and grade. The pipe shall be secured in place with approved backfill material. F. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Engineer. When practical, the plug shall remain in place until the trench is pumped completely dry. Care shall be taken to prevent pipe flotation should the trench fill with water. G. Trench width at the top of pipe, bedding conditions, and backfill placement and compaction shall be such that design loadings on the pipe will not be exceeded. H. Joint Assembly: Pipe joints shall be assembled in accordance with the Manufacturer's instructions and the requirements of ANSI/AWWA C600. Section IV-a 15062-9 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set Pipe Deflection: When it is necessary to deflect pipe from a straight line in either the vertical or horizontal plane, or where long radius curves are permitted, the amount of deflection shall not exceed that shown in ANSI/AWWA C600. J. Pipe Cutting: Cutting pipe for the insertion of valves, fittings, or closure pieces shall be done in a neat, workmanlike manner without creating damage to the pipe or lining. Ductile cast iron may be cut using an abrasive pipe saw, rotary wheel cutter, guillotine pipe saw, milling wheel saw, or oxyacetylene torch. Cut ends and rough edges shall be ground smooth and for push-on joint connections, the cut end shall be beveled. K. Thrust Restraint: 1. All plugs, caps, tees, and bends shall be suitably restrained by attaching clamps or restrained joints as specified. 2. Thrust-restraint design pressure shall be equal to the test pressure of the line. 3. Restrained push-on joints, mechanical joints utilizing approved joint restraints shall be used in place of concrete backing. Tie rods clamps, or other components of dissimilar metal shall be protected against corrosion by hand application of a bituminous coating or by encasement of the entire assembly with 8-mil thick, loose polyethylene film in accordance with ANSI/AWWA C105. 3.04 ABOVE GROUND PIPE INSTALLATION A. Install pipe in horizontal or vertical planes, parallel or perpendicular to building surfaces unless otherwise shown. Support pipe and fittings to prevent strain on joints, valves and equipment. Install flanged joints so that contact faces bear uniformly on the gasket. Tighten bolts with relatively uniform stress. 3.05 PREPARATION PRIOR TO MAKING CONNECTIONS INTO EXISTING PIPING SYSTEMS A. Approximate locations for existing piping systems are shown in the construction documents. Prior to making connections into existing piping systems, the Contractor shall: 1. Field verify location, size, piping material and piping system of the existing pipe. 2. Obtain all required fittings, which may include saddles, sleeve type couplings, flanges, tees, or others as shown in the construction documents. Section IV-a 15062-10 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set 3. Have installed all temporary pumps and/or pipes in accordance with established connection plans. B. Unless otherwise approved, new piping systems shall be completely assembled and successfully tested prior to making connections into existing pipe systems. 3.06 PIPE SYSTEM CONNECTIONS A. Pipe connections shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines and as indicated in the construction documents. Pipe connections to structures shall be installed per applicable standards and regulations, as well as per the connection manufacturer's guidelines. 3.07 TAPPING FOR POTABLE AND NON-POTABLE WATER APPLICATIONS A. Tapping shall be performed using standard tapping saddles designed for use on PVC piping in accordance with AWWA C605. Tapping shall be performed only with use of tap saddles or sleeves. NO DIRECT TAPPING WILL BE PERMITTED. Tapping shall be performed in accordance with the applicable sections for Saddle Tapping per Uni-Pub-B. B. All connections requiring a larger diameter than that recommended by the pipe supplier, shall be made with a pipe connection as specified and indicated on the drawings. C. Equipment used for tapping shall be made specifically for tapping PVC pipe: 1. Tapping bits shall be slotted "shell" style cutters, specifically made for PVC pipe. 'Hole saws' made for cutting wood, steel, ductile iron, or other materials are strictly prohibited. 2. Manually operated or power operated drilling machines may be used. D. Taps may be performed while the pipeline is filled with water and under pressure ('wet' tap), or when the pipeline is not filled with water and not under pressure ('dry' tap). 3.08 PIGGING, FLUSHING AND CLEANING A. All mains shall be pigged, cleaned and flushed to remove all sand and other foreign matter. The Contractor shall be responsible for developing a pigging and flushing plan to be submitted to the Engineer for approval prior to pigging and flushing. The Contractor shall dispose of all water used pigging and for flushing without causing a nuisance or property Section IV-a 15062-11 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set damage. Any permits required for the disposal of flushing water shall be the responsibility of the Contractor. 3.09 PRESSURE AND LEAKAGE TESTS A. Pressure Testing: 1. The Contractor shall backfill all pipe and thrust blocking before pressure testing unless the Project Representative directs certain joints or connections left uncovered. Where thrust blocking is provided the pressure test shall not be made until at least five (5) days after the thrust blocking has been installed. A high early strength concrete may be used to reduce this time. 2. All newly laid pipe, including fitting and valves shall be pressure tested in accordance with AWWA C-600. The duration of each such test will be at least two hours. 3. Each valved section of pipe shall be slowly filled with water and a pump shall be hooked to the pipe in a manner satisfactory to the Project Representative to supply the test pressure of 150 psi. The pump, pipe connection and all necessary apparatus shall be furnished by the Contractor. The gauges used shall be furnished by the Contractor. The Contractor shall, upon request of the Project Representative, furnish to the Utilities Department certified test data for pressure gauges used for pressure testing. 4. Before applying the specified test pressure, all air shall be expelled from the pipe. Permanent air relief valves shall be located as shown on the plans. If air relief valves are not furnished the Contractor shall install corporation cocks for this purpose. 5. All exposed pipe, fittings, valves, joints and appurtenances shall be carefully examined during the open-trench test. Any cracked or defective pipe, fittings, valves or appurtenances discovered in consequence of this test shall be removed and replaced with acceptable material and the test shall be repeated to the satisfaction of the Project Representative. B. Leakage Test: 1. A leakage test shall be conducted after the pressure test has been satisfactorily completed. The Contractor shall, as before, furnish all pumps, pipe, connections and other items required to satisfactorily complete the leakage test. The leakage test shall have a duration of two hours at the pressure specified for the pressure test. No Section IV-a 15062-12 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set pipe installation will be accepted if the leakage is greater than that determined by the formula for mechanical and push-on joints: SDP1/2 L= Allowable leakage [gph] L= ---------- S= Length of pipe tested [feet] 133,200 D= Nominal diameter of pipe [inches] P= Average pressure during test [psig] 2. The Project Representative, or his duly authorized representative, shall witness these tests. The Contractor shall be responsible for finding and repairing leaks. No additional cost may be incurred by the Owner due to repairs because of failure of either test. The Project Representative has the authority to determine the number of repairs that will be made within a given length of pipe and has the right to request the Contractor to remove and relay a section of pipe if such does not comply with the established leakage rates as shown in the following table: ALLOWABLE LEAKAGE IN GALLONS PER HOUR (Test Pressure = 150 psi) Pipe diameter Leakage per 1,000 feet 2 0.18 4 0.37 6 0.55 8 0.74 10 0.92 12 1.10 16 1.47 C. Notice of Test: The Contractor shall give the Owner 48 hours advance notice of the time when the installation is ready for hydrostatic testing. END OF SECTION Section IV-a 15062-13 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set SECTION 15064 HIGH DENSITY POLYETHYLENE (HDPE) PIPE PART 1-GENERAL 1.01 DESCRIPTION OF WORK A. This Section includes materials and methods of installation of HDPE. Pipe is intended for use as a pressure-rated reclaimed water delivery system. B. HDPE pipe will be used only in the locations shown on the Contract Drawings. 1.02 HANDLING AND STORAGE A. All pipe, fittings, valves and accessories shall be loaded and unloaded by lifting with hoists or by skidding in order to avoid shock or damage. Under no circumstances shall materials be dropped. Pipe handled on skidways shall not be rolled or skidded against pipe on the ground. Slings, hooks or pipe tongs shall be padded and used in such a manner as to prevent damage to the exterior surface or interior of the pipe. B. Materials, if stored, shall be kept safe from damage. The interior as well as all sealing surfaces of all pipe, fittings, and other appurtenances shall be kept free from dirt or foreign matter at all times. Valves shall be drained and stored in a manner that will protect them from damage or freezing. C. Pipe stored outside and exposed to prolonged periods of sunlight shall be covered with canvas or other opaque material. Air circulation shall be provided under covering. D. Pipe shall not be stacked higher than the limits recommended by the manufacturer. The bottom tiers shall be kept off the ground on timbers, rails, or concrete. Pipe shall not be stored close to heat sources. E. Gaskets shall be placed in a cool location out of direct sunlight. Gaskets shall not come in contact with petroleum products. Gaskets shall be used on a first-in, first-out basis. Mechanical joint bolts shall be handled and stored in a manner that will ensure proper use with respect to types and sizes. 1.03 REFERENCE DOCUMENTS A. Ductile Iron Pipe A.N.S.I. A21-51. B. HDPE Pipe AWWA C906. Section IV-a 15064-1 Chautauqua/Coachman Ridge Reclaimed Water Project C. HDPE Pipe AWWA C901. D. Water Resources Act, Chapter 373, F.S. E. Chapter 17-40 Florida Administrative Code. F. Chapter 17-610 Florida Administrative Code. G. American National Standards Institute (ANSI). H. American Water Works Association (AWWA). American Society for Testing Materials (ASTM) Bid Set J. American Association of State Highway Transportation Officials (AASHTO). K. American Society of Sanitary Engineers (ASSE). L. Plastic Pipe Institute (PPI) 1.04 SHOP DRAWINGS AND SUBMITTALS A. In general, shop drawings and related manufacturer's product certification shall be made in accordance with Paragraph 6.11.1 of Section III - General Conditions of the Contract Documents for approval prior to construction or fabrication of the material by the manufacturer. The following items, which require shop drawings, are brought to the Contractor's attention. The list may not include all items for which shop drawing submittals are required to meet the requirements of the project. 1, Detail drawings of all classes of pipe, joints, and fittings. 2. Detail Drawings of restrained and flexible joints, including test reports to confirm thrust restraint capacities and restraining mechanism application. 3. Pipeline laying schedule tabulated and referenced to construction line and grade controls shown on plans, with station, offset and elevations. References shall be provided for pipe fittings, valves, service connections and other important features of the pipeline. 4. Service Connections. Section IV-a 15064-2 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 5. Valves and Valve Boxes. 6. Paint - Manufacturer's information and color sample. 7. All Appurtenant Items. B. Certification and test reports for the materials, manufacturing, and testing of the types of pipe supplied shall be performed and furnished by the pipe manufacturer in accordance with the latest standards of the industry as described herein. C. Provide a statement in writing from the HDPE pipe manufacturer that it is listed with the Plastic Pipe Institute as a qualified extruder for the polyethylene resin being used to manufacture the pipe for this project. 1.05 SEPARATION OF RECLAIMED WATER, POTABLE WATER, AND WASTEWATER LINES A. Wherever practical, reclaimed water mains should be installed on the opposite side of the street from potable water mains. A minimum horizontal separation of 5 feet (center to center) or 3 feet (outside to outside) shall be maintained between reclaimed water mains and potable water mains, sanitary sewers, or sanitary force mains. Where a reclaimed water main crosses a potable water main, sanitary sewer, or sanitary force main, a minimum of 18 inches vertical clearance shall be maintained. Where 18 inches of vertical clearance cannot be maintained, the crossing shall be arranged so that the joints of the two pipes are equidistant from the point of crossing with no less than 10 feet between any two joints. Alternatively, the reclaimed water main may be placed in a casing to obtain the equivalent of the required 10-feet separation. 1.06 SYSTEM IDENTIFICATION A. All reclaimed water piping and appurtenances shall be clearly identified to inform the public and employees that the water is not intended for drinking. B. The following features shall be included in the design of reclaimed water facilities: 1. All buried reclaimed water transmission and distribution piping shall be color coded purple. For PVC mains, color shall be an integral part of the pipe material. 2. All above ground valves, meters, and other devices, and other appurtenances shall be painted purple. The color standard for Section IV-a 15064-3 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set paint shall be Pantone color 522C with light color stableant or approved equal. 3. Tracer Wire: See Section 15065. 4. Covers for all valve boxes, meter boxes, and other below ground devices on the reclaimed water system shall be painted purple. Covers shall be permanently embossed with the wording "Reclaimed Water, Do Not Drink" in English and in Spanish "No Beber", and should have the International "Do Not Drink" symbol embossed on the cover. Valve boxes shall be square, U.S. Foundry or approved equal. 1.07. WARRANTY A. The pipe shall be warranted for one year after substantial completion per the pipe supplier's standard terms. B. In addition to the standard pipe warranty, the fusion services shall be warranted for one year after substantial completion per the fusion service provider's standard terms. PART 2 - PRODUCTS 2.01 REFERENCES A. The following documents are a part of this Section. Where this Specification section differs from these documents, the requirements of this section shall apply. 1. ASTM D1248-84, Polyethylene Plastics Molding and Extrusion Materials. 2. ASTM D3350-84, Polyethylene Plastic Pipe and Fittings Material. 3. ASTM F714-85, Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter. 2.02 HIGH DENSITY POLYETHYLENE PIPE AND FITTINGS A. General: 1. All High Density Polyethylene (HDPE) shall be manufactured by Driscopipe, a subsidiary of Phillips Petroleum Company; PLEXCO, Division of Chevron Chemical Company; or approved equal. 2. All HDPE pipe shall have a Ductile Iron Pipe outside diameter unless otherwise specified in the Contract Documents. Section IV-a 15064-4 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set 3. Potable water pipe shall be permanently co-extruded with blue coloring on pipe outside surface. Reclaimed water pipe shall be permanently co-extruded with purple coloring on pipe outside surface. 4. All HDPE piping system components shall be the products of one manufacturer. B. HDPE Pipe Specifications 1. High Density Polyethylene pipe 4-inches diameter and larger shall conform to material standard ASTM D3350 345434 C cell classification rated as PE 3408 by the Plastics Pipe Institute. Minimum pressure rating shall be 160 psi SDR 11 (Standard Dimension Ratio) for pipe sizes greater than 4 inches in diameter. For pipe sizes 2-inches and smaller in diameter, the minimum pressure rating shall be 200 psi SDR 9. All pipe 4-inches in diameter and greater shall have a ductile iron pipe Q.D. Pressure ratings are at standard test conditions and temperature of 73.40F (23oC). 2. The polyethylene compound shall be suitably protected against degradation by ultraviolet light by means of carbon black, well dispersed by precompounding in a concentration of not less than 2 percent. 3. The maximum allowable hoop stress shall be 800 psi at 73.4 degrees F. 4. The pipe manufacturer shall be listed with the Plastic Pipe Institute as meeting the recipe and mixing requirements of the resin manufacturer for the resin used to manufacture the pipe in this project. C. Fittings 1. All fittings for HDPE pipe (4" and larger), except for D.I/HDPE Mechanical Joint Adaptors, shall be compact ductile iron mechanical joint fittings. If a fitting is unavailable as a compact ductile iron mechanical joint fitting, then use a regular ductile iron mechanical joint fitting. See Paragraph 41.2.2.3 of Section IV - Technical Specifications of the Contract Documents. 2. D.I./HDPE Mechanical Joint Adaptors. Section IV-a 15064-5 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set a. The manufacturer of the HDPE pipe shall supply all D.I./HDPE mechanical joint adaptors and accessories required to perform the work as shown on the Drawings. b. The D.I./HDPE mechanical joint adaptor shall consist of: 1) A molded or fabricated HDPE mechanical joint transition fitting 2) A standard rubber gasket for a D.I. mechanical joint. 3) A D.I. mechanical joint backup drive ring. 4) Cor-Ten mechanical joint tee bolts. 5) A stainless steel stiffener inserted in the MJ end of the HDPE transition fitting. C. The D.I./HDPE mechanical joint adaptor shall be connected to the HDPE pipe by a heat-fused joint on one end, and connected to a ductile iron pipe valve, or fitting with a mechanical joint on the other end. d. The tee bolts and backup drive ring shall act as a joint restraint to keep the connecting pieces from pulling apart. e. The HDPE transition fitting shall be molded or fabricated by the manufacturer of the HDPE pipe. All molded fittings shall be fully pressure rated to match the SDR pressure rating for which they are made. Fabricated fittings shall be rated for internal pressure service equivalent to the full pressure rating of the mating pipe. f. If rework compounds are required, only those generated in the manufacturer's own plant from resin compounds of the same class and type from the same raw material supplier shall be used. 9. Solvent epoxy cementing and mechanical joining with bolt on wrap around clamps shall not be used for connections. D. HDPE Pipe Jointing Method 1. HDPE pipe shall be jointed by the butt-fusion process in accordance with pipe manufacturer's directions. Contractor shall provide butt-fusion technicians who are trained and certified by the P.E. pipe manufacturer to complete the project. The date of technician certification shall not exceed 12 months before commencing construction. Section IV-a 15064-6 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 2. All HDPE pipe joined by butt-fusion shall be made from the same class and type of raw material made by the same raw material supplier. 3. Butt-fusion means the butt joining of the pipe by softening the aligned faces of the pipe ends in a suitable apparatus and pressing them together under controlled pressure. 4. The internal and external beads resulting from the butt-fusion process shall be visible and examined for penetration 360 degrees around the pipe diameter. 2.03 RECLAIMED WATER SERVICE CONNECTIONS A. All reclaimed water service lines two (2) inches in diameter and smaller shall be constructed of polyethylene (PE) tubing, DR9. B. All residential service connections 60 feet and less in length shall be 1- inch in diameter. All residential service connections greater than 60 feet in length shall be 2-inch diameter unless otherwise noted on the drawings. C. All long side service connections shall be cased. One electronically detectable 12 gauge solid copper tracer wire shall be installed with each long service. The service Tubing and Tracer Wire shall be installed inside the casing sleeve. D. Polyethylene extrusion compound from which the PE pipe and tubing are extruded shall comply with the applicable requirements for the Type III, Grade P34, Class C, PE 3408, very high molecular weight polyethylene plastic material, as specified in ASTM D1248, a cell classification of 345434C or 355434C as specified in ASTM D3350. E. Polyethylene tubing shall be SDR 9-200 PSI type CTSVOD (copper tubing size) or approved equal. The average outside diameter, minimum wall thickness and respective tolerances for any cross-section shall be as specified in ASTM D2737. F. Polyethylene reclaimed water service pipe or tubing shall be identified with solid purple coloring and shall be equal in every respect to PLEXCO PE3408 Industrial Piping or ENDOT Reclaimed Water Tubing. Other acceptable manufacturers include Vanguard Plastics and Orangeburg Industries. G. Environmental stress cracking resistance testing shall be performed in accordance with ASTM D1693, Condition C, and shall have no failures after 5000 hours duration. Section IV-a 15064-7 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set H. Tapping saddles, corporation stops, curb stops, tapping tees, and meter boxes shall be provided and installed by the Contractor for each service connection. Refer to the Contract Drawings for more details. The Contractor, after installing the sleeve and prior to making the tap, shall insure that the sleeve is providing a watertight joint by means of pressure testing with pressures in accordance with paragraph 3.08 of this Section. If leaks are present, the Contractor is required to repair them to satisfaction of the Project Representative. 2.04 LOCATOR WIRE A. All HDPE pipe reclaimed water mains installed by directional bore or by open cut shall be laid with two (2) insulated 12 gauge solid strand copper wires for location purposes. All "long" HDPE service piping (services greater than 40 feet in length) shall by laid with one (1) insulated 12 gauge solid strand copper wire. Refer to Section 15065 for additional information on tracer wires. PART 3 - EXECUTION 3.01 GENERAL A. All polyethylene pipe shall be cut, fabricated, and installed in strict conformance with the pipe manufacturer's recommendations. Joining, laying, and pulling of polyethylene pipe shall be accomplished by personnel experienced in working with polyethylene pipe. The pipe supplier shall certify in writing that the Contractor is qualified to join, lay, and pull the pipe or representative of the pipe manufacturer shall be on site to oversee the pipe joining. Expenses for the representative shall be paid for by the Contractor. 3.02 PIPE INSPECTION A. The Contractor shall obtain from the pipe manufacturer a certificate of inspection to the effect that the pipe and fittings supplied for this Contract have been inspected at the plant and that they meet the requirements of these specifications. The Contractor shall submit these certificates to the Engineer prior to installation of the pipe materials. All pipe and fittings shall be subjected to visual inspection at time of delivery and before they are lowered into the trench to be laid. Joints or fittings that do not conform to these specifications will be rejected and must be removed immediately by the Contractor. The entire product of any plant may be rejected when, in the opinion of the County, the methods of manufacture fail to secure Section IV-a 15064-8 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set uniform results, or where the materials used are such as to produce inferior pipe or fittings. 3.03 TRANSPORTATION A. Care shall be taken during transportation of the pipe that it is not cut, kinked, or otherwise damaged. 3.04 STORAGE A. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects, which could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers at pipes under anticipated temperature condition. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such widths as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. B. Pipes shall be stored in such a manner as to limit their exposure to ultraviolet light as the pipe color will fade. Excessive loss of color in the pipe material may result in the rejection of piping material by the Project Representative. 3.05 HANDLING PIPE A. The handling of the joined pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. Ropes, fabric, or rubber-protected slings and straps shall be used when handling pipes. Chains, cables, or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. Pipe or fittings shall not be dropped onto rocky or unprepared ground. Slings for handling the pipeline shall not be positioned at butt-fused joints. Sections of the pipes with cuts and gouges exceeding 10 percent of the pipe wall thickness or kinked sections shall be removed and the ends rejoined. The dragging of fused HDPE pipe along asphalt and concrete paving will not be allowed. B. The open ends of all sections of joined and/or installed pipe (not in service) shall be plugged at night to prevent animals or foreign material from entering the pipe line or pipe section. C. Waterproof nightcaps of approved design may be used but they shall be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. D. The practice of stuffing cloth or paper in the open ends of the pipe will not be permitted. Section IV-a 15064-9 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set E. Where possible, the pipe shall be raised and supported at a suitable distance back from the open end such that the open end will be below the level of the pipe at the point of support. 3.06 LAYING PIPE A. HDPE Pipe by Directional Boring - See Section 02071. B. Joints 1. All HDPE pipe shall be jointed by the heat fusion process which produces homogeneous, seal, leak tight joints. 2. Restrained mechanical joints shall be provided at tie-ins with valves and other pipe materials. C. Butt Fusion Testing 1. Contractor shall test the first fusion of the day on a daily basis. 2. In testing, the fusion shall be allowed to cool completely, then fusion test straps shall be cut out. The test shall be minimum of 12" or 30 times the wall thickness in length with the fusion in the center, and minimum of 1" or 1.5 times the wall thickness in width. Bend the test strap until the ends of the strap touch. Contractor shall not commence until a fusion test has passed the bent strap test. 3.07 PIGGING, FLUSHING AND CLEANING B. All mains shall be pigged, cleaned and flushed to remove all sand and other foreign matter. The Contractor shall be responsible for developing a pigging and flushing plan to be submitted to the Engineer for approval prior to pigging and flushing. The Contractor shall dispose of all water used pigging and for flushing without causing a nuisance or property damage. Any permits required for the disposal of flushing water shall be the responsibility of the Contractor. 3.08 TESTING AND LEAKAGE A. This Section supersedes Specification Section IV.41.4.1. B. Hydrostatic Tests - General 1. The piping shall be tested between valved sections to a maximum length of 2,000 feet immediate after installation and backfilling has been completed. 2. In testing, the part of the system under test shall be filled with water and subjected to a sustained pressure of 150 pounds per square inch. The piping shall be tested in sections, thereby, testing each valve for secure closure. While the system is being filled with water, Section IV-a 15064-10 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set air shall be carefully and completely exhausted. If permanent air vents are not located at all high points, the Contractor shall install corporation stops or fittings and valves at such points so the air can be expelled as the pipe system is slowly filled with water. 3. Test pressure shall be maintained at 150 psi by pumping for a minimum of two (2) hours and until all sections under test have been checked for evidence of leakage. The test pressure shall not vary by more than +5 psi for the duration of the test. Rate of loss shall not exceed that specified in the following paragraph "Allowable Limits For Leakage." Visible leaks shall be corrected regardless of total leakage shown by test. Testing shall be in accordance with the applicable provisions of AWWA Standard C600 Section 4. NOTE: TEST DURATION SHALL BE AT LEAST TWO HOURS. 4. All pumps, gauges and measuring devices shall be furnished, installed and operated by the Contractor and all such equipment and devices and their installation shall be approved by the Engineer. All pressure and leakage testing shall be done in the presence of a representative of the Engineer and County. 5. Water for testing and flushing shall be reclaimed water for reclaimed water mains from a source approved by the Engineer. Flow velocity during line filling should not exceed 2 f.p.s. 6. If the contractor elects to perform hydrostatic testing against valves in an existing distribution system, he does so at his own risk and will bear the cost of any damages to the existing valve, piping system, private or public property, or the new pipeline under test. 7. Polyethylene Pipe Hydrostatic Test a. Under no circumstances shall the total time under test for PE pipe exceed 8 hours at 1.5 times the pipe pressure rating. If the test is not completed because of leakage, equipment failure or other reason, the test shall be permitted to "relax" for 8 hours before the next test sequence. b. For high density polyethylene pipe the initial test pressure shall be allowed to maintain at test pressure by adding make-up water each hour for a period of times as required by pipe manufacturer and approved by the engineer to allow for diameter expansion to stabilize. After the required equilibrium period the test section shall be returned to the original test pressure by adding a measurable amount of make-up water, the pump turned off and the final pressure held for a minimum of 2 hours. Pressure drop may occur due to pressure expansion. Allowable amounts of make-up water for expansion during the pressure test is shown in the tables following this sub-section. Section IV-a 16064-11 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set C. Allowance and testing for pipe stretching shall be as recommended by the Plastic Pipe Institute and AWWA. ALLOWABLE LEAKAGE IN GALLONS PER HOUR (Test Pressure = 150 psi) Pipe diameter 4 6 8 10 12 Leakage per 1,000 feet 0.37 0.55 0.74 0.92 1.10 ALLOWABLE FOR EXPANSION UNDER TEST PRESSURE* POLYETHYLENE PIPE Nominal Pipe Allowances for Expansion Size (in.) (US Gals/100 Feet of Pipe) 1-Hour Test 2-Hour Test 3-Hour Test 3 0.10 0.15 0.25 4 0.13 0.25 0.40 6 0.30 0.60 0.90 8 0.50 1.0 1.5 10 0.75 1.3 2.1 12 1.1 2.3 3.4 *These allowances only apply to the test phase and not to the initial expansion phase.* C. Notice of Test: The Contractor shall give the Owner 48 hours advance notice of the time when the installation is ready for hydrostatic testing. 3.09 CONNECTIONS TO EXISTING SYSTEM A. Connections to existing reclaimed water pipelines shall be made as shown on the Contract Drawings. Coordination between the City and the Contractor shall be required in order to accomplish this task. The Contractor shall supply connection, procedure, and customer notification schedules to the City, for approval, two (2) weeks prior to the proposed connection date. END OF SECTION Section IV-a 15064-12 Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 15065 TRACER WIRE PART 1 - GENERAL 1.01 TRACER WIRE FOR MAINLINES Bid Set A. Each length of mainline pipe shall have two (2) 12-gauge minimum solid copper locator wires duct taped to top center of pipe, with taping at spacing no greater than fifty (50) feet along the center of pipe. B. The locator wires shall have colored insulation matching the type of service provided in the main and be acceptable for direct burial. C. All splices of the wires shall be made with watertight shrink wrap connections, as approved by the Engineer. D. The wires shall each be continuous throughout the project, with splices made only by methods approved by the Project Representative. E. The wire is to be tied to all valves, tees and elbows. F. The locator wires shall be brought up into all valve boxes with enough slack provided to extend 10 to 12 inches out of each box and installed as shown in the Standard Details. G. Contractor shall perform a 12-volt DC electrical continuity test on each of the wires. No more than one volt of loss per 1000 feet of mainline pipe will be acceptable. The locator wire system shall pass the 12-volt DC electrical continuity test for at least one wire prior to final acceptance of the pipeline. Any cuts or breaks in the wire shall be repaired by the Contractor at his expense. H. The locator wire shall be tested by the Contractor at the time of pressure testing. If this test fails, the Contractor is responsible for repairing the locator wire and the pressure test will be reschedule when the wire will pass. 1.02 TRACER WIRE FOR LONG SIDE SERVICES A. Each long side service or any service over 40 feet shall have one (1) 12- gauge minimum solid copper locator wire duct taped to top center of pipe. B. The locator wire shall have colored insulation matching the type of service provided in the service and be acceptable for direct burial. Section IV-a 15065-1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set C. All splices of the wire shall be made with watertight connections, as approved by the Engineer. D. The wire shall be continuous along the service line. E. The locator wire shall have one end sealed off and buried within 12 inches of the connection to the main with the other end stubbed off in the service box with enough slack provided to extend 10 to 12 inches out of each service box. F. Contractor shall perform a tone test on each long side service using a wire and cable locator. The locator wire system shall pass the tone test prior to final acceptance of the service line. Any cuts or breaks in the wire shall be repaired by the Contractor at his expense. END OF SECTION Section IV-a 15065-2 Chautauqua/Coachman Ridge Reclaimed Water Proiect SECTION 15100 VALVES AND APPURTENANCES PART 1 - GENERAL 1.01 SCOPE OF WORK Bid Set A. Furnish all labor, materials, equipment and incidentals required and install complete and ready for operation all valves and appurtenances as shown on the Drawings and as specified herein. B. All valves and appurtenances shall be of the size shown on the Drawings and to the extent possible, all equipment of the same type shall be from one manufacturer. C. All valves and appurtenances shall have the name of the maker and the working pressure for which they are designed cast in raised letters upon some appropriate part of the body. D. The equipment shall include, but not be limited to, the following: 1. Gate Valves 2. Valve boxes 3. Corporation Stops 4. Curb Stops 5. Reclaimed Water Meter/Service Boxes 6. Air Release Valves 1.02 HANDLING A. All valves, unless otherwise directed, shall be loaded and unloaded by lifting, and under no circumstances shall valves be dropped, skidded, or rolled. Valves shall not be stacked or placed under pipe, fittings or other valves in such a manner that damage could result. B. Slings, hooks, or tongs used for lifting shall be padded in such a manner as to prevent damage to exterior surface or interior linings and valve components. If any part of the valve's coating, lining or components is damaged, the repairs or replacement shall be made by the Contractor at his expense and in a manner satisfactory to the Engineer prior to attempting installation of such valves. C. Only new valves will be allowed for installation and all valves shall be stored in a manner that they won't be damaged and kept free of dirt, mud, or other foreign matter that will be deemed detrimental to the proper performance of the valve. Section IV-a 15100.1 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 1.03 INSTALLATION A. Valves shall be set and joined to the pipe and each type of joint as described in Section 15062 and this Section of these specifications. B. All valves shall be permanently stamped or tagged with stainless steel tags on the extension stem which differentiate reclaimed water valves from potable water valves. C. Cast iron valve boxes shall be firmly supported, maintained centered and plumb over the operating nut of the valve and set in a 2-feet by 2-feet by 6-inches thick concrete collar as shown on standard details. The box cover shall be flush with the surface of the finished pavement. All box lids shall be painted OSHA safety purple, color coded to type of service. 1.04 DESCRIPTION OF SYSTEMS A. All of the equipment and materials specified herein are intended to be standard for use in controlling the flow of reclaimed water. 1.05 QUALIFICATIONS A. All of the types of valves and appurtenances shall be products of well established reputable firms who are fully experienced, reputable and qualified in the manufacture of the particular equipment to be furnished. The equipment shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with these Specifications as applicable. 1.06 SUBMITTALS A. Submit to the Engineer within 30 days after execution of the contract a list of materials to be furnished, the names of the suppliers and the date of delivery of materials to the site. B. Complete shop drawings of all valves and appurtenances shall be submitted to the Engineer for approval in accordance with Paragraph 6.11.1 of Section I I I - General Conditions of the Contract Documents. 1.07 TOOLS A. Special tools, if required for normal operation and maintenance shall be supplied with the equipment. PART 2 - PRODUCTS Section IV-a 15100-2 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set 2.01 RESILIENT SEATED GATE VALVES A. See Specification 41.2.3 of Section IV - Technical Specifications. 2.02 CORPORATION STOPS A. Corporation stops shall be all brass conforming to ASTM B62. Inlet shall be CC thread, outlet shall be of compression type for CTS pipe with internal or external gripping device. B. All corporation stops are to be supplied with plastic tubing stiffeners for use with PB DR9. C. Approved Products are: 1. 1" Threaded MUELLER 25008, 2. 2° Threaded Ford FB 400-7 3. Approved equal. 2.03 CURB STOPS A. Ford curb stop with lock wing and compression inlet: 1. 1" #BRW 43-444W-Q 2. 2" #BRW 41-777W-Q 3. Approved equal. B. Curb Stop should be stamped with "reclaimed water". 2.04 VALVE BOXES A. See Specification 41.2.3 of Section IV - Technical Specifications. 2.5 RECLAIMED WATER METER/SERVICE BOXES A. For details on the reclaimed water meter/service box refer to Sheet 52 of the Construction Drawings. 2.6 COMBINATION AIR VALVES & POLYETHYLENE COVERS A. The combination air valves shall be ARI Model D-040-P. For more details see Sheet 54 of the Contract Documents. 2.7 BLOWOFFS Section IV-a 15100-3 Chautauqua/Coachman Ridge Reclaimed Water Proiect Bid Set A. See detail sheet on Construction Drawings. PART 3 - EXECUTION 3.01 INSTALLATION A. All valves and appurtenances shall be installed in the location shown, true to alignment and rigidly supported. Any damage to the above items shall be repaired to the satisfaction of the Engineer before they are installed. B. After installation, all valves and appurtenances shall be tested at least two hours at the working pressure corresponding to the class of pipe, unless a different test pressure is specified. If any joint proves to be defective, it shall be repaired to the satisfaction of the Engineer. C. Install all floor boxes, brackets, extension rods, guides, the various types of operators and appurtenances as shown on the Drawings that are in masonry floors or walls, and install concrete inserts for hangers and supports as soon as forms are erected and before concrete is poured. Before setting these items, the Contractor shall check all plans and figures which have a direct bearing on their location and he shall be responsible for the proper location of these valves and appurtenances during the construction of the structures. D. Pipe for use with flexible couplings shall have plain ends as specified in the respective pipe sections in Division 15. E. Alloy steel bolts and nut for flanged joints shall be made with high strength, low alloy Car-Ten bolts, nuts and washers. Cor-Ten for mechanical joints shall be made with mild corrosion resistant alloy steel bolts and nuts. All exposed bolts shall be painted the same color as the pipe. All valves and joints to be wrapped with 8 mil. Color coded poly wrap. F. Prior to the installation of sleeve-type couplings, the pipe ends shall be cleaned thoroughly for a distance of 8 inches. Soapy water may be used as a gasket lubricant. A follower and gasket, in that order, shall be slipped over each pipe to a distance of about 6 inches from the end, and the middle ring shall be placed on the substantial completion date unless otherwise requested by the Owner. G. Valve boxes with concrete collars shall be installed as shown on the Drawings. Mechanical joints shall be made in the standard manner. Valve stems shall be vertical in all cases. Place cast iron box over each stem with base bearing on compacted fill and top flush with final grade. Boxes shall have sufficient bracing to maintain alignment during Section IV-a 15100-4 Chautauqua/Coachman Ridge Reclaimed Water Project Bid Set backfilling. Knobs on cover shall be parallel to pipe. Remove any sand or undesirable fill from valve box. 3.02 SHOP PAINTING A. Ferrous surfaces of valves and appurtenances shall receive a coating of rust-inhibitive primer. All pipe connection openings shall be capped to prevent the entry of foreign matter prior to installation. B. All exposed piping, valves and meters shall receive one (1) primer coat of Tnemec Series 56 or equal (4-5 dry mils) and two (2) coats of Tnemec Series 72 or equal (2-3 dry mils each). The color shall be Safety Purple. 3.03 INSPECTION AND TESTING A. Completed valves and appurtenances shall be subjected to hydrostatic pressure test as described in other sections of these specifications. All leaks in valves and appurtenances shall be repaired and lines retested as approved by the Project Representative. Prior to testing, the pipelines shall be supported in an approved manner to prevent movement during tests. END OF SECTION Section IV-a 15100-5 APPENDIX PROJECT PERMITS AND GEOTECHNICAL REPORT Table of Contents: 1. PROJECT PERMITS 2. GEOTECHNICAL SOIL REPORT Appendix.doc 10/9/2008 I I IF?I ? I fi' 11. tl I II .I 1. I i I I Vii B E r ?.I 'A r I r^ , I CI ? .?I w k 'I f, Ii; h II[ s . L ', +aIkIP.'r9 ?,i l ( v I II'' It. ..L. PP ' r ,,,. , LI I P I I: II '? 'III ? "? Id I jl;'?I ' k', I PI ?. ,II r tP,,f ? ? i ' III F???' pp I i, f" I ? III I I 4:' ? I N t p I t f I I I• , tc h I.:L! I I I I n'I I f," ??a, I I I' I k ,PIT rC1::' II, f' k , i I? I. I I ? l: w I al CI:. I :. .I III, I., I '' I ,III. I .i I 't I 'I I I !r I I IIII ,''I I I I, 4 r I J , i I I i ?'I'161' II'I? I k I I .,f li;? .I I I I. ,I I !, I ? , I •t 'I I I IS h 1, 4.r I;III a I I t, L? I I,° f I I?I? ?I •.P' ..I I? t, h L. ,I I u!I,' C hG?. ;III P ? ?, , [ I ,.I M i ? .• G?I?ff'? it f ii i?: I r ? f ; II,, NP'I' , rr Y I I I ! ,. h I t G I .,?.. I I ,I, Cf IJ.'`, . I I I I' '?' ,,flik r I li ? I I r, 6 I' ? I C' ?f . I IPt, ,I': i I 'I CyI ? C ?'I ?'I I I' {{ h I. ;? ih?'' I •il P f , I I 16 It 'i ?, I?? h,? 14 t III ,,t 1 I I? .,l ; f 1?;;? 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Southein 76O West C.',ourtney Campbell Park,,tiay Tampa, .l'l. 33(')Q`1 Pik, No. 52-()29331- -001, Pjnelhvt ('oust,, Dear yIt, Fahev: This is to ackno xledge receipt of yrnu- entice nn DeC enlber 4? 2008 of intent to use a Noticed (.ie.rte.ral Permit, pursuatt to Rule 62- 341.453, Florida Admiuistrttive C:ctde (FA-C-,) to install 4-inch, 6-inch, and 1.2-inch fusible PVC reclaimed water pipes by hoti_>orual directional drilling underneath lire ssctlands, and uenchrm, through the rcrrraitung upland areas . 't'he prole:ct r:s locatfd at the Coachman Ridge SubdiLision and Old C.nachman Rd.. Clearwater , Sections Q. 33. `Fo\Urrship 2S South, R.anl.;r:e 16 1:;.l.sr. and Sc 010113 4J.07, Township 29 South. Range 16 E-:axl, Pine.l.la, County. In addition to regulatory authorization under Mule 62..141.453, F, A. C., this type of activity also .requires both pj,opric:tar,;' Gtnd 6edc't tl auLhorizations. Proprietary authorization tz required pursuant to C hkipters 253 and .258 Florida Statute (F.5.1. to use stale-owrre?d sL1bJII J-0ed lands for private purposes. Federal authorization is needed filr works in waters of the United States through the State Pro-rartimatic Gencl.ral Persil (SP(= P) prog.ran). Your nmic:e has been reviewed by Department staff for all three types of authorizations: regulatory, proprietary and fed n-al. 1110 author-ity for review and the outconies of the reviews are listed below. Please read each section carefully. Your Inoje:ct r.nay snit have qualified For all three authorizations. Il' your project slid not qual.if"y f6r one or more of the authorizations, tile: spc-clfic section dealing with that atrthariratio.u will advise you how to obtain it, You inay NOT commence your project without all three atithorizatious_ if yotr change the project f'ronr what you submitted, the authorization(s) granted may no longer he 'valid at the time ol,ccl.rrrrnertcerncrlt of the project. Please contact us prior to_hegi.nnhig your project if you wish to make any Changes- I.t,E.(`. TTA.'rORY R.'E v',TIH W - APPROVED Based on the forces, drawings, and documents submitte(lrrevised with your notice, it appears that the project meets the requ.irentents for the Noticed General Permit under Rule 62-341.453. F..A.C. Please be advised that the construction phase of the noticed general permit must be completed within five years from the suite the notice to use the noticed general petinit vv as received by the .l.)epartuient. ll'yuu wish to continue this noticed general permit beyarid the expiration date, poll Must notify the Department at least 30 days before its expiration. Any activities performed under a noticed general permit are subject to general conditions requirect in Rulc 62-341.215. F.A.C. (attached), and the specific conditions of-Rule 62-341.453, F,A.C. (attached). Any deviations from these conditions may subject the permittee to e.nfarcerneni action and possible penalties. Authority for review- Part TV of`Cha.pter 373, F.S. 'I itle 62. F.A.C. and in accordance to operating, a4greements executed belvveen the Department and the water management disc-icts, as referenced in Chapter 62-113, F. I.C. ";11t'r<• ('t7?i('[tr(:1?. r.".F's? 1'tr,r.t.s> PRO PRIETARY REVIEW - APPROVED A review of the location of your proposed project indicates that it is not on state-owned submerged lands. Thei e.fore, your project is exempt from the :further requirements of Chapter 253, F.S. Please be advised that any use of sovereign submerged lands without specific prior authorization from the Board of Trustees will be considered a violation of Chapter 253, F.S., and may subject the affected upland riparian property owners to legal action as well as potential Fines for the prior unauthorized use of sovereign land. Authority for review - Chapter 253 and Chapter 258, F. S., and Chapter .18-21, I'".A.C. and Chapter 14-20, F-A.C. if located in an aquatic preserve, and Section 62-343-075, F.A.C. as required. S.P(:.P REVIEW - APPROVE]) You project has been reviewed 6or compliance NvAli a Stag Programmatic General Permit (SPGI'). Four proposed activity as outlined oil the attached drawings is in compliance wvitlt the SPGP program- U.S. Army Coriis of Engineers J'`iA( 01-s,? specifc condition, apply to your project, if attached. No further permitting for this activity is required by the C.!SA(;OE - Author.i.ty for review - an agreement with the US.ACOE emitled "Coordination Agreement between the t.;. ;;_ Army Corps of Engineers (Jacksonville District) anct the .Florida Department of Environ.nie.rit.al Protection or Duly Authorized Designee, State. 1'r agrarmnatic. General Permit: Section 10 of the Rivers and Harbor Act of 1899. and Section 404 of the Clean Water Act, l:fvr.ou revise our aro ect al1.e.r subnaitting the initial -oint application the above autl)ot-iza?t.ion s .rnav.t id.,-Please co-nt.q.ct u . _..Y.. _...i _... ?. - - - - - _ J............. _..... -"-'------ LL,, ..rim ox to construction if you wish to Im. an)Ldlixttges. Also, if you have any questions, please contact 'I`orn Glancy at (813) 63 7- 7600, ext. X113. When referring to this project, please t1se The #ile number listed alcove. Executed in Temple `.terrace, Florida. ST:l'FE OF FLORIDA DEPARTMENT OF.I. NVIRONMENTAL PROTECTION _........ .......... -- '.__._......... -- - Albert A_ Gagne Jr. Environmental Manager Environmental Resource Management Copies furnished to_ U-S. Arrriy Corps of Engineers File Enclostire;: Ch. 62-341.453, F.A.C. Ch. G2-341.215, F..A.C. General Conditions for Federal Authorization for SPGP IV Rl Notice Of Rights Of Substantially Affected Persons City of Clearwater File no.: 52-0293314.041 Page 2 of 8 CERTIFICATE OFSERVICE The undersi4rrted d d des.i r ated deputy clerk hereby certifies that this determination, including all copies, vas .mailed before the close of business on to the above .listed persons. FILING AND ACKNOWLE.DGMENT FILED, on this elate, pursuant to 120.52(7), Florida Statutes. with the designated Department Clerk, receipt of: v- ',h is hereby acknowledged.. ?"?erk Date 9 62-341.453 General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable- Conduit, or Pipeline. (1) A general permit is hereby granted fo.r the installation, maintenance, repair, and removal o.f undeiground cable. conduit. or pipel.irle that transmit electricity, communication signals, potable water, raw water, reclaimed water, dom.cstic wastewater, propane gas or natural gas. (2) `['his general. permit is subject to the following special conditions- (a) `l`he ?.utximunl width of the. d.ic;tu.rbcd corridor in wetlands shall not exceed 30 feet- The maximum width of the excavated trench shall not exceed eight feet, with temporary spoil storage banks not to exceed ten feet in width., (b) The total area of wetland disturbance shall not exceed 0.. acres of forested wetlands per ten miles of cable, conduit, or pipeline; (c) For a trench with a top width greater than three feet .in herbaccot:ts wetlands, the upper layer of the soil horizon shall initially be scraped and segregated into a sport batik that is separated front the spoil bank resultin" from the excavation of the french for the utility line. The tipper layer of the soil horizon shall be replaced as the last step ofrestored grades to facilitate natural revegetatit:nt; (d) ;Maintenance trinuning or removal of trees in wetlands will be conducted only within the impacted areas authorized under this general permit and only as necessary to perforrrt repairs on the cable, conduit, or pipeline; (e) This general permit does not authorize construction in surface waters other than wetlands; (0 There shall be no .ttet placement of pe:rnaanent fill. resulting from the activities authorized by this general permit; (g) There shall be no dredging or filling in wetlands, to access the work areas authorized by this general permt, except for temporary mats. All temporary mats shall be removed within thirty days after completion of the installation of the line within the wetland portion ofthe project; (h) The works authorized by this general permit shall not impede the flow of water in wetlands or other surface waters, except fbr a trraxirnum period of 30 nays during; construction, provided that the impeded flow does not cause flooding and shall not adversely affect the wetlands or other surface waters-, (i) "Temporary spoil banks shall contain breaches that prevent impoundment or restriction o.f surface water flows; (j) Tlils general permit does not authorize the installation of conduit for draining wetlands or other surface waters; (k) .Pre-construction ground elevations and the contours of all disturbed soils, including vehicle nuts in wetlands and other surface waters, shall be restored within 30 days of completion of line installation. Restored grades shall be stabilized within 72 hours following completion of elevation and contour restoration to minimize erosion; (1) Vehicle usage in wetlands and other surface waters shall be conducted so as to ntininaize tire rutting and erosion impacts; (m) For purposes of this general permit- vehicular access in wetlands and other surface waters shall be limited to existing roads, trails, rights-of-way or casements. and to other previously disturbed corridors where they exist; (n) This general permit shall not apply in Outstanding Florida Waters, Outstanding National Resource Waters, Aquatic Preserves, or Class I waters; and (o) During the initial clearing event and when coud.ucting Subsequent normal maintenance activities, the. permittee shall eradicate all Brazilian pepper (Schinus terebinrhifohus). Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva) from the wetland portions of the utility right of way_ Specifier ,4uthorily 373.0207), 373.043, :373.1IS(l). 37,3.406(5). 373.4140l. 373.418, 403.805(1) F-S, Law h phwientt?d 373.118(1). 37_3.40((5), 373.413. 37;3.414(9373.416. 373.4181',5. Flistory Neiv 10-3-95. City of Clearwater Idle no.: 52-0293314-001 Pave 3 of 8 GENERAL CONDITIONS FOR ALL NOTICED GENERAL PERMITS Rule 62-341.215, Florida Administrative Code (1) The terirns, 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 urider 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 pen nit. (4) This general permit does not convey to the perrnittee or create in the perniittee any property right, or any interest in real property, nor (foes it authorize any entrance upon or activities on property rvhicli is not owned or contt-olled by the permitte e, 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 perrn.ittee from liability and penalties when the peri,nitted activity causes hatrrt or inj(n.ry to: human health or welfare; animal, plant or aquatic life; or property. It does not allow, the permittee to cause pollution in contravention of Florida Statutes and Department rules. (6) The permittee is hereby advised that Section. 253.77. F.S.. states that a person may .not cvrnnience 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 is responsible for obtaining any necessary authorizations from the Board of Trustees prior to comn-iencing 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 will) Chapter 120, F,S., and Section 373.429, F.S. (8) "This permit slial.l not be transferred to a third party except pursuant to Sections 62-343.130, F A.C. The perini.ttee 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 (fie real property at which the permutted system is located. (9) Upon reasonable notice to the pennittee, Department staff with proper identification shall have permission to enter, inspect. sample and test the permitted systenn to insure conformity with the plans and specifications approved by the permit. (t0) The peralittee shall ruaintain any permitted system in accordance With the plans submitted to the Department and authorized in this general permit. (11) A pernrnittee's right to conduct a specific noticed activity under this noticed general permit is authorized. for a duration of lave. years. (.12) Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a rri nner which does not cause violations of state water giiality standards, including any anti-degradation provisions of Sections 62-4.242(l)(a) and (b), 62-4-242(2) and (3); and 62-302,300, F..A-(:'-, and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The perruittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water duality standards. ":Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and. shall be maintained on all erodible ground arras 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 clue to the permitted activity. 'Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is cornlpleted and soils are stabilized and vegetation has been established. 'I'liereafter the permittee shall be responsible for the removal of the barriers. The perrnittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (13) The petxnittee shall hold and save the Department harmless f'rorn any and all damages, claims, or liabilities, which may arise by reason of the construction, alteration, operation, maintenance, removal. abandonment or use of any systernn authorized by the general permit. (14) The perintittee shall immediately notify the Departm ont in writing of any previously submitted information that is later discovered to be inaccurate. Specific: Authority: 373.026, 373.013, 373.044, 373.11 IS, 373.4()6, 403.813, 4()3.8 i4. I'-S, Law City o f (: tearwater File no.: 52-029',314-001 Pape 4 of 8 Implemented- '73-0-16, 37,.1.143, 373,046, 373.118, 373.403, _373A I3, 37.1,416, 33-.3,418, 3-/1,419, 373.4227 373.423. 373,426, 403.$13, 403.814, F.S. History .New 10-3-95- GENERAL C ONDI°I IONS FC'.7R. FEDERAL, AU T.IlORIZATION FOR SPIN' IV-R1 1. 'The time Iiinit for completing the work authorized ends on July 24,2011 2. You must maintain the activity authorized by this permit in food condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may snake a good faith transfer to a third party in compliance with General Condition 4 below. Should VOL] wish to cease to maintain the authorized activity or should you desire to abandon it %vitltout a good faith transfer, you must obtain a modification of this permit front this office, which inay require restoration of the area. 3. If you discover any previously u:tktlo%vri historic or archeological remains while accomplishing the activity authorized by this hermit, ynu must immediattiv notify this office ofwhat yott have found. We will initiate the Federal and State coordination required to de.tertnine if the remains warrant a recove_v effort or if the site i, eligible for listing in the National RcgiF;ter ofllistoric Places. 4. If you sell the properyy as ocialed with this permit, you trust obtain the si raatttre and ntai.i.in_> add:>e y eat r}te nenv owner in the :space provided below and lbrward a copy of the perrr.tit to this otiice to validate the transfer of this authorization. 5, It°a conditioned water quality certiticarion has been issued for your project. You must cotrtply with the conditions specified in the certification a:; special conditions to this permit. C). You must tallow representatives hollt this office to inspect the authorized activity at any, lirrte denied nece-scary to onsurc7 that itis bcing or has been accomplished M. accordance with the ternas and conditions of your permit. Further Information: 1. f_itnits of this authorization. a. This permit does not obviate the need to obtain outer Federal, State, or local aa.tthorizatic>ns a e.quirecil by law, b- This permit does not grant any property rights or exclusive privileges- c. This permit does not. authorize any injury to the property or rights of others. d. 'I his permit does not authorize inter.fetence with any existing or proposed Federal protects. 2, Limits of Federal Liability, Its issuing this permit, the Federal Government does not assume any liability for (lie .following,: a_ Damages to the permitted project or uses thereof as a result of other permitted or unperntitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Dartiages to persons, property, or to other pernxitted or unpertnitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this pernrit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance oil the inli0rniation you provided. City of Clearwater File no.: 52-0293314-001 Page 5 of 8 4. Reevaluation of'.Pernut Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to. the Following- a. You fail to comply with the terms and conditions of this pernrit_ b. The information provided by you. in support ofyour permit application proves to have been false, incorrrplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluat.iott may result in a determination that it is appropriate to Use the suspension; modification, and revocation procedures contained in 33 CFR 325.7 or enforcewent procedures such as those contained 'its 33 Cr'.12 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order rego.iring you comply with the terms and conditions of` your permit and for the Initiation of legal action where appropriate. You will be required to pay for ` arty corrective measures ordered by this office, and if you fail to comply with such directive, this off ice may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective n.ieasure5 by contract or othe.rv-ise and hill you for the cost- 6. When the structures or work awhorizcd by this permit arc still in existence stt the ti.rne t.htf property- is tram s.fened, the terms and conditions of this permit will continue to be binding on the, new owncr(s) of the property, To validate the transfer of this per-rnit and the associated liabilities associated with compliance with its terms and conditions, franc, the transfi rec sign and date below. . (TIZ---..AtiSFERE-S1C=NA"t`li.Kt:) (......._._._..,.__. )AI1 ) _._._ ............................... (NAME-P.IUN'T ED) (ADDRESS) City of Clearwater File no.-- 52-0243314-001 Page 6 of 8 RIGHTS OF AFFECTED PARTIES This letter acknowledges that the proposed activity may be conducted under general permit rule: 62-341.453 F.A.C. ThEs, deterrxrination is final and effective or.t the date tiled with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120,57 of the F.S. as provided below. I:f a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department- Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or Tequcst for an extension oftime have eNpired. Mediation is not available- A person whose substantial interests are affected by the Departrnent's action may petition for an administrative proceeding (he-arim.') tinder sections 120.769 and 120.;7 of the F.S. The petition must contain the Information set Borth below and must be filed (received by tile clerk) in the Office of General Counsel of the Department at 3900 Conntronwealth Boulevard, Mail Station 35, `l'allah asSee. Florida 32399-3000. U'rider rule 62-110.100(4) of the Florida Administrative Code a person whose substantial interests are affected by the Departments action may also request an. extension of time to file a petition for all administrative hearing. The Department may, for good cause shown, grant the request fir an extension of time. Requests for extension of'time must be filed with the Office of Gencral Counsel of the Department at 3 700 Conirno.nwealth Boulevard. Mail Station. 35, Tallahassee, Florida 32399-3000, before the applicable deadline.. A ti.ntely request for extension. of time shall toll the running ofthe time period for ding a petition until the request is acted upon. [fa request is filed late, the .Department May still grant it upon a motion by the requesting; party showing that the failure to file a request for an extension o1• time beforc the deadline vas the result of excusable neglect. I f a timely and cuff i.c idol petition for an administrative hearing is tiled, either persons whose, su.b.slantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding- Intervention will he permitted only at the discretion of the'presiding, officer upon the filing, of a motion in compliance. with rule 28-106.205 of the Florida Administrative Code. In accordance witty rirle 62-11.0, 10(.(3), Florida .Administrative Code, petitions for an administrative hearing by the applicant rnust be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication ofthe notice or within 21 days of receipt of the written notice, whichever occurs first, Under section 120.60( 3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action rutty file a petition within 21 clays of receipt ol'such notice; regardless of tile. date otpub'hcation. Tile petitioner shall mait at delay of the petition to the applicant at. the address indi.ca.ted above at the time of filing;. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected. and each agency's file or identification number, if known: (b) The narne, address. and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. .Ifthere are none, the petition must so indicate; (c) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; City of Clearwater File no.: 52-0293314-001 Page 7 of 8 (t) A staternent of the specific tu.les or staart4s that the peticiorier contends require reversal or modification of the agency's proposed action; and (g) A statement of die relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such :Facts are in dispute and otherwise shall contain the same information as set ffirth above, as required by rifle 28-106.301. Under sections 120.569(2)(c) and (d) of the F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely f5lecl_ This determination constitutes in order of the Department- Subject to the provisions ofparagia.ph 120.68(7)(a) of the ES, which triay require a remand for an administrative hearing., the applicant has the right to seek judicial review of the carder under section 120,68 of the Florida Statutes, by the filing of a notice of appeal tender rule 9.1 10 of the Florida Rules of Appellate Procedure with the Clerk of the Department in. the Office o.fC;eueral Counsel, 3900 Commonwealth Boulevard, Mail Station 35, "Tallahassee, Florida. 32399-300(): and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal- The notice of appeal must be filed within 30 clays from the date when the final order is filed with'the Clerk of the Department. The applicant, or any party within the meaning of section 37.:3.114( 1)(a) or 373.4'?75 of't'he F,S., inay also seek appellate review of this order before the Land and Water Adjudicatory C'omrr.iissio.n under sectioii 373.114( . 1) or 373,4275 of the ES. Requests for re.+iew before the Vaud. and Water Adjudicatory Commission inw4 be filed with the Secretary of the Commission and served on the Department within 20 days froin the date when the final order is filed with the Clerk of the Department- "I"lie applicant, or any party within (lie meaning; of paragraph 20255(5)(a) of the F_S., may also seek appellate review of the order before the Land and Water Acljudicatory Commission irnclt;r subsection 20.255(5) ofthe F.S. Requests for review before the Land and Water Adjud.icatory Commission must be filed with the ;Secretary of the (,oni.missi.on and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. City of Clearwater File no.: 52-0293 3 14-001 Pa-e 8 of 8 I I I Iii , ",il ll! I II 1 ? i • i'?I I ' L. Yii'• I 'i.ili • F ? I I ',,'i i "1 I :jI :. j?. I ' I . il , t I ? I r I , I , `I. ?i II ?; r it I II lil II , ';h I k?„Ir ? ;! i I; I Lt, ?i l Il I ', I. , I r Il «II Ilil; ,Il 'l ? I I p,ii,,1'I . i I p' l,l I u, II I' 4• I r I (r .k I: L. r '. I I I I I 11 I I I r I . i' Il jl I I i I ' , k I I'I h 47 G, I? I I i M't? ' EOE ,O RT I" I L,i I I ; I r? I I.• I I I I I I I III: I ? I I,III l i n r' I II, ,II I r I , • . I , I I i I I I I ili;i II • ' ?, I, ', t I I 1 ' r , I „ I I I I I I III I I I I I fi I I I LII Ili I I I I I I , III I' ll I I' bl ' ,• II I i I I Ili r ? I I i I ' r I 1 oc dix. I I 4.1i I I I I I I . j I I I 1 I I I I I I I I , r I' it I ll'.rl . Ir I I ,;? ? I I rla ?,h? I'.? I ? i AKm 10/9/2008 TIES December 22, 2008 URS Corporation 7650 West Courtney Campbell Causeway Tampa, Florida 33607 Attn: Mr. Bozhidar Handjiev, P.E. Project Engineer RE: Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Mr. Handjiev: Pursuant to your authorization, Tierra, Inc. has completed the geotechnical engineering study for the referenced project. The results of the study are provided herein. Should there be any questions regarding this report, please do not hesitate to contact our office at (813) 989-1354. Tierra would be pleased to continue providing geotechnical services throughout the implementation of the project. We look forward to working with you and your organization on this and future projects. Respectfully Submitted, TIERRA, INC. Kevin H. Scott, P.E. Senior Geotechnical Engineer Florida License No. 65514 Larry P. Moore, P.E. Principal Geotechnical Engineer Florida License No. 47673 7351 Temple Terrace Highway • Tampa, Florida 33637 (813) 989-1354 • Fag (813) 989-1355 Florida Certificate No. 6486 TABLE OF CONTENTS PROJECT DESCRIPTION ..............................................................................................1 Project Information ......................................................................................................1 Project Scope of Services ............................................................................................1 SITE AND SUBSURFACE CONDITIONS ...................................................................... 2 General Site Information ..............................................................................................2 Potentiometric Surface Map ........................................................................................ 2 Pinellas County Soil Survey .........................................................................................2 Soil Borings ................................................................................................................. 5 Groundwater Information ............................................................................................. 6 LABORATORY TESTING .............................................................................................. 6 General ........................................................................................................................ 6 EVALUATION AND RECOMMENDATIONS ..................................................................7 General ........................................................................................................................ 7 Site Preparation ........................................................................................................... 7 On-Site Soil Suitability ................................................................................................. 7 Drainage and Groundwater Concerns ......................................................................... 8 REPORT LIMITATIONS ................................................................................................. 8 APPENDIX Boring Location Plans - Sheets 1 through 4 Soil Profiles - Sheets 5 through 7 Environmental Corrosions Series Test results - Table Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 1 of 8 PROJECT DESCRIPTION Project Information The project, as we understand it, consists of providing subsurface soil conditions along a grid of proposed pipeline alignment that totals approximately 10 miles in length. The proposed reclaimed water line will be located in two (2) areas within Clearwater, Florida. The North Region area, also named Chautauqua, will consist of approximately 23,500 feet of 4 to 6 inch diameter distribution line and 3,500 feet of 12 inch diameter force main. The Chautauqua area is located west of CR 611 and south of SR 580. The South Region, also known as Coachman Ridge, will consist of approximately 22,000 feet of 4 to 6 inch diameter distribution line and 6,000 feet of 12 inch diameter force main. The Coachman Ridge area is located west of US 19 and south of CR 576. The pipeline is anticipated to be installed via directional drilling methods. The purpose of this geotechnical study is to provide subsurface soil conditions and relevant geotechnical engineering properties as well as to provide geotechnical recommendations to guide project design and construction. Project Scope of Services The objective of our study was to obtain information concerning subsurface conditions at the site in order to base engineering estimates and recommendations in each of the following areas: 1. General location and description of potentially deleterious materials discovered in the borings which may interfere with construction progress including existing fills, surficial organics or surficial rock. 2. Identification of groundwater levels. In order to meet the preceding objectives, the following services were provided. Reviewed readily available published soils and topographic information. This published information was obtained from the "Oldsmar, Florida" and the "Safety Harbor, Florida" Quadrangle Maps published by the United States Geological Survey (USGS) and the Soil Survey of Pinellas County, published by the United States Department of Agriculture (USDA) Soil Conservation Service (SCS). Reviewed the "Potentiometric Surface of the Upper Floridan Aquifer, West-Central Florida" maps published by the USGS. 2. Executed a program of subsurface exploration consisting of borings, subsurface sampling and field-testing. We performed a total of forty-three (43) Standard Penetration Test (SPT) borings to depths ranging from 10 to 30 feet below the existing ground surface along the proposed pipeline alignment. In each SPT boring, Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 2 of 8 samples were collected and SPT resistances were measured virtually continuously for the top 10 feet and on intervals of 5 feet thereafter. At some of the test locations the boring was initially advanced with manual hand auger methods to verify utility clearances. 3. Visually classified the samples in the laboratory using the Unified Soil Classification System (USCS). Identified soil conditions at each boring location. 4. Collected groundwater level measurements. 5. Prepared this formal engineering report which summarizes the course of study pursued, the field data generated, subsurface conditions encountered and our engineering recommendations in each of the pertinent topic areas. The scope of our services did not include an evaluation of sinkhole potential or an environmental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, groundwater, or air, on or below or around this site. Any statements in this report or on the boring logs regarding odors, colors, unusual or suspicious items or conditions are strictly for the information of our client. SITE AND SUBSURFACE CONDITIONS General Site Information A review of the "Oldsmar, Florida" and "Safety Harbor, Florida" USGS Quadrangle Maps indicates that the ground surface elevation along the project alignment ranges from approximately +20 to +85 feet, National Geodetic Vertical Datum of 1929 (NGVD 29). Potentiometric Surface Map Based on a review of the "Potentiometric Surface of the Upper Floridan Aquifer, West- Central Florida" maps published by the USGS, the potentiometric surface along the project alignment ranges from approximately +0 to +10 feet, NGVD29. As previously noted, ground surface elevations along the proposed pipeline alignment range from approximately +20 to +85 feet, NGVD29. Artesian flow conditions were not encountered during the field exploration. However, the contractor should be prepared to handle this condition if it occurs. Pinellas County Soil Survey Based on a review of the Soil Survey for Pinellas County, it appears that there are nine (9) primary soil-mapping units noted along the project alignment. The general soil descriptions are presented in the following sub-sections and table, as described in the USDA Soil Survey. Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08.127 Page 3 of 8 Adamsville soils and Urban Land 0 to 5 percent sla es Unit 2 -The Adamsville soil within this unit consists of nearly level, somewhat poorly drained soil and is near the base of slopes on the upland ridge and in a few areas in the flatwoods. A seasonal high water table occurs at a depth of 24 to 42 inches. Anclote fine sand de ressional Unit 3 - This nearly level, very poorly drained soil is in depressions along drainage ways and low areas surrounding some inland bodies of water. Slopes are commonly concave and are less then 2 percent. In most years, under natural conditions, the water table is near or above the surface during wet seasons for 3 to 6 months. The water table recedes to a depth of more than 20 inches during dry seasons Felda fine sand, depressional (Unites - This poorly drained, nearly level soil is on low- lying, broad areas in the flatwoods. Slopes range from 0 to 2 percent. Under natural conditions, the water table is within 10 inches of the surface for 2 to 6 months each year Immokalee soils and Urban land _(Unit 131- The Immokalee portion of this unit is a nearly level, poorly drained soil on broad flats between sloughs. It also occurs in small areas at higher elevations in association with better drained soils. The water table normally is at a depth of 10 to 40 inches. It is within a depth of 10 inches for 1 or 2 months during rainy periods and is below 30 inches during prolonged dry periods. Myakka soils and Urban land (Unit 17) - The Myakka soil in this unit is a nearly level, poorly drained soil on broad flats between sloughs and swamps. In places it is gently sloping. The seasonal high water table is at a depth of 10 to 30 inches. Pomello soils and Urban Land, 0 to 5 percent slopes (Unit 26 - The Pomello portion of this unit is a nearly level to gently sloping, moderately well drained soil on upland ridges and on isolated small ridges and knolls in the flatwoods. The water table is normally at a depth of 40 to 60 inches, but may rise within a depth of 40 inches for a short time during wet periods Seffner soils and Urban Land (Unit 28 - The Seffner portion of this unit is nearly level and somewhat poorly drained. It is on the rims of depressions and on broad, low ridges on the flatwoods. The slope is 0 to 2 percent. In most years, a seasonal high water table is at a depth of 20 to 40 inches for 2 to 6 months and recedes to a depth of less than 60 inches during prolonged dry periods Tavares soils and Urban Land, 0 to 5 percent slopes (Unit 29 -- This nearly level to gently sloping, moderately well drained soil is on low ridges and knolls. In most years, under natural conditions, the water table is at a depth of 40 to 60 inches for 6 to 12 months and below 60 inches during very dry periods. Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 4 of 8 Wabasso soils and Urban Land (Unit 31) - The Wabasso portion of this unit is a nearly level, poorly drained soil on broad low ridges in the flatwoods. The water table is within a depth of 10 inches for 1 or 2 months during wet seasons and at a depth of 10 to 40 inches for 2 to 6 months in most years Pinellas County USDA S oil Survey Information USDA Soil Classification Permeability i / pH Seasonal High Groundwater Unit Depth (in) USCS AASHTO (m cro m sec) Depth (in) Months of year 0-6 SP-SM A-2-4, A-3 42.35-141.18 4.5-6.0 2 6-17 SP-SM A-2-4, A-3 42.35-141.18 5.1-6.5 2-3.5 June- N 17-80 sP, SP-SM A-2-4, A-3 42.35-141.18 5.1-6.5 ov. 3 0-16 SP, SP-SM A-2-4, A-3 42.35-141.18 5.6-7.8 +2 0 0 0 June- 16-80 SM, SP, SP-SM A-2-4, A-3 42.35-141.18 5.6-7.8 . - . Dec. 0-3 SP-SM, SP A-3 42.35-141.18 4.5-7.3 3-26 SP-SM, SP A-3 42.35-141.18 4.5-7.3 12 26_34 Sc-SM, Sc, SM A-2-4 4.24-14.12 - 6.1-7.8 0.0-1.0 June- Dec. 34-38 sm, SC-SM A-3, A-2-4 42.35-141.18 6.1-8.4 38-80 sm, SP-SM A-3, A-2-4 42.35-141.18 6.1-8.4 0-6 SP, SP-SM A-3 42.35-141.18 3.5-6.0 13 6-35 SP, SP-SM A-3 42.35-141.18 3.5-6.0 0 5 1 5 June- 35-50 sm, SP-SM A-2-4, A-3 4.24-42.35 3.5-6.0 . . - Nov. 50-80 SP, SP-SM A-3 42.35-141.18 3.5-6.0 0-4 SP, SP-SM A-3 42.35-141.18 3.5-6.0 17 4-22 SP, SP-SM A-3 42.35-141.18 3.5-6.0 0 5 1 5 June- 22-36 SM, SP-SM A-2-4, A-3 4.24-42.35 3.5-6.0 . . - Nov. 36-80 SP, SP-SM A-3 42.35-141.18 3.5-6.0 0-3 SP, SP-SM A-3 42.35-141.18 4.5-6.0- 26 3-44 SP, SP-SM A-3 42.35-141.18 4.5-6.0 2 5 3 5 June- 44-59 sm, SP-SM A-2-4, A-3 14.12-42.35 4.5-6.0 . - . Nov. 59-80 SP, SP-SM A-3 42.35-141.18 4.5-6.0 0-16 SP, SP-SM A-2-4, A-3 42.35-141.18 4.5-7.3 28 16-29 SP SP-SM A-2-4, A-3 42.35-141.18 4.5-7.3 1.5-3.5 June- N v 29-80 SP, SP-SM A-2-4, A-3 42.35-141.18 4.5-7.3 . o 29 0-5 SP, SP-SM A-3 42.35-141.18 3.5-6.5 3 5 June- 5-80 SP, SP-SM A-3 42.35-141.18 3.5-6.5 . -6.0 Dec. 0-5 SP, SP-SM A-3 42.35-141.18 3.5-6.5 5-26 SP, SP-SM A-3 42.35-141.18 3.5-6.5 J 31 26-36 sm, SP-SM A-2-4A-3 4.24-14.12 4.5-7.3 0.5-1.5 une- O t 36-50 SC, SC-SM A-2-4, A-2-6 0.42-1.41 4.5-8.4 c . H5 0-80 SM, SP-SM A-2-4, A-3 42.35-141.18 7.4-8.4 Urban Land consists of areas where most of the soil surface is covered with impervious materials, such as buildings and paved areas. This land type consists of areas where the original soil has been modified through cutting, grading, filling, and shaping or has been generally altered for urban development. Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 5 of 8 It should be noted that information contained in the USDA Soil Survey may be outdated. Recent development in the project vicinity may have modified existing soils or surface/subsurface drainage, and therefore may not be reflective of current subsurface conditions. Soil Borings The subsurface conditions were explored by performing a total of forty-three (43) SPT borings. The SPT borings were performed using drill equipment with Bentonite Mud drilling procedures. The soil sampling was performed in general accordance with American Society for Testing and Materials test designation D-1586. In the majority of the borings, SPT resistances were measured virtually continuously from the ground surface to a depth of 10 feet and on intervals of 5 feet thereafter. In Borings B-5, B-7, B-15, B-16, B-28, B-29, B-40, B-41 and B-43, the initial 4 feet of the boring depth was performed with a hand auger to verify utility clearance. As each soil type was revealed, representative samples were placed in air-tight jars and returned to our office for confirmation of the field classification by a geotechnical engineer. The SPT borings were located in the field by Tierra personnel using handheld Global Positioning System (GPS) units as well as base map information provided by URS Corporation. The approximate boring locations are presented on the Boring Location Plans in the Appendix. The soil strata encountered in the borings performed at the proposed project site are summarized in the following table: Stratum Soil Description USCS Number Symbol 1 Asphalt ---* 2 Brown to Gray Fine SAND to Fine SAND with Silt Often SP/SP-SM With Clay and/or Limerock Fragments (FILL) 3 Light to Dark Brown to Gray Fine SAND to SAND with Silt SP/SP-SM 4 Dark Brown Fine SAND to SAND with Silt with Organic SP/SP-SM Stain 5 Brown to Gray Silty SAND SM 6 Brown to Gray Clayey SAND SC 7 Brown to Gray to Orange Clayey SAND to Sandy CLAY to SC/CL/CH CLAY 8 Weathered Limestone ---* 9 Black Organic Silty SAND PT * USCS does not have a classification symbol for these materials Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 6 of 8 The subsurface soil stratification is of a generalized nature to highlight the major subsurface stratification features and material characteristics. The soil profiles included in the Appendix should be reviewed for specific information at individual boring locations. These profiles include soil descriptions, stratifications and penetration resistances. The stratifications shown on the boring profiles represent the conditions only at the actual boring location. Variations may occur and should be expected between boring locations. The stratifications represent the approximate boundary between subsurface materials and the actual transition may be gradual. Groundwater Information The groundwater level was encountered at depths of approximately 4 feet to greater than 10 feet below the existing ground surface at the locations of the borings performed. It should be noted that groundwater levels tend to fluctuate during periods of prolonged drought and extended rainfall and may be affected by man-made influences. In addition, a seasonal effect will also occur in which higher groundwater levels are normally recorded in rainy seasons. We recommend that the Contractor determine the actual groundwater levels at the time of construction to evaluate potential impacts to the proposed construction. LABORATORY TESTING General Representative soil samples collected from the borings were classified and stratified in general accordance with the USCS Soil Classification System. Our classification was based on visual observations, using results from laboratory testing as confirmation. Laboratory tests included grain size analyses, Atterberg Limits, organic content and natural moisture content determinations. In addition, environmental corrosion tests were performed to evaluate the corrosive nature of the soils encountered. The following list summarizes the laboratory tests performed by type and quantity: • Organic Content 3 • Natural Moisture Content 7 • Grain Size Analyses 16 • Atterberg Limits 4 • Environmental Corrosion Series 4 The laboratory test results are presented on the soil profiles sheets in the Appendix. The results of the environmental corrosion series are presented in the Table in the Appendix. Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 7 of 8 EVALUATION AND RECOMMENDATIONS General Based on the results of the borings and experience with similar projects, the soils encountered along the project alignment appear suitable for support of the proposed reclaimed water line. Tierra recommends utilizing the applicable City of Clearwater specifications for construction of the proposed pipeline. Very dense sandy soils were encountered in Borings B-8 and B-16 within a depth of 10 feet below the existing ground surface. Difficult drilling may be encountered in these areas. The following report sections present our geotechnical recommendations with respect to the proposed pipeline construction. Site Preparation Prior to construction, the location of any existing underground utilities within the construction area should be established. Provisions should be made to relocate any interfering utility lines within the construction area to appropriate locations and backfilling the resulting excavations with compacted structural fill. In this regard, it should be noted that if abandoned underground pipes are not properly removed or plugged, they might serve as conduits for subsurface erosion, which subsequently may result in excessive settlement. Material suitable for re-use may be stockpiled; however, any material stockpiled for re-use shall be tested for conformance to material specifications as indicated in the following sections of this report. On-Site Soil Suitability The subsurface soil conditions encountered are presented in the Appendix. The suitability of the soil for reuse in construction should be evaluated against the project engineering fill requirements. Variations in the subsurface stratification should be expected between borings. In general, the soils of Strata 2, 3 and 4 (SP/SP-SM) may be moved and used for grading purposes, site leveling, general engineering fill, and trench backfill, provided the fill is free of organic materials, clay, debris or any other material deemed unsuitable for construction and evaluated against engineering fill requirements. Report of Geotechnical Engineering Services Clearwater Reclaimed Water Distribution Systems Design Pinellas County, Florida URS Project No. 12008021.00000 Tierra Project No. 6511-08-127 Page 8 of 8 Drainage and Groundwater Concerns The groundwater levels presented in this report are the levels that were measured at the time of our field activities. Fluctuation should be anticipated. We recommend that the Contractor determine the actual groundwater levels at the time of the construction to determine groundwater impact on his construction procedure. REPORT LIMITATIONS Our professional services have been performed, our findings obtained, and our recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices at the time of this report. Our geotechnical engineering evaluation of the site and subsurface conditions with respect to the planned Clearwater Reclaimed Water Distribution Systems Design project, and our recommendations are based upon the following: (1) site observations, (2) the field exploratory test data obtained during the geotechnical study, and (3) our understanding of the project information and anticipated grades as presented in this report. This company is not responsible for the conclusions, opinions or recommendations made by others based on these data. The scope of the exploration was intended to evaluate soil conditions within the influence of the proposed improvements. The analyses and recommendations submitted in this report are based upon the anticipated location and type of construction and data obtained from the soil borings performed at the locations indicated and does not reflect any variations which may occur among these borings. If any variations become evident during the course of construction, a re-evaluation of the recommendations contained in this report will be necessary after we have had an opportunity to observe the characteristics of the conditions encountered. The scope of services included herein did not include an evaluation of sinkhole potential or any environmental assessment for the presence or absence of hazardous or toxic materials in the soil, surface water, groundwater, air, on the site, below and around the site. Any statements in this report or on the boring logs regarding odors, colors, unusual or suspicious items and conditions are strictly for the information of URS Corporation and the City of Clearwater. APPENDIX Boring Location Plans Soil Profiles Environmental Corrosion Series Test Results - Table 4 ? x N O O W G)ix2 ? TIT TIT! o ? O A in 4 z O 1 m 0 w ? o ? N V A mm ? o m n ?n [mi a m S r 2 c m mm „ n a O m ? z ? C rn c p m m C y O Z N 2 m m i t Cm) ? H N O O m 4 (A C ? P$ o A 2 €=n X09 b v Fl Y 4 "s O? m Q w ? 0 N V z m a w C 2 b C a N m m b m n x a n a r m a b a m m z N m n m N 3 m ? m z v a z 0 9- a k l, A ??°lo n m m ti o°, o r? r n Z 4 ? 38 ?q x E X N °o 03gR CCP 01 z W e=n O m 13) a 0 m v a m? N V 2 s n O G 2 T O A n 0 x m Q Q m O n x z 9 M Z m m z a to m C mm w DEPTH IN FEET 'o N a FrFFTM7j` 3 awa D7 00 W b OEM \.::: 000 " b P ? m 0 0 b G a \\\\\ c O O • N 'A b N 0 S b N N x .. W ............. 0 IIIIIIIIIII DEPTH IN FEET xp?1^M"y°TaTmyy pKr$yK m mm°1?1; prp< K2B0? v 9z a ?r~e °m;ma I c ?y z w v T $ m Fn [ c ?O m ? ° ?mmAN? 9 tititi PP11 j gpmsy OeoAm W 9?ry YDv?fO FAI ZZz A°me? ?v z x DEPTH IN FEET S b r O 00 F-2. N?a b O p O n a ? N ?w m v n g L.momA? ?m o A il. 'Ip b a a CD O a e OEPtH IN FEET - F n n a a m v x H b T r z T x z c? v o c T m n C C R Z° 3m O O O r m b[ z z -0 x ? x n 9 c? ° A p c o ? o p? a a ?p ?r s _ yy n c o S q zm a ye m c rr ° _ z m n ' v zo n m x m J i? i m$ ? r D n v? my m ; z 2 a A ?zzm m 0 0 DEPTH IN FEET 4 b m A e by W N N + b A P m CA W b A w m 'c p N 'o b ?J S Y m 0 b ? m T cn 0 10 0 m r rmA V, DEPTH IN FEET 0 0 0 0 0 0 0 0 0 m I A m 9 nA yzx O O yz O m z O g L nm p fo p 9 A 1 y ' K ? p r Y 12. ? ?m ;p ?.a }w pm m z j i y Iy o a m s x x 8 o o Ci ° _ i m 5 v 0 v o ?z z m s ? ° r 3 r n y a E i as a N 0 m cbgx2 m a A WTI Z P ?xa a v 0 v m I LL! pl s? z? 0 m m 0 cn m ? s F N V A r m a ? z ? o m o rA= n n uo r r C1 n m c 2 in W Z O 7- mm r Z m p ao rA O n ? c A m m w zZ U) x m 1 1111 -wi??pmll p° MGM r SN t mm3mC o m 5C r ? ?y $ w m5 ?p n g ss m m m3 g? ? g11;: my " 099 jpm m 5d `?P ? ? ?8xaz ?? DEPTH IN FEET DEPTH IN FEET a a o a 8 1. w q N ? N A q O. ..0. W q N rn S 9F?? P P S b nn NOV ? S; 1' • P ? N q ?i W A q V 'A p o rn M q x x 0 Y b m N q W Q m p e 0 0 z ? - w q V 'e ....................... ®ON o 0 q = m q m y I..I.I.J.1.-?..1--? I I I I I I I I I I I I I I I I I I I 1 ?.11 11.L1 1 1 LJ O P e ]° p p G O G O DEPTH IN FEET DEPTH IN FEET °- F -z, m 9 = M q 0 0 0 0 0 0 0 0 0 oq pp yy 3 ®®®®EIME10 II 7 o x n 1n z M Q Y mI?i2I D y= a m yz a op$Q m m y z a //''''?? 3 a O v m> F m s i OO O m SZ V/ x$ 8 A. ?^m?$ a? m ?a yY s=m z o mN c s e ° 3 $T 2 eC°_ ??n z y'y p y z m N m O O S P> m z P z w Z 3 -y 10 ` ? m -:a c c e '" c q d H 3 z N m a) z w m C ?n 0 m r 4 z p m 0 0 ; ;1 'a1 N N r m n ? z C ? m o a ? x x z ?a MO a m r r n n m c x Z MM rr n a A 0 C In n m IT! 1 W 0 2 w m q aF I92MU mvS c p m n ss m m? m$yW ?°.?al?pIpnn ?KGW'?+ ^m b °°°Ar m~ ~?OA r m u y _ + LS _ 2 a x $ DEPTH IN FEET e "d N e N o b w CID b x x A m O g n n° q F F a rr x x a a ? O N LW A N 0 0 0- m 0 aN sF?e b A A 0 H 0 0 N P gg ., ems:\ma ?i m ?p21 s m °- F n q 8 s a m o ? ? N e u e DEPTH IN FEET 9 a H a m a ?+ y A i 3 0 0 M- v o Y G; x m O n A i C mmm C A P z C9 m O y a gKg 3 D C P y?ry x g o a °m ° aj m C p s 0 m a S c z o n a o `n i W '? X j A 9 z m H p ay W ® WD .0 S p n yC C m~ m m a C 3 z v $ c b a p a g a m a ?w ~ a 63 x -a m c m v 0 F O TF m cn 0 0 0 0 0 0 0 0 0 m m o m m m El ol n sA b a a ap Op W ? m Z. K ~ ?a K p ra a m W= - 9z ?m g s? Z gga A. m Z A zQ ; C=a a O $ o m a m ? ~ p ~ H p b m? ?? 0 r H r 3 TIERRA SUMMARY OF CORROSION TEST RESULTS Clearwater Reclaimed Water Distirbution Systems Design Tierra Project No: 6511-08-127 Boring pH Resistivity Chlorides Sulfates Environmental Classification* Number Depth (ft) (FM 5-550) (ohm-cm) (ppm) (ppm) (Soil) (FM 5-551) (FM 5-552) (FM 5.553) Steel Concrete B - 45 4.0 - 6.0 6.2 15,000 30 4.8 Moderately Aggressive Slightly Aggressive B - 32 4.0 - 6.0 6.8 14,000 45 14.4 Moderately Aggressive Slightly Aggressive B - 21 4.0 - 6.0 5.8 20,000 30 a2.4 Extremely Aggressive Extremely Aggressive B-11 4.0 - 6.0 6.4 23,000 30 2.4 Moderate) Aggressive Slightly A ressive As per FDOT Structures Design Guidelines, Table 1.1, Updated July 7, 2007 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND .....................................................................................................................1 CONTRACT .................................................................................................................................. 3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ..................................................... 6 PROPOSAL BOND ...................................................................................................................... 7 AFFIDAVIT .................................................................................................................................. 8 NON-COLLUSION AFFIDAVIT ............................................................................................... 9 PROPOSAL .................................................................................................................................1.0 CITY OF CLEARWATER ADDENDUM SHEET .................................................................1.3 BIDDER'S PROPOSAL ..................................................................Error! Bookmark not defined. SectionV-1.doc i 9/24/2008 NOTICE AND FRONT PAGE Executed in .., Counterparts THIS BOND IS FURNISHED IN COMPLIANCE WITH FLORIDA STATUTE 255.05. THE PRINCIPAL HEREIN HAS ENTERED INTO A WRITTEN CONTRACT WITH THE STATE OF FLORIDA, A COUNTY OR POLITICAL SUBDIVISION THEREOF OR ANOTHER PUBLIC ENTITY WITHIN THE STATE OF FLORIDA. UNDER THE PROVISIONS OF FLORIDA STATUTE 255.05 THIS PAGE MUST BE ATTACHED AS THE FRONT PAGE OF THIS BOND. ALL OTHER BOND PAGE(S) ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBER(S) THAT MAY BE PRINTED THEREON. REFERENCE IS MADE TO AND ALL PERSONS ARE DIRECTED TO THE NOTICE AND TIME LIMITATION PROVISIONS OF SECTION 255.05 AS CONTAINED IN SECTION 255.05(2)(a)(1.) AND SECTION 255.05(2). ATTACHED TO AND FORMING PART OF BOND NO.: B8889489 CONTRACTOR NAME: Gregory Electric Company, Inc. CONTRACTOR ADDRESS: P O Drawer 1419 Columbia, SC 29202-1419 CONTRACTOR PHONE NO.: 803--748-1122 SURETY COMPANY: MICINNATI INSUPJ NCE C MPA JUM P. 0. BOX. 14596 C C TI O 45250-5496 SURETY COMPANY PHONE NO.: W3) 870-2000 OWNERNAME: City of Clearwater OWNER ADDRESS: 100 S. Myrtle Avenue Clearwater, FL 33756-5520 OWNER PHONE NO.: 727-562-4750 OBLIGEE NAME: (if contracting entity is different from the owner, the contracting entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $2,172,942.57 CONTRACT NO.: (if applicable) Project # 07-0053-UT DESCRIPTION OF WORK: Chautauqua/Coachman Ridge Reclaimed Water Project PROJECT LOCATION: Old Coachman Road & NE Coachman Road Clearwater, FL LEGAL DESCRIPTION: (if applicable) CERTIFICATE OF CORPO TE I CUMBENCY AND AUTHORITY IN RE: Gregory Electric Company, Inc. (the "Corporation") Name of Corporation I, the undersigned officer of the Corporation hereby certify that I have reviewed the books and records of the Corporation, and that the individuals named below are the officers of the Corporation holding the title indicated: Robert E Livingston, Jr. Lisa M Phillips President / Chairman Vice President/Board Member and that Lisa M Phillips, in their capacity as officers(s) of the Corporation (as set forth above), each individually has the authority to sign,seal, deliver, negotiate accept and enter into agreements, contracts and other instruments or documents by and on behalf of the corporation in accordance with the Bylaws of thecorporation and under the authority of the Board of Directors of the Corporation with Gregory Electric Company, Inc. and/or its subsidiaries and affiliates and the officers, directors and employees of each. WITNESS our hands and seals as of the 1st day of July, 2009. Affix corporate seal here (if applicable) President Assistant Secretary/AssistantC ntroller RECEIVED JUL 2 2009 CRY OF CLEARWATER ENGINEERING DEPARTMENT BOND NUMBER: &2?&2 ? CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we GREGORY ELECTRIC COMPANY, INC. Contractor and CINCINNATI INSURANCE COMPANY (Surety) whose home address is P. O. BOX 14596, CINCINNATI, OHIO. 45250, HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of. TWO MILLION, ONE HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FORTY-TWO DOLLARS AND FIFTY-SEVEN CENTS ($2,172,942.57) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated theme day of , 2009, entered into between the Contractor and the City of Clearwater for: CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 CONTRACT BO (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 2nd day of Jul 2U, GREGORY LEC C MY, INC. CONTRACTOR .. f By: TTEST: Cincinnati Insurance Company SURETY WITNESS: COUNTERSIG . By. ? . ATTORNEY-IN-FACt.U Susan R. Huffstetler Page 2 THE CINCINNATI INSURANCE COMTANY • Paiifield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Robert: E. Livingston; Raye H.'Livingston and/or Susan R. Ruffstetler of West Columbia, South Carolina its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVEb, that the resident or any Vice President be hereby authorized, and empowered to appoint. Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertaldngs, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or,Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with, respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN V=gFS S WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 1st day of August, 2004. THE CINNATI INSURANCE COMPANY 3 CMIRPORATE r SEAL Senior Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 1 st day of August, 2004, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no explration 1Fdate. Section 147.08 O.R.G. fp,_ I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and sea! of said Company at Fairfield, Ohio. this 2nd day of July, 2009 sgacta{naare0c cS WRPORATE• a?S EAL ,? nH{o . Secretary V POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE Your policy (or the policy proposed to you) contains coverage for certain losses caused by terrorism. Premium: We are required to notify you of the portion of the premium, if any, attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act of 2002. a The portion of your. premium that is attributable to coverage for terrorist acts certified under the Act is $ -0- ..... Federal Particination: The Act also requires us to provide disclosure of federal participation in payment of terrorism losses. Effective November 26, 2002, under your policy (or the policy proposed to you), any losses caused by certified acts of terrorism would be partially reimbursed by the United States Government, Department of Treasury, under a formula established by federal law. Under this formula, the United States pays 909/0 of covered terrorism losses exceeding the statutorily established deductible paid by the Insurance company providing the coverage. Act of Terrorism: As defined in Section 102(1) of the Act, the term "act of terrorism" means any act that is certified by the S ec- retary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, td be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infra structure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civil- ian population of the United States or to influence the policy or affect the conduct of the United States GOv- ernment by coercion. CONTRACT This CONTRACT made and entered into this _J-7_ day of , 2009 by and between the City of Clearwater, Florida, a municipal corporation, hereALUMBIA, fte designated as the "City", and GREGORY ELECTRIC COMPANY, INC. of the City of County of RICHLAND and State of SOUTH CAROLINA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) FOR THE SUM OF: TWO MILLION, ONE HUNDRED SEVENTY-TWO THOUSAND, NINE HUNDRED FORTY-TWO DOLLARS AND FIFTY-SEVEN CENTS ($2,172,942.57) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within, the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of 1000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per dda shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ?. cw?66 - G9 - e?- 7 Z William B. Horne, II City Manager Countersigned: By: Fr Hibbard, Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Company or Individual.) \e chi c. CS. Sr?C . aQQf )Q- (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Attest: .(Seal) Z_- 8-0r4-? 601a E. Goude , Ci lerk Approved as to form cdal- Leslie Doug des Assistant City Attorney (Contractor) EAL Page 5 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM STATE OF SOUTH CAROLINA COUNTY OF RICHLAND On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of GREGORY ELECTRIC COMPANY, INC a South Carolina Corporation, with its principal place of business located at 2124 COLLEGE STREET, COLUMBIA, SOUTH CAROLINA 29202 herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2009 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This day of , 20 GREGORY ELECTRIC COMPANY, INC. AFFIANT BY: NOTARY PUBLIC My Corninission Expires: PRESIDENT Page 6 PR POSAL B ND (Not to be tilled out if a certified check is submitted) KNOWN ALI., MEN BY THESE PRESENTS: That we, the undersigned. ..Grego Electric Com n Inc. as Principal, and ._ Cincinnati . In4„ =?e Company as Surety, who's address is -P O Box 14596 _ Cincinnati, OH 45250 are held and firmly bound unto the City of Clearwater, Florida, in the suns of 10% of Amount Bid Dollars (`l; ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of __ Grebe ary_ Electric Company, Inc.. as Principal, and Cincinnati Insurance Company as Surety, for work specified as: CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 7th day of May 2009 (Principal must indicate whether C; F, r_ - rr. lect.c_.Company, Inr.. corporation, partnership. company or individual) Principal The person signing shall, in his own r handwriting. sign the Principal's By; ce ???Nn+++/ltt' name, his own name and his title: Title the person signing for a corporation must, by affidavit, show his authority Cincinnati Insurance Company to bind the corporation. Surety Susan R?t4u tlar Attorney-in-fact Secuon`VLdoc Pagc 7 of 17 9/2412(X)8 THE CINCINNATI INSURANCE COMTANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in'the City of Fairfield, Ohio, does hereby constitute and appoint Robert: E. Livingston; Raye H.'L vingston and/or Susan R. Huifstetler of West Columbia, South Carolina its true and lawful Attomay(s)-in Fact to sign, execute, seal and deliver on. its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint. Attorneys-in Fict of the Company to execute any and all bonds, policies, undertalfln.gs, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such, appointment or authority. Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." . This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adepted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or,Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WiTN)?S8 WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 1st day of August, 2004. 0 `flaw. THE CINNATI INSURANCE COMPANY ?Q 0DRPORATE SEAL pH10 ' Senior Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 1st day of August, 2004, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. a MARK J. Ft LLER, Attorney at Law aw ?' NOTARY PUBLIC - STATE OF 01410 My oommisslon has no expiration ??gE;Le?'? date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 7th day of may, 2009 e? ?a? lnaueoaC. C v CORPORATE 9 Secretary a SEAL ?? POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE Your policy (or the policy proposed to you) contains coverage for certain tosses caused by terrorism. Premium: We are required to notify you of the portion of the premium, if any, attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act of 2002. a The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is Federal EqrtlclggiLaM The Act also requires us to provide disclosure of federal participation in payment of terrorism fosses. Effective November 26, 2002, under your policy (or the policy proposed to you), any losses caused by certified acts of terrorism would be partially reimbursed by the United States Government, Department of Treasury, under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance companY providing the coverage. Act of Terrorism: As defined in Section =(1) of the Act, the term "act of terrorism" means any act that is certified by the S ec- retary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infra- structure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civil- ian population of the United States or to influence the policy or affect the conduct of the United States Gov- ernmentby coercion. GREGORY ELECTRIC CO. PROFESSIONAL LICENSES State License T e License Number Expiration Date Alabama General Contracting 25484 8/31/09 (Unlimited) Florida Electrical Contracting EC-0001990 8/31/09 Florida General Contracting GC-1505142 8/31/09 Florida Underground CVC-1223801 8/31/09 Georgia Electrical Contracting EN211660 6/30/09 (Unrestricted) Louisiana State License Electrical 38283 12/31/09 Mississippi Certificate of 12992 10/13/09 Responsibility North Carolina General Contracting 32017 12/31/09 North Carolina Electrical Contracting 13985-U 6/30/09 (Unlimited) South Carolina Electrical Contracting M-2093 10/31/09 (Class: EL5, LP5, AC5) South Carolina General Contracting G - 12509 10/31 /09 (Class: I U5, BD5, PL5, WL5) Tennessee Electrical and Gas 50448 9/30/09 Pipeline Tennessee Contractor 41368 1/31/10 (Unlimited) Texas Certificate of Authority 140380 None Virginia Class A Contractor 2701 024056A 11/30/09 (Class: Electrical) . NON-COLLUSION AFFIDAVIT STATE OF FEORMV ) COUNTY OF ` tt 1 1?'l -F? 1 L 1 S being, first duly sworn, deposes and says that he is r ,? A I of c. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. w. Affiant Sworn to and subscribed before me this ?h day of '-M , 2009. Notary Public My Commission Eves August 2Y, 2010 SectionV-1.doc Page 9 of 16 9/24/2008 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) and doing such other work incidental thereto, all in accordance with the contract documents, marked CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: SectionV-Ldoc Page 10 of 16 9/24/2008 PROPOSAL . (2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto is a bond or certified check on Bank, for the sum of (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment, or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contin ent upon the award of the contract to the bidder). Gre_5om C- 1P_Q fic o - 11NC , NAMES: ADDRESSES: 1 V 1 C16?6, ? Y, .?.? V C? . 2 (1 v- 12- m ?d c1c) n cz. S? Signature of Bidder: (The bidder must indicate whethe otporatio , Partnership, Company or Individual). X r I l>?'es? Cdurytb;a S C 2-ci SectionV-1.doc Page I 1 of 17 9/24/2008 PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. Principal: Cx_ W\ - ter 1111 By: (_Z?2d AL I- IM V1.1 C1E - H e?(KJOI Business Address of BidderT 1 q City and State: LI OL Zip Code 2? WQ_ Dated at . ly)• , this l? day of MOM , A.D., 2009 SectionV-l.doc Page 12 of 17 9/24/2008 CITY OF CLEARWATER ADDENDUM SHEET CHAUTAUQUA/COACHMAN RIDGE RECLAIMED WATER PROJECT (07-0053-UT) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. Date: -C? Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: 0--,ren Q Cl U C " C- (Nam f Bid r) (Signature of Officer) (Title of Officer) ,?- (, - cI (Date) SectionV-1.doc Page 13 of 17 9/24/2008 BIDDER'S PROPOSAL PROJE CONT CT: Chautauqua/Coachman Ridge Reclaimed W RACTOR: 14 ater Pr oject (PROJECT # 07- 0053-UT) Bid Tab Ta ble Bid Item Description Unit Quantity Unit Price Amount # 1 Mobilization (3.5% Maximum) LS 1 $ $ 2 Maintenance of Traffic (1.5% Maximum) LS 1 $ $ A,-1 CbLo 3a F&I 4" Certa-Lok PVC Pipe by Horizontal Directional LF 43,040 $ eo $ ?1- Drill -- 3b F&I 6" Certa-Lok PVC Pipe by Horizontal Directional LF 2,690 $ [? Drill F&I 8" Certa-Lok PVC Pipe by Horizontal Directional LF 230 $ 1 $? r 3c 3d Drill F&I 12" Certa-Lok PVC Pipe by Horizontal Directional LF , 5,760 $ $ 3-31 Drill F&I 12" Fusible PVC Pipe by Horizontal Directional $ $ 3e Drill on Landmark Drive as shown on Sheets 32 to 35 LF 3,230 j '??7 of the Construction Drawings , 3f F&I 4" HDPE Pipe by Horizontal Directional Drill LF 4U 450 $ $ 142 05 3g F&I 8" HDPE Pipe by Horizontal Directional Drill LF 670 $ a . ?$ $ ?(p 3h F&I 10" HDPE Pipe by Horizontal Directional Drill LF 70 $ 010 $ 3i F&I 16" HDPE Pipe by Horizontal Directional Drill LF 770 1 $ u 333 4a F&I 4" Certa-Lok PVC Pipe by Open Cut LF 3,020 $ 1 $ $([9.`rG 4b F&I 6" Certa-Lok PVC Pipe by Open Cut LF 280 $ bss c 4c F&I 8" Certa-Lok PVC Pipe by Open Cut LF 130 $ . $ 5 -?Q !SG 4d F&I 12" Certa-Lok PVC Pipe by Open Cut -??-? LF 260 $ $ (a ?a 4e F&I 4" HDPE Pipe by Open Cut LF 1,290 $ $ 4f F&I 8" HDPE Pipe by Open Cut LF 120 $ 1 35 $ $a 5a F&I 12" Fusible PVC Pipe by Jack & Bore with 24" LS 1 $ k 9 $ r Steel Casing CSX Railroad and S.R. 590 Crossing) Y F&I 6" Fusible PVC Pipe by Jack & Bore with 14" 5b Steel Casing (Crossing Old Coachman Rd at Farrier LS 1 $n ?T11 Trail F&I 4" Fusible PVC Pipe by Jack & Bore with 12" 5c Steel Casing (Crossing Old Coachman Rd at LS 1 $ r ^? ` 40 l?! $ ?1?1 4) p Wetherin ton Road , F&I 8" Fusible PVC Pipe by Jack & Bore with 18" 5d Steel Casing (Crossing Old Coachman at Manor Blvd. LS 1 $ 1 l? $ 1 U 6a N F&I 4" Resilient Wedge Gate Valve & Valve Box EA 88 $ $ . Ala $ 4? SectionV- l.doc Page 15 of 17 9/24/2008 F1 Bid Item Description Unit Quantity Unit Price Amount 6b F&I 6" Resilient Wedge Gate Valve & Valve Box EA 7 $ 3.1. ill $ 6c F&I 8" Resilient Wedge Gate Valve & Valve Box EA 5 $ (oa $ IO 6d F&I 12" Resilient Wedge Gate Valve & Valve Box EA 8 $ al $ IK 7 F&I 4" Blow-off Assembly, Reclaimed Water System EA 17 $ ( )0r>,s $ Ja U 0$10 8 F&I 1" Short Side Service Assembly for Reclaimed EA 430 $ 0 ,4U4 $ 1' 7gs Water System ._ 9a F&I Single 1" Long Side Service Assembly for EA 307 $ 4 0' $ )3 3 CIO U Reclaimed Water System 2 Casing) 1 9b F&I Dual 1" Long Side Service Assembly for " EA 60 $16,00 $ 5 ?$ Casin Reclaimed Water S stem 4 9c F&I Single 2" Long Side Service Assembly for " EA 20 $ (? + $ R 3 Casing) Reclaimed Water System 4 10 F&I Combination Air Valve & Polyethylene Cover EA 6 $1050- $ lla Connect to Existing 16" Reclaimed Water Main at EA 1 gga5 $ as Union Street and Landmark Drive l lb Connect to Existing 24" Reclaimed Water Main at Old EA 1 V $ 5 qq + $ 5?q Coachman Road North of Sharkey Road , ' 12 Root Pruning LF 1,000 $ $ 13 Tree Barricades C.>- 1'L-09 LS 1 $ lsuv $ S Sod Restoration as Directed by the Owner or the j ' SY 250 $ ` ?5 $ ect Re resentative s Authorized Pro Owner E Concrete Driveway Restoration as Directed by the ?? 5-12-00, 15 Owner or the Owner's Authorized Project SY 10 $ $ I Re resentative i?< - Cf Concrete Sidewalk Restoration as Directed by the 60 dip 16 Owner or the Owner's Authorized Project SY 100 $ 555 Re resentative ? 17 Concrete Curb Restoration as Directed by the Owner or j LF 100 SL $ 2 $ D S C7 ect Representative the Owner's Authorized Pro % 1? 18 Asphalt Paving Restoration as Directed by the Owner or ' j SY 200 14 $ $ S 5c) ect Representative s Authorized Pro the Owner . 18a Compliance with American Recovery and Reinvestment LS 1 $ s u $ - Act Criteria u o o SUBTOTAL (BID ITEMS 1-18) 2 2-60 . V yl L?°? OA 3 19 Owner's Contingency (10%) LS 1 $ - TOTAL PROJECT COST (BID ITEMS 1-19): $ ' • S 3??ko 34 ao. 2S 1.5 1 la IL16 01 19 PROJECT: Chautauqua/Coachman Ridge Reclaimed Water ProjectrPROJECT # 07-0053-UT) CONTRACTOR: ` 2C 1a-D _J &13 BIDDER'S GRAND TOTAL $ (Numbers) CIT1 011 1 , -1 `-f 61- - SectionV-1.doc Page 16 of 17 a? 9/24/2008 nih?. hund?d -rvur4- +0jo cl)ila?s and &0 -R S2vtn cAn+s THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Alternative Bid Items 20a F&I 4" Fusible PVC Pipe by Horizontal Directional LF 43,040 I $ V " Drill 1Z 20b 6" Fusible PVC Pipe by Horizontal Directional LF 2,690 $ . z ?' + Ic7 Drill Z I 20c 8" Fusible PVC Pipe by Horizontal Directional D I LF 1 230 $ ' $ - l , O 3 7 20d F&I 12" Fusible PVC Pipe by Horizontal Directional LF 5 760 $ 3? $ t ' Drill , ? { 21a I F&I 4" Fusible PVC Pipe by Open Cut LF 3,020 $ $ > 19q 21b F&16" Fusible PVC Pipe by Open Cut LF 280 $ 23 3q $ 21c F&I 8" Fusible PVC Pipe by Open Cut LF 130 $ T5 $ t' 5 w 21d F&1 12" Fusible PVC Pipe by Open Cut LF 260 $ $ l?? TOTAL ALTERNATIVE (BID ITEMS 20-21) '" Sgio AWARD OF THE CONTRACT WILL BE BASED ON THE LOWEST TOTAL BASE BID AMOUNT, ONCE THE SUCCESSFUL BIDDER IS SELECTED, THE OWNER, AT HIS SOLE DISCRETION. MAY REPLACE ANY OF THE PVC PIPE BID ITEMS FROM THE BASE BID WITH THEIR RESPECTIVE PVC BID ITEM FROM THE ALTERNATIVE BID ITEMS. THE TOTAL PROJECT COST WILL BE REVISED ACCORDINGLY SHOULD ALTERNATIVE BID ITEMS BE SELECTED BY THE OWNER. SectionV-l.doc Page 17 of 17 9/24/2008 II. Buy American Certification Appendix.doc 10/9/2008 BUY AMERICAN CERTIFICATION Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the (Name of Construction Contract) to be partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D). Name of Co ctor bate ignature of Authorix Official V Title POLICYHOLDER MO'TICE 7 ERRORISM INSURANCE COVERAGE your policy (or the policy proposed to you) contains coverage for certain losses caused by terrorism. Premium: We are required to notify you of the portion of the premium, if any, attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act of 2002. m The portion of your, premium that is attributable to coverage for terrorist acts certified under the Act is Federal Partici anon: The Act also requires us to provide disclosure of federal participation in payment of terrorism losses. posed to you), any losses caused by Effective November 26, 2002, under your policy (or the Policy Pro certified acts of terrorism would be partially reimbursed by the United States Government, Department of Treasury, under a formula established by federal law. Under this formula, the United states pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Act of "terrorism: As defined in Section 102(1) of the Act, the term "act of terrorism" means any act that Is certified by the S ec- retary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infra- structure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civil- ian population of the United States or to influence the policy or affect the conduct of the United States Gov- ernmentby coercion.