Loading...
HomeMy WebLinkAboutMiddlesex Corporation Agreement - 2008 05 15CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Utility /Public Works Department THIS AGREEMENT MADE THIS ~ 5 ~ DAY OF M~ ~ 2008 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referr~. to as OWNER) and The Middlesex Corporation, a Foreign corporation authored and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. QESCRIPTION OF WORK -CONTRACTOR shall pertomt the work, in accordance with the Contract Documents for the construd9on of the Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurfacing Program. 2. CONTRACT DOCUMENTS -The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and FDOT Contrail No. E8124; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Contractor's Bid (Proposal), Agreement, and Addenda b. Change Orders c. Special Conditions d. General Conditions e. Drawings f. Applicable provisions of FDOT Contract No. E8124 Any inconsistency in the work description shall be clarified by the OWNER and pertormed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, artide, or equipment being provided without additional cost to the OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to dedde whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and alkrvv the OWNER to make a determination before CONTRACTOR uses the substitute. Page 2 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurfacing Program 5. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work of Winter Springs Boulevard Reconstruction within 90 calendar days from the date of the Notice to Proceed and complete the work of the City of Winter Springs Annual Resurfaang Program within 180 calendar days of the Notice to Proceed. Extensions, if any, are authored by OWNER, and may only be granted in wrfting. 6. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer finanaal loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognze the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 5500.00 for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 7. CONTRACT PRICE. UNIT PRICE CONTRACT -The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Two Million, Five Hundred Fifty-five Thousand, One Hundred Seventy Doil~s and Thirty Cents, (S 2.555,170.301 {VNinter Sprins~s Boulevard Reconstruction 51,366,926.60 and Annual Resurfacing S7.1t38.243.70}. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shaA be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES -The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and pr'nrileges assoaated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the defauR complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder, or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of tad to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreemerrt. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall have the right to exerese any other remedy the OWNER may have by operation of law, without Page 3 Winter Springs Boulevard Reconstrudaon Phases 2 and 3 and the City of Winter Springs Annual ResurFacing Program limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in aa;ordance with the provisions of this Agreement, for Work properly pertormed prior to the effective date of termination 9. FORCE MAJEURE -Any delay or failure of either party in the pertormance of its required obligations hereunder shall be excused if and to the extent caused by acts of Gad; fire; flood; windstorm; explosion; riot; war, sabotage; strikes (except irnoNing CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; cou-t injunction or order, federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any dreumstance of Force Majeure remains in effect for sooty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a co<,rt of law, the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fulty enforceable 11. PROGRESS PAYMENTS -OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Conrtrail Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompts and proper paymenrts for labor, materials, or equipment famished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT -OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certficate. OWNER shall make final payment to CONTRACTOR within thirty (30} days after the work is fuly and property completed, if the contract has been fully and timely performed, but sut~ject to the condfion that final payment shaA not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contrail, or receipt releases of lien fuly covering all labor, materials and equipment for which a lien could be filed, or in the aftemative a bond satisfactory to OWNER indemnifying him against such daims. By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contrail Documents: Page 4 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurtacing Program c. Outstanding claims of liens; or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHRECT: DUTIES AND AUTHORITY -The duties and authority of the OWNER are as follows: a. General Administration of Contract The primary function of the OWNER is to provide the general administration of the contrail. In pertormance of these duties, Gregory A Bishop or his authorized representative is the OWNER' Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections. Opinions, and Prooress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Acxess 1bo Worksite for Inspections. The OWNER shall be given free access to the worksite at alt times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Refection and Stopoasre of Work The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspection and observations, and will issue certificates for progress payments and final payments in aa:ordance with the terms of the Contract Documents. 14. PROGRESS MEETING -OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as folkyws: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all contraction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. Page 5 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annua- Resurfacing Program b. Discialine and Employment CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfd or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transpo-tation, and all other facilities and vuork necessary for the proper completion of work on the project in acxordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper oomple#ion of the work, paying the fees thereof. CONTRACTOR warrants that it {and subcontractors or tradesmen, if authorized in the Contrail Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work e. CONTRACTOR will provide written guarantee for work and material for one (1) calendar year after acceptance by OWNER. 16. ASSIGNMENT -CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to became due hereunder without the prior, wrtten consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcorrtrailed by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions pertormed by the subcontractor as if no subcontrail had been made. b. If OWNER determines that any subcontractor is not pertorming in accordance with this agreement, OWNER shalt so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS -Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide empbyee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE -Nothing herein shall be deemed to create a joint venture or prinapal-agent relationship between the parties and neither party s authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION -CONTRACTOR shall indemnify and hold harmless the City, its offices, empbyees, and aty attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the pertomtance of this Agreement. Page 6 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual ResurFacing Program 21 22. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and aty attorneys which may covered by this indemnification. In all events the OWNER and ils officers, empbyees, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. SAFETY -CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while pertorming work provided hereunder. CORPORATE REPRESENTATIONS BY CONTRACTOR -CONTRACTOR hereby represents and warrarrts to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to'the execution of this Agreement 23. 24. BOND -CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. INSURANCE -During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability asset forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the comt~ined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work pertormed under this Agreement whether such Work are pertomied by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employers Liability Insurance in the minimum amount of $2,000,000 for all of its employees pertomting Work for the OWNER pursuant to this Agreement. Page 7 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurfacing Program Special Requirements. Current, valid insurance polices meeting the requirements herein identfied shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effeilive Date of this Contrail which satisfied the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30~lay advance written notification to the OWNER in the event of cancellation or modification of any stipu~ted insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to pertorm any Work hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 21 and 24. 25. MEDIATIONNENUE -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of ailion filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 26. GOVERNING LAW 8 VENUE -This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal ailion or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEF~ -Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NO I -Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contrail. 29. 11~(O,RK IS A PRIVATE UNDERTAKING - WRh regard to any and all Work pertormed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contrailors and not employees of the OWNER. Nothing in this Agreemer shall be interpreted to establ~h any relationship other than that of an independent contractor, beiween the OWNER, on one hand, and the CONTRACTOR, its contrailors, partners, employees, or agerds, during or after the pertormance of the Work under this Agreement. 30. DOCUMENTS -Public Records: It is hereby specfically agreed that any record, document, computerzed information and program, audio or video tape, photograph, or other wrfing of the CONTRACTOR and its independent contractors and assocates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specfic written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documer>is, and other papers in conneilion with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Page 8 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual ResurFacing Program The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records l..aw. 31. SOVEREIGN IMMUNITY - Nalwitl~shanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S potential liability under' state or federal law As such, the CITY shah nat be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shah not be liable for any claim or judgment, or portion thereof, to any one person for more than one hunted thousand doNarS ($100,000.00), or any claim w judgment, or portion thereof, which, when totaled with all other claims or judgmer~ paid by the Stake a its agendas and subdivisions arising out of the same inddent or occurrence, exceeds the sum of ivw hundred thousand doNars ($200,000.00). 32. HEADINGS -Paragraph headings are for the convenience of the parties only and are not to be construed as part of this ~reement. 33. INTEGRATION: MODIFICATION -The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modfications of this Agreement shall only be made in writing signed by both parties. 34. WAVER AND ELECTION OF REMEDIES -Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modfication of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authored representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING -OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE -Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For CONTRACTOR: The Middlesex Corporation One Spectacle Pond Road Littleton, MA 01460 For OWNER: City of Winter Springs Capitol Projects Coordinator, Public Works Department 1126 East State Road 434 Winter Springs, FL 32708 Either party may change the notice address by providing the other party written notice of the change. Page 9 Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurtacing Program Signed, Sealed and Delivered in the presence of: ~~~ ~~,. Name President & COO Title 10801 Cosmonaut Blvd. Business Address Orlando, FL 32824 City, State Zip Date ~Y 16, 2008 OWNER: CITY OF WINTER SPRINGS By: onald W. Mct_emore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 40727-1800 Winter Springs Boulevard Phases 2 and 3 Roadway Reconstruction and Milling/Resurfacing ..From Arrowhead Court to Seneca Boulevard Bid Package March 17, 2008 Contents: 1. Construction Notes 2. Typical Sections 3. Project Map Winter Springs Boulevard Construction Notes General Notes: 1. The governing standards for the project shall be the Florida Department of Transportation, Design Standards 2008, and Standard Specifications for Road and Bridge Construction 2007. 2. In areas of construction, all existing utilities, public or private, shall be located by the contractor, and owners of said utilities shall be notified prior to commencing work. Contractor shall immediately notify the City of any existing utilities that may interfere with completing the work. 3. All survey monuments and corners shall be protected. All survey corners destroyed shall be reset and certified by a registered professional land surveyor. 4. Shop drawings for all construction materials shall be submitted to and approved by the City of Winter Springs. 5. All private and public property affected by the construction work shall be restored to a condition equal to or better than the pre-construction condition, including sodding, landscaping, irrigation systems, driveways, sidewalks, mailboxes, curbs, etc.. The cost for all restoration work shall be incidental to other construction and no extra compensation will be allowed. 6. Proposed construction staging areas shall be submitted to and approved by the City of Winter Springs. Construction staging activities shall be limited to the designated construction staging areas. 7. No trees shall be removed. Contractor is responsible for protecting existing trees that could be damaged by the work. Any tree trimming necessary to complete the work will be performed by the City. 8. If encountered, unsuitable materials shall be removed from construction areas and backfilled with suitable materials. Unsuitable materials shall be hauled off the site at no additional expense to the City. 9. All excess excavation and construction materials are the responsibility of the contractor. 10. Existing drainage structures and pipes within the construction limits shall remain in place. 11. All construction vehicles shall remain on the roadway or other paved surfaces at all times. Construction activities and equipment shall be limited to Winter Springs Blvd. from curb line to curb line. Contractor shall stay out of the Winter Springs Blvd. medians. Winter Springs Boulevard -Phases 2 and 3 Page 2 of 7 12. No night work is allowed. All work shall be performed between 7:00 AM and sundown, unless otherwise approved by the City. Contractor shall notify the City 72 hours in advance of any work planned on weekends or holidays. 13. Utility owners: a. AT&T Corporation Mr. Richard Kaleta 45 North Magnolia Avenue Orlando, FL 32801 407-294-3005, 404-621-1806 b. Progress Energy Mr. Miguel Rodriguez, Senior Engineer 2801 W. State Road 426 Oviedo, FL 32765 407-3 59-4413 c. Bright House Networks Mr. Marvin Usry 844 Maguire Road Ocoee, FL 34761 d. Sprint Florida, Inc. Mr. Richard Kennedy 952 First Street Altamonte Springs, FL 32701 407-830-3235 e. Florida Public Utilities Mr. Dan Scribben 450 S. Highway 17-92 DeBary, FL 32713 f. City of Winter Springs Mr. Don Cheney, Utility Superintendent 110 N. Flamingo Ave. Winter Springs, FL 32708 407-327-2669 Winter Springs Boulevard -Phases 2 and 3 Page 3 of 7 Paving Notes: 1. A rolling straightedge shall be available at the job site at all times during paving operations. 2. The base course and final structural course shall be straightedged immediately after final pavement rolling. The contractor shall maintain the appropriate quality control staff onsite during paving operations such that the straightedging can occur in a timely manner after final pavement rolling. 3. All areas of unacceptable pavement shall be corrected at no cost to the City. 4. Excessive amounts of smoothness deficiencies in the final structural course will not be accepted. Smoothness deficiencies shall be corrected in accordance with FDOT specifications, except if any two smoothness deficiencies are located less than 400-feet from each other. In this case, the corrective milling and resurfacing shall cover the entire length of the roadway between the two deficiencies plus a minimum of 50-feet beyond the deficiencies. 5. The final structural course on the 18-foot wide paved segments shall be placed in a single pass covering the entire 18-foot width (no longitudinal joints). In the areas requiring pavement reconstruction, following the removal of the existing pavement and base, the contractor shall proof-roll the existing sub-base to provide a stable and unyielding condition prior to placing the asphaltic base course. Proof rolling shall consist of compaction with a large diameter static drum roller having a drum weight of at least 10 tons. Proof rolling shall consist of a minimum of 10 overlapping coverages of the roller with a maximum travel speed of 2 feet per second. During the proof rolling operation, careful observation shall be made to help identify any areas of soft or yielding sub-base material that may require additional work. The contractor shall take into account the compaction resulting from proof rolling the sub-base when determining the depth of existing pavement removal. The final pavement elevation shall be '/" higher then the lip of the gutter on the low side of the road as shown in FDOT design standards. The contractor is to sawcut existing pavement to a neat edge in all areas where tying into existing pavement. In areas where the tie-in is at the right-of--way line, the contractor shall take extra care to stay within the right-of--way. 8. Contractor shall install a total of four (4) 24-inch white painted temporary stop bars on Winter Springs Blvd at the two Northern Way intersections. All other striping will be installed under a separate contract. 9. The existing asphalt on the two bridge decks shall be milled down to the concrete deck surface. All existing bridge deck expansion joints shall be sealed in accordance with the enclosed joint detail. 10. Contractor shall prepare and submit an NPDES Stormwater Pollution Prevention Plan (SWPPP) for the City's review and approval. Contractor shall submit a Notice of Intent Winter Springs Boulevard -Phases 2 and 3 Page 4 of 7 to FDEP a minimum of 48 hours prior to construction activities. Contractor is responsible for implementing, monitoring, and modifying the SWPPP throughout the construction period. The cost of the SWPPP, including permitting fees, shall be included in pay item 101-1. Maintenance of Traffic Notes: 1. Maintenance of traffic shall be in accordance with MUTCD and FDOT specifications, unless otherwise noted. 2. Digital variable message signs shall be provided at both ends of the project limits for one week prior to begin construction date. 3. The existing 18-foot wide one-way lanes on Winter Springs Blvd. shall not be temporarily configured for two-way traffic. 4. The contractor is responsible for maintenance of traffic. The contractor shall maintain the appropriate personnel and equipment onsite at all times to properly and safely maintain traffic. 5. Access to individual residential driveways and residential streets abutting Winter Springs Boulevard with no alternative access points shall be maintained at all times. 6. All traffic control plans shall be approved by the City prior to implementation. 7. The contractor shall provide off-duty law enforcement officer(s) to be used for traffic control for major changes in traffic movements, as directed by the City. An allowance bid item of 200 hours at $30.00/hour is provided. 8. Pedestrian access through the project limits shall be maintained at all times. Winter Springs Boulevard -Phases 2 and 3 Page 5 of 7 Typical Section #1: Mill and Resurface - _ _ ... - (-~-,r' i~ i [Xi57-~.YG CONCRE7E~ 5!Ck`.WA/N i.0 RENA/N.~ ~ B/I. SURVEY 8 C/L !YIN:TRUf,TrON I 1 27 S , ~ vJ rz s .~ 27 5' ~ .... i., . .. __ --- NULL L RESURr ACf ~ ~ 1 W I j ~ ~~ ~~. I ~¢ I ii i '- ~ Ih ~ W ~'~ i w i ~j31, i c.e2 _ _ _ ._. _ _i_ __._.. r. - v-°Z __ --- I -~ _ _ _ -- _. - __ _._ - - - ... ~- ~ _ ~~~EX;r flNy 1YPE' A ` ' C'(i?B fT0 RENAJNI-' `? ~ \ EXIS TlNG CONCNf IC"' 5/L~'WALk !TO RENAiNI Ex~s7ruc NfaN; ~ TYPIC/~L SF_CTIONS NQ.I `- Exlsrcvc aaw CURB (;C RE-IAINI -_ CURP. (TO RfNAINI WlNTfR SPr7/NGS 90U1EVM0 Milling and Resurfacino MiII 1.75" Average Depth and Resurface With 2.0' Type SP-12.5 (Traffic B) Structural Course Tyuical Section #2: Total Pavement Reconstruction ~e/[ suRVfr a c/[ ceNSrRL'Lrlnrv i CLEARING & GR6'RC/NG i r CI .IE_1R/NG 88 GR i 77.5 2 1B 1'1..5' ~ il. IB' 2~ ?7 S . - _~ , -t^ _ _ _ ____..__ ~ I PAVEMENT I PAVEMENT 4ii RELCNSTRU„TLON ~ RELONSTRUL Lr]LJ I I i? ~ j I I ~.,_.__ __. _~'~ ~~ '2 ?i I f ~i in : W I j ! 1 ~ ~ ' W i ¢ ~ ~ I ~ ~. I ~ ~ i I H .. ... -_ _.... L 0 C2 ._ J-. .... ._ __ I -. ._ __ ~ 0.0 I i __ _ _.. . _ i-. ~ .-.- ~ _ _~. _ _ .... e - --- % ~ ! ! / _ - _- ! , / ~ ' ExrsnW; Laru:fTf ""fX15TlNG TYPE A ! SfOfNA X LTO Pt I / ' / l f.!!RP. LTO REMA/Nl J L MA N -EXf57/AG X/AM/ tX.ST~NG LONLkf If-~ ~ CURt1 1T0 kEMaN! SIDEWALK (-0 REMAIN) i fxlsnac wAMJ-% 7YPiCAL SECFiJNS h't7 2 ruRR rro RfuaN, . . WIN)'EH SPRINGS 8000EVARO Total PavementTotal Pavement R~onstr~tion 2.0" Type SP-12.5 (Traffic B) Structural Course And Optional Base Group 9 (5.5" ABC-3) 1. fOLLgr1NG rNE EXISTING PAVEYfNT ffACWINNG BASF) AEMOVAL OPERA7'pNS. THE CpNTRAG'70R $NAI 1. PRDLV'-/q(L THE EX/ST/AG SUtlBA.SE TO PRONCf A $IABLENNI'If[LYML CCWpT,gV PA.a4 70 PUCYXr ASPHALTK BASE Cg1RSf. PRDD/ RIXLIMG SNACL CUVSlST Of' CGIIPALTKW WII!/ URGE D/AYETER $TATK NNM ADCLER. THE RDLIER SIUIl RAVE A LVN/X WE.GMT ~ AT LEAST A TORS.. PROCF RVLLUNS' SHALL C(M'S15T (K A WANAN/X OF TEN DVERLAPPLAG COVERAGES OF TN£ RO(LER W/TN A YAX/YUY TRAVEL SPEED L1' 2 fEET PER SEttWD. p/AfNG THE /'RLGF AOLLN~O OPERA 7/0.V. CAREFUL ODSENVATpN SNALC BE XAOE TO RELP lLIENTIfY AM/ AREAS (~ $OFT/YlfldMG SUBBASE MATERIAL TNA7 YAY REO'/!RE ADpTK/NAL WMK 2 TNF CWTAACTLVt SHALL 7AILE /N i0 ACCpJN7 THE COYPACiION RE'SULTLNG fALW P!d(MY'-RJLUAG THE SUBBASE WIffN FiETEHMINING THE DEPTH OF EXb T/XG PAVEXENI REA'0.'a. THE FINAL PAVfYENT ELEVATpN SHALL B£ / /I ' IlKJLER lIIAN TRf LIP OF 7NE GUTTER pV THE LGV SIDE Or TRL RDAD AS Si/QYA' IN T!X)i' RES.sN STANDNi05. Winter Springs Boulevard -Phases 2 and 3 Page 7 of 7 ,l°lnt Per Joint Sealer Alonufacturer's Guidelines Nol Pour Rubberized Sea/er Alpha/ t Asphol t (Thickness Varlesl !Thickness Varlesl N ' Bridge Deck or Bridge Deck, Approach Slob, or Pile Supported Pavement Plle Supported Pavement Backer Rod JOINT DETAIL NOTES 1. Mill osph0// surface on bridge deck, approach slab, or pile-supported-pavement os Indicated on plops. 2. Resurface !n accordance with plans. 3. Sow-cut completely through the asphalt overlay. WId1h shall match the concrete Joint width, but shall not exceed one (Il Inch. Remove o/I asphalt & debris from the Joint. 4. Clean the concrete Joint full depth. Remove of/materials & debris from the Joint. 5. Ensure that the Joint (asphalt and concrelel is clean !n accordance with the Joint sealant marwfacturer's guidelines. 6. Install backer rod at e/evatlon shown In oaciordanca with backer rod manufacturer's guidelines. Ensure the correct Docker rod Is used for Hot Pour Rubberized Sealer. 7. Sao/ the Joint using on approved Hot Pour Rubber/zed Sealer from the QPL S932 In accordance w/th the sealer manufacturer's guidelines. GENERAL NOTES 1. Backer rods shall be appropriate diameter for Joints. Different backer rod s/zes may be necessary. 2. Details are shown for riding surface only. See Design Standard Index No. 21/10 for details of Joints on rolled sidewalks, curbs, and raised median. Provide sidewalk cover plates any on the sidewalks and onty within the limits of the bridge and pile-supported pavement. SPECIAL NOTES 1. Contractor !s advised that the existing fencing on the sidewalks may Interfere with the Geoning and sealing of the sidewalk Joints. Contractor shall remove and re-install fence fabric as needed to facilitate the work. Fence posts shall not be removed. 2. Clean out debris from allborrler wall Joints. yL~N~1~ W~ "t" C S 0 375 750 1,500 2,250 3,000 Faet Yaer Pro ict Pro ectT Mill 8 Resurface Ysrda Reconstruct Yards Total Yards Avg. Mill De th In. Structural Caureo Dopih in. 0"Black Bsss Tons (110 Ib(SV/Inch Structural Course Tons (110 Ib/SY/inch -____ _ _... _. _T. n h iww oiw, Iwew i)aea ~ wlawo~a T~mberwilde ~ ReconsWa T,oai, T,.w 1.50 2521 830 le Nest Circle -North Half Ee Resudeu and Rewnstruct 5,887 3 745 9 812 2.00 1.50 1 236 7B3 Lancewacd Drive Reeudece 2 075 0 2 075 2.00 1.50 0 171 Tem a We / Lido Road S. Aldemrood St. / Cederwaod Cl. Ce u a Drive Resudeta Reaudaa Reeudece snd Remnatmcl 2 B28 3845 1 111 0 0 1,111 2 B28 3845 2 222 1.50 2.00 0.00 1.00 1.50 1.50 0 0 387 181 317 183 Vistawille Ddw Reaudau 2 800 0 2 800 2.00 1.50 0 215 Daven on Glen- Warrin on Stock rt Dawn rt Gelwa Resurface 3 B00 0 3 800 2.00 1.50 0 314 Oak Roed Nonham We - WS BhM to Howell Crock Bride Reaurfeu ReconalruA 2 021 0 0 7 B80 2 921 7 860 1.50 0.00 1.00 1.60 0 2 634 161 834 S. Gellowa Ct. Resurface 1 350 0 1 350 2.00 1.60 0 111 Total 28487 20176 48873 6868 3690 e ~ -- - `, ~~ CORPORATION City Of Winter Springs 1126 East S.R 434 Winter Springs, FL 32708 Attn: Brian Fields, P.E. City Engineer RE: Winter Springs Misc. Streets Piggy Back Contract. 4/04/08 Brian, Per our conversation The Middlesex Corporation has a contract with the Florida Department of transportation on SR 528. The FDOT contract number is E8124. Please find enclosed copy of this contract. We feel that the contract items and pricing will allow The City of Winter Springs and The Middlesex Corp. to perform all work previously discussed piggy backing this contract. Please find below description of contract items and contract pricing attached to your proposed quantities. * Denotes The City of Winter Springs items. 101-1 Mobilization * 104-99 Erosion Protection *Payment and Performance Bond 102-1 Maintenance of Traffic * 102-1 Maintenance of traffic * 110-1-1 Clearing and Grubbing * 160-99 Proof Rolling and Compaction * 160-100 removal and replacement of Sub base 327-70-13 Milling of Existing Asphalt (1 '/." AVG) *Milling of Existing Asphalt (1 3/a" AVG) 334-1-12 Superpave Asphalt Traffic B *285-709 Optional base Group # 9 @ 5.5" *334-1-12 Super pave Asphalt SP 12.5 1 LS = $8,500.00 1 LS = $11,000.00 1 LS = $157,700.00 26497 SY x $2.10 = $55,643.70 l 1240 TN x $85.00 = $955,400.00 $1,188,243.70 This Proposal includes a (1) one year warranty on workmanship and materials. Thank you Kirk Pettengill Estimator/Project Manager Cc: JM File 10$01 Cosmonaut Blvd., Orlando, FL 32824 • (407) 206-0077 • (407) 206-3559 (FAX) Affirmative Action/Equal Opportunity Employcr ee CORPORATION City Of Winter Springs 4/04/08 1126 East S.R 434 Winter Springs, FL 32708 Attn: Brian Fields, P.E. City Engineer RE: Winter Springs Blvd. Piggy Back Contract. Brian, Per our conversation The Middlesex Corporation has a contract with the Florida Department of transportation on SR 528. The FDOT contract number is E8124. Please find enclosed copy of this contract. We feel that the contract items and pricing will allow The City of Winter Springs and The Middlesex Corp. to perform all work previously discussed piggy backing this contract. Please find below description of contract items and contract pricing attached to your proposed quantities. * Denotes The City of Winter Springs items. 101-1 Mobilization 1 LS = $9,200.00 * 104-99 Erosion Protection *Payment and Performance Bond 102-1 Maintenance of Traffic 1 LS = $11,000.00 * 102-1 Maintenance of traffic * 110-1-1 Clearing and Grubbing * 160-99 Proof Rolling and Compaction * 160-100 removal and replacement of Sub base 327-70-13 Milling of Existing Asphalt (1 '/a" AVG) *Milling of Existing Asphalt (1 3/a" AVG) 334-1-12 Superpave Asphalt Traffic B *285-709 Optional base Group # 9 @ 5.5" *334-1-12 Super pave Asphalt SP 12.5 1 LS = $157,500.00 38946 SY x $2.10 = $ 81,786.60 12752 TN x $85.00 = $1,083,920.00 *458-1-21 Poured Expansion Joints at Bridges 438 LF X $40.00= $17,520.00 $ 1,360,926.60 999-25 Initial Contingency Amount Do Not Bid = $6000.00 *OffDuty Law Enforcement $1,366,926.60 This Proposal includes a (1) one year warranty on workmanship and materials. Page 1. 1OS01 Cosmonaut Blvd., Orlando, FL 32824 • (407) 206-0077 • (407) 206-3559 (FAX) Affirmative Action/Equal Opportunity Employer BITUMINOUS MATERIAL GASOLINE AND DIESEL FUELS AND NATURAL GAS PRICE INDEX To obtain information on Bituminous Material Gasoline and Diesel Fuels and Natural Gas Price Index, please go to the following web site and click Asphalt Price Index: I~ttn:/hvww.clot.state.fl.us/cc-admin LCSCSIA FLORIDA DEPARTMENT OF TRANSPORTATION DATE 07/09/07 CONTRACT SCHEDULE OF ITEMS PAGE 2 AWARDED VENDOR: VF042534615002 MIDDLESEX CORPORATION (THE) CONTRACT ID: E8I24 FIN PROJ NUM: 42226415201 (*) FED AID NUM: N/A ------------------------------------------------------------------------------------ LINEI ITEM NUMBER AND ~ APPROXIMATE ~ UNIT PRICE BID ~ EXTENDED AMT. NO ~ ITEM DESCRIPTION ~ QUANTITIES ~----------------I-------------- AND UNITS ~ DOLLARS ~ CTS ~ DOLLARS ICTS ------------------------------------------------------------------------------------ SECTION 0001 ROADWAY ------------------------------------------------------------------------------------- 0101 1 MOBILIZATION 0005 42226415201 LUMP LUMP ~$ 540,000.00 ------------------------------------------------------------------------------------- ~0102 1 MAINTENANCE OF ~ ~ I OOlO~TRAFFIC 42226415201 ILUMP LUMP ~$ 127,900.00 ----- ------------------------- 0102 14 TRAFFIC CONTROL ----- ---------------- ---------------- ------ ------------ OOIS OFFICER i 288.000 50.00000 $ 14,400.00 I ------ ------------------- - -- MH ----- ----- - i i - - 0102 60 WORK ZONE SIGNS --------- - -l--------------- -- ---- ------------ 00201 I 14,804.000 0.27000 $ 3,997.08 ------ ------------------- ---- - IED - - I I - ~0102 74 1 BARRICADE, --- -- ------------- ---------------- -- ---- ------------ 0025~TEMPORARY, TYPES I, II, I 80,534.000 I 0.18000 $ 14,496.12 ~DI, VP & DRUM IED ' I ------------------------------ ~0102 76 ADVANCE WARNING ----- ---------------- ----------------- - ---- ------------ 0030iARROW PANEL 330.000 ~ 9.00000 I$ 2,970.00 -------------------------- -- IED -- I0102 77 HIGH INTENSITY -- --- ---------------- ----------------- ----- ------------ 0035~FLASHING LIGHTS, TEMP, I 5,102.000 i 0.35000 $ 1,785.70 TYPE B I ED i ------------------------------ I0102 78 REFLECTIVE ----- ~ ---------------- ----------------- ----- I ------------ 0040IPAVEMENT MARKER, ~ 4,014.000 I 3.75000 $ 15,052.50 TEMPORARY ------------------------------ IEA - I I0102 89 7 CRASH - --- ----------------- ---------------- -- ---- ----------- 0045ICUSHION/IMPACT ~ 20.000 I 400.00000 $ 8,000.00 IATTENUATOR, TEMPORARY, ILO IREDIRECTIVE OPTION ~ i ------------------------------ ~0102 99 - - --- I ---------------- ---------------- ------ I ----------- OOSO~CHANGEABLE-VARZABLE I 950.000 I 17.00000 $ 16,150.00 MESSAGE SIGN, TEMPORARY ED i 0102150 1 PORTABLE ~ I 0055iREGULATORY, SIGN + 1,320.000 i 14.00000 $ 18,480.00 ------------------------------- ED - j ~0102150 2 RADAR SPEED ---- ~ ---------------- ---------------- ~ ------ I ----------- 0060iDISPLAY UNIT 1,320.000 i 14.00000 $ 18,480.00 ------------------------------- IED ----- ---------------- ---------------- i ------ ----------- LCSCSIA FLORIDA DEPARTMENT OF TRANSPORTATION DATE 07/09/07 CONTRACT SCHEDULE OF ITEMS PAGE 3 AWARDED VENDOR: VF04253461500 2 M IDDLESEX CORPORATION (THE) CONTRACT ID: E8I24 FIN PR OD NUM: 42226415201 (*) FED AID NUM: N/A ------------------------------ LINEI ITEM NUMBER AND ---- I ---------------- APPROXIMATE ------------------ I UNIT PRICE BID ---------------- I EXTENDED AMT. NO I ITEM DESCRIPTION I QUANTITIES I---------------- I--- -------- I I AND UNITS I DOLLARS I CTS ( DOLLARS ICTS ------------------------------ I0104 10 2 SYNTHETIC ---- I ---------------- ------------------ I ---- I ------------ 0065IBALES I 780.000 I 8.00000 I$ 6,240.00 I ------------------------------ ILF ---- ---------------- I ----- I I0104 13 1 STAKED SILT I ------------- ( ---- I ------------- 0070IFENCE, TYPE III I 8,200.000 I 1.50000 I$ 12,300.00 I ------------------------------ ILF ---- ---------------- I - I I0104 16 ROCK BAGS I ----------------- I - --- ------------- 00751 i 760.000 2.00000 I$ 1,520.00 --------------- ---- ------ ~ i - -- -- I0110 1 1 CLEARING & ---- I ---------------- ------------------ I ---- i ------------- OOBOiGRUBBING 42226415201 iLUMP iLUMP i$ 190,000.00 ------------------------------ I0120 1 REGULAR ---- I ---------------- ------------------ I ---- I ------------- 0085IEXCAVATION I 881.000 45.00000 $ 39,645.00 I ---------------------------- ICY i i -- I0120 6 EMBANKMENT ----- --------------- ------------------ I -- I -- ------------- 00901 1 9.000 85.00000 $ 765.00 ----------------------- CY i I -------- I0285701 OPTIONAL BASE, ---- I --------------- ------------------ I ---- I ------------- 0095iBASE GROUP Ol I 3,214.000 i 15.00000 i$ 48,210.00 SY ------------------------------- I0327 70 1 MILLING EXIST ---- --------------- -- ---------------- ---- ------------- Ol00iASPH PAVT, 1" AVG DEPTH 77,827.000 I 2.10000 $ 163,436.70 ------------------ - ISY i ------ ------ I0327 70 13 MILLING EXIST ---- I --------------- ------------------ I ---- ( ------------- OlO5IASPH PAVT, 1 3/4" AVG I 198,325.000 I 2.10000 I$ 416,482.50 IDEPTH ------------------------------- ISY --- - I I I0327 70 15 MILLING EXIST - -------------- ------------------ I ---- I ------------- O110IASPH PAVT, 2 3/4" AVG I 933.000 4.00000 $ 3,732.00 IDEPTH ------------------------------- ISY ---- --------------- i -------- i 0334 1 12 SUPERPAVE I I ---------- ---- I ------------- 0115 B PHALTIC CONC, TRAFFIC ~ 3,149.800 I 85.00000 $ 267,733.00 TN I i ------------------------------- I0334 1 13 SUPERPAVE ---- I --------------- --- --------------- I ---- I ------------- 0120iASPHALTIC CONC, TRAFFIC ~ 13,858.300 i 85.00000 $ 1,177,955.50 C ------------------------------- TN ---- - + I0337 7 5 ASPHALT I --------------- ------------------ I --- I ------------- 0125ICONCRETE FRICTION I 7,541.600 i 135.00000 I$ 1,016,116.00 ICOURSE- INC BIT/RUBBER, ITN I I IFC-5 ------------------------------- I ---- ---------------- I ------------------ I --- ------------- LCSCSIA FLORIDA DEPARTMENT OF TRANSPORTATION DATE 07/09/07 CONTRACT SCHEDULE OF ITEMS PAGE 4 AWARDED VENDOR: VF042534615002 MI DDLESEX CORPORATION (THE) CONTRACT ID: E8Z24 FIN PROJ NUM: 42226415201 ------------ (+) FED AID NUM: ------------------- N/A ----- ---------- ------------------------------- LINE ITEM NUMBER AND ---- I --- APPROXIMATE I UNIT PRICE BID ~ EXTENDED AMT. NO ~ ITEM DESCRIPTION I QUANTITIES ~----------------I ----- --------- I AND UNITS ~ DOLLARS I CTS I DOLLARS ICTS I0337 7 22 ASPH CONC ~ ( 0130~FRICTION COURSE, INC BIT, 1,079.400 ~ 135.00000 ~$ 145,719.00 ~FC-5, PG76-22 ~TN -- I -- ------ - - - ----- ------ -- ------------------------------- I0339 1 MISCELLANEOUS ---- ~ ----------- -- - -- -- -- - I i --- ASPHALT PAVEMENT 0135 1,483.500 172.00000 $ 255,162.00 i ---------------------- -- - TN I ---- --------------- I ------------------- I ----- ----------- -- --- - ~0425 4 INLETS, ADJUST 0140 ~ 4.000 ~ 2,200.00000 $ 8,800.00 I ---------------------------- IEA ---- --------------- ~ ------------------- I ----- ----------- --- ~0536 1 1 GUARDRAIL ~ I 01451-ROADWAY I 1,236.000 ~ 17.25000 I$ 21,321.00 I ------------------------------ ILF ---- --------------- I ------------------- I ----- ----------- - ~0536 1 3 GUARDRAIL- I 0150IROADWAY, DOUBLE FACE I 18,975.000 27.95000 ~$ 530,351.25 ------------------------------- ILF ---- --------------- -- ----------------- I ----- ----------- 0536 1 6 GUARDRAIL- O155 IBRIDGE, THRIE BEAM I 500.000 ~ 17.25000 $ 8,625.00 ----- -------------------------- ~LF ---- --------------- ------------------- I ----- ----------- 0536 8 1 GUARDRAIL, ~ ~ I 0160~BRIDGE ANCHORAGE ~ 16.000 ~ 2,600.00000 I$ 41,600.00 ASSEMBLY, INSTALL ~EA ~ I ------------------------------- 0536 8 6 GUARDRAIL, ---- ~ --------------- ------------------- I ----- I ----------- 0165IBRIDGE ANCHORAGE 16.000 ~ 300.00000 I$ 4,800.00 ASSEMBLY, REMOVE IEA ------------------------------- I0536 73 GUARDRAIL ---- ~ --------------- ------------------- ~ ----- I ----------- 0170IREMOVAL I 2,518.000 ~ 4.00000 I$ 10,072.00 I ------------------------------- ILF ---- --------------- ~ ------------------- I ----- ----------- 0536 85 22 GUARDRAIL END ~ I 0175I ANCHORAGE ASSEMBLY- 15.000 ~ 2,100.00000 $ 31,500.00 I FLARED EA ------------------------------- I0536 85 25 GUARDRAIL END ---- ~ --------------- ------------------- I ----- I ----------- 0180IANCHORAGE ASSEMBLY- TYPE ~ 6.000 I 1,200.00000 I$ 7,200.00 III ------------------------------- ~EA ---- --------------- ~ ------------------- I ----- --- ----- I 0544 75 14 CRASH CUSHION I ~ I - -- 0185 - VEHICULAR IMPACT ~ 1.000 ~ 28,000.00000 I$ 28,000.00 ATTENUATOR, QUADGUARD ~EA ~ I ------------------------------- (0546 72 51 RUMBLE STRIPS, ---- --------------- --- ---------------- ----- I ----------- 0190 GROUND-IN, 16" MIN. ~ 13.100 i 1,200.00000 $ 15,720.00 i WIDTH PM I ------------------------------- ~0570 1 2 PERFORMANCE ---- ~ --------------- --- ---------------- ----- I ----------- 0195iTURF, SOD I 38,989.000 I 1.80000 $ 70,180.20 ------------------------------- SY ---- --------------- --- ---------------- i ----- ----------- LCSCSIA FLORIDA DEPARTMENT OF TRANSPORTATION DATE : 07/09/07 CONTRACT SCHEDULE OF ITEMS PAGE 5 AWARDED VENDOR: VF042534615002 MI DDLESEX CORPORATION (THE) CONTRACT ID: E8I24 FIN PROJ NUM: 42226415201 (*) FED AID NUM: N/A ------------------------------- LINE~ ITEM NUMBER RND ---- ~ --------------- APPROXIMATE ------------------ ~ UNIT PRICE BID ---------------- ~ EXTENDED AMT. NO ~ ITEM DESCRIPTION ~ QUANTITIES ~" ---- ----- AND UNITS ~ DOLLARS ~ CTS DOLLARS ICTS -------------------------- ~0630 1 12 CONDUIT - ---- --------------- ------------------ ------ ---------- 0200~SIGNALS, FURNISH & ~ 11.000 300.00000 $ 3,300.00 INSTALL, UNDERGROUND ~LF i i ------------------------------- ~0660 2102 LOOP ASSEMBLY, ---- --------------- ------------------ ------ ----------- 0205iF&I, TYPE B 1.000 700.00000 $ 700.00 ------------------------------- I~ ---- --------------- i - i ~0700 20 12 SINGLE POST ----------------- - ----- ----------- 0210iSIGN, F&I, 12-20 SF i 3.000 1,600.00000 I $ 4,800.00 ----------------------- --- ~ - i - ---- ~0700 20 60 SINGLE POST ---- -------------- -- ---------------- ------ ----------- 0215iSIGN, REMOVE 1.000 ~ 200.00000 $ 200.00 ------------------- -- i~ i -- -------- 0710 11111 PAINTED ---- --------------- ------------------ ------ ----------- 0220~PAVEMENT MARKINGS, I 14.314 ~ 1,400.00000 ,$ 20,039.60 STANDARD, WHITE, SOLID, NM I6„ ------------------ ------------- ~0710 11112 PAINTED ---- --------------- --- --------------- ------- ---------- 0225~PAVEMENT MARKINGS, ~ 2.716 I 1,600.00000 $ 4,345.b0 STANDARD, WHITE, SOLID, NM i leo I ------------------------------- 0710 11123 PAINTED ---- --------------- ------------------ ------- ---------- 0230 PAVEMENT MARKINGS, ~ 50.000 ~ 3.00000 I$ 150.00 STANDARD, WHITE, SOLID, ~LF ~12" ----------- -- - - - --------------- ~0710 11124 PAINTED ----- -------------- ------------------ ------- ---------- 0235~PAVEMENT MARKINGS, ~ 3,434.000 2.10000 $ 7,211.40 STANDARD, WHITE, SOLID, LF I I ~18" ------------------------------- ~0710 11125 PAINTED ----- --------------- ----------------- ------- ---------- 0240~PAVEMENT MARKINGS, 63.000 5.00000 $ 315.00 STANDARD, WHITE, SOLID, LF I i 24" ------------------------------- ~0710 11131 PAINTED ----- --------------- ------------------ ------ ---------- 0245~PAVEMENT MARKINGS, ( 9.491 1,200.00000 I$ 11,389.20 STANDARD, WHITE, SKIP, GM i 6 ~, ------- I ------------------------- ~0710 11160 PAINTED ---- --------------- ------------------ ------ ---------- 0250~PAVEMENT MARKINGS, I 15.000 60.00000 $ 900.00 STANDARD, WHITE, MESSAGE I EA . i i -------------------------------- ~0710 11170 PAINTED ---- --------------- ------------------ ------ ---------- 0255~PAVEMENT MARKINGS, 20.000 30.00000 I ~$ 600.00 STANDARD, WHITE, ARROWS EA LCSCSIA FLORIDA DEPARTMENT OF TRANSPORTATION DATE 07/09/07 CONTRACT SCHEDULE OF ITEMS PAGE 6 AWARDED VENDOR: VF042534615002 MIDDLESEX CORPORATION (THE) CONTRACT ID: E8I24 FIN PROJ NUM: 42226415201 ------------------------- (*) FED AID NUM: N/A ------------------------- LINE~ ITEM NUMBER AND I APPROXIMATE ------------------ ~ UNIT PRICE SID ---------------- ~ EXTENDED AMT. NO ITEM DESCRIPTION ~ QUANTITIES ~---------------- I______________ AND UNITS ----------------------------- - ------- ~ DOLLARS ~ CTS ~ DOLLARS CTS ------------ ~0710 11211 PAINTED -- ---------------- - --------------- 0260~PAVEMENT MARKINGS, ~ 14.217 1,400.00000 ~$ 19,903.80 STANDARD, YELLOW, SOLID, NM I I6n -------------------------------------------------- ~0710 90 PAINTED PAVEMENT ------------------ ----------------- 0265~MARKINGS, FINAL SURFACE LUMP LUMP $ 114,000.00 42226415201 ---------- i ---------------------------------------- ~0711 17 THERMOPLASTIC, ------------------ ----------------- 0270~REMOVE ~ 3,138.000 I 2.70000 ($ 8,472.60 ~SF ---------------------- -- - ----------------------- ~0999 25 INITIAL ------------------ ----------------- 0275~CONTINGENCY AMOUNT, DO LUMP LUMP $ 84 000.00 NOT BID 42226415201 i i , ------------------------------- ----- ------------ ~TOTAL BID ~ _______3__________ ---------------- I -------------- ~$ 5,587,224.75 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-26 CONTRACT CONTRACTS ADMINISTRATION District occ - oyos This Contract, is entered into this ~ day of ~.~. ~~ 5 OL ,between the State of Florida Department of Transportation, hereinafter called the Department, and The Middlesex Corporation of One Speilacte Pond Road, Littleton, MA 01460 ,herein called the Contractor. The Contractor agrees with the Department, for the consideration herein mentioned, and at Its own proper cost and expense, to do all the work and furnish ail the materials, equipment, supplies and labor necessary to cant' out this Contract in the manner and to the full extent as set forth in the Proposal, Standard Specifications as Amended by the Specifications Package end any Supplemental Specifications Packages, and the Plans, under security as set forth in the attached bond, all of which are hereby adopted and made part of this Contract and incorporated by reference herein, and to the satisfaction of the duly authorized representatives of the Department of Transportation, who shall have at all times full opportunity to Inspect the materials to be furnished and the work to be performed under this Contract. The Contractor shall also maintain such insurance as will protect the Department from any or all dolma for property damage, personal injury and bodily injury inducting death, which may arise from operations under this Contract. Certificates of such insurance shall be filed with the Department and shall be subject to its approval for adequacy of protection. It is agreed that the work to be done under this Contract is to construct or otherwise improve the road(s), bridge(s), and building(s) described as: Work consists of providing all labor, materials, equipment and incidentals necessary for the milling and resurtadng of SR 528 (Beachline) mainline and ramps. Inducted in the project will be the construction of median guardrail and miscellaneous safety improvements. '-' in Orange County(ies), a distance of approximately 3.842 mile(s) and known as Federal Aid Project No(s).: Financial Project No(s).: 422264-1-52-01 Contrail No. E8124 In consideration of the foregoing premises, the Department agrees to pay the Contractor, for all items of work performed and material famished at the unit prices and under conditions set forth in the attached proposal. IN WITNESS WHEREOF, the Department has hereunto caused these presents to lx3 subscribed and the Contrailor has affixed its name and seal, the date aforesaid. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,~')~,i ~,' ' ,~i ~,! eputy ecuUve Dire /f ~~~.J1 ~ ;% ~..~ .~,= Turnpike ~~7 omey FDOT Date T mpike General Counsel Complete the following as appropriate Entity Name: ~~-_ I (f ~ ~ "~ j _.~ (Seal) Authorized Signature: Name & Title (Print): "•(VI L~ ,_ ~~ ~ ~ ~~Jt~ ~~(~~jf.~L.y( ~'- 'Signature: ~ Name & Title (Print): 'In the event of a Partnership both signature and printed name of 2 partners must be affixed. tic . ~~ ~, ~ ~ 7 ~'~ Organized and existing under the laws of the State of Massachusetts and authorized to do business in the State of Florida, pursuant to the laws of the State of Florida. State of Florida Department of Environmental Protection Generic Permit For Stormwater Discharge from Large and Small Construction Activities May 2003 This permit is issued under the provisions of Section 403.0885, Florida Statutes, and applicable rules of the Florida Administrative Code pursuant to the Department's federally-approved National Pollutant Discharge Elimination System (NPDES) Stormwater regulatory program. Stormwater discharge associated with large construction activity, as defined at 40 CFR Part 122.26(b)(14)(x) and herein, is regulated pursuant to Section 402(p)(2) of the federal Clean Water Act (CWA). Stormwater discharge associated with small construction activity, as defined at 40 CFR 122.26(b)(15) and herein, is regulated pursuant to Section 402(p)(6) of the CWA. This permit constitutes authorization to discharge stormwater associated with large and small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4). Until this permit is terminated, modified, or revoked, permittees that have properly obtained coverage under this permit are authorized to discharge to surface waters of the State, including through an MS4, in accordance with the terms and conditions of this permit. DEP Document No. 62-621.300(4)(a) Effective May I, 2003 Part I. General Provisions A. Applicability and Coverage I . Federal law prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large or small construction activities pursuant to 40 CFR Part 122 and as defined in Part lI of this permit, to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62-621, F.A.C., or an individual permit issued pursuant to Chapter 62-620, F.A.C. 2. Coverage under this generic permit is available for stormwater discharges from large and small construction activities to surface waters of the State as defined in Section 403.031, F.S., including stormwater discharges associated with construction activity to surface waters of the State through an MS4. 3. This generic permit does not constitute authorization under Part [V of Chapter 373, F. S., for the construction, alteration, operation, maintenance, abandonment, or removal of any stormwater management system, dam, impoundment, reservoir, or appurtenant work or works, including dredging or filling, in, on or over wetlands and other surface waters, as determined by the methodology authorized in Subsection 373.421(1), F. S. 4. This generic permit authorizes the discharge of stormwater associated with construction activity under the State's federally-approved NPDES stormwater program only and does not supersede the requirement to obtain a stormwater discharge permit under Chapter 62-25, F.A.C.; environmental resource permit (ERP) under Part IV, Chapter 373, F.S.; stormwater discharge permit from aDepartment-approved delegated local government; or any other required federal, state, or local government permit. B. Eligibility t. This permit authorizes the discharge of stormwater associated with large and small construction activity, as defined in Part II of this permit, occurring after the effective date of this permit. 2. This permit authorizes stormwater discharge associated with construction activity that is mixed with stormwater discharges associated with industrial activity other than construction, where: a. the industrial source other than construction is located on the same site as the construction activity; b. stormwater discharges associated with industrial activity from the areas of the site where construction activities are occurring are in compliance with the terms of this permit; and c. stormwater discharges associated with industrial activity from the areas of the site where industrial activity other than construction are occurring are in compliance with the terms of a different generic permit (e.g., Multi-Sector Generic Permit for stormwater Discharge Associated with Industrial Activitiy) or individual permit authorizing such discharges. DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 3. Limitations on Coverage. The following stormwater discharges from construction sites are not authorized by this permit: a. stormwater discharges that originate from the site after construction activities have been completed and the site has undergone final stabilization; b. discharges that are mixed with sources ofnon-stormwater, other than discharges identified in Part IV.A.3. of this permit; c. stormwater discharge associated with construction activity that is covered under an existing generic or individual permit. Such discharges may be authorized under this permit after the existing individual permit or generic permit term of coverage expires, provided the existing permit did not establish numeric limitations for such discharges; or d, stormwater discharge associated with construction activity that the Department has determined to be or may reasonably be expected to be causing or contributing to a violation of a surface water quality standard. C. Obtaining Authorization I . In order for stormwater discharge associated with construction activity to be authorized under this generic permit, an operator must: a. Meet the eligibility requirements in Part I.B. of this permit; b. Develop and implement a stormwater pollution prevention plan (SWPPP) in accordance with the requirements of Part V of this permit; and c. Submit a completed Notice of Intent (NOI) in accordance with the requirements of Part III. of this permit, including submittal of the appropriate processing tee as established in Rule 62-4.050(4)(d), F.A.C. 2. 'fhe Department may deny coverage under this permit or require submittal of a revised NOI based on the Department's determination that the NOI is incomplete, the permit fee has not been paid, or the submittal otherwise is not in accordance with the requirements of this generic permit. Part II. Definitions For the purposes of this generic permit, the following definitions shall apply, unless otherwise indicated: I . "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. "Construction Activity" means the act or process of developing or improving land which involves the disturbance of soils and includes clearing, grading, and excavation. 3. "Commencement of Construction" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. ~. "Department" or "DEP" means the Florida Department of Environmental Protection. 5. "Final Stabilization" means that all soil disturbing activities at the site have been completed, and that a uniform (e.g., evenly distributed, without large bare areas) perennial DEP Document No. 62-621.300(4)(a) Effective May I, 2003 vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures (e.g., geotextiles) have been employed. 6. '`Large Construction Activity" means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. 7. '`Municipal Separate Storm Sewer System" or "MS4" means a large, medium, or small MS4 as detned in Chapter 62-624, F.A.C. 8. "NO(" means notice of intent to be covered by this permit (see Part III of this permit. ) 9. "NOT" means notice of termination (see Part VIII of this permit). 10. "NPDES" means the Department's federally-approved National Pollutant Discharge Elimination System program. 11. "Operator" means the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity and that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of this permit. 12. "Qualified Inspector" means a person that: a. has successfully completed and met all requirements necessary to be fully certified through the DEP stormwater, Erosion, and Sedimentation Control Inspector Training Program; b. has successfully completed an equivalent formal training program; or c. that is qualified by other training or practical experience in the field of stormwater pollution prevention and erosion and sedimentation control. 13. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. 14. "stormwater" means the flow of water which results from, and which occurs immediately following, a rainfall event. 15. "stormwater discharge associated with construction activity" means the discharge of stormwater from large or small construction activities, including areas where soil disturbing activites; construction materials handling or storage; or, equipment storage or maintenance are located. 16. "Surface Waters of the State" means those surface waters that are defined in section 403.031, F. S. 17. "Water Management District" or "WMD" means the Northwest Florida Water Management District, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, or the South Florida Water Management District. Part III. Notice of Intent Requirements A. Deadlines for Notification. DEP Document No. 62-621.300(4)(a) Effective May I, 2003 4 I . Operators seeking coverage under this generic permit to authorize stormwater discharge associated with construction activity for new large or small construction activities, for which commencement of construction begins after the effective date of this permit, shall file an NOf for coverage under this permit at least two (2) days before commencement of construction. 2. Operators of small construction activity, where commencement of construction occurred prior to the effective date of this permit, seeking coverage under this permit to authorize stormwater discharge associated with construction activity after the effective date of this permit shall file an NOI for coverage within 31 days of the effective date of this permit. 3. Permittees that previously obtained coverage under the State of Florida Generic Permit for Construction Activities That Disturb Five or More Acres of Land, issued and effective October 22, 2000, for large construction activity shall remain covered under that generic permit until permit coverage is terminated, revoked, or the permittee's five year term of coverage expires. Permittees covered under the October 2000 generic permit indicated above that.will have stormwater discharge associated with construction activity beyond their initial five year term of coverage under the October 2000 generic permit shall submit an NOI for coverage under this generic permit at least two (2) days before expiration of coverage under the October 2000 generic permit. ' 4. For construction activities where the operator changes, the new operator shall file an NOf for coverage under this permit at least two (2) days before assuming control of the project and the previous operator shall file an NOT to terminate permit coverage in accordance with Part VIII of this permit. B. Contents of Notice of Intent. 1. In order to obtain coverage under this permit, an operator of the stormwater discharge associated with construction activity shall submit a completed Notice of Intent to Use Generic Permit for stormwater Discharge from Large and Small Construction Activites, DEP Form 62-621.300(4)(b), effective May I, 2003, including the applicable permit processing fee as specified in Rule 62-4.050(4)(d}, F.A.C. By completing, signing, and submitting an NO[, the operator is certifying that they meet all eligibility requirements of this permit and are informing the Department of their intent to be covered by, and comply with, the terms and conditions of this generic permit. The Notice of Intent shall be signed in accordance with Part VII.C. of this permit by the operator. C. Where to Submit. NOIs are to be submitted to the following address: NPDES stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 2. A copy of the NOI or letter from DEP confirming coverage under this generic permit shall be posted at the construction site in a prominent place for public viewing (such as alongside a building permit). D. Additional Notification. 1. Projects that discharge stormwater associated with construction activity to a municipal separate stormwater system (MS4) shall submit a copy of the NOI to the operator of the MS4. E. Period of Coverage I . Coverage under this generic permit is effective two (2) days after the date of submittal of a complete NOI to the .Department. 2. Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. F. Permit Coverage Renewal I . If the project will continue to have stormwater discharge associated with construction activity beyond the initial five year term of coverage, the operator shall submit a new NOI at least two (2) days before expiration of the current term of coverage under this permit. Part IV. Special Conditions, Management Practices, and Other Non-numeric Limitations A. Prohibition on Non-stormwater Discharges. I. Except as provided in paragraphs I.B.2. and IV.A.3., all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. 2. Except as specified in IV.A.3. below, discharges of material other than stormwater associated with construction activity must be in compliance with a Department permit (other than this permit) issued for the discharge, or be exempt therefrom. 3. The following non-stormwater discharges may be authorized by this permit provided the non-stormwater component of the discharge is in compliance with paragraph V.D.S.: discharges from fire fighting activities; fire hydrant flushings; waters used to spray off loose solids from vehicles (wastewaters from a more thorough cleaning, including the use of detergents or other cleaners is not authorized by this part) or control dust in accordance with Part V.D.2.c.(2); potable water sources including waterline flushings; irrigation drainage; routine external building washdown which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; springs; and foundation or footing drains where flows are not contaminated with process materials such as solvents. 4. Discharges resulting from ground water dewatering activities at construction sites are not covered by this permit. Applicants for these discharges must obtain coverage under the Department's Generic Permit for the Discharge of Produced Ground Water from any Non- contaminated Site Activity pursuant to Rule 62-621.300(2), F.A.C. DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 6 B. Releases in Excess of Reportable Quantities. I . The discharge of hazardous substances or oil in the stormwater discharge(s) from a facility or activity shall be prevented or minimized in accordance with the applicable stormwater pollution prevention plan for the facility or activity. This permit does not relieve the operator of the reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a release containing a hazardous substance in an amount equal to or in excess of a reporting quantity established under either 40 CFR 117 or 40 CFR 302, occurs during a 24 hour period: a. The operator is required to notify the State Warning Point (800-320-0519 or 850- 413-991 I) as soon as he or she has knowledge of the discharge; b. The operator shall submit within 14 calendar days of knowledge of the release a written description of: the release (including the type and estimate of the amount of material released), the date that such release occurred, the circumstances leading to the release, and remedial steps to be taken, to the Florida Department of Environmental Protection, NPDES stormwater Section, Mail Station 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and c. The stormwater pollution prevention plan required under Part V of this permit must be modified within 14 calendar days of knowledge of the release to: provide a description of the release, the circumstances leading to the release, and the date of the release. In addition, the plan must be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the plan must be modified where appropriate. 2. This permit does not authorize the discharge of hazardous substances or oil resulting from an on-site spill. Part V, stormwater Pollution Prevention Plan A. A stormwater pollution prevention plan shall be developed and implemented for each construction site covered by this permit. stormwater pollution prevention plans shall be prepared in accordance with good engineering practices. Equivalent erosion and sediment control plans prepared as a permit requirement under Part [V, Chapter 373, F.S., or Chapter 62-25, F.A.C., may serve as the pollution prevention plan provided all of the elements of this section are included in such an alternative plan. The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharge associated with construction activity. In addition, the plan shall describe and ensure the implementation of best management practices which will be used to reduce the pollutants in stormwater discharge associated with construction activity and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the stormwater pollution prevention plan required under this part as a condition of this permit. Failure to develop and implement a stormwater pollution prevention plan in accordance with the requirements of this part shall be deemed a violation of this permit and may result in enforcement action. B. Deadlines for Plan Preparation and Compliance. I. The pollution prevention plan shall: DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 a. Be completed (including certification by the operator in accordance with Part VII.C.) prior to the submittal of an NO[ to be covered under this permit and updated as appropriate; b. The plan shall provide for compliance with the terms and schedule of the plan beginning with the initiation of construction activities. C. Keeping Plans Current. 1. The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the State or an MS4, including the addition of or change in location of stormwater discharge points, and which has not otherwise been addressed in the plan. The permittee also shall amend the plan if it proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Part V.D. I. of this permit, or in otherwise achieving the general objectives of controlling pollutants in stormwater discharge associated with construction activity. in addition, the plan shall be amended to identify any new contractor and/or subcontractor that will implement a measure of the stormwater pollution prevention plan (see Part V.D.6.). Amendments to the plan shall be prepared, signed, dated, and kept as attachments to the original plan. D. Contents of Plan. 1. Site Description. Each plan shall provide a description of pollutant sources and other information as indicated: a. A description of the nature of the construction activity; b. A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g. grubbing, excavation, grading); c. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other construction activities; d. Existing data describing the soil or the quality of any discharge from the site and an estimate of the size of the drainage area for each discharge point; e. A site map indicating drainage patterns and approximate slopes anticipated after major grading activities, areas of soil disturbance, an outline of areas which may not be disturbed, the location of major structural and nonstructural controls identified in the plan, the location of areas where stabilization practices are expected to occur, surface waters, wetlands, and locations where stormwater is discharged to a surface water or MS4; and, f. The latitude and longitude of each discharge point and the name of the receiving water(s) for each discharge point. 2. Controls. Each plan shall include a description of appropriate controls, BMPs, and measures that will be implemented at the construction site. The plan shall clearly describe for each major activity identified in Part V.D.I.b. appropriate control measures and the timing during the construction process that the measures will be implemented. For example, perimeter controls for one portion of the site wit) be installed after the clearing and grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site. Perimeter controls shall be actively maintained until final stabilization of those portions of the site upward of the perimeter control. Temporary perimeter controls shall be removed after final stabilization. All controls shall be consistent with the performance standards for erosion and sediment control and DEP Document No. 62-621.300(4)(a) Effective May I, 2003 8 stormwater treatment as set forth in Rule 62-40.432, F.A.C., the applicable stormwater or environmental resource permitting requirements of the DEP or appropriate WMD, and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (DEP, 1988) and any subsequent amendments. a. Erosion and Sediment Controls. (I) Stabilization Practices. Each plan shall provide a description of interim and permanent stabilization practices, including site-specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. A record of the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site and when stabilization measures are initiated shall be included in the plan. Stabilization measures shall be initiated as soon as practicable, but in no case more than 7 days, in portions of the site where construction activities have temporarily or permanently ceased. (2) Structural Practices. Each plan shall include a description of structural practices, to divert flows from exposed soils, store flows, retain sediment on-site, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Such practices may include silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, coagulating agents and temporary or permanent sediment basins. Structural BMPs shall be placed on upland soils unless a State of Florida wetland resource management permit or environmental resource permit issued pursuant to Chapter 373, F.S., and applicable regulations of the DEP or WMD authorize otherwise. (3) Sediment Basins. (a) For drainage basins with 10 or more disturbed acres at one time, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site. The 3,600 cubic feet of storage area per acre drained does not apply to flows from offsite areas and flows from onsite areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. For drainage basins with 10 or more disturbed acres at one time and where a temporary sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent controls is not attainable, a combination of smaller sediment basins and/or sediment traps and other BMPs should be used. At a minimum, silt fences, or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. (b) For drainage basins of less than I 0 acres, sediment basins and/or sediment traps are recommended but not required. At a minimum, silt fences or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. (c) Areas that will be used for permanent stormwater infiltration treatment (e.g., stormwater retention ponds) should not be used for temporary sediment basins unless appropriate measures are taken to assure removal of accumulated fine sediments, which may cause premature clogging and loss of infiltration capacity, and to avoid excessive compaction of soils by construction machinery or equipment. b. Permanent Stormwater Management Controls. DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 9 Each plan shall include a description of stormwater management controls or BMPs (e.g., stormwater detention or retention systems, vegetated swales, velocity dissipation devices at discharge points) that will be installed during the construction process to control pollutants in stormwater discharges that will occur during construction and after construction operations have been completed. This generic permit only addresses the installation of stormwater management controls and not the ultimate operation and maintenance of such controls after the construction activities have been completed and the site has undergone final stabilization. Under this generic permit, permittees are only responsible for the installation and maintenance of stormwater management BMPs prior to final stabilization of the site, and are not responsible for maintenance after stormwater discharges associated with construction activity have been eliminated from the site. However, all stormwater management systems and BMPs shall be operated and maintained in perpetuity after final stabilization in accordance with requirements set forth in the State of Florida stormwater or environmental resource permit issued under Chapter 62-25, F.A.C., or Part IV, Chapter 373, F.S. c. Controls for Other Potential Pollutants. (I) Waste Disposal. The plan shall assure that waste, such as discarded building materials, chemicals, litter, and sanitary waste are properly controlled in accordance with all applicable state, local, and federal regulations. This permit does not authorize the discharge of solid materials, including building materials, to surface waters of the State or an MS4. (2) The plan shall assure that off-site vehicle tracking of sediments and the generation of dust is minimized. (3) The plan shall be consistent with applicable State and local waste disposal, sanitary sewer or septic system regulations. (4) The plan shall address the proper application rates and methods for the use of fertilizers, herbicides and pesticides at the construction site and set forth how these procedures will be implemented and enforced. Nutrients shall be applied only at rates necessary to establish and maintain vegetation. (5) The plan shall ensure that the application, generation, and migration of toxic substances is limited and that toxic materials are properly stored and disposed. 3. Maintenance. The plan shall include a description of procedures that will be followed to ensure the timely.maintenance of vegetation, erosion and sediment controls, stormwater management practices, and other protective measures and BMPs so they will remain in good and effective operating condition. 4. Inspections. A qualified inspector (provided by the operator) shall inspect all points of discharge into surface waters of the State or an MS4; disturbed areas of the construction site that have not been finally stabilized; areas used for storage of materials that are exposed to precipitation; structural controls; and, locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of a storm that is 0.50 inches or greater as follows: a. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the stormwater system. The stormwater management system and erosion and sediment control measures identified in the plan shall be observed to ensure that they are operating correctly. Discharge locations or points shall be inspected to ascertain whether erosion and sediment control and stormwater treatment measures are effective in preventing or minimizing the discharge of DEP Document No. 62-621.300(4)(a) Effective May I, 2003 10 pollutants, including retaining sediment onsite pursuant to Rule 62-40.432, F.A.C. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking. b. Based on the results of the inspection, all maintenance operations needed to assure proper operation of al I controls, BMPs, practices, or measures identified in the stormwater pollution prevention plan shall be done in a timely manner, but in no case later than 7 calendar days following the inspection. If needed, pollution prevention controls, BMPs, and measures identified in the plan shall be revised as appropriate, but in no case later than 7 calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the plan within 7 calendar days following the inspection. c. A report summarizing the scope of the inspection; name(s) and qualifications of personnel making the inspection; the date(s) of the inspection; rainfall data; major observations relating to the implementation of the stormwater pollution prevention plan; and actions taken in accordance with paragraph V.D.4.b. of this permit, shall be made and retained, in accordance with Part VI of this permit, as part ofthe stormwater pollution prevention plan. Such reports shall identify any incidents ofnon-compliance. Where a report does not identify any incidents of non- compliance, the report shall contain a certification that the facility is in compliance with the stormwater pollution prevention plan and this permit. The report shall be signed in accordance with Part VII.C of this permit. 5. Non-Stormwater Discharees. Except for flows from fire fighting activities, sources ofnon-stormwater listed in Part IV.A.3 of this permit that are combined with stormwater discharges associated with construction activity must be identified in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention and treatment measures for the non-stormwater component(s) of the discharge. 6. Contractor/Subcontractor Certification. a. The stormwater pollution prevention plan must clearly identify, for each measure identified in the plan, the contractor(s) and/or subcontractor(s) that will implement the measure. All contractors and subcontractors identified in the plan must sign a copy of the certification statement in Part V.D.6.b. of this permit. All certifications must be included in the stormwater pollution prevention plan. b. Certification Statement for Contractors/Subcontractors. All contractors and subcontractors identified in a stormwater pollution prevention plan in accordance with Part V.D.6.a. of this permit shall sign a copy of the fol (owing certification statement before conducting any activities at the site: "I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for stormwater Discharge from Large and Small Construction Activities and this stormwater Pollution Prevention Plan prepared thereunder." The certification must include the name and title of the person providing the signature in accordance with Part VII.C of this permit; the name, address and telephone number of the contracting firm; and the date the certification is made. Part VI. Retention of Records DEP Document No. 62-621.300(4)(a) Effective May 1, 2003 A. The permittee shall retain copies of stormwater pollution prevention plans and all reports required by this permit, and records of all data used to complete the Notice of Intent to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. B. The permittee shall retain a copy of the stormwater pollution prevention plan and all reports, records and documentation required by this permit at the construction site, or an appropriate alternative location as specified in the NOI, from the date of project initiation to the date of final stabilization. Part VII. Standard Permit Conditions A. Any permit noncompliance constitutes a violation of Section 403.0885, F. S. and is grounds for enforcement action; for permit coverage termination, or revocation; or for denial of permit coverage renewal B. All of the general conditions listed in Rule 62-621.250, F.A.C., are adopted herein by reference. C. Signatory Requirements. l . All Notices of Intent, Notices of Termination, stormwater pollution prevention plans, reports, certifications or information either submitted to the Department or the operator of a municipal separate storm sewer system, or that this permit requires be maintained by the permittee, shall be signed as set forth in Rule 62-620.305, F.A.C. 2. Inspection reports prepared pursuant to Part V.D.4.c. of this permit shall be signed by the qualified inspector that prepared them as well as by a responsible authority for the operator as specified in Part VII.C.1. above. 3. Any person signing documents under this permit, except contractor/subcontractor certifications under Part V.D.6., shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Part VIII. Termination of Coverage A. Notice of Termination. 1. Where a site has been finally stabilized (see Part II for the definition of final stabilization) and all stormwater discharges authorized by this permit are eliminated, the permittee shall submit a completed Notice of Termination (DEP Form 62-621.300(6)), signed in accordance DEP Document No. 62-62 (.300(4)(a) Effective May I, 2003 12 with Part VII.C. of this permit, within 14 days of final stabilization of the site to terminate coverage under this permit. 2. Elimination of stormwater discharges associated with construction activity means that all disturbed soils at the site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, or that all stormwater discharges associated with construction activity from the site that are authorized by this generic permit have otherwise been eliminated. 3. For construction activities where the operator changes, the e;cisting operator shall file an NOT in accordance with this Part within 14 days of relinquishing control of the project to a new operator. B. Where to Submit. A permittee shall submit a Notice of Termination to the following address: NPDES stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 2. Projects that discharged stormwater associated with construction activity to a municipal separate storm sewer system (MS4) shall submit a copy of the NOT to the operator of the MS4. DEA Document No. 62-621.300(4)(a) Effective May 1, 2003 l3 . _. .. ..... TY .~,. ~ ' J "p ACORD ti. -. .N~ '`• - ~ I ., - _. ;; _ "~ "" DATE M% D% YYYY) ` ,.,~, / a o7 i3 zoo? ' PRODUCER Aon Risk Services, Inc. of Massachusetts THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA"PION ONLY 99 High Street AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Boston MA 02110 USA CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # PHOnE~ 866 283-7122 FAX- 847 953-5390 INSURED INSURER A: American Home Assurance Co. 19380 The Middlesex Corporation INSUURB: National Union Fire Ins Co of Pittsbur h 19445 one Spectacle Pond Road g Littleton MA 01460 USA INSURERC INSURL•R D: INSURER E: I , ~ .. ; ~~: ~+1~-~ = "-'~„-J~:s: ~. `-"E"' x y: + •`~„ ~ a ''i'~"3 = ar.; ~=~ : ; r _ ~e I~-I THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD RJDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT- TO WHICH TWS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UM[TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INS TYPE OF INSURANCE POLICY NUhIBER POLICY EFFECTIV POLICY EXPIRATION LIMITS DATE(MM1DD\YY) DATE(MM1DD\Y Y) A EItALLIABILITY cL1796267 12/31/06 12/31/07 EACH000URAENCC 52,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E1, 000, O00 CWMS MADE ® OCCUR PREMISES (Ea occurrence) v one oersonl PERS ONAL Bc ADV INIURY 52 000 000 , , GENERAL AGGREGATE 34, 000, 000 GEN'L AGGRL•GATE LIMIT APPLIES PER: POLICY PRO- ^ ® X^ LOC PRODUCTS-COMP/OPAGG S4,000,OOO JECT A AUTOMOBILE LIABILITY CA8262582 12/31/06 12/31/07 COMBINED SINGLL• LIMIT ANY AUTO (Ea aecideni) 51, 000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (per Person) HIRL•D AUTOS BODILY INJURY NON OWNED AUTOS (Pcr accidcni) Coll 0!d SS00 PROPERTY DAMAGE Como Ded 5500 (Per ncddcm) GAR.\GE LIABILITY AUTO ONLY - GA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY aGG B EXCESS /UMBRELLA LIABILITY BE6799663 12/31/06 1 07 EACH OCCURRL-NCE , , OCCUR ^ CLAIMS MADE AGGRL•GATG SS,000, OOO DEDUCTIBLE ® RL-TCNTION 510,000 A WORKERS COMPENSATION AIYD WC X WC STATU- OTH• EMPLOYERS' LIABILITY O IT ANY PROPRIL•TOR /PARTNER / EXECUTIVE C•.L. EACH ACCIDENT S 2 , 000 , O00 OFFICER/MEMHER BXCLUDCD:' E.L. DISEASE-EA EMPLOYEE S2 , 000, OOO I(yes, Jesaibe under SPECIAL PROVISIONS E.L. DISEASE-POLICY LIMIT 52,000,000 ~ below ^ OTHER ~ ~ yy DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIDNS 7 RE: Milling and Resurfacingg 5R 528 (eeachline) Mai Fi i l nline and Ramps MP 0.000-MP 3.954 in Orange County, FL; nanc a No: 422264-1-52-01, Federal ]ob No: N/A; Contract No.: E8124. Florida Department of Transportation, ~ Turnpike Enterprise is listed as Additional insured ith w respects to General Liability. ~ I~ - ~ -...;t- ,, Florida Department of TranSPOrtatl On N Turnpike Enterprise SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO ~ DATE THL-REOF THE SSU Attn: Richard M. Nethe rcote, Jr , I ING INSURER WILL ENDEAVOR TO MAIL ~ 70 DAYS WRITTEV NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ ' MP 263, Bld 5315; Turke Lake Plaza g' y BUl FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY D Ocoee FL 34761 USA KIN UPON THE INSURER, ITS AGENTS OR REPRES ATIV ~ AUTHORIZED RL•PRESENTATI VE r .~ ~ ~ L d w c ~_ L d O x ~D f` N Q1 rn N O O n O z a+ R t:, .~ U it ,~,1 3a Project: Engineer's File No BID No: Contractor: Contract Date: Application Date 1. Original Contract 2. Net Change Orders: APPLICATION FOR PAYMENT Project Number: Payment Request No.: P.O. Number: Account No.: Completion Date Period To: 3. Current Contract Total: (Total of Lines 1 and 2) 4. Total Earned to Date: (Total Amount Billed to Date) 5. 10% Retained: (Percentage of Line 4) STATEMENT OF WORK 6. Total Earned less Retained (Line 4 minus Line 5) 7. Less Previous Payments 8. Current Payment Due: (Line 6 minus Line 7) 9 Balance to Finish (Line 3 Minus Line 4) Payment of the amount requested is approved: by City Engineer by , Capital Projects Coordinator by Director, Utilities /Public Works Department by City Manager Date Date Date Date CONTRACTOR'S PARTIAL RELEASE OF LIEN FORM KNOW ALL MEN BY THESE PRESENTS, that the undersigned, in consideration of partial payment in the sum of $ ,receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in Seminole County, Florida, and described as Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurfacing Program, on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done up until (but not releasing or waiving charges for changes, additions, or extras), the undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of Authorized Representative (Signature) Printed Name and Title (SEAL) ATTEST: By By Date Date END OF SECTION CONTRACTOR'S RELEASE OF LIEN FORM Before me, the undersigned authority in said County and State, appeared who, being first duly sworn, deposes and says that he is of a company and/or corporation authorized to do business under the laws of Florida, which is the contractor on the Project known as Winter Springs Boulevard Reconstruction Phases 2 and 3 and the City of Winter Springs Annual Resurfacing Program located in Seminole County, Florida, with the City of Winter Springs, Florida dated the day of 1, 2008, that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said contractor and that all parts of the work have been approved by the Owner's Landscape Architects; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as contractor or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final. estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. Sworn to and subscribed to before me this day of , 20 Notary Public My Commission Expires: We, the having heretofore executed a performance bond for the above-named contractor covering project and section as described above in the sum of dollars $( ), hereby agree that the Owner may make full payment of the final estimate, including the retained percentage, to said contractor. It is fully understood that the granting of the right to the Owner to make payment of the final estimate to said contractor and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. 00645-0 IN WITNESS WHEREOF, the has caused this instrument to be executed on its behalf by its and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this day of A. D. Surety Company Attorney in Fact (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this Day of 20 by (Name of Person Acknowledged) who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgement Name of Acknowledger (Typed, Printed, or Stamped) Title Serial No. (if any) IN WITNESS WHEREOF, I have hereunto set my hand and official seal at this day of , END OF SECTION 00645-1