13-Appendix A - Construction Specifications.pdf

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APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC

INDIAN RIVER COUNTY

SECTOR 5 – HURRICANES IAN AND NICOLE BEACH RESTORATION PROJECT

TECHNICAL SPECIFICATIONS

PART 1 – GENERAL PROVISIONS

Table of Contents

1. Scope of Work

2. Project Description

3. Delays and Extensions of Time

4. Liquidated Damages

5. Commencement, Prosecution, and Completion of Work

6. Technical Dispute Resolution

7. Meetings

8. Submittals and Notifications

9. Order of Work, Project Schedule, and Acceptance Sections

10. Performance of Work by Contractor

11. Superintendent

12. Subcontractors

13. Engineer

14. Physical Data

15. Survey Standards and Surveyor Qualifications

16. Access, Work Areas, and Storage Areas

17. Use of Completed Portions

18. Changes and Extras

19. Safety

20. Permissible Work Days and Hours

21. Project Notification & Observation

22. Protection of Property from Work

23. Protection of Existing Structures from Construction Activity

24. Site Clean-Up

25. Electricity and Other Utilities

26. Other Insurance

PART 2 – TECHNICAL PROVISIONS

27. Contractor Qualifications

28. Character of Beach Fill Material

29. Character of Dune Vegetation Material

30. Bid Alternate 1. Hazard Mitigation Dune Vegetation

31. Transportation of Materials

32. Survey Layout and Control

33. Pay Profiles

34. Beach Fill Placement

35. Beach Tilling and Scarp Leveling ii

Table of Contents Cont’d

36. Dune Vegetation Placement

37. Construction Plans and Contract Documents

38. Nighttime Operations

39. Noise

40. Retainage

41. Payment for Mobilization and Demobilization

42. Payment for Environmental Compliance

43. Payment for Supply/Deliver/Place Sand Fill

44. Payment for Escarpment Leveling and Tilling

45. Payment for Supply/Deliver/Place Dune Vegetation

46. Payment for Bid Alternate 1 – Hazard Mitigation Dune Vegetation

47. Payment for Site Restoration & Grading

48. Payment for Pre-Placement & Post-Placement Surveys

49. Right to Refuse Recommendation for Payment

50. Final Acceptance and Payment

PART 3 - ENVIRONMENTAL PROVISIONS

51. Scope

52. Quality Control

53. Permits

54. Subcontractors

55. Notification

56. Turbidity Control and Water Quality Monitoring

57. Protection of Environmental Resources

58. Environmental Protection Training

59. Oil and Hazardous Material Spills and Containment

60. Maintenance of Pollution Control Facilities

61. Post-Construction Clean-Up

62. Restoration of Landscape Damage

63. Permit Time Extensions

64. Noise Control

65. Environmental Protection Plan

PART 1 – GENERAL PROVISIONS

1. SCOPE OF WORK

The Work covered in this section consists of furnishing all plant, labor, equipment, tools, supplies, and material, and of performing all operations and surveys in connection with the construction of a beach and dune restoration in Indian River County in accordance with the Plans and Specifications.

2. PROJECT DESCRIPTION

The project is located on the east coast of Florida bordering the Atlantic Ocean within Indian River County. Indian River County is located approximately 150 miles north of Miami and 100 miles southeast of Orlando. The project area encompasses approximately 3.1 miles of coastline in the City of Vero Beach, Town of Indian River Shores, and unincorporated Indian River County. The project area spans from established FDEP coastal range monuments R-70 to R-86. The total fill volume to be placed within the beach and dune construction templates is approximately 153,300 cubic yards (229,950 tons) of beach quality sand. Due to nesting sea turtle restrictions, the area from R-70 to R-80 shall be fully completed before construction begins between R-80 and R-86.

No Work may occur from R-80 and south without explicit approval from the COUNTY while active sea turtle nests remain on the beach within the project area. Salt-tolerant dune vegetation (approximately 100,000 plantings) will be planted on the restored dunes. The COUNTY may elect to authorize the installation of approximately 17,500 additional plantings for hazard mitigation dune vegetation under Bid Alternate 1.

The upland staging and access areas are located at Tracking Station Park, Jaycee Park and Conn Beach, Humiston Park, and Riomar Drive. The project will be constructed using beach sand from an approved upland sand source. The sand sources authorized for use are the Vulcan Materials’ Diamond, Witherspoon, and Sandland mines; Stewart Materials Fort Pierce and Capron Trail mines, and the Jahna Industries’ Green Bay, Haines City, Independent North and Independent South mines. It is assumed that the sand will have a relationship of 1.5 tons/cy for sand delivery from the mine and volume computations.

The CONTRACTOR shall be expressly aware of the beach location and dynamic nature of this project site. This beach is a major tourist attraction and is highly utilized by tourists and residents throughout the year. Throughout the project, the CONTRACTOR shall put forth the utmost care and attention to public safety by maintaining a clean and organized site free from the accumulation of debris.

2.1. Permits. The COUNTY has obtained the Florida Department of Environmental Protection (FDEP) and United States Army Corps of Engineers (USACE) permits for this project, which are included in Appendix B. The CONTRACTOR shall comply with all conditions of the permits, which are included in the bid package. Any modifications to said permits will be addressed through an addendum by the COUNTY.

2.2. Other Permits. The CONTRACTOR is solely responsible for obtaining, at their cost, all other approvals required for the prosecution of the Work. This includes, but is not limited to, any and all roadway permits, customs clearances, and business licenses required to bring material to the site. The erosion control line (ECL) marks the landward limit of State lands along the project shoreline.

2.3. Easements. The County has obtained a majority of the beach construction easements from the private beachfront property owners within the project area. It is the responsibility of the CONTRACTOR to not transverse or conduct work in these areas designated as no fill areas. The CONTRACTOR shall ensure all Work occurs seaward of the ECL within these areas.

2.4. Construction Window. The construction window in which the Work shall be completed is limited to the period of time between issuance of the CONTRACTOR’s Notice to Proceed (NTP) and 150 days after issuance of the NTP. There are (2) periods that No Work shall occur, the first from November 26 to November 30 and the second from December 24 to January 2. The eleven (11) weekdays that fall within these two no work periods shall not count toward the total number of contract days. Permits for the project restrict Work conducted on the beach to the period from November 1 through April 30. The permit requires sea turtle daily nest surveys be completed if Work occurs in November, March or April or in accordance with Biological Opinions and that no Work may be conducted on the beach between May 1 and October 31, inclusive. Planting of dune vegetation shall be outside of sea turtle nesting season;

however, the permits for the project allow dune planting activities to occur during sea turtle nesting season from March 1 through October 31 under specific conditions. The CONTRACTOR shall be responsible for coordinating construction and dune planting activities with the COUNTY’s sea turtle and shorebird personnel in order to fulfill permit requirements. The cost of this coordination shall be included in the lump sum cost for Environmental Compliance.

3. DELAYS AND EXTENSIONS OF TIME

3.1. Notice of Delays. Whenever the CONTRACTOR experiences any delay in the execution of the Work, the CONTRACTOR shall, immediately upon the occurrence of any event giving rise to a delay, and in any event no later than 72 hours after the onset of the delay, notify the ENGINEER and COUNTY in writing of the occurrence of such delay and its cause and probable length in order that the ENGINEER may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the execution and completion of the Work are to be delayed thereby.

The notice must also demonstrate that the CONTRACTOR will or has used all reasonable means to minimize the delay and contain an estimate of the probable effect that such delay will have on the progress and final completion of the Work. Notification of occurrence of delay will not be considered unless submitted IN WRITING. Delays due to ocean conditions shall not apply to land-based work.

3.2. Remedies for Avoidable Delays. If (a) the Work called for under this Contract is not finished and completed by the CONTRACTOR in accordance with all requirements, and within the time specified for completion in the Contract Documents, including authorized Change Orders or suspensions of Work not due to the CONTRACTOR's failure to perform according to the Contract Documents; or, (b) if at any time prior to the expiration of said time it should appear to the ENGINEER or COUNTY that the CONTRACTOR will be unable to finish and complete said Work as aforesaid within said time, then in that event the COUNTY may terminate this Contract as provided in the COUNTY’s Standard Terms and Conditions; or in the exercise of its sole and absolute discretion, allow the CONTRACTOR to complete the Work, providing permits and approvals may be modified to extend the Work period, but charge to CONTRACTOR and deduct from the final payment due to the Work, engineering, construction observation, legal and/or administrative expenses computed on the basis equal to the amount of Liquidated Damages specified herein per day until completion of the Work. Any remobilization/demobilization necessary to complete the Work will be done at the CONTRACTOR’s expense. Notwithstanding an election made pursuant to this paragraph, the COUNTY may thereafter terminate the Contract, as provided in the COUNTY’s Standard Terms and Conditions, if the COUNTY is not adequately assured of prompt completion.

3.3. Time Extension for Delays for Weather or Sea State which Prevent Work From Being Accomplished. The CONTRACTOR shall become familiar with the weather and sea conditions for the project site prior to submitting a bid for the Work and shall include appropriate downtime based on the equipment being proposed to execute the Work within the contractual time for completion. Time extension for delays for unusual weather or sea state which prevent Work from being accomplished by the CONTRACTOR may be granted if:

(a) Project permits allow the Work to continue, or time extension to be granted;

(b) A request is made in writing within 72 hours of the delay;

(c) The delay is substantiated, in writing and with wave or weather data, within

72 hours of the onset of the delay;

(d) The wave or weather data indicates that critical equipment had to be removed from the project area for safety reasons;

(e) If steps (b), (c) and (d) are not addressed or could not be proven, the

COUNTY may not grant an extension of time to complete the project.

4. LIQUIDATED DAMAGES

In case of failure on the part of the CONTRACTOR to complete the Work including truck haul sand placement of the construction templates and demobilization from the beach within the time fixed in the Contract Documents, the CONTRACTOR will be liable for Liquidated Damages (LD) for each and every day’s delay over and above the number of calendar days prescribed for completing the Work. Refer to the County’s standard general conditions for terms and conditions associated with Liquidated Damages.

5. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The CONTRACTOR shall commence Work under the contract within fourteen (14) days after the Notice to Proceed has been issued by the COUNTY and shall complete all Work within one-hundred and fifty (150) days of the issuance from the Notice to Proceed. The time stated for completion shall include all aspects of the Work including grading, leveling of escarpments in the beach, tilling the beach, dune planting, final clean-up of the premises, and all repairs or restorations of facilities, structures, work areas, staging areas, vegetation, submerged marine resources, or any other items damaged by the CONTRACTOR or their subcontractors as a result of the project construction activities, and complete demobilization from the project site.

6. TECHNICAL DISPUTE RESOLUTION

The CONTRACTOR shall perform the Work as specified by the contract documents. The ENGINEER will interpret the requirements of the technical portion of the Work, as specified in the Plans and Specifications of the contract documents. If the CONTRACTOR objects to the ENGINEER's decision, the CONTRACTOR shall, within 48 hours of receiving the ENGINEER’s decision, notify the ENGINEER and COUNTY in writing of the CONTRACTOR's objection thereto. The CONTRACTOR and ENGINEER will mutually attempt to resolve the issue;

nevertheless, the ENGINEER’s decision will be binding upon the CONTRACTOR.

7. MEETINGS

7.1. Pre-Bid Meeting. See Invitation for Bid.

Contract Pre-Construction Conference. A mandatory pre-construction conference will be held at the COUNTY’s offices with the ENGINEER, COUNTY, and CONTRACTOR. After the Contract is awarded and before construction operations commence, the CONTRACTOR shall meet with the ENGINEER and COUNTY at the COUNTY's office to discuss the quality control requirements, the permits, and the project. This shall be referred to as a Contract pre-construction conference. The conference shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, daily reports, applications for payment, administration of the system and the interrelationship of the CONTRACTOR, ENGINEER and COUNTY and their respective personnel. During the conference, the CONTRACTOR shall present their proposed means of construction, including methodology for building the construction template, to the COUNTY and ENGINEER. A mandatory in-person site visit will take place immediately following the conference at multiple locations within the project site. It is recommended that the CONTRACTOR bring an off-road utility vehicle to observe the project site. The vehicle must be utilized according to FWC’s best management practices.

7.2. Permit Pre-Construction Conference. A mandatory pre-construction conference will be held at the COUNTY’s offices with a virtual option with the ENGINEER, COUNTY, CONTRACTOR, marine turtle license holder, shorebird monitor, appropriate State and Federal agencies, and any other individuals as required in compliance with project permit requirements, to discuss permit conditions. This conference is separate from the contract pre-construction conference described above, which will also be held in Indian River County. These two conferences may be coordinated to occur at the same location, and/or on the same day, pending agency availability.

7.3. Weekly Progress Meetings. Mandatory weekly progress meetings will be held during construction at the COUNTY’s offices, or virtual if agreed to by the COUNTY, with the ENGINEER, COUNTY, and CONTRACTOR to discuss the progress of the project.

8. SUBMITTALS AND NOTIFICATIONS

The CONTRACTOR shall submit the following items to the ENGINEER and COUNTY at the appropriate times:

8.1. Construction Schedule and Methods: A minimum of seven (7) days prior to the contract pre-construction conference, the CONTRACTOR shall prepare and submit to the ENGINEER and COUNTY, for approval, a practicable construction schedule and methodology statement for construction of each portion of the Work. The order of Work may be modified at the contract pre-construction conference to accommodate local priorities. The project schedule shall indicate, at a minimum, start of Work, construction period, fill placement completion date, beach tilling, and completion of all Work. The CONTRACTOR shall propose the order in which the Work will be performed, including the anticipated progression of fill placement in the project area.

The project schedule shall be updated weekly during construction and submitted at each progress meeting so that local property owners can plan for the CONTRACTOR’s activity, if needed. No Work on site shall begin until the schedule is provided to the ENGINEER and COUNTY. Approval by the ENGINEER indicates an acknowledgement and not an endorsement of the CONTRACTOR’s means and methods. The methodology statement shall include a description of the CONTRACTOR’s truck ticket tracking system, direction of the Work, and utilization plan of the construction accesses.

8.2. Material and Equipment Transport, Storage, and Access. At least seven (7) days prior to the contract pre-construction conference, the CONTRACTOR shall provide to the ENGINEER and COUNTY a description of the routes and areas he intends to use to transport and store material and equipment during the project. The description shall also describe how the CONTRACTOR intends to access the work area. All transport routes, work areas, storage areas, access areas, and facilities are subject to review by the ENGINEER and COUNTY for compliance with the Plans and Specifications.

8.3. Contact List. At least seven (7) days prior to the contract pre-construction conference, the CONTRACTOR shall submit a list of project personnel, including subcontractors, and their telephone, e-mail address, telefax, and other numbers by which key personnel can be reached for purposes of notification and other matters discussed in these Specifications. Nevertheless, the CONTRACTOR remains responsible for all Work and shall be the point of contact and in responsible charge of the subcontractor during the duration of the Work.

8.4. Daily Quality Control Reports. The CONTRACTOR shall submit daily reports that summarize the Work completed at the end of each workday. Daily Quality Control Reports shall be submitted every contract day during the construction period (even when no Work is done) between the time at which the Notice to Proceed is issued and the time of final acceptance. Reports for the previous day shall be submitted by 10:00 AM to the ENGINEER and COUNTY on a daily basis in person or via e-mail. The reports shall include all work activity including, but not limited to, the location (coordinates or stationing) of Work, daily and cumulative quantities of sand placed, placement surveys, weather conditions, turbidity reports, personnel, materials, and on-site equipment. An example of an approved daily report template is included in Appendix C.

8.5. Unsuitable Material. The ENGINEER or COUNTY will provide daily inspections and may take samples from trucks at the mine and/or at the beach. The CONTRACTOR shall notify the ENGINEER and COUNTY of the discovery of any unsuitable material delivered to or within the fill area.

8.6. Surveys. The CONTRACTOR shall provide pay surveys (pre- and post-placement) for review by the ENGINEER.

8.7. Maintenance of Traffic. The CONTRACTOR shall provide a Traffic Control Plan at least seven (7) days prior to the contract pre-construction conference. The plan shall outline the signage and methods the CONTRACTOR will use to minimize disturbance to normal traffic flows in the project area as part of the plan. The CONTRACTOR shall utilize flagmen when unloading materials and mobilizing or demobilizing equipment from the construction site. The ENGINEER or COUNTY may request modifications to the plan.

8.8. Pre-/Post-Construction Condition. The CONTRACTOR shall provide copies of the pre- and post-construction video and/or photography at least one (1) day prior to the start of construction, documenting the condition of the project site including, but not limited to, construction accesses, staging areas, dune crossovers, infrastructure, and vegetation. In addition to documenting project site conditions, the CONTRACTOR shall document beach conditions at least one (1) day prior to the start of construction and immediately after construction using an Unmanned Aerial Vehicle (UAV). The path of the pre-construction and post-construction UAV flight shall be within the fill template at a sufficient elevation to capture the entire dry beach. Post-construction video and/or photography shall be provided after completion of Work to allow for final payment.

8.9. Grade Stake Recovery Plan & Log. Within seven (7) days of Notice to Proceed, the

CONTRACTOR shall submit a Grade Stake Recovery Plan acceptable to the ENGINEER and the COUNTY. The plan shall outline the steps that the CONTRACTOR will implement to recover all the stakes used on the project as required. This plan shall include the use of an inventory log that will be made available for review by the ENGINEER. Upon completion of the project, the CONTRACTOR shall furnish a final grade stake log to the ENGINEER and COUNTY.

8.10. Name and Qualifications of Turbidity Monitor. As required by permits, the

CONTRACTOR shall submit the name and qualifications of all turbidity monitors to be used on the project at least seven (7) days prior to the contract pre-construction conference for FDEP approval, and as a pre-requisite for a FDEP Notice to Proceed.

The turbidity meter calibration shall also be submitted.

8.11. Environmental Protection Plan. The CONTRACTOR shall submit the

Environmental Protection Plan at least seven (7) days prior to the contract pre-construction conference.

8.12. General Plans and Information. The CONTRACTOR shall provide the following additional submittals at least seven (7) days prior to commencement of the Work:

(a) Quality Control Plan

(b) Accident Prevention Plan

(c) Hurricane and Severe Storm Plan

(d) Transport, Storage, and Access Plan

8.13. General Notifications. The CONTRACTOR shall provide the following notifications at the appropriate times, if applicable:

(a) Notification of Plans/Specifications Discrepancy

(b) Notification of Cultural Resource Discovery

(c) Notification of Misplaced Material

(d) Notification of Occurrence of Delays in Work

(e) Claims and Disputes

(f) Reports of All Inspections, Surveys, and Tests and Remedial Actions

Further details on submittals and notifications, including their due dates, are provided in the contract and herein.

9. ORDER OF WORK, PROJECT SCHEDULE, AND ACCEPTANCE SECTIONS

9.1. Order of Work and Project Schedule. The order of work will generally progress north to south. The CONTRACTOR shall fully construct the template from R-70 to R- 80 before any staging or construction, including hauling on the beach, begins between R-80 and R-86. The CONTRACTOR shall provide a construction schedule and methodology statement for construction of each portion of the Work to the ENGINEER and COUNTY a minimum of seven (7) days prior to the contract pre-construction conference. The methodology statement shall include a description of the CONTRACTOR’s truck ticket tracking system, direction of the Work, and utilization plan of the construction accesses. The order of work may be modified at the contract pre-construction conference to accommodate local priorities. The project schedule shall indicate, at a minimum, start of work, construction period, fill placement completion date, beach tilling (if required), and completion of all Work. The CONTRACTOR shall propose the order in which the Work will be performed, including the anticipated progression of fill placement in the project area. The project schedule shall be updated weekly during construction and submitted at each progress meeting so that the COUNTY can inform local property owners so that they can plan for the CONTRACTOR’s activity, if needed. No Work on site shall begin until the schedule is approved by the ENGINEER and COUNTY. Approval by the ENGINEER indicates an acknowledgement and not an endorsement of the CONTRACTOR’s means and methods.

9.2. Acceptance Sections. Acceptance sections are defined as the portion of the restored beach lying between two immediately adjacent pay profile lines, which are located a perpendicular distance approximately 100 feet apart as indicated in the plans. Once fill placement begins in an acceptance section, it must be completed before moving to the adjacent acceptance section, unless otherwise authorized by the ENGINEER. Pay profiles will be established by the CONTRACTOR according to the Plans. The CONTRACTOR shall establish intermediate profiles in addition to those shown in the Plans to construct the project in accordance with plan view layout. The CONTRACTOR may submit the intermediate profiles for payment subject to review and approval by the ENGINEER.

10. PERFORMANCE OF WORK BY CONTRACTOR

10.1. Contractor Participation in the Work. Refer to the County’s standard conditions for minimum Contractor participation requirements.

10.2. Continuous Construction. The CONTRACTOR and his/her subcontractors shall maintain at the project site and on the job, the materials, equipment, and personnel required to continuously construct all elements of the project. Under no circumstances will the CONTRACTOR remove their equipment, materials, subcontractors, and personnel from the project site without the written consent of the COUNTY, unless one or more of the following occurs: the project is complete; weather or sea state conditions require movement from the project site; a condition exists which threatens the safety and welfare of personnel or threatens equipment; repair or fueling of equipment is required; or the time frame provided for project construction in the FDEP or USACE permits has expired. Removal of equipment, personnel, materials, or subcontractors from the project site which interrupts Work progress, without valid reason, prior to the completion of the project, will result in the imposition of liquidated damages.

10.3. Capacity. The CONTRACTOR shall meet the standards for capacity, productivity, and ability to maintain it throughout the time allotted for construction.

11. SUPERINTENDENT

The CONTRACTOR shall propose, in writing to the ENGINEER and COUNTY, the name and qualifications of the superintendent to receive the ENGINEER's and COUNTY’s instructions.

There will only be one superintendent. The ENGINEER and/or COUNTY may reject the superintendent proposed by the CONTRACTOR. If the proposed superintendent is rejected, the CONTRACTOR will propose an alternate superintendent. Said instructions, once received by the CONTRACTOR’s superintendent, will be legally binding on the CONTRACTOR pursuant of this contract. A superintendent of the CONTRACTOR must be at the beach project area at all times during project construction or otherwise make themselves available to the ENGINEER at all times during project construction. Under no circumstances will any element of project construction occur without the presence of a superintendent at the project site. An assistant superintendent can be proposed by the CONTRACTOR to cover for the superintendent during their short absences, but the assistant superintendent cannot change plans and agreements made by the superintendent with the ENGINEER and COUNTY.

12. SUBCONTRACTORS

12.1. Subcontractor Qualifications. The CONTRACTOR shall furnish within the bid documents the names of subcontractors proposed for any portion of the Work and provide appropriate information in the bid, such as company experience, personnel experience, equipment, and references to verify the qualifications of the subcontractor to complete the assigned portion of the Work. The CONTRACTOR may use the subcontractors listed in the bid to conduct the Work and shall identify the Work to be performed by the subcontractor.

12.2. List of Subcontractors. A complete list of Subcontractor’s shall be provided in writing to the COUNTY and ENGINEER fourteen (14) days prior to the Pre-Construction Conference.

12.3. Subcontractor Insurance Coverage. Refer to the COUNTY’s Standard Terms and

Conditions.

12.4. Statutes, Laws and Regulations. The CONTRACTOR hereby agrees and shall be solely responsible for ensuring that the CONTRACTOR and any subcontractors fully comply with the requirements of any applicable ordinances, statutes, laws or regulations which may affect this project or the CONTRACTOR's/subcontractor's Work under this project. The CONTRACTOR further agrees that neither the COUNTY nor its ENGINEER shall be responsible for ensuring compliance or notification on any changes or modifications to any such applicable ordinances, laws, statutes, rules or regulations.

13. ENGINEER

13.1. Technical Issues. The ENGINEER, in consultation with the COUNTY, shall decide all technical issues of whatever nature may arise relative to the interpretation of the technical portions of the contract documents, Plans, surveys, beach fill volume measurement, and prosecution and fulfillment of this contract, and as to the character, quality, amount, and value of any Work done and materials furnished under this contract.

13.2. Work Site Access. The ENGINEER and COUNTY shall have unlimited access to the project site, offsite staging area, and stockpile areas for laying out, measuring, and observing or administering the contract documents, and the CONTRACTOR shall afford them assistance for doing so. The presence or absence of the ENGINEER will not relieve the CONTRACTOR of responsibility for the proper execution of the Work in accordance with the Specifications.

14. PHYSICAL DATA

14.1. Information and Data. Information and data furnished or referred to in the contract documents are furnished for informational purposes only and may not be representative of conditions at the time of construction and shall not be solely relied upon for estimating and/or prosecution of the Work. It is expressly understood that the ENGINEER or COUNTY will not be responsible for any interpretation or conclusion drawn therefrom by the CONTRACTOR. Likewise, the ENGINEER or COUNTY will not be responsible for any information provided to the CONTRACTOR by any information agency or other party.

14.2. Weather Conditions. The project area may be affected by king tides, nor’easters, tropical storms, hurricanes and by stormy and/or rainy weather, including severe thunderstorms, during any time of the year. Wave activity can occur at any time. The CONTRACTOR shall be responsible for obtaining information concerning rain, wind, and wave conditions that could influence safety and construction operations prior to making a bid.

15. SURVEY STANDARDS AND SURVEYOR QUALIFICATIONS

The CONTRACTOR'S surveying personnel shall be duly qualified and experienced to perform all required surveys in a manner satisfactory to the ENGINEER and COUNTY. A surveyor registered in the State of Florida shall be responsible for and certify all survey work under their direction.

The registered surveyor is not obligated to actually perform the surveys. All surveys shall be in accordance with professional standards and practices. Hydrographic surveys shall be performed in accordance with EM 1110-2-1003 dated November 30, 2013 entitled "HYDROGRAPHIC SURVEYING" and the Florida Standards of Practice as presented in 5J-17 FAC. Survey notes shall be reduced to elevations, be neat, legible, and in accordance with accepted practices and shall include the date performed, weather conditions, bench marks or monument used, name and title of each member of the survey party, and the name of COUNTY’s or ENINGEER’s representative present. Survey notes lacking information, illegible, or in error, will be returned to the CONTRACTOR for correction. Surveying instruments shall be checked for adjustment at least once per week and such checks shall be recorded in survey notes and on the quality control sheet.

The commencement point for each profile shall follow the control listed within the Plans.

Topographic and bathymetric surveys shall use FDEP Division of Water Resource Management "A" monuments or other National Geodetic Survey (NGS) published 2nd order or higher marks as a basis for survey control. Tabular listings of all horizontal and vertical control on all existing "A" monuments shall be obtained through either the FDEP website or directly from the FDEP office.

All GPS base station control or range/azimuth system control shall be established or recovered from FDEP control monuments (typically "A" stations) and shall meet or exceed Geospatial Positioning Accuracy Standards, Range VIII. Designation, stamping, description, horizontal position, horizontal RMSE, elevation (in NAVD) and elevation RMSE shall be provided to the ENGINEER for all established base station control. Even if the FDEP R-monuments have been recently verified using “A” monuments, they should be re-verified by the CONTRACTOR. New or replaced FDEP and intermediate monuments shall be based on “A” monuments.

16. ACCESS, WORK AREAS, AND STORAGE AREAS

16.1. General. The general location and extent of the construction access areas, staging areas, and work areas are indicated in the Plans. Access points should be minimized as much as practicable. Unless otherwise directed in writing by the COUNTY, the CONTRACTOR is responsible for removing existing vegetation, fencing, and other impediments, as necessary, to allow equipment access and material deliveries to the work area. The CONTRACTOR shall landscape and restore those areas where access routes and staging areas are developed. The cost of maintaining the project area shall be included in the unit price cost for Supply/Deliver/Place Sand Fill; the cost of restoring the project area shall be included in the lump sum cost for Site Restoration.

16.2. Construction Access. The CONTRACTOR shall limit construction access to the beach at the locations shown in the Plans or as approved by the COUNTY. The CONTRACTOR shall exercise caution when accessing and driving on the beach with vehicles or equipment, particularly with regard to beachgoers and private property. In the event that damage is caused by the CONTRACTOR, the CONTRACTOR shall restore all damage to sidewalks, roads, coastal structures, dune vegetation, or any other structure or natural feature to pre-construction conditions or better. The CONTRACTOR will not receive final payment until all damage is restored to the satisfaction of the COUNTY, as stated in these Specifications. All damage will be repaired at the CONTRACTOR’s expense.

16.3. Staging Area. Upland staging areas are limited to the construction access and staging areas shown in the Plans. Beach staging areas are limited to the project fill template and alongshore limits shown in the Plans. The CONTRACTOR shall cordon off and/or fence the staging areas to keep the public away from equipment. The staging areas must be restored to the pre-construction condition upon project completion at the cost of the CONTRACTOR. If additional staging areas are needed, they shall be procured by and at the expense of the CONTRACTOR, and with the approval of the COUNTY.

16.4. Work Area. The work area limits available to the CONTRACTOR for accomplishing the Work are shown in the Plans. Construction access to the beach is shown in the Plans, and as stated in these Specifications.

16.5. Exclusion of Public. The CONTRACTOR shall accomplish the Work in such a manner so as to minimize disruption to road traffic and the use of the beach. It is the CONTRACTOR’s responsibility to exclude the public for safety purposes from the construction access, staging area, and work areas in the immediate vicinity of the active Work, transport operations, or any other area that may be dangerous to the public using a temporary fence and/or appropriate signage. The CONTRACTOR shall minimize the areas closed to the public to what is required to safely conduct the Work.

17. USE OF COMPLETED PORTIONS

The COUNTY shall have the right to take possession of, and use, any completed or partially completed portions of the Work, prior to the completion of the entire Work. Such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the contract documents.

18. CHANGES AND EXTRAS

18.1. Changes in the Work. The COUNTY shall have the right, within the general scope of the Work and without notice to any surety or sureties of the CONTRACTOR, to make changes in the Work, including but not limited to changes in the Plans and Specifications pertaining to beach width, beach elevation, beach volume, beach length, environmental protection, contract time, contract price, in or to the method or manner of performance of the Work, in or to equipment, materials, service or site, in or to the mode or manner of payment for the Work, or directing a change in the rate of performance of the Work. All changes shall, except in the case of emergencies endangering the safety of personnel or property, be made by modification of the contract documents or by written change order duly executed by the COUNTY, ENGINEER, and CONTRACTOR. Work necessary in connection with emergency changes in the Work shall be strictly limited to the minimum necessary to alleviate the immediate emergency; Work beyond such minimum shall be undertaken only pursuant to a properly issued change order received from the ENGINEER or COUNTY. The CONTRACTOR shall promptly comply with any and all written change orders issued by the ENGINEER or COUNTY, notwithstanding any disputes. No such change order shall be deemed to invalidate the contract.

18.2. No Adjustment of Unit Price. The quantity of material to be placed on the beach is based on beach surveys conducted prior to the construction of the project. It is almost a certainty that the forces of wind and waves have altered the beach since development of the estimated fill volume for the project. No adjustment shall be made in any unit price of the contract for changes ordered by the COUNTY that cause an increase or decrease less than or equal to twenty-five percent (25%) in the amount of the estimated quantities provided in the contract documents, including fill material that is to be placed within fill templates. It is further provided, however, that no adjustments shall be made in the contract price or time of performance for either lump sum or unit price work if the change is expressly or reasonably implied by the Plans and Specifications or is incidental thereto, or if the Work becomes more difficult than the bid price and contract documents would reflect, or if CONTRACTOR failed to protest, negotiate, comment, or otherwise call to the COUNTY's attention, in writing, any omissions, ambiguities, or conflicts in the contract documents that the CONTRACTOR could have discovered prior to the submission of their bid or execution of the contract.

19. SAFETY

The Sector 5 project area includes some of the most densely populated beaches within the County.

It is the sole responsibility of the CONTRACTOR to conduct operations in a manner that ensure the safety of the public, particularly in densely populated areas. The CONTRACTOR shall prevent beach-goers from entering the active Work area. The CONTRACTOR shall immediately notify the COUNTY and ENGINEER if unsafe Work conditions arise.

20. PERMISSIBLE WORK DAYS AND HOURS

Due to the sea turtle protection requirements in the project permits, construction on the beach is prohibited from May 1 through October 31, inclusive. During the period of November 1 through April 30, construction activity shall be limited to daylight hours, Monday through Friday, unless otherwise authorized by the COUNTY. No trucks shall be on-site, including the staging areas, outside of daylight hours. Lighting of the work site is prohibited except as may be specifically authorized in writing by the ENGINEER.

Unless otherwise requested by the CONTRACTOR and approved by the COUNTY, the CONTRACTOR is not permitted to Work on all holidays. The CONTRACTOR must submit this request five (5) days in advance of the holiday. However, special consideration shall be made by the CONTRACTOR to avoid planned events and potential conflicts with the public and business owners. The CONTRACTOR will be responsible for overtime payment of the COUNTY’s on-site representative and ENGINEER’s on-site representative. There are (2) periods that No Work shall occur, the first from November 26 to November 30 and the second from December 24 to January 2.

21. PROJECT NOTIFICATION & OBSERVATION

21.1. Notification. The CONTRACTOR shall specifically notify the COUNTY and ENGINEER of the CONTRACTOR’s intended date of commencement of the following work milestones at least seven (7) days prior or as noted:

(a) Mobilization and material delivery;

(b) Commencement of the site work;

(c) Establishment of horizontal and vertical control work;

(d) Pre-/Post-Placement Surveys (at least one (1) day prior);

(e) Expected substantial completion of the entire work;

(f) Expected completion of the entire work.

21.2. Project Uncovering. The presence or absence of the ENGINEER shall not relieve the

CONTRACTOR of their responsibility to properly execute the Work in close accordance with these Plans and Specifications. The ENGINEER may order any element of the Work uncovered, at no additional expense to the COUNTY, in the event the Work was not observed by the ENGINEER or surveyed prior to covering. This condition applies to any source of sand coverage, including from natural processes such as wind, waves, and tides.

21.3. Noncompliance Notification. The ENGINEER shall notify the CONTRACTOR and

COUNTY of any observed noncompliance with the Plans and Specifications and/or applicable Federal, State, or local laws & regulations, promptly upon discovery. The CONTRACTOR shall, after receipt of such notice, immediately take corrective action.

Such notice, when delivered to the CONTRACTOR or their authorized representative, shall be deemed sufficient for the purpose. If the CONTRACTOR fails or refuses to comply promptly, the COUNTY may issue an order stopping all or part of the Work until satisfactory corrective action has been taken.

22. PROTECTION OF PROPERTY FROM WORK

22.1. Protection of Property. The CONTRACTOR shall collect and provide a pre-construction video to include (1) staging and access areas to be used for the Work and

(2) the upland dunes, vegetation, dune crossovers, and infrastructure along the beach within the project limits as documentation of the pre-construction conditions. The video shall be provided to the ENGINEER and COUNTY prior to the commencement of equipment arrival in the staging areas and before any site work occurs on the beach.

All damages to natural areas, and private or public property resulting from the CONTRACTOR's operations shall be reported to COUNTY and ENGINEER within 24 hours and be repaired by the CONTRACTOR at the CONTRACTOR's expense.

The COUNTY shall determine if repairs are required, and the COUNTY or owner of the damaged property will determine if the property has been repaired to its previous condition before the CONTRACTOR receives approval of repairs. If repairs are required, the CONTRACTOR shall submit a schedule for the repairs to the ENGINEER and COUNTY, and work expeditiously to perform the repairs. If the CONTRACTOR fails to repair damages, the COUNTY may conduct the repair and deduct from payment due to the CONTRACTOR the amount of money required for the repair, including all administrative and engineering costs.

22.2. Contractor Responsibility. The CONTRACTOR shall at all times guard the work site or sites and adjacent properties from any damage whatsoever in connection with this contract whether arising from direct operations under this contract, theft, vandalism, or any cause whatsoever. The CONTRACTOR shall at all times protect their own work from damage; nevertheless, the CONTRACTOR is not responsible for natural erosion of beach sections previously accepted by the ENGINEER for payment. The CONTRACTOR shall make good any and all loss, damage, or injury to the Work, whether arising from direct operations under this contract, weather or sea conditions, theft, vandalism, or any cause whatsoever. The CONTRACTOR will not be responsible for maintenance of beach sections previously accepted by the ENGINEER, unless the beach is eroded or damaged due to the activities of the CONTRACTOR.

22.3. Risk of Weather Events. All loss or damage arising out of the nature of the Work, or from the action of the elements, or from weather events, hurricanes, tropical storms, adverse sea state, or from any unusual obstruction or difficulty, or any other natural or existing circumstances either known or unforeseen, that may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at their own cost and expense, including all fill placement that has not been accepted by the ENGINEER for payment.

22.4. Beach Erosion. The CONTRACTOR shall be aware of the dynamic nature of the project site and account for the likelihood of changing site conditions including, but not limited to, beach erosion and accretion, sediment migration and shoaling, and changes required by the project fill template. Based on the CONTRACTOR’s pre-placement surveys, the ENGINEER will evaluate the conditions and make a determination regarding adjustments to the Work as prescribed in these contact documents. The CONTRACTOR is not responsible for naturally-occurring erosion of any section of the beach fill after it has been accepted for payment by the ENGINEER;

however, the CONTRACTOR is responsible for maintaining the beach fill until it is accepted by the ENGINEER and to avoid preventable damage to sections that have been accepted by the ENGINEER. The CONTRACTOR is also responsible to grade and eliminate all beach scarps or cliffs in the project fill areas regardless of ENGINEER acceptance, prior to being considered complete and eligible for final payment.

23. PROTECTION OF EXISTING STRUCTURES FROM CONSTRUCTION

ACTIVITY

23.1. General. Bulkheads, revetments, utilities, upland structures (including dune cross-overs), anchor points, and other structures within the Work area shall be protected by the CONTRACTOR to prevent damage thereto by the CONTRACTOR’S operations.

23.2. Documentation. The CONTRACTOR shall be responsible for determining and documenting the pre-construction condition of any existing structures, including dune crossovers, within the project area, inclusive of all staging and access areas. The CONTRACTOR shall take appropriate measures to prevent damage to any structures during construction, and for performing a post-construction verification inspection of those structures previously inspected. Pre-construction structure condition documentation by the CONTRACTOR shall include video and/or photographic documentation. Copies of the pre-construction structure condition video and/or photography will be provided to the ENGINEER and COUNTY prior to the start of construction. The CONTRACTOR shall assume all responsibility for damages to existing structures within and bordering the project boundaries as a result of construction activities. This includes, but is not limited to, damages as a result of equipment impact and vibration due to operation of equipment close to existing structures.

23.3. Underground Utilities. CONTRACTOR shall call “SUNSHINE” 1-800-432-4770 before beginning any Work at the project site and familiarize himself with any nearby utilities.

24. SITE CLEAN-UP

24.1. General. It is the intent of the COUNTY that the Work be accomplished with minimum disturbance to the natural resources adjacent to the work area (specifically, the adjacent upland, lawns, landscaping, trees, dunes, and nearshore areas), and that the immediate and general vicinity of the work area remain in its pre-project state subsequent to completion of the Work. All materials utilized by the CONTRACTOR during construction shall be removed from the site; including survey stakes, flagging, and other temporary survey controls. All accesses to the beach shall be restored to the topographic and vegetative conditions that existed prior to construction. All costs associated with these activities shall be included in the lump sum price for Site Restoration & Grading.

24.2. Vegetation. The CONTRCTOR shall submit a Dune Restoration Plan for review by the ENGINEER and COUNTY to restore any impacted vegetation at the construction access, staging area, and/or work areas not shown in the Plans. Any native salt-resistant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of ENGINEER and COUNTY, with other native salt-resistant vegetation suitable for beach and dune stabilization. All plants installed in beach and coastal areas (whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise) shall be of species indigenous to Florida beaches and dunes (i.e., sea oats, sea grape, saw palmetto, panic grass, salt meadow hay cord grass, seashore salt grass, railroad vine, etc.).

24.3. Misplaced Material. Should the CONTRACTOR during the progress of the Work, lose, dump, sink, or misplace any material, plant, machinery, equipment, or appliance, the CONTRACTOR shall recover and remove same within twenty-four (24) hours of receipt of said notice at no additional cost to the COUNTY. The CONTRACTOR shall also give immediate notice to the ENGINEER and COUNTY, with description and location of such material, plant, machinery, equipment, or appliance. Should the CONTRACTOR refuse, neglect, or delay compliance with the above requirements, such material, plant, machinery, equipment, or appliance may be removed by the COUNTY, and the cost of such removal may be deducted from any money due or to become due to the CONTRACTOR or may be recovered under their bond.

24.4. Road Debris. The CONTRACTOR shall immediately have those streets or access roadways used for transport of construction materials cleaned or swept of spilled materials (e.g. sand, vegetation, fuel, oil) which resulted from the carriage of material for this Work. Collected material shall be disposed of in a legal manner and at the CONTRACTOR’s own expense.

24.5. Work Area Debris. The CONTRACTOR shall continually inspect the work areas to ensure that…