01200_Measurement_and_Payment_Addendum.pdf

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Attached to
Lockwood Boulevard Force Main and Reclaim Water Main Construction
Solicitation number
CC-7045-26/HSM
Issued by
Seminole County, Florida

About this file

This is a Measurement and Payment Addendum for the Lockwood Boulevard Force Main and Reclaimed Water Main Construction project issued by Seminole County, Florida. The project encompasses the design, furnishing, and installation of approximately 5,502 linear feet of new water and sewer infrastructure in the Carillon service area of Sanford, Florida, including 10-inch PVC C900 and 10-inch DR-11 HDPE force main piping (approximately 3,786 linear feet) and 12-inch PVC C900 and 12-inch DR-11 HDPE reclaimed water main piping (approximately 1,716 linear feet), along with associated valves, fittings, and appurtenances. Installation will occur through open-cut trenching along an easement between Hagerty High School and West Bourne Drive residences and horizontal directional drilling along Lockwood Boulevard to the Carillon Master Pump Station. The scope also includes asphalt and concrete removal and replacement, landscape restoration, temporary traffic control, sheeting and shoring systems, wetwell modifications, utility coordination, testing and certification, and complete as-built documentation. A mandatory pre-proposal meeting is scheduled for February 20, 2026 at 9:00 AM at Carillon Community Park in Oviedo, Florida, with a question submission deadline of March 5, 2026 at 5:00 PM and bid submissions due electronically by March 18, 2026 at 2:00 PM. Substantial completion is required within 150 calendar days and final completion within 180 days thereafter.

The contract will be awarded on a fixed lump-sum basis to the lowest responsive and responsible bidder, with an engineer's estimate of $2,600,000. Liquidated damages are assessed at $250.00 per day for delays beyond substantial completion and $62.50 per day for delays beyond final completion. Bid security equal to five percent of the total bid amount is required in the form of a certified check, cashier's check, or bid bond. Upon award, the contractor must execute a Performance Bond, Payment Bond, and one-year Warranty Bond from U.S. Treasury-authorized surety companies. Contractors must be fully licensed and certified in Florida, comply with Chapter 440 Workers' Compensation requirements, and perform at least 51 percent of total work within their own organization. Insurance requirements include Workers' Compensation with statutory limits and $1,000,000 employers' liability coverage, Commercial General Liability of $1,000,000 per occurrence/$2,000,000 aggregate with Explosion, Collapse, and Underground coverage, Business Automobile Liability of $1,000,000 combined single limit, Excess/Umbrella Liability of $2,000,000 per occurrence, Pollution Liability of $1,000,000 per occurrence/$2,000,000 aggregate, and Professional Liability of $1,000,000 per claim/$2,000,000 aggregate. Minority and Women-Owned Business Enterprises are encouraged to participate. If the project is funded through FEMA disaster relief grants, federal requirements apply, including Davis-Bacon wage requirements and prevailing wage standards. Bids remain firm for 90 days following bid opening, and Seminole County reserves the right to reject any or all bids.

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LOCKWOOD BLVD FORCE MAIN AND RCW DESIGN

SEMINOLE COUNTY

01200 - 1

SECTION 01200

MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.01 DESCRIPTION

A. The Contractor shall receive and accept the compensation provided in the Proposal and the Contract as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the

Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the actual quantities of work and quantities herein estimated by the Engineer (See Section 1.01 B), or from the action of the elements of from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner.

B. The quantities set forth in the bid schedule are approximate and are given to establish a uniform basis for the comparison of bids. Contractor shall be paid for actual quantity installed and accepted by the County. The approximate quantity may increase or decrease based upon the construction.

C. The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the

Drawings and specified herein. The basis of payment for an item at the unit price shown in the proposal shall be in accordance with the description of that item in this

Section.

D. The Contractor’s attention is again called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety

1.02 INCIDENTAL WORK

Incidental Work items are items, specifically identified or not, that are an integral part of the completed project as required under the Contract Documents for which separate payment is not made. These items consist of the following, but not limited to:

A. Bonds, insurance, schedules, shop drawings, warranties, and other required submittals.

B. Permits not obtained by the Owner

C. Clearing, grubbing, stripping and disposal of vegetation.

D. Transport and disposal of excess material and demolition debris.

E. Dewatering of trenches and other excavations, including all materials, equipment and labor.

01200 - 2

F. Attendance and participation at the following meetings:

1. Two (2) public meetings

2. Preconstruction meeting

3. Construction progress meetings.

G. Preparation of a construction sequencing and phasing plans.

H. Utility crossings and minor relocations unless payment is otherwise made under other items.

I. Repair or replacement of existing culverts, underdrains, irrigation systems, drainage facilities, utilities, and other facilities impacted by construction.

J. Dust and erosion control, including the cost for implementing and maintaining controls in accordance with the Stormwater Pollution Prevention Plan (SWPPP) for the project, and placement of temporary erosion and sediment control devices.

K. Final grading and final/ temporary right-of-way restoration. All materials and Work for right-of-way restoration shall be in accordance with FDOT Standard

Specifications for Road and Bridge Construction, latest edition.

L. Horizontal and vertical survey control and construction staking, including survey for abandoned pipe.

M. Repair and restoration of property, including the removal and replacement of fences, guard rails, structures, signs, pavement markings, utility poles, mailboxes, and other items impacted by construction. All plants, shrubs, and trees damaged or removed by the Contractor's operations shall be replaced in like kind.

N. Holding/ supporting of power poles and relocation of guy wires.

O. Materials, labor, and equipment required to comply with the Occupational Safety and

Health Administration (OSHA) trench excavation safety standards and the Florida

Trench Safety Act.

P. Materials, labor, and equipment necessary to protect the structural integrity of existing paved roadways. Incidental damage to paved roadways, including damage to the existing sub-base, base, asphaltic concrete pavement and/ or· flowable fill outside the limits of excavation and repair identified in the Drawings, shall be restored/repaired at the Contractor's sole expense to the satisfaction of the Owner.

Q. Materials, labor, and equipment necessary to protect the integrity and operation of existing utilities. Any damage to existing utilities shall be repaired/ replaced at the

Contractor's sole expense to the satisfaction of the Owner.

R. Materials, labor, and equipment for construction water supply, including the cost of the water supplied by the County or other utility.

S. On-going and final cleanup.

T. Project record documentation, including the provision of "as-built'' drawings certified by a registered land surveyor.

01200 - 3

U. All other items required for completion of the Contract.

1.03 MEASUREMENT

A. The quantities for payment under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the

Owner, in accordance with the applicable method of measurement therefore contained herein.

1.04 PAYMENT

A. Seminole County will make progress payments on the basis of the Contractor’s application for payment as recommended by the Engineer, in accordance with Section

14 of the General Conditions.

1.05 SUBMITTALS

A. The Contractor shall submit a Schedule of Values on a form approved by Seminole

County.

1. The Contractor shall prepare a Schedule of Values for each portion of the work being performed under the Agreement.

2. The Schedule of Values shall reflect unit price quantities and price breakdowns from the Conformed Bid Form.

3. Bonds, insurance premiums, mobilization, demobilization, schedule preparation, equipment testing, facility startup, and contract closeout items shall be listed separately for lump sum work.

4. The Schedule of Values cannot be “front end loaded”.

5. The summation of the Schedule of Values representing the work shall equal the Contract Price.

6. The Schedule of Values shall be submitted on a CD in a spreadsheet format

(latest version of Excel).

B. The Contractor shall submit a Schedule of Estimated Progress Payments.

1. The Schedule shall be submitted with the approved Schedule of Values with adjustments made for the Applications for Payment.

2. The Schedule shall show estimated payment requests throughout the Contract

Times and shall be based on the accepted Progress Schedule.

C. The Contractor shall submit an Application for Payment for each payment period.

1. The Application for Payment shall be submitted/processed in accordance with

Paragraph 14.2 of the General Conditions.

2. Seminole County Application for Payment forms must be used including attachments.

01200 - 4

1.06 PAY ITEMS

A. Pay items for the Lockwood Blvd Force Main and RCW Design Project include:

1. Mobilization/Demobilization

a. Description: The work specified in this pay item consists of the preparatory work and operations in mobilizing for beginning work and demobilizing for ending work on the project, including, but not limited to, preconstruction videos, those supplies and incidentals to the project site, staging areas, and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, potable, sanitary and other facilities, as required by these specifications, and State and local laws and regulations. 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. The cost for production of project documents and record survey for the duration of the project and after completion of the work shall also be included in this Section.

This pay item includes mobilization, demobilization and all other described work for all parts or phases of the total project.

b. Measurement: The quantity of mobilization to be paid for under this

Item shall be measured as one lump sum quantity. The lump sum price shall not exceed 10% of the summation of the Items No. 6 through 27.

c. Payment: The quantities, as determined above, shall be paid for at the contract lump sum price set out in the front end documents for mobilization/demobilization payment schedules, which price and payment constitutes full compensation for all the work described herein.

2. General Conditions (Including Bonds, Insurance, and Indemnification)

a. Description: This pay item describes measurement and payment for the work required for the general conditions including but not limited to providing the required bonds, insurance, and permits.

b. Measurement: Measurement of various items for the general conditions including but not limited to bonds, insurance, and permits will not be made for payment and shall be included in the lump sum price. The lump sum price shall not exceed 5% of the summation of the Items No. 6 through 27.

c. Payment: Payment of the lump sum price of this bid item shall be full compensation for furnishing all labor, materials, equipment, and services necessary to provide bonds, insurance and permits, payable upon approval by Owner, paid in full within 1st pay application.

3. Pre and Post Construction Color Audio-Visual Documentation

a. Description: This pay item describes measurement and payment for the Pre and Post Color Audio-Visual Documentation.

b. Measurement: Measurement for this lump sum item to provide pre-and post-construction audio/visual documentation and construction

01200 - 5 photographs/videos successfully taken and supplied to the Owner for review and approval.

c. Payment: Payment of 50% of the lump sum price of the item shall be full compensation for furnishing all labor, materials, equipment, and services necessary to provide the pre-construction A/V documentation, payable upon approval by Owner. Payment of the remaining 50% of the lump sum price shall be full compensation for furnishing all labor, materials, equipment, and services necessary to provide the construction post-construction A/V documentation for all utility and restoration related areas. Payment for the post construction A/V documentation will be made once substantial completion has been awarded by Owner.

4. Temporary Traffic Control

a. Description: This pay item describes measurement and payment for the Temporary Traffic Control, including vehicle and pedestrian traffic.

b. Measurement: Measurement for this lump sum item will be based on the percentage of the pipe length installed (and asphalt surfacing completed) which requires temporary traffic control.

c. Payment: Payment of the appropriate percentage of the lump sum price shall be full compensation for furnishing all labor, materials and equipment necessary to provide safe and effective maintenance of vehicular and pedestrian traffic including but not limited to preparation and submittal of a complete traffic control plan, temporary lanes, walks or drainage facilities, flagmen, signs, barrels, barricades, lights and other protective devices as necessary to meet FDOT standards and specifications.

5. Off-Duty Uniformed Police Officer

a. Description: This pay item describes measurement and payment for an off-duty uniformed police officer to perform traffic and pedestrian safety control during elementary and high school pedestrian crossings hours for arrival and dismissal.

b. Measurement: Measurement for this item will be based on the actual number of days the off-duty uniformed police officer performs traffic and pedestrian safety control services.

c. Payment: Payment will be made at the contract unit price bid per day as stated in the proposal for Off-Duty Uniformed Police Officer and shall include all labor, equipment, coordination, and incidentals required for Off-Duty Uniformed Police Officer services during school crossing hours, complete and in place.

01200 - 6

6. Asphalt Removal and Replacement

a. Description: This pay item describes measurement and payment for asphalt removal and replacement as a direct result of the construction activities, not specified in the bid items below.

b. Measurement: Measurement for this item will be based on the actual square yards of open cut removal, complete roadway restoration

(including subbase, base, binder, asphalt/surface, etc.).

c. Payment: Payment shall constitute full compensation for all labor, materials and equipment for open cut removal, complete roadway restoration (including subbase, base, binder, asphalt/surface, etc.), compaction, preparation of the surface, install stabilization and base materials, disposal of existing asphalt and waste, smoothing, thermoplastic striping, traffic loops, material testing and incidental work as shown on the Contract Drawings and as specified.

7. Concrete Sidewalk Removal and Replacement

a. Description: This pay item describes measurement and payment for concrete sidewalk removal as a direct result of the construction activities, not specified in the bid items below.

b. Measurement: Measurement for this item will be based on the actual square yards of concrete satisfactorily furnished, installed, and removed.

c. Payment: Payment shall constitute full compensation for all labor, materials and equipment for concrete sidewalk installation, preparation of the surface, cast in place formwork, concrete and concrete finishes, rebar and mesh, expansion joints, handicap ramps, detectable warning surfaces, disposal of existing concrete and waste, grout repair and smoothing, material testing, and incidental work as shown on the

Contract Drawings and as specified.

8. Concrete Driveway Removal and Replacement

a. Description: This pay item describes measurement and payment for concrete driveway removal as a direct result of the construction activities, not specified in the bid items below.

b. Measurement: Measurement for this item will be based on the actual square yards of concrete satisfactorily furnished, installed, and removed.

c. Payment: Payment shall constitute full compensation for all labor, materials and equipment for concrete driveway installation, preparation of the surface, cast in place formwork, concrete and concrete finishes, rebar and mesh, expansion joints, handicap ramps, detectable warning surfaces, disposal of existing concrete and waste, grout repair and smoothing, material testing, and incidental work as shown on the Contract Drawings and as specified.

01200 - 7

9. Concrete Curb and Gutter Replacement

a. Description: This pay item describes measurement and payment for the concrete curb and gutter satisfactorily removed as a direct result of the construction activities, not specified in the bid items below.

b. Measurement: Measurement will be the actual linear footage of concrete curb and gutter satisfactorily removed, furnished, and installed.

Payment: Payment shall constitute full compensation for all labor, materials and equipment for concrete curb and gutter installation, preparation of the surface, case in place formwork, rebar and metal mesh, expansion joints, joint filler, joint seal, disposal of existing concrete and waste, grout repair and smoothing, material testing and incidental work as shown on the Contract Drawings and as specified.

10. Landscape Restoration, Sodding and Hedges

a. Description: This pay item describes measurement and payment for landscape restoration, sodding and hedges of the neighborhood green areas, disturbed front yards of homes, and verge.

b. Measurement: Measurement for this item will be based on the actual square feet of sodding or hedges satisfactorily furnished and installed.

c. Payment: Payment shall be full compensation for furnishing all labor, materials (sod/plants shall be replaced with equal to or better sod/plants removed because of construction) and equipment necessary to restore landscaping, sodding, and other related items for full work site remediation at the approval of the Owner.

11. 10-Inch PVC Force Main – Open Cut

12. 10-Inch HDPE Force Main – HDD

13. 12-inch PVC Reclaimed Water – Open Cut

14. 12-inch HDPE Reclaimed Water – HDD

a. Description: This pay item (11 - 14 above) describes measurement and payment for pipe of the size specified, type and construction method specified and includes all fittings.

b. Measurement: The quantity for payment shall be the actual number of linear feet of pipe of the size specified, type and construction method specified, satisfactorily furnished, and installed, as measured off distance at grade of the completed pipeline, regardless of the joint type required, without deduction for the length of valves and fittings.

c. Payment: Payment of the applicable unit price shall be full compensation for furnishing all labor, materials and equipment and constructing the pipeline's complete installation including, but not limited to excavation, sheeting, shoring and bracing (and/or trench box installation); backfill, rough grading, compaction, pressure and leak testing, and disinfection. This item also includes all necessary fittings, adaptors, reducers, bends, tees, wyes, caps, plugs, sleeves, restraining devices, locator plates, locate wire, and all other items incidental to the

01200 - 8 construction of the pipeline. All costs to furnish and install such items shall be included.

15. Connection to Existing Wet Well – Lockwood Blvd

a. Description: This pay item describes measurement and payment for the connection to wet well with the proposed force main as specified within the contract drawings.

b. Measurement: The quantity for payment shall be the actual pipe connection to the existing wet well, satisfactorily furnished and installed.

c. Payment: Payment will be according to the force main connection acceptably furnished and installed and the corresponding costs listed in the Schedule of Values for the connection work. This item includes furnishing and installing all fittings, sleeves, adapters, restraining devices, as shown on the contract drawings. Labor, machinery, construction equipment, excavation, bracing, shoring, sheeting, backfill, compaction, adjusting/relocating, supporting, protecting or replacement of existing underground or aboveground utilities including associated utility coordination; exploratory excavations to confirm configuration of existing pipeline; hydrostatic testing; seeding and mulching; spillway concrete reconstruction, wet well liner repair and all other related and necessary materials, work and equipment required to construct a complete connection from the new force main to the existing wet well.

16. 10-Inch Plug Valve

17. 10-Inch Gate Valve

18. 12-Inch Gate Valve

a. Description: This pay item (16 - 18 above) describes the measurement and payment for the Valve size and type specified in the Contract

Drawings.

b. Measurement: Measurement will be for the actual number of each

Valve satisfactorily furnished, installed, and incorporated into the piping system.

c. Payment: Payment of the applicable unit price shall be full compensation for furnishing all labor, materials and equipment and installing the valve complete with valve box, cover, valve box extension, operating nut extension, valve wrench, restraining devices, test station box, concrete collar, identification disk (where applicable), bedding material, adjusting top of valve box to finished grade, excavation, sheeting, shoring and bracing, backfill, compaction, grading, flushing, testing, and all incidental and related work to complete this item.

01200 - 9

19. 8-inch Tapping Sleeve and Tapping Valve

20. 10-inch Tapping Sleeve and Tapping Valve

21. 24-inch x 12-inch Tapping Sleeve and Tapping Valve

a. Description: This pay item (19 - 21 above) describe the measurement and payment for Tapping Sleeve and Tapping Valve assembly type specified for connection to existing piping, as specified in the Contract

Drawings.

b. Measurement: Measurement will be for the actual number of each type of tapping sleeve and valve connection satisfactorily furnished, installed, and incorporated into the piping system.

c. Payment: Payment of the applicable unit price shall be full compensation for exploratory excavation to verify the main size and material prior to ordering the tapping sleeve; excavation; sheeting and shoring if necessary; complying with the Florida Statutes "Trench

Safety Act"; furnishing and installing tapping sleeve, tapping valve, piping, fittings, joint materials, restraint, riser pipes, and other necessary materials; making thrust resistant joints; pressure testing the tapping sleeve; pressure testing the tapping valve in both directions before installation; placing concrete valve support pad; obtaining the services of a tapping specialist to tap the existing pipe; furnishing all materials, equipment and incidentals required to clean and test the connection; cleaning and testing the connection; placing and compacting backfill; furnishing additional suitable backfill material, if required; temporary and permanent paving repairs around the connection outside the main trench line, if necessary; legal disposal of removed pipe and debris; transportation and handling costs; satisfying permit requirements and conditions; field locating utilities; protecting existing utilities; coordinating with governmental entities; and all other appurtenant and miscellaneous items and work (not included in another bid item) for a complete, satisfactory, and functional installation.

22. Automatic Air/ Vacuum Release Valve Assembly

a. Description: This Bid Item describes measurement and payment for aboveground combination air valves with enclosure assembly for pipelines. The quantity to be paid for under this item is the number of below ground combination air valves including, tee, precast vault with hatches acceptably installed where shown on the Contract Drawings or where directed by the Owner/RPR.

b. Measurement: Measurement will be per each based on the number of combination air valves with enclosure assembly per Detail 310.

c. Payment: The unit bid price includes furnishing and installing, in accordance with the standard detail, combination air valves with enclosure assembly, fittings, valves, steel pipe, ball valve, precast structure with hatch, gravel bed, excavation, backfill, compaction, 01200 - 10 sheeting, shoring, sod replacement, erosion control, and incidental construction associated with these items.

23. Grading

a. Description: This Bid Item describes measurement and payment for the grading of the swale located to the west of the pump station so that sheet flow is moved away from the pump station towards the west.

b. Measurement: Measurement for this lump sum item will be based on the percentage of the total value of the work performed to date, proportioned to the original contract amount.

c. Payment: Payment of the appropriate percentage of the lump sum price shall be full compensation for furnishing all labor, materials and equipment necessary to regrade the area to the west of the pump station and other related items for full work site remediation at the approval of the Owner.

24. Wet Well Top Slab Replacement

a. Description: This Bid Item describes measurement and payment for the replacement of the wet well top slab including a new hatch.

b. Measurement: Measurement for this lump sum item will be based on the percentage of the total value of the work performed to date, proportioned to the original contract amount.

c. Payment: Payment of the appropriate percentage of the lump sum price shall be full compensation for furnishing all labor, materials and equipment necessary to replace the existing wet well top slab and hatch, including all site work, excavation, cutting, sealing, repairing concrete, water stops, joint sealants and other related items for a complete, satisfactory, and functional installation.

25. Field Locates at Point of Connections

a. Description: This Bid Item describes measurement and payment for field locating the existing force main and reclaimed water main beneath existing asphalt pavement specifically at the proposed points of connection. Contractor shall verify pipe size, material type, and horizontal and vertical conflicts prior to material procurement.

b. Measurement: Measurement shall be made on a per each connection point basis, where the main is identified at its proposed tie-in.

c. Payment: Payment shall be made at the contract unit price per each connection point location, which shall be full compensation for all work described above, including traffic control and furnishing of all labor, equipment, materials, and incidentals necessary to perform the locating, which may include excavation, ground-penetrating radar and electromagnetic detection. Each locate includes mobilization, saw-cutting and removal of asphalt, pipe identification and documentation, backfilling, compaction, and temporary restoration of the pavement surface.

01200 - 11

26. Clearing and Tree Removal

a. Description: This Bid Item describes measurement and payment for clearing and tree removal.

b. Measurement: Measurement for tree removal will be made per individual tree with a Diameter at Breast Height (DBH) greater than 4 inches, regardless of species or overall size. DBH is measured at 4.5 feet above ground level. Measurement includes the identification and removal of trees designated for clearing, cutting, felling, and complete removal of the tree, stump grinding or removal if specified, and disposal of all tree debris in accordance with environmental and project requirements. Trees located outside the approved limits of disturbance will not be measured unless removal is specifically authorized in writing. Trees with a DBH less than or equal to 4 inches are considered minor vegetation and will not be measured or paid for separately; their removal is considered incidental to other work.

c. Payment: Payment will be made at the contract fixed unit price per tree removed. This price includes all labor, equipment, and materials necessary for tree removal, stump removal or grinding if required, hauling and legal disposal of tree debris, protection of adjacent vegetation and structures, and restoration of disturbed areas where applicable. Additionally, the fixed unit price includes all applicable permit fees and costs associated with regulatory compliance. No additional payment will be made for trees of larger size, species, or complexity, and all incidental work required to complete the removal is considered included in the fixed unit price.

27. Tree Replacement

a. Description: This Bid Item describes measurement and payment for tree replacement.

b. Measurement: Tree Replacement shall be measured by the number of trees successfully planted in accordance with the project plans, specifications, and approved landscape restoration requirements. This includes excavation and preparation of the planting area, supply and transport of tree stock, installation of root barriers, staking, mulching, and initial watering and establishment care. Trees removed and identified for replacement as part the project shall be replaced with similar species, as approved by the Engineer, and must have a minimum caliper size of 2.5 inches Diameter at Breast Height (DBH) at the time of planting. Trees that do not survive the initial establishment period, of 90 days unless otherwise specified, shall not be counted for payment unless replaced at the Contractor’s expense.

c. Payment: Payment for Tree Replacement shall be made at the contract unit price per each tree planted. This payment shall constitute full compensation for furnishing and transporting trees of the specified size and species, excavation, soil amendments, planting, staking, mulching, 01200 - 12 watering, and maintenance during the establishment period, as well as replacement of any failed trees. No separate payment will be made for incidental work such as root barrier installation, staking, or watering unless specifically itemized in the bid schedule.

a. The contractor will be liable for all sanitary sewer overflows associated with the

Contract, regardless of fault. The Contractor will be liable for all County personnel labor and equipment costs, penalties and fines resulting from sanitary sewer overflows. In addition to any penalties that me be imposed pursuant to federal or state law, Contractor will be assessed the following penalties for any and each

Sanitary Sewer Overflow:

i. For a domestic or industrial wastewater violation not involving a surface water or groundwater quality violation, SCUD shall assess a penalty of $2,000 for each unpermitted or unauthorized event or occurrence.

ii. For an unpermitted or unauthorized discharge that resulted in a surface water or groundwater quality violation, SCUD shall assess a penalty of $5,000 for each unpermitted or unauthorized event or occurrence.

iii. In addition, for any and all unpermitted or unauthorized discharge, SCUD shall assess a penalty in the amount of $1.00 per gallon of sanitary sewer overflow, up to a maximum amount of $100,000 per each Sanitary Sewer Overflow.

b. See Appendix D for SCUD SSO SOP.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION

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