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HomeMy WebLinkAboutCathcart Construction - Erosion Control Construction Agreement 2025 02 21Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 1 of 27 CITY OF WINTER SPRINGS EROSION CONTROL COUNTERMEASURES CONSTRUCTION AGREEMENT THIS AGREEMENT is made this 21st day of February, 2025, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 (“OWNER”) and CATHCART CONSTRUCTION COMPANY – FLORIDA LLC, a Florida limited liability company authorized and duly licensed to do business in the State of Florida with a principal address of 1056 Willa Springs Drive, Winter Springs, Florida 32708 (“CONTRACTOR”), as follows: 1.DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of erosion control countermeasures within Gee Creek at the OWNER’S Moss Park (“the Project”). 2.CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Winter Springs erosion control countermeasures, dated November 13, 2024; Final Bid Set Specifications dated November 13, 2024; Invitation to Bid ITB # 11-24-07 PH Documents issued by the City, dated November 29, 2024, including Addenda, if any; Contractor’s Bid Submittal in response to ITB # 11-24-07 PH, dated January 17, 2025; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement; and the Punchlist prepared by the Parties following substantial completion. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City’s Project Manager immediately. The City’s Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 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.Change Orders b.Agreement, Exhibits and Addenda c.Supplemental Terms and Conditions Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 2 of 27 d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB # 11-24-07 PH for erosion control countermeasures within Gee Creek at Moss Park, issued by the City of Winter Springs dated November 29, 2024, including any subsequently issued Addenda g. Contractor’s Bid Submittal in response to ITB # 11-24-07 PH h. Punchlist Any inconsistency in the work description shall be clarified by the OWNER and performed 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 Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents 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. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. Contract Time. The Contract Time shall begin to run upon the OWNER’s issuance of the Notice to Proceed. The CONTRACTOR shall sign the Notice to Proceed and deliver it to the OWNER’s Project Manager. c. Substantial Completion. The Work shall be substantially completed within eleven (11) calendar weeks after the date when the Contract Time begins to run. The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 3 of 27 documents, and (2) any additional project-specific requirements or milestones for “Substantial Completion” identified in the general, special, or technical conditions or construction plans have been satisfied. d. Punchlist Creation and Acceptance. No more than 10 calendar days following Substantial Completion, the CONTRACTOR shall provide to OWNER a draft Punchlist detailing the remaining items and estimated cost of each required to render the Work complete, satisfactory, and acceptable. OWNER shall review the draft Punchlist and provide any comments to the CONTRACTOR. The OWNER and CONTRACTOR shall cooperate in the development of the Punchlist regarding both the items to be included and the estimated cost of each. The OWNER shall approve a final Punchlist within 30 calendar days of Substantial Completion. OWNER shall deliver a final approved Punchlist to CONTRACTOR no more than 5 calendar days following final approval of the Punchlist. If the CONTRACTOR fails to coordinate with the OWNER to create a Punchlist and the OWNER has given the CONTRACTOR written notice of the failure, then the OWNER may withhold 150 percent of the estimated costs required to complete the items the OWNER intended to include on the Punchlist, without input from the CONTRACTOR, and shall deliver the Punchlist within the time period in this subsection. The failure to include any corrective work or pending items not yet completed on the Punchlist does not alter the responsibility of the CONTRACTOR to complete all the Work purchased under this Agreement. e. Final Completion. The Work shall be finally completed, ready for Final Payment within thirty (30) calendar days after the date of delivery of the final, approved Punchlist. f. The parties acknowledge that the Contract Time provided in this subsection includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. g. If applicable to the particular Work required by this Agreement, Float time is allocated specifically to the Contractor's responsibility for coordination of utility relocations as described in the General Conditions and is included in the Contract Time provided by this Section. OWNER will not consider any Contract Time extensions related to utility coordination matters including, but not limited to, utility relocations and conflicts, unless the utility relocation delays exceed the float time and also extend the Project Schedule’s Critical Path. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of Seven Hundred and Sixty Two Thousand Six Hundred and Twenty Nine Dollars and 00/100 ($ 762,629.00). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR's Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 4 of 27 including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR's Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR's own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. 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 shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 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 privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement 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 default 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 and continuously 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 Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 5 of 27 e. CONTRACTOR has made a material misrepresentation of fact 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 Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without 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 accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to OWNER’s damages. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; 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. 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 court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 11. PROGRESS PAYMENTS PRIOR TO SUBSTANTIAL COMPLETION; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS; CHANGE ORDERS – No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. 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 Contract Documents. By submitting each request for a progress payment, the CONTRACTOR certifies, to the best of its knowledge and belief, that: (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment requested, in accordance with subcontract agreements; (3) The request is made in good faith and is a true and accurate accounting of the work performed and materials supplied; and (4) The representative signing the request for a progress payment is authorized to certify the request on behalf of the CONTRACTOR. Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 6 of 27 OWNER herein (____) designates or (_X__) does not designate an agent, i.e., an architect or engineer, that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. By making payments OWNER does not waive claims including but not limited to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents: c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional retainage, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City’s Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City’s written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: a. By mutual acceptance of a lump sum. b. By unit prices named in the contract or subsequently agreed upon. c. By cost and percentage or by cost and a fixed fee. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 7 of 27 If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City’s Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back-up documentation. In any case, the City’s Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes will be made on the City’s Project Manager’s estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City’s Project Manager deems it appropriate the City may accept defective or incomplete work, and an equitable deduction from the Contract Price will be made therefor by Change Order. 12. FINAL PAYMENT - OWNER shall withhold up to 5% of the Contract Price until the date of Substantial Completion, in accordance with the Local Government Prompt Payment Act (“Act”). As provided in Section 6 above, within 10 calendar days of Substantial Completion, the CONTRACTOR shall create and deliver to OWNER a draft Punchlist detailing Work which must still be completed to reach Final Completion under the terms of this Agreement, and the estimated cost to complete each item. Within thirty (30) calendar days of Substantial Completion, the OWNER shall approve a finalized Punchlist. As provided above, the OWNER and CONTRACTOR shall coordinate and cooperate in the development of the final Punchlist. Within 5 calendar days of OWNER finalizing and approving the Punchlist, the OWNER shall deliver the final approved Punchlist to CONTRACTOR. Within 20 calendar days of the delivery of the final approved Punchlist, and only upon receipt of a proper invoice or payment request from CONTRACTOR, OWNER shall pay to CONTRACTOR the remaining contract balance, including all retainage previously withheld, less an amount equal to 150 % of the estimated cost to complete the items on the Punchlist, except as provided herein. Should no Punchlist be created within the thirty-day timeframe, as applicable, because of the failure of CONTRACTOR to cooperate with OWNER, OWNER shall pay to CONTRACTOR the remaining contract balance, including all retainage previously withheld, less an amount equal to 150 % of the estimated cost to complete the items on the Punchlist as determined solely by the OWNER. CONTRACTOR may submit a proper invoice or payment request for the amount of retainage held to complete the Punchlist items only once all Punchlist items have been completed to the satisfaction of the OWNER. OWNER may continue to withhold retainage if a good faith dispute exists as to whether one or more Punchlist items has been completed in accordance with the terms of this Agreement up to 150% of the total costs to complete those items in dispute. The date of Final Completion shall be no less than 30 days following delivery of the final approved Punchlist to CONTRACTOR. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. The Final Completion Certificate shall be issued upon completion of all remaining Punchlist items. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 8 of 27 been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: 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 contract. In performance of these duties, the City Manager or their authorized representative is the OWNER’s 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 Progress 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. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all 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. No inspector is authorized to change any provision of the specifications without written authorization of the City’s Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City’s instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City’s Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. 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. Rejection and Stoppage 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 inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 9 of 27 g. City Reviews and Status. The City’s review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City’s scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City’s rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non- conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 14. PROGRESS MEETINGS – 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 follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction 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. b. Discipline 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 unfit 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, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 10 of 27 CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR’s payment and performance Bond(s). f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other attributes having or likely to have an impact on the project; (iii) familiarize itself with the City’s layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involves modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as-built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR has been requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. g. Punchlist. The CONTRACTOR shall be responsible for creation of the required Punchlist(s) as provided herein. Punchlist(s) must be approved by the OWNER. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. 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. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 11 of 27 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee 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 principal-agent relationship between the parties and neither party is 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 OWNER, its officers, employees, agents, engineer, and city 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 performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. 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 city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, 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. In consideration of the CONTRACTOR's indemnity obligations, ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 21. 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 performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 12 of 27 CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants 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. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit “A” and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 110% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds shall be included in the Contract Price. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed 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 Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 13 of 27 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 Employer’s Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR’S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified 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 Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker’s compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers’ compensation and employer’s liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR’s insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer’s consultants, and their respective officers, directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. 25. MEDIATION/VENUE - 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 action filed hereunder shall be filed in the Circuit or County Court for SEMINOLE County, Florida. The CONTRACTOR’s surety is bound by this provision. 26. GOVERNING LAW & 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 action or litigation shall be Orlando, Florida. The CONTRACTOR’s surety is bound by this provision. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 14 of 27 27. ATTORNEY’S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at settlement, trial or on appeal. This provision does not apply to CONTRACTOR’s surety. 28. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed 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 contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 29. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates 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 specific 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, documents, and other papers in connection 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. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third-party award of attorney’s fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR’s failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney’s fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys’ fees and damages which the OWNER had to pay a third party because of the CONTRACTOR’s failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 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 Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-6560, City Clerk’s Office, 1126 East State Road 434, Winter Springs, Florida 32708, or City-Clerk-Department@winterspringsfl.org. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 15 of 27 30. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER’s right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER’s potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 31. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 32. 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. Modifications of this Agreement shall only be made in writing signed by both parties. 33. WAIVER 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 modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized 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. 34. 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. 35. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Matt Blanton Cathcart Construction Company – Florida, LLC. 1056 Willa Springs Drive Winter Springs, Florida 32708 (407) 629-2900 mblanton@cathcartconstructioncompany.com Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 16 of 27 For OWNER: City of Winter Springs Attn: City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-1800 Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 36. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER’s Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 37. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer’s official action or judgment. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 17 of 27 38. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e- verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021, have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E- Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. 39. TRAFFICKING. As a condition of this Agreement, the CONTRACTOR shall attest under penalty of perjury that the CONTRACTOR does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using a Human Trafficking Affidavit as provided by the OWNER. The CONTRACTOR understands and affirms that Section 787.06(2), Florida Statutes, defines “coercion,” “labor,” and “services” as follows: a. “Coercion” means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against his or her will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person. b. “Labor” means that work of economic or financial value. c. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the OWNER from executing, renewing, or extending a contract with an entity that uses coercion for labor or services. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 20 of 27 EXHIBIT A PERFORMANCE BOND FORM Bond No. __________________ BY THIS PERFORMANCE BOND, We ___________________, as Principal, whose address is ____________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407- 327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the ___________________________________ project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal’s and Surety’s obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys’ fees under section 627.756, Florida Statutes, including costs and attorney’s fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 21 of 27 2. OWNER’S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 3. SURETY’S OBLIGATION UPON DELIVERY OF OWNER’S AFFIDAVIT OF CONTRACTOR’S BREACH OR DEFAULT. Upon the delivery of the OWNER’s affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 22 of 27 Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY’S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY’S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal’s breach(es) or default(s), including, without limitation, fees (including attorney’s fees pursuant to section 627.756, Florida Statutes and related costs), expenses and costs for architects, ENGINEERs, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project, plus (iii) re-procurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety’s liability exceed the Penal Sum of this Bond. 5. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. 6. NO THIRD-PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ PRINCIPAL: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 23 of 27 OWNER: The City of Winter Springs Attention: Shawn Boyle, City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D’Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of laws provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER’s complete satisfaction, through the expiration of all warranty periods. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 24 of 27 Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: By: _______________________________ ____________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ (Date of Execution) (Date of Execution) Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 25 of 27 EXHIBIT A LABOR AND MATERIALS PAYMENT BOND Bond No. __________________ BY THIS LABOR AND MATERIALS PAYMENT BOND, We ___________________, as Principal, whose address is __________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the _________________________________________project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 26 of 27 Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Erosion Control Countermeasures Construction Agreement City of Winter Springs and Cathcart Construction Company – Florida, LLC Page 27 of 27 Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: By: _______________________________ ____________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ (Date of Execution) (Date of Execution) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 INVITATION TO BID PROPOSAL : ITB # 11-24-07 PH DATE: Nov. 29, 2024 Sealed Bids for the provision of services to implement Erosion Control Countermeasures within Gee Creek at Moss Park will be received by the City of Winter Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, until: January 17, 2025 2:00 p.m., local time FOR Erosion Control Countermeasures within Gee Greek at Moss Park Said Bids shall conform to the minimum requirements outlined in this Invitation To Bid. The CITY reserves the right to reject any and all offers and to waive minor informalities. The CITY issues this Invitation To Bid in order to select a Bid(s) for further evaluation and vendor recommendation. Selection by the CITY Commission may not result in the formation of a contract. Submission and Receipt of ITB’s: Bidders shall submit their Bid response to this ITB by: Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your ITB response to this office by the date and time indicated above. The outside of your package must be clearly labeled with the ITB number, title, opening date and time, and the name and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. Offers received after January 17, 2025 at 2:00 p.m., will be rejected. Deadline for questions is December 17, 2024 1:00 p.m. local time Any Addenda, if required, will be issued by 2:00pm on December 23, 2025 on the Demand Star platform if questions are received and require clarification. If you have any questions regarding this Invitation To Bid, please contact Stuart MacLean, Procurement Manager, at (407) 327-7581, or via email at smaclean@winterspringsfl.org PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM: www.demandstar.com or https://www.winterspringsfl.org/rfps ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Request For Proposal Table of Contents PART I SCOPE/EVALUATION/TIMELINE ............................................................................................................................. 4 Background ............................................................................................................................................................................... 4 Scope and Term of Service ........................................................................................................................................................ 4 Evaluation Criteria ..................................................................................................................................................................... 4 Timeline of Events ..................................................................................................................................................................... 4 PART II INSTRUCTIONS TO BIDDERS AND GENERAL PROVISIONS ........................................................................................ 5 Definitions ................................................................................................................................................................................. 5 Preparation of Invitation To Bid ................................................................................................................................................ 5 Contract Work Hours and Safety .............................................................................................................................................. 6 Equal Employment Opportunity ............................................................................................................................................... 6 Domestic Preference for Procurement .................................................................................................................................... 7 Submission and Receipt of Bids ................................................................................................................................................ 8 Selection of Bid ......................................................................................................................................................................... 8 Acceptance of Offer .................................................................................................................................................................. 9 Notice of Award and Performance, Labor and Materials Payment Bonds ............................................................................... 9 Discrepancies, Errors, and Omissions ....................................................................................................................................... 9 Right to Reject Bids ................................................................................................................................................................... 9 Compensation ........................................................................................................................................................................... 9 Fiscal Non-Funding Clause ........................................................................................................................................................ 9 Rights of the CITY ...................................................................................................................................................................... 9 Conflict of Interest .................................................................................................................................................................. 10 Public Entity Crimes ................................................................................................................................................................ 10 Copeland Anti-Kickback .......................................................................................................................................................... 10 Options .................................................................................................................................................................................... 10 Subcontracting ........................................................................................................................................................................ 11 Default of Contract ................................................................................................................................................................. 11 Modification for Changes ........................................................................................................................................................ 11 Order of Precedence ............................................................................................................................................................... 11 Examination of Records .......................................................................................................................................................... 11 Access to Records ................................................................................................................................................................... 11 Bids Received .......................................................................................................................................................................... 12 Lobbying/Cone of Silence ....................................................................................................................................................... 12 Byrd Anti-Lobbying Ammendment ......................................................................................................................................... 12 Insurance and Hold Harmless Indemnitication ....................................................................................................................... 12 Qualifications of Bidder .......................................................................................................................................................... 13 Disqualification of Bidder ........................................................................................................................................................ 13 Debarment and Suspension .................................................................................................................................................... 13 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Licenses and Permits ............................................................................................................................................................... 13 Applicable Law and Venue ...................................................................................................................................................... 14 Bid Disclosure; Public Records Responsibilities ...................................................................................................................... 14 Attorney Fees .......................................................................................................................................................................... 15 E-Verify .................................................................................................................................................................................... 15 Modification and Withdraw .................................................................................................................................................... 15 Prohibition on Gifts to CITY Employees and Officials ............................................................................................................. 15 Discrimination ......................................................................................................................................................................... 16 Federal Requirements ............................................................................................................................................................. 16 Federal Clean Air Act and Federal Water Pollution Control Act ............................................................................................. 16 Additional Information ............................................................................................................................................................ 16 PART III SPECIFIC BID REQUIREMENTS ............................................................................................................................ 17 Format ..................................................................................................................................................................................... 17 Section A – Bidder Information and Acknowledgement Form ............................................................................................... 17 Section B – Table of Contents ................................................................................................................................................. 17 Section C – Introduction Letter ............................................................................................................................................... 17 Section D – Qualifications ....................................................................................................................................................... 17 Section E - Other Information ................................................................................................................................................. 18 Section F – Cost and Time ....................................................................................................................................................... 18 Section G – Mandatory Bid Forms .......................................................................................................................................... 18 Section H – Florida State Corporate Filing .............................................................................................................................. 18 MANDATORY PROPOSAL FORMS 19 • Bidder Information and Acknowledgement • Reference Information • Insurance Requirements • Scrutinized Company Certification • Non-Collusions Affidavit • Drug Free Workplace Certification • Public Entity Crimes Statement • Debarment, Suspension etc. Certification • E-Verify Statement • Conflict of Interest Statement • Compliance with Florida Statute 787.06 Affidavit • SMWBE Utilization Plan  Exhibit 1 Project Plans  Exhibit 2 Project Specifications • Appendix A Cost Proposal Worksheet • Appendix B Bid Bond Form • Appendix C Perfomance Bond Form • Appendix D Labor and Materials Payment Bond Form ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PART I SCOPE OF SERVICE/EVALUATION CRITERIA FOR ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Background The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles. Scope and Term of Service The City of Winter Springs is requesting Bids from qualified companies (Bidder or Bidders) for the purposes of providing their services for Erosion Control Countermeasures work within Gee Creek at Moss Park on a fixed cost and schedule project basis to the CITY. The detailed requirements are included in this document as Exhibit 1 Project Plans and Exhibit 2 Project Specifications attached hereto. Evaluation Criteria Bids will be evaluated by the CITY, and the Bidder will be selected based upon, but not limited to, the following criteria:  The background, and experience of the Bidder in providing similar services elsewhere, including the level of experience in working with municipalities and the quality of services performed.  Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The CITY will recommend the Bidder who provides the lowest cost and a complete Bid package which demonstrates the ability of the Bidder to meet the requirements of this ITB.  Determination that the selected Bidder has no contractual relationship which would result in a conflict of interest with the CITY.  The Bidder‘s ability, capacity, and skill to fully and satisfactorily, provide these services and/or items required in this ITB in a prompt and timely fashion.  The quality of the Bidder’s performance in comparable and/or similar projects.  Successful execution of the contract. Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications. Timeline of Events Release of ITB November 29, 2024 Deadline to receive questions (electronically) - 1:00pm local time December 17, 2024 Addendum Released by 2:00pm local time – Released on Demand Star December 23, 2024 ITB Submittals Due by 2:00 pm local time January 17, 2025 ITB Opening – Immediately after Proposal Registration in City Commission Chambers January 17, 2025 CITY Commission Approval of Selection and Consideration of Contract TBD ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PART II INSTRUCTIONS TO BIDDERS AND GENERAL PROVISIONS FOR ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Definitions (as used herein) a. The acronym "ITB" is an "Invitation To Bid" and means a solicitation of Bids. b. The acronym “NRCS” means Natural Resources Conservation Service a unit of the U.S. Department of Agriculture c. The term "Bid" means the offer of qualitative evaluations by the Bidder. d. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the CITY. e. The term " Bidder " means the person, company, or entity making an offer. f. The term "Change Order" means a written order signed by the Finance Department or authorized representative directing the Bidder to make changes to a contract or purchase order resulting from the ITB. g. The term "CITY" means the City of Winter Springs, Florida. h. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the only body that can award Bids. Preparation of Invitation To Bid a. Bidders are expected to examine the minimum requirements and all special and general conditions. Omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or the compensation to the Bidder. Failure to properly and fully complete the Bid is at the Bidder's risk. The Bidder shall sign the Invitation To Bid and print or type his/her name, address, and telephone number on the face page. b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement. c. Bidders should submit their response to this ITB by: • Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of Bidder’s response to this office by the date and time indicated in Part I Timeline of Events. • The outside of Bidder’s package must be clearly labeled with the ITB number, title, opening date and time and the name and address of the Bidder. Please include the Bid Bond Form, or a certified check, with your Bid. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. d. The Bidder should retain a copy of all documents for future reference. e. All Bids must be signed with the Bidder’s name and by an officer or employee having authority to bind the Bidder by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Bid. You may use the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer. f. Failure to follow the instructions in the Invitation To Bid is cause for rejection of your Bid. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Contract Work Hours and Safety Contractor shall ensure compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contrac�ng for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensa�on at a rate not less than one and one-half �mes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any viola�on of the clause set forth in paragraph (b)(1) of this sec�on the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi�on, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in viola�on of the clause set forth in paragraph (b)(1) of this sec�on, in the sum of $27 for each calendar day on which such individual was required or permit ed to work in excess of the standard workweek of forty hours without payment of the over�me wages required by the clause set forth in paragraph (b)(1) of this sec�on. (3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or subrecipient) shall upon its own ac�on or upon write n request of an authorized representa�ve of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to sa�sfy any liabili�es of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this sec�on. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this sec�on and also a clause requiring the subcontractors to include these clauses in any lower �er subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower �er subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this sec�on.” Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Domes�c Preferences for Procurements As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent prac�cable, provide a preference for the purchase, acquisi�on, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the ini�al mel�ng stage through the applica�on of coa�ngs, occurred in the United States. Manufactured products mean items and construc�on materials composed in whole or in part of non-ferrous metals such as aluminum; plas�cs and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including op�cal fiber; and lumber. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Submission and Receipt of Bids a. Bids must be received before the specified time as designated in the ITB Timeline of Events. A list of Bidders who submitted Bids will be furnished, upon request, following opening of the Bids. b. Bids shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the ITB number, and the name and address of the Bidder. c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered by the specified time so that a Bid can be considered. d. Email and Facsimile (FAX) Bids will not be considered, however, Bids may be modified by email and FAX notice, provided such notices are received prior to the hour and date specified. e. Late Bids will be rejected. f. Bids having any erasures or corrections must be initialed by the Bidder, in ink. Bids shall be signed in ink. All amounts shall be typewritten or completed in ink. g. All Mandatory Bid Forms must be completed and attached to the Bid response. h. All costs of Bid preparation, inspection of the ITB documents, and presentation of the Bid shall be solely borne by the Bidder. The CITY shall not be liable for any cost incurred by the Bidder during the preparation and submission of its Bid in response to this ITB. i. For Appendix A, Cost Proposal Worksheet, the following Pay Item Notes are applicable: 1. Pay items obtained from FDOT’s Master Pay Item List (MPIL); available at https://www.fdot.gov/programmanagement/estimates/publications/basis-of-estimates-manual/basis-of-estimates- manual 2. The pay item for Mobilization includes any required permits 3. The pay item for Prevention, Control and Abatement of Erosion and Water Pollution includes compliance issues related to testing 4. SBI = Special Bid Item Selection of Bid SELECTION OF THE BIDDER AND BID DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY Commission determines that the negotiation of terms acceptable to the CITY will not be successful. Only the CITY Commission can select Bids, authorize the CITY Manager to engage in negotiations, and ultimately enter into a contract. The project owner provides a recommendation to the CITY Commission for selection. The recommendation may or may not be adopted by the CITY Commission. In the event clarification is required, the CITY may require one or more of the top-ranking Bidders to attend a meeting to make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. Bidder(s) will be notified of any further meeting requirements. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Acceptance of Offer The signed Bid shall be considered an offer on the part of the Bidder; however, such offer shall be deemed accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document deemed acceptable to the CITY. The contract will be awarded to the most responsible and responsive, qualified Bidder(s) whose Bid is deemed the most advantageous and in the best interests of the CITY in accordance with the criteria set forth in this ITB. The CITY reserves the right to accept or reject any and all Bids or parts of Bids, waive minor informalities, and to request clarification of information from any Bidder. Notice of Award, Performance Bond and Labor and Materials Payment Bond Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Bidder that its Bid has been accepted, the successful Bidder shall execute the Agreement. Simultaneously with the execution of the Agreement, Bidder shall furnish a Performance Bond and a Labor and Materials Payment Bond each in the amount of 110 percent of the contract price. The bonds shall be secured from a surety company acceptable to the CITY. The forms of the Bonds the successful Bidder will be required to execute are included in the Bidding Documents. Failure to execute the Agreement and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out of the CITY's acceptance of the Bid as abandoned and the Bid Bond shall be forfeited. The CITY shall be entitled to such other rights as may be granted by law. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the Invitation To Bid or addenda (if any) should be reported in writing to the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Invitation To Bid and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral instructions, clarifications, or other communications. Right to Reject Bids The CITY reserves the right to reject any or all Bids, and to disregard typographical, mathematical, or obvious errors. The CITY will not pay costs incurred by any Bidder in the preparation of their Bid. Compensation Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a final contract with the selected Bidder. Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Bidder of such occurrence and any contracts entered into between the CITY and Bidder shall terminate on the last day of the current fiscal period without penalty or expense to the CITY. Rights of the CITY This ITB constitutes an invitation for submission of Bids to the CITY. This ITB does not obligate the CITY to procure or contract for any of the scopes of services set forth in this ITB. The CITY reserves and holds at its sole discretion, various rights and options under Florida law, including without limitation, the following: • To prepare and issue Addendums to the ITB that may expand, restrict, or cancel any portion or all work described in the ITB without obligation to commence a new procurement process or issue a modified or amended ITB. • To receive questions from potential Bidders and to provide such answers in writing as it deems appropriate. • To waive any informalities, technicalities or irregularities in the Bids submitted. • To reject any and all Bid submissions. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park •To change the date for receipt of Bids or any deadlines and dates specified in the ITB. •To change the procurement and/or selection process prior to receipt of Bids. •To conduct investigations with respect to the information provided by each Bidder and to request additional information (either in writing or in presentations and interviews) to support such Bidder’s responses and submittals. •To visit facilities referenced in the Bidder’s submittal at any time or times during the procurement process. •To seek clarification of Bids from the Bidder either in writing or in presentations and interviews •To cancel the ITB; with or without the substitution of another ITB. Conflict of Interest Bidder acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs. The Bidder certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this Bid. Financial interest includes ownership of more than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the Bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent (10%) of the total Bid amount. Additionally, the Bidder, on company letterhead, must divulge at the time of Bid submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial interest, as defined herein, in providing the goods or services specified in the Bid. The CITY, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the Bid. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Copeland An�-Kickback The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instruc�ons require, and also a clause requiring the subcontractors to include these clauses in any lower �er subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower �er subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termina�on of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.” Options When the CITY requests Bids with options regarding the extent of services to be provided, the CITY requests all Bidders to provide a cost breakdown for each option proposed. Although all options may be purchased, some options may not ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased. The CITY reserves the right to engage more than one (1) Bidder if it is believed that different Bidders might best serve the ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park CITY's interests in performing different segments of the work (e.g., one Bidder to provide building estimates, and another to provide infrastructure estimates). Subcontracting Where Bidders do not have the "in-house" capability to perform work desired in the Invitation To Bid, subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended subcontractor(s) should be given in the Bid. Default of Contract In case of default by the Bidder, the CITY may procure the requested services from other sources and hold the Bidder responsible for any excess costs occasioned or incurred thereby. Modification for Changes No agreement or understanding to modify this ITB and resultant purchase order or contract shall be binding upon the CITY unless made in writing by the City of Winter Springs. Order of Precedence In the event of an inconsistency between provisions of the ITB, the inconsistency shall be resolved by giving precedence in the following order: (a) Instructions to Bidders and General Provisions; and (b) the minimum requirements. Examination of Records The Bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the Bidder for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at CITY expense. Bidders shall be authorized to retain microfilm copies in lieu of original records if they so desire. Any subcontractor(s) employed by a Bidder who is subject to these requirements and the Bidder itself are required to so notify any such subcontractor(s). Access To Records Contractor agrees to provide City, the NRCS Administrator, the Comptroller General of the United States, or any of their authorized representa�ves access to any books, documents, papers, and records of the Contractor which are directly per�nent to this contract for the purposes of making audits, examina�ons, excerpts, and transcrip�ons. The Contractor agrees to permit any of the foregoing par�es to reproduce by any means whatsoever or to copy excerpts and transcrip�ons as reasonably needed. i)The Contractor agrees to provide the City and/or NRCS authorized representa�ves access to construc�on or other work sites pertaining to the work being completed under the Contract. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park ii)In compliance with sec�on 1225 of the Disaster Recovery Reform Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the NRCS or the Comptroller General of the United States. Bids Received All Bids received in response to this ITB become the property of the CITY. Lobbying/Cone of Silence Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the City concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the issuance of this solicitation document. If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black- out Period will be reinstated until such time as the CITY Commission meets to consider the item for action. Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department, Office personnel, and/or any member of the Evaluation Committee concerning an active Invitation To Bid during the Lobbying/Cone of Silence Black-out Period. Byrd Anti-Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Insurance and Hold Harmless Indemnification To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Bidder's Liability Insurance - The Bidder shall not commence any work under this Contract until he has obtained all insurance required under the Agreement. Bidder shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Bidder's performance and furnishing of the Work and Bidder's other obligations under the Contract Documents, whether it is to be performed or furnished by Bidder, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Bidder's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days’ prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work in accordance with the Contract Documents. Bidder's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Bidder's Comprehensive General Liability policy or by Bidder's carrier issuing a separate protection liability policy. Qualifications of Bidder A Bidder may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. Disqualification of Bidder Any or all Bids will be rejected if there is any reason for believing that collusion exists among the Bidders, and participants in such collusion will not be considered in future Bids for the same work. Debarment And Suspension 1.This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2.The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. 3.This certification is a material representation of fact relied upon by the Owner. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4.The Bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Licenses and Permits The Bidder shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the United States, the State of Florida, or by the City of Winter Springs. The Bidder must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. Bid Disclosure; Public Records Responsibilities Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the CITY in connection with an ITB response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Bidder believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by Florida law, the Bidder must, in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the CITY will treat all materials received as public records. Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Bidder on behalf of the CITY, Bidder shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Bidder does not transfer the records to the CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and absolute discretion, requests that all Public Records in possession of Bidder be transferred to the CITY, Bidder shall transfer, at no cost, to the CITY, all Public Records in possession of Proposer within thirty (30) days of such request or (ii) if no such request is made by the CITY, Bidder shall keep and maintain the Public Records required by the CITY to perform the work contemplated by this Agreement. If Bidder transfers all Public Records to the CITY pursuant to (d)(i) above, Bidder shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Bidder keeps and maintains Public Records pursuant to (d)(ii) above, Bidder shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology of the CITY. If Bidder does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the CITY may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Bidder is acting on behalf of the CITY. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Attorney Fees In the event of legal action or other proceeding arising under this ITB the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline. E-Verify Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY vendors/contractors shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. CITY vendors/contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Bidder stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. Bidder shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the Bidder utilizes subcontractors the following shall apply: Bidder shall also require all applicable subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. Bidder shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Bidder shall provide a copy of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement. Modification and Withdraw Bids may not be modified after submittal. Bids may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Bid Opening. Properly withdrawn Bids will be returned unopened to the Bidder submitting the Bid. A Bidder who timely withdraws its Bid may submit a new Bid in the same manner as specified herein under “Submission of Bid.” A Bid submitted in place of a withdrawn Bid shall be clearly marked as such on the outside of the envelope and on the Bid Form. If a Contract is not awarded within 90 calendar days after opening of Bids, a Bidder may file a written request with the CITY’s Procurement Manager for the withdrawal of its Bid. Prohibition on Gifts to City Employees and Officials No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and CITY Administrative Policy. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Violation of this provision may result in one or more of the following consequences: a.Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a specified period of time; b.Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time, including but not limited to: submitting Bids/Proposals, RFQ responses, and/or quotes; and, c.Immediate termination of any contract held by the individual and/or firm for cause. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Federal Requirements This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most recent of such requires, including any amendments made such the submission of the Proposal, shall apply, unless federal government determines otherwise. The federal government requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and contractual provisions required by any federal statutes or regulations referenced therein to be included in this contract are deemed incorporated herein by reference and shall be incorporated into any sub-agreement or subcontract executed by the Proposer pursuant to its obligations under federal law. Federal Clean Air Act and Federal Water Pollu�on Control Act The Contractor agrees to comply with all applicable standards, orders or regula�ons issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The Contractor agrees to report each viola�on to the City and understands and agrees that the City will, in turn, report each viola�on as required to assure no�fica�on to the appropriate Environmental Protec�on Agency Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance. The Contractor agrees to comply with all applicable standards, orders, or regula�ons issued pursuant to the federal Water Pollu�on Control Act, as amended, 33 U.S.C. § 1251 et seq. The Contractor agrees to report each viola�on to the City and understands and agrees that the City will, in turn, report each viola�on as required to assure no�fica�on to the appropriate Federal agency. Additional Information Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual listed on the ITB cover letter. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PART III SPECIFIC BID REQUIREMENTS FOR ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Format To assure consistency, Bids must conform to the following format: A.Bidder Information and Acknowledgement Form B.Table of Contents C.Introduction Letter D.Qualifications E.Other Information F.Cost & Time G.Mandatory Bid Forms H.Florida State Corporate Filing Section A – BIDDER Information and Acknowledgement Form 1.Use the form provided in the Mandatory Proposal Form titled “BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM.” (See Bid Form 1) Section B – Table of Contents 1.Identify Bid material by section and page number. Section C – Introduction Letter 1.Summarize the key points of the Bid including an understanding of the scope of work. Must be signed by an authorized official of the Bidder. Section D – Qualifications 1.General – Provide general information about the Bidder, including size, office location(s), and structure of Bidder. Identify and explain any significant changes in organizational structure, ownership, or management both firm-wide and within your specific business segment during the past five (5) years. 2.Bidder Experience – Describe the Bidder’s experience with erosion control projects, focus on the Bidder’s experience with such services for municipalities 3.Team Experience – Identify key members Bidder’s team that will service the CITY. Identify the proposed project manager. Provide brief resumes for key team members that will service the CITY as an Appendix. 4.References – Use the form provided in the Mandatory Proposal Form titled “REFERENCE INFORMATION FORM” 5.Conclusion – Briefly summarize why Bidder should be selected, including why Bidder is pursuing the City of Winter Springs’ business. In short, summarize what makes Bidder different and why the CITY should select Bidder above all others. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Section E - Other Information This section should address any other information necessary for a full understanding of Bidder’s services. Please provide relevant information on any additional services offered by Bidder. Section F – Cost and Time This section must clearly state the cost and estimated completion time, if applicable, associated with the project. Use Appendix A: Cost Proposal Worksheet. Section G – Mandatory Bid Forms Fill out and return the forms provided; Bidder Information and Acknowledgement Form, References Information Form, Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free Workplace Form, Public Entity Crimes Statement, Debarment, suspension etc. Certification, E-Verify Statement, Conflict of Interest Statement, Compliance with Florida Statute 787.06 Affidavit, SMWBE Utilization Plan, Appendix A Cost Proposal Worksheet and Bid Bond Form. Section H – Florida State Corporate Filing All Bids must be signed with the Bidder’s name and by an officer or employee having authority to bind the Bidder by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Bid. Use Sunbiz website screen shot or include a copy of Corporate Resolution or a Power of Attorney. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park MANDATORY BID FORMS Proposal Form 1 -Bidder Information and Acknowledgement Form Proposal Form 2 -References Information Form Proposal Form 3 -Insurance Requirements Form Proposal Form 4 -Scrutinized Company Certification Proposal Form 5 -Non-Collusion Affidavit Proposal Form 6 -Drug Free Workplace Form Proposal Form 7 -Public Entity Crimes Statement Proposal Form 8 -Debarment, Suspension etc. Certification Proposal Form 9 - E-Verify Statement Proposal Form 10 -Conflict of Interest Statement Proposal Form 12 -Affidavit of Compliance with Florida Statute 787.06 Proposal Form 13 -SMWBE Utilization Plan Appendix A -Cost Proposal Worksheet Appendix B -Bid Bond Form Mandatory forms must be submitted with the Bid. Failure to submit forms may disqualify the Bidder from the ITB The following documents do not need to be returned with the Bid response Exhibit 1 Project Plans Exhibit 2 Project Specifications Appendix C Performance Bond Agreement Appendix D Labor and Materials Payment Bond Agreement ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM For ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the minimum requirements/evaluation criteria shown by the Invitation To Bid to be delivered to the specified site for the price indicated. IT IS THE BIDDER’S RESPONSIBILITY TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney. BIDDER NAME: TAX ID# SNN or EIN: BIDDER ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY WEBSITE: COMPANY CONTACT (REP): CONTACT EMAIL ADDRESS: SIGNATURE: THE UNDERSIGNED: A.Acknowledges receipt of: 1.ITB # 11-24-07 PH Pertaining To: Erosion Control Countermeasures within Gee Creek at Moss Park 2.Addenda: Number: _________, Dated _________________. Number: _________, Dated _________________. B.Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive all right to plead any misunderstanding regarding the same. C.Agrees: 1.To hold this Bid open for 90 calendar days after the Bid opening date. 2.To furnish the services specified in this ITB at the prices quoted in the Bid and in compliance with the ITB Documents. 3.To accept the provisions of the Instructions to Bidders. 4.To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid. 5.To accomplish the work in accordance with the contract documents. D.Certifies: 1. That all information contained in this Bid is truthful to the best of my knowledge and belief. 2.That I am duly authorized to submit this Bid on behalf of the Bidder and that the Bidder is ready, willing, and able to perform if awarded the Bid. Stipulated Amount A.Submit on Cost Proposal Worksheet, Appendix A. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park REFERENCE INFORMATION FORM For ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Bidder Representative Typed Name/Title: Bidder Representative Signature: Bidder: ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park INSURANCE REQUIREMENTS FORM Insurance Type Required Limits Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Employer’s Liability $1,000,000 each accident, single limit per occurrence Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. Thirty (30) days cancellation notice required. The undersigned Bidder agrees to obtain, prior to award, if selected, a minimum level of insurance as stated above. Bidder Authorized Signature Officer Name and Title Date ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the CITY for goods or services of: a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or b. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to s. 215.473; or c. Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. The Bidder must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: a. The Bidder is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List; b. Been placed on the Scrutinized Companies that Boycott Israel List or c. Is engaged in a boycott of Israel; or d. Been engaged in business operations in Cuba or Syria. e. Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification. a. The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. b. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. c. If the Bidder does not demonstrate that the CITY’s determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. (Authorized Signature) (Printed Name and Title) (Name of Bidder) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2025 by _____________________ the _________________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public __________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park NON-COLLUSION AFFIDAVIT of PRIME BIDDER STATE OF COUNTY OF ____________________________________, being duly sworn, deposes and says that: (1) He/she is ___________________________ of ___________________________________ Title Bidder The Bidder that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such solicitation. (3) Such Bid is genuine and is not a collusive or sham solicitation. (4) Neither the Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or person, to submit a collusive or sham response in connection with the ITB for which the attached Bid has been submitted or to refrain from proposing in connection with such ITB, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) (Title) STATE OF _______________________________________ COUNTY OF _____________________________________ The foregoing instrument was acknowledged before me this ____________________by _____________________________, who is (___) personally known to me or (___) who has produced _______________________________ as identification and who (did / did not) take an oath. ________________________________________ (Signature of Notary Public) ________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public ________________________________________ (Commission Number) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park DRUG FREE WORKPLACE FORM The undersigned Bidderer, in accordance with Florida Statute 287.087 hereby certifies that _____________________________________________________ does: (Name of Bidder) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the Drug-Free statement. 4. Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 7. As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. (Authorized Signature) (Date) (Print/Type Name as Signed Above) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.This sworn statement is submitted with Bid for ITB 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park 2.This sworn statement is submitted by (Bidder) _____________________________________ whose business address is __________________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ______________. 3. My name is _______________________ and my relationship to the Bidder named above is ______________________________. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: • A predecessor or successor of a person convicted of a public entity crime; or • An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) ____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.) ____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.) ___________________________________________________________ Signature Date: ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PUBLIC ENTITY CRIMES STATEMENT cont. STATE OF __________________________________ COUNTY OF ________________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of ________________, 2025, and is personally known to me, or has provided ______________________ as identification. ____________________________________________ My Commission expires: ________________ Notary Public ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS Certification A - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Instructions for Certification (A) By signing and submitting this Bid, the prospective primary participant is providing the certification set out below; a. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or any explanation shall disqualify such person from participation in this transaction. b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. c. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Certification B - Lower Tier Covered Transactions a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. c. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may but is not required to, check the Non- procurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Bidder: Date: Signature of Authorized Certifying Official: Title: ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park E-VERIFY STATEMENT Bid Number: ITB # 11-24-07 PH Project Description: Erosion Control Countermeasures within Gee Creek at Moss Park Bidder acknowledges and agrees to the following: Bidder shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the Bidder during the term of the Contract to perform employment duties within Florida; and 1. All persons assigned by the Bidder to perform work pursuant to the contract with the CITY. Bidder: ______________________________________________________________________ Authorized Signature: __________________________________________________________ Title: ________________________________________________________________________ Date: _______________________________________________________________________ ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park CONFLICT OF INTEREST STATEMENT This sworn statement is submitted with Bid for ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park This sworn statement is submitted by (Bidder) ___________________________________ whose business address is __________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is ___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.) My name is ________________________ and my relationship to the Bidder named above is________________________. 1. The above-named Bidder is submitting a Bid for the City of Winter Springs. 2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 3. The Affiant states that only one submittal for the above Bid is being submitted and that the above-named Bidder has no financial interest in other entities submitting Bids for the same project. 4. Neither the Affiant nor the above- named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the Bidder’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the Bidder nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Bidder’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. 8. I certify that, should the Bidder be awarded a contract after successful negotiation, the execution and approval of such contract by the City of Winter Springs City Commission shall not create a conflict of interest under Chapter 112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the Bidder’s ownership or management is a spouse, child or “relative” as defined in Section 112.3142, Florida Statutes, of a current City Commission member. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named Bidder, will immediately notify the City of Winter Springs. ________________________________________________________ Signature Date: STATE OF ____________________________ COUNTY OF __________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ______ day of ________________, 2025, and is personally known to me, or has provided ______________________ as identification. ________________________________________ My Commission expires: ____________________ Notary Signature ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06 Florida Statutes § 787.06(13) provides that: When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). THIS AFFIDAVIT MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section § 787.06, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and do not use coercion for the labor or services contemplated in their Proposal response. (Authorized Signature) (Printed Name and Title) (Name of Proposer) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2025 by _____________________ the _________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public: _________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park SMWBE UTILIZATION PLAN Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization Bidder Company Name: _________________________________________________________________ Project Name : Erosion Control Countermeasures within Gee Creek at Moss Park ITB Number : ITB # 11-24-07 PH CFR §200.321 requires local governments to take all necessary affirmative steps to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. The CITY requires that Bidders (Prime Contractors), if subcontracts are to be let, to take the five affirmative steps as cited below. Please describe your firm’s plan for identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as necessary. • Placing qualified small and minority business and women’s business enterprises on solicitation lists. • Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources. • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women’s business enterprises. • Establishing delivery schedules where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises and veteran owned businesses. • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration or the Florida Office of Supplier Diversity https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park EXHIBIT 1 Project Plans JESSUPLAKE THERANCHLANDSU.S. HIGHWAY 17-92MOSS ROADHAYES ROADCR 419POWER EASE M E N T VILLAGEHACIENDA SHORE ROADSR 434 ESTATESLAKE KATHRYN G E E C R E E K GEE CREEKHIGHLANDS QUAILLAKE TALMOLAKE LAKELUCERNE LAKEIRENE LAKEBOAT SOLDIERS CREEK ALTON ROAD CROSS SEMINOL E T R A I L 1 SHEETPROJECT NUMBER WSC-22015 VICINITY MAP LOCATION MAP DATE DESCRIPTIONNO. 1 PLANS SUBMITTAL AND REVISION SUMMARY 04 / 05 / 24 60% SUBMITTAL - NRCS REVIEW 2 08 / 09 / 24 REVISED 60% SUBMITTAL - NRCS REVIEW 3 10 / 01 / 24 90% SUBMITTAL - NRCS REVIEW 4 11 / 13 / 24 100% SUBMITTAL - BID ADVERTISEMENT 1. GOVERNING SPECIFICATIONS: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS (LATEST EDITION) AND SUPPLEMENTS THERETO IF NOTED IN THE BID DOCUMENTS FOR THIS PROJECT. 2. ATTENTION IS DIRECTED TO THE FACT THAT THESE PLANS MAY HAVE BEEN CHANGED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. 11" x 17" DRAWINGS ~ NOT TO SCALE 12" x 18" DRAWINGS ~ HALF SIZE TO SCALE 24" x 36" DRAWINGS ~ FULL SIZE TO SCALE 3. ELEVATION INFORMATION SHOWN WITHIN THESE PLANS IS REFERENCED TO THE NAVD88 VERTICAL DATUM. 4. DATUM SHIFT FOR THIS PROJECT (SEE PROJECT LOCATION SUMMARY THIS SHEET) WILL BE APPLIED AS A CONSTANT VALUE FOR CONVERTING ELEVATIONS BETWEEN THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) AND THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD29). COMPUTED DATUM SHIFTS NAVD88 + 1.050' = NGVD29 NGVD29 - 1.050' = NAVD88 NOTES WITHIN GEE CREEK AT MOSS PARKEROSION CONTROL COUNTERMEASURES SHEET DRAWING TITLE COVER SHEET DRAWING INDEX 1 GENERAL NOTES2 AERIAL LOCATION MAP AND EXISTING CONDITIONS PHOTOGRAPHS3 TYPICAL SECTIONS AND DETAILS6 LOCATION PROJECT 1" = 1,500' 100% SUBMITTAL100% SUBMITTAL CROSS SECTIONS7 - 8 KEVIN McCANN MATT BENTON MAYOR COMMISSIONER DISTRICT 1 VICTORIA COLANGELO COMMISSIONER DISTRICT 2 TED JOHNSON COMMISSIONER DISTRICT 3 CADE RESNICK COMMISSIONER DISTRICT 4 CITY MAYOR AND COMMISSIONERS ROB ELLIOT COMMISSIONER DISTRICT 5, DEPUTY MAYORSITE PLAN5 CONSTRUCTION PLANSCONSTRUCTION PLANS LATITUDE 28.68949 MOSS PARK LONGITUDE -81.30413 NTS TOPOGRAPHIC SURVEY4 POLLUTION CONTROLS, WATER BYPASSING AND WETLAND IMPACTS9 PHILIP HURSH INTERIM CITY MANAGER CITY STAFF BILAL IFTIKAR DIRECTOR OF UTILITIES CLIFTON MULLIS PUBLIC WORKS SUPERINTENDENT Emergency Watershed Protection Program (EWP) POLLUTION CONTROL DETAILS10 MISCELLANEOUS DETAILS11 CERTIFICATION BY THE ENGINEER OF RECORD 310 WEST STATE ROAD 434, SUITE 309 WINTER SPRINGS, FLORIDA 32708 PHONE: 407-992-9160 FAX: 407-358-5155 PEGASUS ENGINEERING, LLC GREGORY A. TEAGUE FLORIDA P.E. NUMBER 47663 State of Florida Board of Professional Engineers Certificate of Authorization No. 27770 PROF ESSIONA L E NGINEERGREGORY A LLEN TE AG U ENo. 47663 STATE OF FLOR I D ALIC E NSE THIS ITEM HAS BEEN ELECTRONICALLY SIGNED AND SEALED BY GREGORY A. TEAGUE, P.E. ON NOVEMBER 13, 2024 USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. THIS CERTIFICATION EXCLUDES CERTAIN INFORMATION THAT WAS PREPARED "BY OTHERS" AND MAY BE INCLUDED IN THE PLANS FOR THE CONTRACTOR'S CONVENIENCE, INCLUDING BUT NOT LIMITED TO THE TOPOGRAPHIC SURVEYS, MANUFACTURER DETAILS, FDOT DETAILS OBTAINED FROM THE DESIGN STANDARDS, AND STANDARD DETAILS PROVIDED BY THE CITY OF WINTER SPRINGS OR SEMINOLE COUNTY. CITY OF WINTER SPRINGS, FLORIDA NOVEMBER 13, 2024 THE CONTRACTOR SHALL NOTIFY THE PROJECT ENGINEER AND BOTH SHALL NOTIFY: TALLAHASSEE, FL SUITE 309REMOVAL AND REPLACEMENT SHALL BE PROTECTED WITH A CAST IRON VALVE BOX. (904) 488-2427 3900 COMMONWEALTH BOULEVARD STATE GEODETIC ADVISOR, RONNIE TAYLORSUBMITTED TO THE ENGINEER FOR RESOLUTION, AS SOON AS POSSIBLE AFTER DRAINAGE / UTILITY CONFLICTS EXIST. INFORMATION ON CONFLICTS IS TO BE PRIOR TO ORDERING DRAINAGE STRUCTURES, THE CONTRACTOR SHALL DETERMINE IFRESPONSIBLE FOR COORDINATING UTILITY RELOCATION WITH THE UTILITY OWNER.OF UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO AND ISCONTRACTOR SHALL MAKE HIS OWN DETERMINATION AS TO THE TYPE AND LOCATIONSURVEYS BUT IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THEOF UNDERGROUND AND OTHER UTILITIES IS BASED ON AVAILABLE RECORDS ANDTHE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATIONBY PERMIT CONDITIONS, REQUIRED STANDARD FDOT SPECIFICATIONS, AND / ORCONTROLS SHALL BE USED AT LOCATIONS DESIGNATED IN THE PLANS, ESTABLISHEDTHE PLANS, PERMITS, AND STANDARDS ADOPTED BY OWNER. ENVIRONMENTAL THE CONTRACTOR SHALL PERFORM HIS WORK IN ACCORDANCE WITH REQUIREMENTS OFDISCOVERY.ALL EXISTING TREES ARE TO REMAIN UNLESS OTHERWISE DIRECTED. IF REQUIRED TOMAKE HIS OWN DETERMINATION AS TO ALL SUBSURFACE CONDITIONS.AVAILABLE, TO MAKE ARRANGEMENTS TO REVIEW SAME PRIOR TO BIDDING, AND TOOF THE CONTRACTOR TO INQUIRE OF THE ENGINEER IF ADDITIONAL INFORMATION ISTHE PLANS GOVERNING CONSTRUCTION OF THE PROJECT. IT IS THE RESPONSIBILITY INFORMATION IS NOT GUARANTEED AND IS NOT TO BE CONSTRUED AS PART OFESTABLISHING DESIGN CRITERIA FOR THE PROJECT. THE ACCURACY OF THIS SUBSURFACE INFORMATION SHOWN ON THESE DRAWINGS WAS OBTAINED FOR USE INBE REMOVED, THE ITEM SHALL BE PAID FOR UNDER "CLEARING AND GRUBBING."PAVEMENT AREAS SCHEDULED TO BE OPEN-CUT SHALL HAVE THE PAVEMENT CLEANLYALL DRAINAGE PIPES SHALL BE REINFORCED CONCRETE PIPE, CLASS III, UNLESSOTHERWISE SPECIFIED OR DIRECTED BY THE OWNER / ENGINEER.ANY U.S.C. AND G.S. (UNITED STATES COAST AND GEODETIC SURVEY) MONUMENTSWITHIN THE LIMITS OF CONSTRUCTION SHALL BE PROTECTED. IF IN DANGER OF DAMAGE,SHALL BE PRESERVED. THOSE FOUND IN AREAS WHERE PAVEMENT IS SCHEDULED FOR ALL PERMANENT REFERENCE MONUMENTS (P.R.M.'s) SHOWN ON THE PLANS, OR FOUND,AS-BUILT DRAWINGS SHALL BE KEPT BY THE CONTRACTOR AND SUBMITTEDTHE CONTRACTOR SHALL REMOVE ALL WASTE MATERIAL FROM THE SITE ANDTO PROTECT ADJACENT AREAS FROM CONSTRUCTION ACTIVITIES. MISCELLANEOUS NOTESMN-4.MN-5.MN-6.MN-7.MN-9.MN-8.BE ALLOWED.MN-12.REGISTERED PROFESSIONAL ENGINEER RETAINED BY THE CONTRACTOR.MN-3.MN-2.MN-1.REQUIREMENTS, AND TESTING REQUIREMENTS SPECIFIED IN THE CONTRACT,PLANS OR SPECIFICATIONS.PROTECT EXISTING FACILITIES ABOVE AND BELOW THE GROUND.AND ENGINEER'S CONSULTANT ASSUME NO RESPONSIBILITY FOR SUBSURFACECONDITIONS OR FOR THE CONTRACTOR'S FAILURE TO IDENTIFY, LOCATE, AND IN THE CONTRACT, PLANS, OR SPECIFICATIONS.LOCATION AND IDENTIFICATION OF EXISTING UTILITIES, DRAINAGE SYSTEMS ORSURVEYORS.TO THE OWNER UPON PROJECT COMPLETION, PRIOR TO FINAL CERTIFICATIONTHE CONTRACTOR SHALL CLEARLY MARK THE LIMITS OF WORK PRIOR TO CLEARINGDISPOSE OF IT IN AN APPROVED MANNER. BURNING ON SITE WILL NOT BE ALLOWED.OF SUBSTANTIAL COMPLETION BY THE ENGINEER. THESE AS-BUILT DRAWINGSALL PERSONAL PROPERTY, EXCEPT MAILBOXES, WITHIN THE RIGHT-OF-WAY NOTRELOCATED BY THE PROPERTY OWNER(S) SHALL BE REMOVED BY THE CONTRACTORAS NECESSARY TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE PLANS.MAIL BOXES SHALL BE RELOCATED BY THE CONTRACTOR IN ACCORDANCE WITH FDOT's STANDARD PLANS FOR ROAD AND BRIDGE CONSTRUCTION (INDEX NO. 110-200). ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THIS WORK SHALL BE RESTOREDTO A CONDITION EQUAL TO OR BETTER THAN THE CONDITION EXISTING PRIOR TOCOMMENCING CONSTRUCTION, UNLESS SPECIFICALLY EXEMPTED BY THE PLANS. COSTTO BE INCIDENTAL TO OTHER CONSTRUCTION AND NO EXTRA COMPENSATION TOTHE CONTRACTOR SHALL PROVIDE ALL SHEETING, SHORING, AND BRACING REQUIREDTO PROTECT ADJACENT STRUCTURES AND UTILITIES, OR TO MINIMIZE TRENCH WIDTHAS REQUIRED. SHEETING AND SHORING SHALL BE DESIGNED BY A STATE OF FLORIDAWITH THE LINES, GRADES, PROFILES, CROSS-SECTIONS, DIMENSIONS, MATERIALALL WORK AND MATERIALS FURNISHED SHALL BE IN REASONABLE CONFORMITYPHYSICAL STRUCTURES WITHIN THE LIMITS OF WORK. THE OWNER, HIS ENGINEER,THE CONTRACTOR SHALL NOT EXCAVATE, REMOVE, OR OTHERWISE DISTURB ANYMATERIAL, STRUCTURE, OR PART OF A STRUCTURE WHICH IS LOCATED OUTSIDEEXCEPT WHERE SUCH EXCAVATION, REMOVAL, OR DISTURBANCE IS PROVIDED FOR AFFECT HIS WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DISCOVERY,THE CONTRACTOR SHALL EXAMINE THE SITE FOR ALL CONDITIONS WHICH MAYTHE LINES, GRADES, OR CONSTRUCTION LIMITS ESTABLISHED FOR THIS PROJECT,APPARENT ERRORS, DISCREPANCIES OR OMISSIONS ON THE DRAWINGS SHALL BE BROUGHT TO THE ENGINEER'S ATTENTION BEFORE BIDDING. NO EXTRA PAYMENT WILL BE ALLOWED FOR ANY WORK REQUIRED DUE TO MISUNDERSTANDING OF JOB OR SITECONDITIONS AFFECTING THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS ORSHOWN ON THE DRAWINGS. THE CONTRACTOR SHALL NOT TAKE ADVANTAGE OF ANYSHALL COMPLY WITH THE FLORIDA ADMINISTRATIVE CODE (F.A.C.) FORDOCUMENTS. THE TENDERING OF A PROPOSAL WILL ACKNOWLEDGE ACCEPTANCE OF APPARENT ERROR OR OMISSION IN THE DRAWINGS OR SPECIFICATIONS, AND THE ENGINEER SHALL BE PERMITTED TO MAKE CORRECTIONS AND INTERPRETATIONS AS MAY BE DEEMED NECESSARY FOR FULFILLMENT OF THE INTENT OF THE CONTRACT AND IN ACCORDANCE WITH ASTM C-478 UNLESS OTHERWISE SPECIFIED.ALL MANHOLES, INLETS, AND JUNCTION BOX STRUCTURES SHALL BE PRECASTALL PIPE JOINT CONNECTIONS SHALL BE WRAPPED WITH A FILTER FABRIC MATERIALIN ACCORDANCE WITH FDOT's STANDARD PLANS FOR ROAD AND BRIDGE CONSTRUCTIONALL MANHOLES, INLETS, AND JUNCTION BOX STRUCTURES SHALL HAVE TRAFFICBEARING FRAMES AND COVERS, OR GRATES MEETING HS-20 LOADING REQUIREMENTS,UNLESS OTHERWISE SPECIFIED WITHIN THE PLANS.ALL EXISTING AND INSTALLED STORM SEWER LINES AND INLETS SHALL BE CLEANEDOF DEBRIS AND ERODED MATERIALS AT THE LAST STAGE OF CONSTRUCTION, THECOST OF WHICH SHALL BE INCIDENTAL TO THE PROJECT CONSTRUCTION. BEFORECOMMENCING CONSTRUCTION, THE CONTRACTOR SHALL BRING TO THE ATTENTION OFTHE ENGINEER ALL EXISTING DRAINAGE PROBLEMS OR DRAINAGE PROBLEMS THATWILL BE CREATED BY THIS OPERATION.STORM WATER (DRAINAGE)SW-1.SW-2.SW-4.SW-5.FDOT INDEX NO. 430-001).OBTAIN WRITTEN PERMISSION FROM THE LAND OWNER TO OCCUPY THE PROPERTYFOR THE SOLE PURPOSE OF PROSECUTING THE WORK. THE CONTRACTORBEFORE COMMENCING WORK ON ANY PRIVATE LANDS, THE CONTRACTOR SHALLSHALL USE ALL DUE CAUTION AND CARE TO PROTECT THE PROPERTY AT ALLTIMES AND IN ALL MANNER FROM HIS WORK AND TO LIMIT HIS ACTIVITIESAS NECESSARY TO PERFORM THE WORK AS DESCRIBED BY THE CONTRACTDOCUMENTS. IF THE WORK IS INCOMPLETE AT THE END OF THE WORK DAY,HE SHALL SECURE THE WORK AREA AND MATERIALS TO PROVIDE FOR THE CONSIDERATION AND THE SOLE RESPONSIBILITY OF THE CONTRACTOR.SAFETY OF ALL PERSONS, KNOWN OR UNKNOWN. SAFETY SHALL BE A PRIMEFROM THE GOVERNMENTAL ENTITY HAVING JURISDICTION OVER SAID AREA.SPECIFICALLY DESCRIBED BY THE PLANS AND GRANTED BY REASON OF PERMITBUFFER AREA, MITIGATION AREA, OR DESIGNATED WETLAND AREA UNLESSABSOLUTELY NO WORK WILL BE ALLOWED WITHIN ANY CONSERVATION AREA,STORMWATER POLLUTION PREVENTION PLAN (SWPPP)IF THE TOTAL AREA TO BE CLEARED IS EQUAL TO, OR EXCEEDS ONE (1) ACRE,THEN THE CONTRACTOR WILL BE RESPONSIBLE FOR PREPARING A STORMWATERPOLLUTION PREVENTION PLAN (SWPPP) IN ACCORDANCE WITH EPA'S NPDESREGULATIONS. THE CONTRACTOR WILL BE RESPONSIBLE FOR SUBMITTING A NOTICEOF INTENT (NOI) AND APPLICABLE FEES TO THE FDEP NO LESS THAN FORTY-EIGHT(48) HOURS PRIOR TO COMMENCING CONSTRUCTION. THE COST FOR THIS WILL BE AND MAINTAIN ALL BARRICADES, WARNING SIGNS, AND MARKINGS FOR PRIOR TO COMMENCING WORK, THE CONTRACTOR SHALL FURNISH, ERECTCONSTITUTES IN ANY WAY A HAZARD TO THE PUBLIC.WHERE THE WORK CAUSES OBSTRUCTION TO THE NORMAL TRAFFIC ORTHE OWNER, SUCH AS TO EFFECTIVELY PREVENT ACCIDENTS IN ALL PLACES TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, OR AS DIRECTED BY WITH THE U.S. DEPARTMENT OF TRANSPORTATION MANUAL OF UNIFORM HAZARDS AND THE CONTROL OF TRAFFIC, IN REASONABLE CONFORMITYMAINTENANCE OF TRAFFIC: ACCESS FOR LOCAL TRAFFIC WITH DESTINATIONS WITHINTHE PROJECT LIMITS SHALL BE MAINTAINED. IF ACCESS TO LOCAL TRAFFIC IS CHANGEDDURING CONSTRUCTION, THEN THE CONTRACTOR SHALL NOTIFY THE OWNER AMINIMUM OF THREE (3) WORKING DAYS IN ADVANCE. IF ROAD CLOSURES AREREQUIRED DURING CONSTRUCTION, THEN THE CONTRACTOR SHALL NOTIFY THEOWNER A MINIMUM OF FIVE (5) WORKING DAYS IN ADVANCE.RP-7.RP-8.RP-9.EW-2.EW-3.GS-5.EW-4.EW-1.EARTHWORKTHE CONTRACTOR SHALL EXAMINE THE SITE, REVIEW THE PLANS, AND INDEPENDENTLY DETERMINE THE VOLUME OF EXCAVATION, FILL AND/ORBACKFILL REQUIRED TO PERFORM THE WORK.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF SLOPESAND EMBANKMENTS. THE CONTRACTOR SHALL REPAIR OR REMEDY DAMAGETO SUCH IF CAUSED BY EROSION, CONTRACTOR ACTIVITIES OR LACK OF MAINTENANCE UNTIL THE PROJECT IS ACCEPTED BY THE OWNER.ALL FILL PLACED WITHIN PROPOSED ROAD RIGHT-OF-WAYS SHALL BE COMPACTED AS FOLLOWS:THE ENGINEER HAS UTILIZED TOPOGRAPHIC SURVEY INFORMATION WHICH HEHAS RELIED UPON IN THE PREPARATION OF THESE PLANS. THE CONTRACTOR ISEMBANKMENT IS STARTED.OTHERWISE REMOVE ALL VEGETATION AND OTHER DELETERIOUS MATERIAL BEFOREIN ALL AREAS WHICH REQUIRE FILL MATERIAL, THE CONTRACTOR WILL STRIP ORGEOMETRY & SURVEYROADWAY SHOULDERS (OUTSIDE PAVEMENT) 95% MAX. DENSITY, AASHTO T-180.ROADWAY AREAS (UNDER PAVEMENT) 98% MAX. DENSITY, AASHTO T-180.MT-2.MT-1.EW-5.BE ALLOWED. GS-2.FOR SELECT DISPOSAL. IN NO CASE WILL BURIAL OF DISPOSABLE MATERIALREMOVED FROM THE SITE AND DISPOSED OF BY THE CONTRACTOR UNLESSOTHERWISE DIRECTED BY THE OWNER OR SPECIFIED ELSEWHERE IN THE PLANSALL SOIL STRIPPINGS, DELETERIOUS AND UNSUITABLE MATERIAL SHALL BEPROPOSED STATION OFFSETS ARE FROM THE CENTERLINE OF THE STRUCTURE PUBLIC LAND CORNERS WITHIN THE LIMITS OF CONSTRUCTION SHALL BE PROTECTED.IF A CORNER MONUMENT IS IN DANGER OF BEING DESTROYED OR DISTURBED,THE CONTRACTOR SHALL NOTIFY THE OWNER AND THE PROJECT ENGINEER, WITHOUTDELAY, BY TELEPHONE. THE CONTRACTOR SHALL PROVIDE WRITTEN FOLLOW UPCONFIRMATION WITHIN FORTY-EIGHT (48) HOURS OF TELEPHONE NOTIFICATION.GS-6.BENCHMARKS AND VERTICAL ELEVATIONS AREA BASED ON NAVD88 DATUM.MAINTENANCE OF TRAFFIC (MOT)GS-3.GS-4.INCLUDED IN THE CONTRACT UNIT PRICE FOR "MOBILIZATION/DEMOBILIZATION, LS."REQUIRED BY THE AUTHORITY HAVING JURISDICTION WHERE THE WORK OCCURS.THE CONTRACTOR SHALL OBTAIN A RIGHT-OF-WAY UTILIZATION PERMIT ASRP-6.RP-5.THE CONTRACTOR MUST OBTAIN A CONSUMPTIVE USE PERMIT (CUP) IF DEWATERINGIS NECESSARY. A DEWATERING PLAN MUST BE SUBMITTED TO THE OWNER FOR REVIEWREGULATORY AND PERMITTINGGEOTECHNICAL AND TESTINGEROSION CONTROL AND POLLUTION ABATEMENTRESTORED TO A CONDITION EQUAL TO OR BETTER THAN THEIR ORIGINAL CONDITION.MULCHED. ALL DISTURBED AREAS OUTSIDE THE LIMITS OF GRADING SHALL BE GRADED AREAS NOT SCHEDULED FOR SODDING OR PAVING SHALL BE SEEDED ANDTREATMENT IS PRESCRIBED IN THE PLANS OR CONTRACT DOCUMENTS. ALL OTHEREC-6.ALL DISTURBED PERVIOUS AREAS SHALL BE SODDED, UNLESS OTHER SURFACEEC-5.IF NOT SPECIFIED ELSEWHERE; SEEDING, MULCHING, AND SODDING SHALL BE IN ACCORDANCE WITH FDOT's STANDARD SPECIFICATIONS FOR ROAD AND BRIDGECONSTRUCTION, (latest edition). EC-2.THE CONTRACTOR SHALL EMPLOY SUCH EROSION CONTROL METHODS ASTHE REMOVAL OF THE BARRIERS.BEEN ESTABLISHED. THEREAFTER, THE CONTRACTOR WILL BE RESPONSIBLE FORCONSTRUCTION IS COMPLETED AND SOILS ARE STABILIZED AND VEGETATION HASAND TURBIDITY BARRIERS MUST REMAIN IN PLACE AT ALL LOCATIONS UNTILEC-4.SILT SCREENS AND TURBIDITY BARRIERS MUST BE INSTALLED AT ALL LOCATIONSWHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THERECEIVING WATERBODY EXISTS DUE TO THE PROPOSED WORK. SILT SCREENSEC-8.STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2010 edition).ACCORDANCE WITH FDOT's ROADWAY AND TRAFFIC DESIGN STANDARDS ANDINSTALLATION OF SILT FENCES AND TURBIDITY BARRIERS SHALL BE IN EC-3.RP-4.RP-3.RP-2.RP-1.RECOMMENDATIONS REGARDING CONSTRUCTION OF THE PROPOSED IMPROVEMENTS.FOR THE CONTRACTOR'S INDEPENDENT REVIEW. THIS REPORT CONTAINS SPECIFICA GEOTECHNICAL ENGINEERING REPORT HAS BEEN PREPARED AND IS AVAILABLEGT-1.400 OLD SANFORD OVIEDO ROADPUBLIC WORKS DEPARTMENTSHALL HAVE THE INDICATED MEANING:DEFINITION:THE CONTRACTOR SHALL PROVIDE A MINIMUM OF FIVE (5) FEET OF SOD AROUND ALLDITCH BOTTOM INLETS, MANHOLES AND ENDWALLS, IN AREAS NOT SCHEDULEDFOR PAVEMENT OR CONCRETE.A GEOTECHNICAL ENGINEER SHALL BE RETAINED BY THE CONTRACTOR FOR THEPURPOSE OF DETERMINING THE SUITABILITY OF MATERIAL ACQUIRED FROM EXCAVATIONSOR BORROW OPERATIONS; TO DETERMINE FILL SUITABILITY AND CONTROLFOR EMBANKMENT OPERATIONS, OR THE STOCKPILING OF SURPLUS SOIL. THECONTRACTOR WILL COOPERATE WITH THE GEOTECHNICAL ENGINEER AS REQUIREDTO DO THE WORK.OR MISCONDUCT IN HIS MANNER OR METHOD OF EXECUTING THE WORK, OR ATPLANTED GRASSES AND VEGETATION UNTIL THE WORK HAS BEEN ACCEPTED BYTHE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL NEWLYANY TIME DUE TO DEFECTIVE WORK OR MATERIALS.THE OWNER.EC-7.THE OWNER'S CONSULTANT FOR SCHEDULING ALL TESTING PRIOR TOCONSTRUCTION WORK. THE CONTRACTOR SHALL PROVIDE SUFFICIENT NOTICE FORTHE CONTRACTOR SHALL ENSURE THAT PROPER SOIL DENSITIES ARE ACHIEVEDFOR THE PLACEMENT OF ALL STRUCTURES, OR COMPACTED EARTH. VERIFICATIONTESTING IS AT THE OWNER'S OPTION. THE CONTRACTOR SHALL COORDINATE WITHTHE CONTRACTOR SHALL CONFORM AND ADHERE TO THE POLICIES ESTABLISHEDBY THE CITY OF WINTER SPRINGS PUBLIC WORKS DEPARTMENT FOR THE PRESERVATIONOF ALL PUBLIC AND PRIVATE PROPERTY. THE CONTRACTOR SHALL BE RESPONSIBLEFOR ALL DAMAGE AND INJURY TO PROPERTY OF ANY CHARACTER, DURING THEPROSECUTION OF THE WORK, RESULTING FROM ANY ACT, OMISSION, NEGLIGENCE,TESTING WORK IN ADVANCE OF CONSTRUCTION. THE CONTRACTOR SHALL ADHERE GT-3.GT-2.SEDIMENT RUNOFF FROM THE SITE DURING CONSTRUCTION.CRITERIA AND SCHEDULES, AND FOR SIGNING FOR SAID INSPECTIONS.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MEETING ALL INSPECTIONTHE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, ANDMEASURES SHALL BE TAKEN BY THE CONTRACTOR TO CONTROL EROSION ANDLOCAL LAWS AND REGULATIONS CONTROLLING POLLUTION OF THE ENVIRONMENT.EC-1.THE CONTRACTOR SHALL COMPLY WITH ALL LEGAL LOAD RESTRICTIONS WHENHAULING MATERIALS OR EQUIPMENT BEYOND THE LIMITS OF THE WORK. ASPECIAL PERMIT WILL NOT RELIEVE THE CONTRACTOR FROM ANY LIABILITY FORDAMAGE OR INJURY WHICH MAY RESULT FROM MOVING EQUIPMENT OR MATERIAL.IMPROVEMENTS PRIOR TO ACCEPTANCE BY THE OWNER.WITHIN SAID PERMITS REGARDING THE WORK AND MAINTENANCE OFADHERE TO ALL APPLICABLE REQUIREMENTS OR SPECIAL CONDITIONS STATED BEFORE PROCEEDING WITH THE WORK. THE CONTRACTOR SHALL SATISFY ANDTHE CONTRACTOR SHALL ENSURE THAT ALL REQUIRED PERMITS ARE IN HANDWHEN USED IN THESE GENERAL NOTES, THE WORD "OWNER"GT-4.TO THE "ASSESSMENT AND RECOMMENDATIONS" CONTAINED WITHIN THEPRIOR TO BEGINNING ANY CONSTRUCTION, THE CONTRACTOR SHALL SUBMIT TOTHE REFERENCE POINT TIES SHOWN ON THE PLAN AND PROFILE SHEETS, AND/ORSUBMIT A SET OF FIELD NOTES FOR ALL ADDITIONAL BENCHMARK AND REFERENCEPOINT TIES PROPOSED TO BE USED IN CONSTRUCTING THE PROJECT WITH THEIRLOCATION, DESCRIPTION AND ELEVATION BASED ON THE APPLICABLE PROJECT DATUM. ALL SUBMITTALS SHALL BE SIGNED AND SEALED BY A PROFESSIONAL LANDSURVEYOR REGISTERED IN THE STATE OF FLORIDA.THE OWNER A SET OF FIELD NOTES VERIFYING THE BENCHMARK ELEVATIONS ANDGS-1.BEFORE ESTABLISHING ANY LAYOUT CONTROL.GS-7.TO THE PROJECT BASELINE, UNLESS NOTED OTHERWISE.UTILITIESUL-4.UL-3.UL-2.UL-1.CONTRACTOR OF HIS RESPONSIBILITY TO PROTECT SUCH EXISTING FEATURES FROMTHE CONTRACTOR SHALL LOCATE AND VERIFY THE DEPTHS AND LOCATIONSANY STRUCTURES.OF ALL EXISTING UTILITIES WITHIN THE LIMITS OF WORK, PRIOR TO ORDERINGARISE BETWEEN THESE PLANS AND ACTUAL FIELD CONDITIONS, WHICH WOULDDAMAGE OR UNSCHEDULED INTERRUPTION OF SERVICES. SHOULD A DISCREPANCY TO THE CONTRACT.RELOCATED BY THE RESPECTIVE UTILITY COMPANY AND THE CONTRACTOR SHALL RELOCATION, DISRUPTION OF SERVICE, OR CLARIFICATION OF UTILITY ACTIVITY.UTILITY COMPANIES TO MAKE THE NECESSARY ARRANGEMENTS FOR ANYHALT CONSTRUCTION AND NOTIFY THE OWNER IMMEDIATELY.COOPERATE WITH THE UTILITY COMPANY DURING RELOCATION OPERATIONS.THE CONTRACTOR SHALL EXERCISE CAUTION WHEN CROSSING A UTILITY, WHETHERANY DELAY OR INCONVENIENCE BY THE VARIOUS UTILITIES SHALL BE INCIDENTALUTILITIES WHICH INTERFERE WITH THE PROPOSED CONSTRUCTION SHALL BEUNDERGROUND OR OVERHEAD, WHETHER SHOWN ON THESE PLANS OR FIELD LOCATED.EXISTING UTILITIES PRIOR TO CONSTRUCTION, AND FOR NOTIFYING THE VARIOUSTHE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND VERIFYING ALLAPPRECIABLY AFFECT THE EXECUTION OF THESE PLANS, THE CONTRACTOR WILLCONTRACTOR. THE OWNER AND HIS REPRESENTATIVE DO NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF THE LOCATION INFORMATION PROVIDED.ANY INACCURACY OR OMISSION IN SUCH INFORMATION SHALL NOT RELIEVE THE AVAILABLE INFORMATION AND ARE PROVIDED FOR THE CONVENIENCE OF THEFEATURES SHOWN ON THE PLANS HAVE BEEN DETERMINED FROM THE BESTTHE LOCATION OF ALL EXISTING UTILITY SERVICES, FACILITIES, AND STRUCTURALSPECIFIED BY THE FDOT's ROADWAY AND TRAFFIC DESIGN STANDARDS ANDSTANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2010 edition).ALL REINFORCED CONCRETE PIPE SHALL BE OF THE CLASS AND BEDDINGSPECIFIED BY FDOT's STANDARD PLANS FOR ROAD AND BRIDGE CONSTRUCTION, (latest edition).SW-3.THESE CONDITIONS BY THE BIDDER.SW-6.SW-7.MN-11.THE CONTRACTOR SHALL CLEARLY MARK THOSE TREES SCHEDULED FOR REMOVAL,PROTECTION, AND REPLACEMENT.SAW-CUT BEFORE REMOVAL OF MATERIAL. THE CONTRACTOR SHALL DIRECT HIS WORKTO PROTECT THE REMAINING PAVEMENT EDGES FROM BREAKING, CRACKING, OR RAVELING TO PROVIDE AN ACCEPTABLE EDGE TO RECEIVE THE CONCRETE REPAIR.SEE OPEN-CUT DETAILS IN THE PLANS.MN-13.AS DESIGNATED BY THE ENGINEER.THE CONTRACTOR SHALL COORDINATE WITH THE OWNER OR THE ENGINEERTHE CONTRACTOR SHALL PROTECT ALL EXISTING TRAFFIC AND STREET SIGNS.MT-3.WHEN TEMPORARY REMOVAL, RELOCATION, OR REPLACEMENT OF SUCH SIGNAGEIS REQUIRED DUE TO THE NATURE OF HIS WORK.MN-10.CONDITIONS.ALL LANDSCAPING, PLANTS AND MULCH SHALL BE RESTORED TO PRE-CONSTRUCTIONMN-14.ADVISED TO OBTAIN A SIGNED AND SEALED COPY OF THE TOPOGRAPHIC SURVEYGEOTECHNICAL REPORT.WINTER SPRINGS, FLORIDA 32708 FROM CENTERLINE OF STRUCTURE TO CENTERLINE OF STRUCTURE. MEASUREMENT OFPIPE LENGTHS AND SLOPES DEPICTED ON THE PLAN AND PROFILE SHEETS ARE MEASUREDCOVERED WITH AN ASPHALTIC MASTIC COATING, AND WRAPPED WITH ASPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (latest edition).PIPE BID ITEM OR FOR MODIFICATION OF PRECAST STRUCTURES.NOT BE CONSIDERED AS A BASIS FOR ADDITIONAL COMPENSATION FOR THE PERTINENTFILTER FABRIC MATERIAL PER SECTION 430-7.3.1.7 OF FDOT's STANDARDALL INLET/MANHOLE - PIPE JOINTS SHALL BE FILLED WITH NON-SHRINK GROUT,CHANGES OF PIPE INVERTS NOT EXCEEDING PLUS OR MINUS ONE (1) FOOT WILLSW-8.SW-9.SW-10.PRIOR TO EXCAVATING IN THE VICINITY OF A GAS PIPELINE, THE CONTRACTOROF FLORIDA STATUTES, PROTECTION OF UNDERGROUND PIPELINES,SHALL NOTIFY THE GAS UTILITY OWNER IN ACCORDANCE WITH THE REQUIREMENTSF.S. 553.851, CH. 77-143.UL-5.THE CONTRACTOR SHALL NOTIFY UTILITIES 72 HRS. PRIOR TO EXCAVATION, INSAFETY ACT, F.S. 556.101-111. THE CONTRACTOR SHALL USE THE SERVICES OF A ONEACCORDANCE WITH THE FLORIDA UNDERGROUND FACILITIES DAMAGE PREVENTIONNUMBER IDENTIFICATION SYSTEM (O.N.I.S.) AND CALL FOR A UTILITY LOCATOR AMINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OF WORK. SUNSHINE 81111 PLANTATION ROADDEBARY, FL 327131-800-432-4770WWW.SUNSHINE811.COMVIDEO INSPECTIONSVI-1.VI-2.CITY OF WINTER SPRINGSDRAINAGE PIPE FOR PAYMENT SHALL BE DETERMINED FROM ACTUAL LENGTHS INSTALLED.MISCELLANEOUS NOTES (CONTINUED)UTILITY SEPARATION REQUIREMENTSUTILITIES ENCOUNTERED:UL-6.OWNER AND/OR ENGINEER OF RECORD PRIOR TO FINAL PAVING OR SURFACE RESTORATION.ALL DRAINAGE STRUCTURES AND PIPES SHALL BE INSPECTED AND ACCEPTED BY THEPRIOR TO FINAL ACCEPTANCE, STORM PIPES INSTALLED ON THE PROJECT ARE TO BE INSPECTEDUSING A CLOSED CIRCUIT TELEVISION (CCTV) CAMERA. THE CCTV INSPECTION SHALL BECOMPLETED BY A FIRM WITH PERSONNEL THAT SPECIALIZES IN THIS TYPE OF WORK, ANDMUST BE APPROVED BY THE OWNER AND/OR ENGINEER OF RECORD BEFORE FINALACCEPTANCE OF THE PROJECT.CHARTER COMMUNICATIONSCATVJOHN SMITH407-532-8520 DUKE ENERGYELECTRICDUKE'S CUSTOMER SERVICE CENTER407-629-1010USIC DISPATCH800-778-9140CITY OF WINTER SPRINGSSEWER, WATER, RECLAIMED WATERDILLON THOMAS407-327-1800, #588CLIFTON MULLIS (EMERGENCY CONTACT)407-327-5966, #302CENTURYLINK (LUMEN, QUANTUM)TELEPHONE, FIBERBILL McCLOUD850-599-1444THE CONTRACTOR SHALL SUBMIT A VIDEO OF THE PROJECT AREAS WITHIN THE LIMITSOF CONSTRUCTION TO THE OWNER BEFORE CONSTRUCTION COMMENCEMENT.PHONE: 407-327-1800USIC DISPATCH OFFICE800-778-9140FL REGIONAL OPERATIONS CENTER844-220-2369FL PUBLIC UTILITIES GASGASCOLIN DUNN386-785-4554VERONICA THOMAS352-459-1589MIKE PLANTE386-956-5415SEMINOLE COUNTYSEWER, WATER, RECLAIMED WATERPAUL ZIMMERMAN407-665-2040CHRIS GRAYBOSCH407-840-4058ENVIRONMENTAL SERVICES DEPARTMENT407-665-2767RYAN EGAN918-547-0063CABLE PROTECTION CENTER877-366-8344, EXT. 3WOW FIBER INTERNETTELEPHONE, FIBERGREG HUNT303-927-4994ORENZA MERRITT813-575-8205JEFFREY NORERIKA407-840-4513AND APPROVAL BEFORE COMMENCING CONSTRUCTION.GREGORY A. TEAGUE, P.E.REGISTRATION No. 47663SIGNED AND SEALEDNOT A FINAL PLAN UNLESSDATE:State of Florida Board of Professional Engineers 301 West SR 434, Suite 309Winter Springs, Florida 32708APPROVED BY:DRAWN BY:DATE:DESIGNED BY:JOB No.:Fax: 407-358-5155Certificate of Authorization No. 27770Office: 407-992-9160WSC-22015GATDWHNOVEMBER 2024DATEREV.DESCRIPTIONPegasus Engineering, LLCSHEET OF11EROSION CONTROL COUNTERMEASURES WITHIN GEE CREEK AT MOSS PARK 11 / 13 / 202401 NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CADNovember 13, 2024WINTER SPRINGS, FLORIDA 100% PLANSSHEET PILE ALTERNATIVE2GENERAL NOTES GENERAL NOTESIN ADDITION TO THE REQUIREMENTS OF NOTE GS-1 (ON THIS SHEET), APROFESSIONAL LAND SURVEYOR SHALL STAKE THE LOCATION OF ALLPROPOSED STRUCTURES FOR THE ENGINEER'S REVIEW AND ACCEPTANCEBEFORE COMMENCING CONSTRUCTION.ADDITIONAL SURVEY REQUIREMENTS1 GREGORY A. TEAGUE, P.E.REGISTRATION No. 47663SIGNED AND SEALEDNOT A FINAL PLAN UNLESSDATE:State of Florida Board of Professional Engineers 301 West SR 434, Suite 309Winter Springs, Florida 32708APPROVED BY:DRAWN BY:DATE:DESIGNED BY:JOB No.:Fax: 407-358-5155Certificate of Authorization No. 27770Office: 407-992-9160WSC-22015GATDWHNOVEMBER 2024DATEREV.DESCRIPTIONPegasus Engineering, LLCSHEET OF11EROSION CONTROL COUNTERMEASURES WITHIN GEE CREEK AT MOSS PARK 11 / 13 / 202401 NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CADNovember 13, 2024WINTER SPRINGS, FLORIDA 100% PLANSSHEET PILE ALTERNATIVEAERIAL LOCATION MAP AND3 0'30'PARCEL 03-21-30-502-0P00-0000314 SOUTH MOSS ROADGEE CREEKGEE CREEK PARCEL 03-21-30-509-0E04-0000314 SOUTH MOSS ROADMOSS PARKMOSS PARK312 SOUTH MOSS ROAD413 BOXWOOD CIRCLE415 BOXWOOD CIRCLE417 BOXWOOD CIRCLEERODED CHANNELBANK- VIEW LOOKING WESTABCDFEGGHHH310 SOUTH MOSS ROAD308 SOUTH MOSS ROADPARCEL 03-21-30-509-0E00-00D0DRAINAGE TRACTCITY OF WINTER SPRINGSPARCEL 03-21-30-5KK-0C00-0000UNIT FIVE OF MOUNT GREENWOODAFTER THE SEDIMENT REMOVAL PROJECT - VIEW LOOKING WESTAFTER THE SEDIMENT REMOVAL PROJECT - VIEW LOOKING SOUTHAFTER THE SEDIMENT REMOVAL PROJECT - VIEW LOOKING SOUTHAFTER THE SEDIMENT REMOVAL PROJECT - VIEW LOOKING EASTACCUMULATED SEDIMENTS - VIEW LOOKING WESTACCUMULATED SEDIMENTS - VIEW LOOKING NORTHEASTACCUMULATED SEDIMENTS - VIEW LOOKING SOUTHWESTACCUMULATED SEDIMENTS - VIEW LOOKING SOUTHACCUMULATED SEDIMENTS - VIEW LOOKING SOUTHTRACT "C"PARCEL 26-20-30-5AR-0D00-0910VACANTD R MITCHELLS SURVEY OF THE LEVY GRANT ON LAKE JESSUPPARCEL 03-21-30-519-0A00-0000THE SEASONSTRACT "E" CONSERVATIONPLAT BOOK 50, PAGES 24-27DRAINAGE EASEMENTEXISTING CONDITIONS PHOTOGRAPHS GEE CREEK WEST OF SOUTH MOSS ROADGEE CREEK WEST OF SOUTH MOSS ROADGEE CREEK WEST OF SOUTH MOSS ROADGEE CREEK WEST OF SOUTH MOSS ROADGEE CREEK WEST OF SOUTH MOSS ROADGEE CREEK EAST OF SOUTH MOSS ROADGEE CREEK EAST OF SOUTH MOSS ROADGEE CREEK EAST OF SOUTH MOSS ROADGEE CREEK EAST OF SOUTH MOSS ROADBRIDGE 775715BRIDGE 775715BRIDGE 775715BRIDGE 775715BRIDGE 775715AERIAL IMAGE DATED JANUARY 2023EAGLEVIEW US (PICTOMETRY CONNECT)AERIAL TOPOGRAPHY DATED 20183DEP PENINSULAR LiDAR PROJECT POWER EASEMENTPARKING LOTPEDESTRIAN FOOT BRIDGEKIOSKBASKETBALL COURTSPAVILIONRESTROOMSSHADED PLAYGROUNDSSIDEWALKSABCDEFGHMOSS PARK SYMBOL LEGENDTHIS PLAN SHEET WAS CREATED USING COLORS TOEMPHASIZE CERTAIN THINGS, ALL OF WHICH WILLDISPLAY AS "AS SHADES OF GRAY" OR "SOLID BLACK"WHEN PLOTTED ON A MONOCHROME PRINTER.BRIDGE 775715SOUTH MOSS ROADDOLPHIN ROAD1234510987612345867910LOCATION (TYPICAL)PHOTOGRAPH01-03-202401-03-202401-03-202401-03-202401-03-202401-03-2024GEE CREEK EAST OF SOUTH MOSS ROAD06-02-2024BRIDGE 77571506-02-202406-02-202406-02-2024BRIDGE 775715PER DESIGN PLANS6'-6" RISE x 24' SPANDOUBLE CON SPAN CULVERTS1 TOPOGRAPHIC SURVEY4 GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024 PRELIMINARYPRELIMINARYWINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE DAVID W. HAMSTRA, P.E. REGISTRATION No. 38652 SIGNED AND SEALED PRELIMINARYPRELIMINARY 1 1 1 0+200+400+600+801+20 1+40 1+60 1+80 2+20 1+002+00 GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE SITE PLAN5 0'10' CLOSED SIDEWALK CLOSED SIDEWALK CLOSED SIDEWALK 312 SOUTH MOSS ROADPARCEL 03-21-30-502-0M00-0280"SWAY 2014-1 BORROWER, LLC" (15' WIDE)UTILITY EASEMENT (15' WIDE)UTILITY EASEMENT AND STOCKPILE AREACONSTRUCTION STAGING PLAYGROUND 314 SOUTH MOSS ROADPARCEL 03-21-30-502-0P00-0000"MOSS PARK"AND STOCKPILE AREACONSTRUCTION STAGING 525 SEASONS COURTPARCEL 03-21-30-519-0A00-0000"SEASONS OF MT GREENWOOD HOMEOWNERS ASSN INC" POINT NORTHING EASTING BA-01 1583419.7870 558585.9600 BA-02 1583463.3410 558598.0700 BA-03 1583495.0800 558609.6650 BA-04 1583516.8137 558627.2966 BA-05 1583522.6670 558678.6073 BA-06 1583523.5328 558693.4750 BA-09 1583523.8463 558744.5573 BEGIN BASELINE "A" POINT ON BASELINE "A" POINT ON BASELINE "A" POINT ON BASELINE "A" POINT ON BASELINE "A" POINT ON BASELINE "A" END BASELINE "A" NOTES DESCRIPTION GEE CREEK CENTERLINE GEE CREEK CENTERLINE GEE CREEK CENTERLINE GEE CREEK CENTERLINE GEE CREEK CENTERLINE GEE CREEK CENTERLINE GEE CREEK CENTERLINE COORDINATE GEOMETRY FOR THE CONSTRUCTION BASELINE BA-07 1583523.3611 558707.2162POINT ON BASELINE "A" GEE CREEK CENTERLINE BA-08 POINT ON BASELINE "A" GEE CREEK CENTERLINE 1583521.0585 558717.5373 GEE CREEK PROTECTION INLET CONSTRUCTION ENTRANCESOUTH OF THE GRAVELAPPROXIMATELY 70-FEETINLETS ARE LOCATEDTHESE EXISTING CURB INGRESS AND EGRESSCONSTRUCTION OUTFALLS TO GEE C R E E K "DRAINAGE EASEMENT"PLAT BOOK 50, PAGES 24-27 VACANTPARCEL 26-20-30-5AR-0D00-0910"SALA, INC" PP DOWN GUY BASELINE "A" PLAN NOTESSEE THE SITE 1. THE CONTRACTOR SHALL PROTECT WATER, SEWER AND OTHER UTILITY SERVICES LOCATED IN THE IMMEDIATE VICINITY OF THE PROPOSED CONSTRUCTION. THE CONTRACTOR WILL NOT PROCEED WITH WORK UNTIL ALL ACTIVITIES HAVE BEEN COORDINATED WITH THE UTILITY SERVICE PROVIDERS. NOTIFICATION MUST BE MADE AT LEAST 48-HOURS PRIOR TO COMMENCEMENT OF WORK. 2. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY SERVICE PROVIDERS TO RELOCATE ANY UTILITIES THAT ARE IN CONFLICT WITH THE PROPOSED CONSTRUCTION. 3. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY DAMAGE CAUSED BY CONSTRUCTION, INCLUDING BUT NOT LIMITED TO: CONCRETE MIAMI CURB; CONCRETE SIDEWALK AND DRIVEWAYS; ROADWAY GUARDRAIL; FENCING; ETC. 4. UNLESS OTHERWISE NOTED ON THIS PLAN, EXISTING TREES AND OTHER ABOVE GROUND FEATURES ARE TO REMAIN. SITE PLAN NOTES CULVERTCON SPAN 24' x 6'-6" CULVERTCON SPAN 24' x 6'-6" CONCRETE SIDEWALK FENCE TO BE REMOVEDEXISTING CHAIN LINK ADDITIONAL INFORMATION FOR THE CONSTRUCTION INGRESS AND EGRESS AND THE STAGING AND STOCKPILE AREAS IS PROVIDED ON THE POLLUTION CONTROLS, WATER BYPASSING AND WETLAND IMPACTS PLAN. THIS PLAN SHEET WAS CREATED USING COLORS TO EMPHASIZE CERTAIN THINGS, ALL OF WHICH WILL DISPLAY AS "AS SHADES OF GRAY" OR "SOLID BLACK" WHEN PLOTTED ON A MONOCHROME PRINTER. RECLAIMEDWATER POTABLEWATER SOUTH MOSS ROADBRIDGE 775715PIPE (30" RCP)EXISTING STORM EXISTING WATERMAIN (8") EXISTING WATERMAIN (8") WATER MAIN (12")EXISTING RECLAIMED WATER MAIN (12")EXISTING RECLAIMED PP PP BORING "B-1A" BORING "B-2" BORING "B-1" REMOVE AND REPLACESIDEWALK (±19 SY) FENCE (±148 LF)4' HIGH CHAIN LINK TO BE REMOVEDFORMED CONCERTEEXISTING FABRIC SHEET PILE SHEET PILE (±105 LF) TURF MATEXISTING PLASTIC RIPRAPRUBBLEEXISTING RIPRAPRUBBLEEXISTING GUIDERAILALUMINUM PIPE INVERT RUBBLE RIPRAP TO BE REMOVEDFORMED CONCERTEEXISTING FABRIC POINT SP-02 STA. 2+25POINT BA-09 STA. 1+87.26POINT BA-07 STA. 1+97.84POINT BA-08STA. 1+73.52POINT BA-06 STA. 1+58.63POINT BA-05 STA. 1+7.00POINT BA-04 STA. 0+79.00POINT BA-03 STA. 0+45.21POINT BA-02 STA. 0+00POINT BA-01 INVERT EL. 39.36 (S)INVERT EL. 39.38 (N)DOUBLE 12" PVC INVERT EL. 39.32 (S)INVERT EL. 39.30 (N)DOUBLE 12" PVC STA. 0+40.0, 19.6' L STA. 0+47.9, 20.4' LPOINT SP-03 STA. 0+60.0, 21.5' LPOINT SP-04 STA. 0+69.7, 22.4' LPOINT SP-05 STA. 0+87.5, 22.4' LPOINT SP-06 STA. 1+7.0, 22.8' LPOINT SP-07 STA. 1+7.0, 23.5' LPOINT SP-08 STA. 1+16.2, 23.3' LPOINT SP-09 POINT NORTHING EASTING SP-01 1583459.0459 558594.0827 SP-02 1583463.5638 558577.8339 SP-03 1583472.8796 558579.8611 SP-04 1583484.6146 558582.9503 SP-05 1583494.0343 558585.4300 SP-06 1583514.9972 558596.9882 SP-09 1583540.9750 558633.8050 END POINT INFLECTION POINT INFLECTION POINT INFLECTION POINT INFLECTION POINT INFLECTION POINT END POINT NOTES DESCRIPTION CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE CONCRETE CAP CENTERLINE COORDINATE GEOMETRY FOR THE SHEET PILE AND CONCRETE CAP SP-07 1583530.7819 558609.2726INFLECTION POINT CONCRETE CAP CENTERLINE SP-08 INFLECTION POINT CONCRETE CAP CENTERLINE 1583539.0318 558619.54893031303030 31 (±120 LF) EL. 31.00 REMOVE ±10 LF ~ 30" RCP INSTALL ±7 LF ~ 30" RCP CONCRETE JACKET BASELINE "A" RUBBLERIPRAP CONCRETE PROJECT COMPLETED IN MAY 2024ALTERED BY A PREVIOUS SEDIMENT REMOVALTOPOGRAPHY IN THIS AREA HAS BEEN TOPOGRAPHY IN THIS AREA HAS BEENALTERED BY A PREVIOUS SEDIMENT REMOVALPROJECT COMPLETED IN MAY 2024 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 TOP EL. 38.75 (±115 SY) INGRESS AND EGRESSCONSTRUCTION SEWER (18")EXISTING SANITARY GUARDRAIL (±20 LF)REMOVE AND REPLACE POLLUTION ABATEMENT104 APPLICABLE FDOT SPECIFICATIONS EARTHWORK120 CONCRETE SIDEWALKS AND DRIVEWAYS522 FENCING550 PERFORMANCE TURF570 CONCRETE CURB520 ALUMINUM PIPE GUIDERAIL515 PIPE CULVERTS430 SHEET PILE455 CONCRETE STRUCTURES400 REVETMENT SYSTEMS530 GUARDRAIL536 PLAN NOTESSEE THE SITE POINT SP-01STA. 0+40.0, 2.7' LTOP EL. 31.003132333435363738SEE THE SHEET PILEWINGWALL TYPICAL SECTION GRADINGPROPOSED CONNECT TOEXISTING CHAINLINK FENCE (±100 TN) (±50 TN) (10' TOTAL WIDTH)FENCE DOUBLE GATE (±6 SY)SIDEWALKCONCRETE CAP (±14 CY) RUBBLE RIPRAP - EXISTING LEGEND RUBBLE RIPRAP - PROPOSED ASPHALT AND CONCRETE - EXISTING CONCRETE - PROPOSED FABRIC FORMED CONCRETE - EXISTING UTILITY - EXISTING RECLAIMED WATER UTILITY - EXISTING SANITARY SEWER UTILITY - EXISTING STORM PIPE UTILITY - EXISTING WATER MAIN SILT FENCE - PROPOSED TEMPORARY COFFERDAM - PROPOSED BEGIN PROJECT STA. 0+7.61 GEE CREEKEND PROJECT STA. 1+73.52 TYPICAL SECTIONS AND DETAILS6 GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE NOTES 1. PILE SECTION EMBEDDED IN CONCRETE SHALL BE COATED WITH COAL TAR-EPOXY. 2. PILE CAP SHALL BE CLASS IV CONCRETE. 3. EXPANSION JOINTS SHALL BE CONSTRUCTED @ 20'-0" CENTERS ALONG LENGTH OF CAP. 4. REFER TO FDOT STANDARD INDEX 521-600 FOR WALL COPING REINFORCEMENT DETAILS. CONCRETE CAP LEGEND 1 1" CHAMFER (TYPICAL) 2 #6 LONGITUDINAL BARS 3 #3 BAR STIRRUPS @ 9" O.C. *12" ±24" ±12"±12" 2" COVER (MIN.) 6" 21" EL. 37.00 EL. 37.50 EL. 38.75 SHEET PILE 21 15"3 SECTION NOT TO SCALE CONCRETE COLLARS AT PIPE PENETRATIONS PLAN ELEVATION REINFORCING STEEL DETAIL CONCRETE COLLAR WITH STEEL REINFORCEMENT SHEET PILE PIPE INSIDE DIAMETER PIPE OUTSIDE DIAMETER 3" MIN. OVERLAP3" MIN. OVERLAP CUT SHEET PILE 3" CLEAR OF OUTSIDE PIPE DIAMETER CUT SHEET PILE 3" CLEAR OF OUTSIDE PIPE DIAMETER 3" MIN. 3" MIN. PIPE OUTSIDE DIAMETER PIPE INSIDE DIAMETER 3" MIN. OVERLAP 3" MIN. OVERLAP CUT SHEET PILE 3" CLEAR OF OUTSIDE PIPE DIAMETER * * ** * * SHEET PILE CONCRETE COLLAR WITH STEEL REINFORCEMENT SHEET PILE PIPE OUTSIDE DIAMETER CUT SHEET PILE 3" CLEAR OF OUTSIDE PIPE DIAMETER NOT TO SCALE TYPICAL SECTION - SHEET PILE OPEN CHANNEL SHEET PILE NOTES 1. BECAUSE THE ORIGINAL DESIGN CONCEPT FOR THIS PROJECT WAS GABION BASKETS, SHEET PILE DESIGN PARAMETERS HAVE NOT BEEN DETERMINED BY THE GEOTECHNICAL ENGINEER AND A STRUCTURAL DESIGN HAS NOT BEEN PREPARED FOR THE SHEET PILE ALTERNATIVE. - MINIMUM WALL TIP ELEVATION = TBD (SEE BELOW) - MINIMUM REQUIRED MOMENT OF INERTIA (IN 4/FT) = TBD (SEE BELOW) - MINIMUM SECTION MODULUS (IN 3/FT) = TBD (SEE BELOW) 2.THE CONTRACTOR SHALL SUBMIT A SHEET PILE STRUCTURAL DESIGN, SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER, BASED ON DESIGN PARAMETERS RECOMMENDED BY A GEOTECHNICAL ENGINEER. THE SHEET PILE STRUCTURAL DESIGN SHALL BE TRANSMITTED TO THE OWNER AND ENGINEER FOR REVIEW AND APPROVAL IN THE FORM OF A SHOP DRAWING SUBMITTAL. 3. THE CONTRACTOR SHALL ANTICIPATE THAT VERY DENSE SOILS AND/OR OTHER STRONG MATERIALS MAY BE ENCOUNTERED AND THAT SPECIAL EQUIPMENT AND/OR PROCEDURES. PRE-DRILLING AND PRE-FORMING PILE HOLES SHALL BE MADE SUCH THAT DENSE LAYERS ARE PENETRATED AND LOOSENED BUT SOIL IS NOT EXTRACTED AND AN OPEN EXCAVATION IS NOT CREATED). THE CONTRACTOR SHALL SUBMIT IN WRITING THE PROPOSED PRE-DRILLING AND PRE-FORMING METHODS AND EQUIPMENT TO THE ENGINEER FOR APPROVAL AT LEAST 30 DAYS PRIOR TO THE START OF SHEET PILE INSTALLATION. THE COST OF ANY PRE-DRILLING, PRE-FORMING, PUNCHING, ETC. SHALL BE INCLUDED IN THE COST OF THE SHEET PILE. 4. CONTRACTOR SHALL BE AWARE THAT INSTALLATION OF SHEETING MAY DAMAGE ADJACENT FACILITIES. CONTRACTOR WILL BE RESPONSIBLE FOR REPAIRING ANY DAMAGE AS DIRECTED BY THE ENGINEER AT NO ADDITIONAL COST TO THE OWNER. PROVIDE SURVEY AND VIBRATION MONITORING PROCEDURES IN ACCORDANCE WITH SECTION 455 OF THE FDOT STANDARD SPECIFICATIONS. 5. JETTING WILL NOT BE PERMITTED FOR SHEET PILE INSTALLATION. 6. INSTALLATION USING A "REACTION-BASED" HYDRAULIC PILE JACKING MACHINE, OR OTHER TYPE OF PRESS-IN MACHINE THAT ACHIEVES PILE-DRIVING WITHOUT VIBRATION OR NOISE, IS ACCEPTABLE. SHEET PILE SEE THE NOTES ON THIS SHEET CONCRETE CAP SEE THE DETAIL ON THIS SHEET EXISTING CHAIN LINK FENCE EXISTING GRADE SLOPE VARIES EXISTING CHANNEL TOP OF BANK ELEVATION VARIES MINIMUM TIP ELEVATION SEE THE NOTES ON THIS SHEET CONCRETE CAP TOP ELEVATION SEE THE DETAIL ON THIS SHEETEXISTING CONCRETE SIDEWALK WATER LEVEL VARIES RUBBLE RIPRAP SEE THE MISCELLANEOUS DETAILS PROPOSED CHANNEL BOTTOM EXCAVATION CHANNEL NOT TO SCALE CONCRETE CAP *ASSUMED DIMENSION - SEE THE SHEET PILE NOTES NOT TO SCALE TYPICAL SECTION - SHEET PILE WINGWALL EL. 38.75 (P)EL. 38.75 (P) EXISTING GRADE EL. 39 (E) SHEET PILE EL. 38.0 (E) EL. 37.0 (E) EL. 36.0 (E) EL. 34.0 (E) EL. 33.0 (E) EL. 32.0 (E) EL. 31.0 (E) EL. 31.0 (P) EL. 35.0 (E)(UPSTREAM SIDE) 16'-8" 18'-8" ±2.2: 1 SEE THE SITE PLAN THE CONCRETE CAP - PROPOSED GRADE ALONG PROPOSED GRADING ALUMINUM PIPE GUIDERAIL FDOT INDEX 515-070 2'-0" FDOT INDEX 515-070 ALUMINUM PIPE GUIDERAIL WHALER IF REQUIRED - SEE THE SHEET PILE NOTES WHALER IF REQUIRED - SEE THE SHEET PILE NOTES ON BOTH SIDES OF THE SHEET PILE REINFORCING STEEL IS REQUIRED TWO #4 BARS @ 3" TWO #4 BARS @ 3" TWO #4 BARS @ 3"TWO #4 BARS @ 3" 2" MIN. COVER (TYPICAL) CUT SHEET PILE 3" CLEAR OF OUTSIDE PIPE DIAMETER FOUR #4 BARS (DIAGONALS) EL. 40 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 29 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 0'10'20'30'-10'-20'40'50'-30'-40'-50' 0'10'20'30'-10'-20'40'50'-30'-40'-50' 0'10'20'30'-10'-20'40'50'-30'-40'-50'0'10'20'30'-10'-20'40'50'-30'-40'-50' 0'10'20'30'-10'-20'40'50'-30'-40'-50' 0 + 00 STA. 0 + 20 STA. EL. 38 EL. 39 0 + 40 STA. 0 + 60 STA. 0 + 80STA. EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 0'10'20'30'-10'-20'40'50'-30'-40'-50' 0 + 10 STA. EL. 38 EL. 39 EL. 40 EL. 40 EL. 40 EL. 40 EL. 40 CL CL CL CL CL CL CONCRETE SIDEWALK CHAIN LINK FENCE CONSTRUCTION BASELINE EXISTING GRADE EL 33.3CONCRETE SIDEWALK CONSTRUCTION BASELINE CHAIN LINK FENCE EXISTING GRADE EL 33.3CONCRETE SIDEWALK CONSTRUCTION BASELINE EXISTING GRADE EL 33.3CONCRETESIDEWALK CONSTRUCTION BASELINE EXISTING GRADE EL 33.3 CONSTRUCTION BASELINE CONCRETESIDEWALK EXISTING GRADE EL 33.3 CONCRETESIDEWALK CONSTRUCTION BASELINE EXISTING GRADE EL 33.3 EL. 28 EL ±30.6EL ±30.9EL ±31.3EL ±29.9EL ±29.4EL ±29.1 19.6' 21.5' 21.2' MATCHEXISTING MATCHEXISTING CHAIN LINK FENCE CHAIN LINK FENCE SHEET PILE SHEET PILE STRUCTURALDESIGN BY OTHERS MINIMUM TIP ELEVATION CONCRETE CAP SHEET PILE CONCRETE CAP SHEET PILE STRUCTURALDESIGN BY OTHERS MINIMUM TIP ELEVATION SHEET PILE STRUCTURALDESIGN BY OTHERS MINIMUM TIP ELEVATION SHEET PILE CONCRETE CAP MATCHEXISTINGREMOVE CHAIN LINK FENCE CHAIN LINK FENCEREMOVECHAIN LINK FENCE CHAIN LINK FENCEREMOVECHAIN LINK FENCE CHAIN LINK FENCEREMOVECHAIN LINK FENCE CONCRETEFABRIC FORMED REMOVECONCRETEFABRIC FORMED REMOVECONCRETEFABRIC FORMED REMOVECONCRETEFABRIC FORMED CONCRETE CAPTOP OF SLOPED GUIDERAILALUMINUM PIPE GUIDERAILALUMINUM PIPE GUIDERAILALUMINUM PIPE PROPOSED GRADE PROPOSED GRADE EXCAVATION - "CUT" LEGEND - EARTHWORK EMBANKMENT - "FILL" SEDIMENT REMOVALIN CONTRACT RUBBLE RIPRAP SEDIMENT REMOVALNOT IN CONTRACT SIDE OF SHEET PILEALONG DOWNSTREAMPROPOSED GRADE 4: 1 4: 1 RUBBLE RIPRAPIS NOT SHOWN IS NOT SHOWNRUBBLE RIPRAP IS NOT SHOWNRUBBLE RIPRAP CROSS SECTIONS7 SCALE 1" = 10' (HORIZONTAL), 1" = 2' (VERTICAL) GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 27 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 27 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 27 EL. 39 EL. 38 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 27 EL. 37 EL. 36 EL. 35 EL. 34 EL. 33 EL. 32 EL. 31 EL. 30 EL. 28 EL. 29 EL. 27 0'10'20'30'-10'-20'40'50'-30'-40' 1 + 10 STA. 0'10'20'30'-10'-20'40'50'-30'-40'-50'0'10'20'30'-10'-20'40'50'-30'-40' 0'10'20'30'-10'-20'40'50'-30'-40'-50'0'10'20'30'-10'-20'40'50'-30'-40' 0'10'20'30'-10'-20'40'50'-30'-40' 1 + 40 STA. 1 + 60STA. 2 + 00 STA. 1 + 80 STA. 2 + 10STA. 60' CL CL CL CL CL CL 60' 60' 60' EL. 38 CONSTRUCTION BASELINE EXISTING GRADE EL 33.3 EXISTING GRADE 8" WATER MAIN CON SPAN CULVERTSPAN = 24'-0"RISE = 6'-6" EL 33.3 INVERT EL 29.21 INVERT EL NOT SURVEYED CON SPAN CULVERTSPAN = 24'-0"RISE = 6'-6" CONSTRUCTION BASELINE EL 33.3 EXISTING GRADE CONSTRUCTION BASELINE TREE LINE EXISTING GRADE EL 33.3 EXISTING GRADE TREE LINE CONSTRUCTION BASELINE TREE LINE EL 33.3 CONSTRUCTION BASELINE EL. 39 TREE LINE TREE LINE EXISTING GRADE EL 33.3 CONSTRUCTION BASELINE EXCAVATION - "CUT" LEGEND - EARTHWORK EMBANKMENT - "FILL" SEDIMENT REMOVALIN CONTRACT RUBBLE RIPRAP SEDIMENT REMOVALNOT IN CONTRACT TO REMAIN30" RCP REMOVED BY OTHERSSEDIMENT ALREADY REMOVED BY OTHERSSEDIMENT ALREADY MATCHEXISTING REMOVED BY OTHERSSEDIMENT ALREADY REMOVED BY OTHERSSEDIMENT ALREADY 23.1' EL ±29.3 EL ±29.7 EL ±28.7 EL ±27.6 TREE LINE TURF MATPLASTIC CONCRETE CAP SHEET PILE MINIMUM TIP ELEVATIONSHEET PILE STRUCTURALDESIGN BY OTHERS CHAIN LINK FENCEREMOVE AND REPLACE REMOVECONCRETEFABRIC FORMED RUBBLE RIPRAP RUBBLE RIPRAP GUIDERAILALUMINUM PIPE 4: 1 PROPOSED GRADE CONCRETEJACKET INSTALL±7 LF ~ 30" RCP CONCRETE COLLAR REMOVE ±10 LF ~ 30" RCP EL ±31.0 PIPE INVERT EL. 31.01 PIPE INVERT EL. 31.00 IS NOT SHOWNRUBBLE RIPRAP CROSS SECTIONS8 SCALE 1" = 10' (HORIZONTAL), 1" = 2' (VERTICAL) GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE POLLUTION CONTROLS, WATER9 0'10' 312 SOUTH MOSS ROADPARCEL 03-21-30-502-0M00-0280"SWAY 2014-1 BORROWER, LLC" (15' WIDE)UTILITY EASEMENT AND STOCKPILE AREACONSTRUCTION STAGING PLAYGROUND TYPE III STAKED 314 SOUTH MOSS ROADPARCEL 03-21-30-502-0P00-0000"MOSS PARK" AND STOCKPILE AREACONSTRUCTION STAGING SILT FENCE (±205 LF)SOUTH MOSS ROAD525 SEASONS COURT PARCEL 03-21-30-519-0A00-0000"SEASONS OF MT GREENWOOD HOMEOWNERS ASSN INC"GEE CREEKGEE CREEK ENTRANCE (SOIL TRACKINGGRAVEL CONSTRUCTION PREVENTION DEVICE)±15'±15' PROTECTION INLET CONSTRUCTION ENTRANCESOUTH OF THE GRAVELAPPROXIMATELY 70-FEETINLETS ARE LOCATEDTHESE EXISTING CURB INGRESS AND EGRESSCONSTRUCTION OUTFALLS TO GEE C R E E K "DRAINAGE EASEMENT"PLAT BOOK 50, PAGES 24-27 VACANTPARCEL 26-20-30-5AR-0D00-0910"SALA, INC" PP DOWN GUY SEE THE WATER BYPASSING CULVERTCON SPAN 24' x 6'-6" CULVERTCON SPAN 24' x 6'-6"BYPASSING AND WETLAND IMPACTSAND DIVERSION NOTESSEE THE WATER BYPASSING AND DIVERSION NOTES 1. THE CONTRACTOR SHALL CONSTRUCT THE EROSION CONTROL COUNTERMEASURES ESSENTIALLY "IN-THE-DRY" USING TEMPORARY CHECK DAMS AND OTHER SYSTEMS TO EFFECTIVELY DIVERT UPSTREAM FLOWS AROUND THE WORK AREA. 2. THE CONTRACTOR'S MEANS AND METHODS FOR DIVERTING UPSTREAM FLOWS SHALL BE DESCRIBED IN A "CREEK CONTROL PLAN" (GC PLAN) WHICH SHALL BE SUBMITTED TO THE OWNER AND ENGINEER FOR REVIEW AND APPROVAL AT LEAST 14 DAYS PRIOR TO MOBILIZATION. 3. PRIMARY AND BACKUP (REDUNDANT) WATER BYPASSING SHOWN IN THE APPROVED GC PLAN SHALL BE ADEQUATE FOR THE NORMAL FLOWS ANTICIPATED AND AGREED UPON WITH THE OWNER AND ENGINEER FOR THE ENTIRE DURATION OF CONSTRUCTION. IN THE EVENT OF AN UNPLANNED STORM EVENT WHICH EXCEEDS THE CAPACITY OF THE WATER BYPASSING SYSTEM, THE CONTRACTOR SHALL TAKE ADEQUATE PRECAUTIONS FOR SAFEGUARDING THE WORK AREA, INCLUDING THE TIMELY REMOVAL OF PEOPLE, MATERIAL, AND EQUIPMENT. WATER BYPASSING AND DIVERSION NOTES PROTECTION INLET CONSTRUCTION ENTRANCENORTH OF THE GRAVEL INLETS ARE LOCATEDTHESE EXISTING CURB APPROXIMATELY 180-FEET THIS PLAN SHEET WAS CREATED USING COLORS TO EMPHASIZE CERTAIN THINGS, ALL OF WHICH WILL DISPLAY AS "AS SHADES OF GRAY" OR "SOLID BLACK" WHEN PLOTTED ON A MONOCHROME PRINTER. ROUTINE MAINTENANCE OF POLLUTION CONTROLS DURING CONSTRUCTION 1. EROSION, SEDIMENT AND TURBIDITY CONTROL SHALL BE MAINTAINED AT ALL TIMES DURING CONSTRUCTION OF THE PROJECT AND SHALL BE REMOVED BY THE CONTRACTOR AFTER FINAL ACCEPTANCE OF THE PROJECT BY THE OWNER. THESE CONTROL MEASURES ARE ONLY THE MINIMUM REQUIRED AND ADDITIONAL CONTROLS SHALL BE UTILIZED AS NEEDED, DEPENDENT UPON ACTUAL SITE CONDITIONS AND CONSTRUCTION OPERATIONS. 2. ALL DISTURBED AREAS WILL BE BROUGHT TO FINAL GRADE, SEEDED AND MULCHED OR SODDED AS SOON AS POSSIBLE. 3. AREAS WHICH MAY ERODE DUE TO SLOPES OR CONCENTRATED RUNOFF DURING CONSTRUCTION WILL BE PROTECTED WITH SILT FENCE OR OTHER ALTERNATIVE METHODS. 4. SILT FENCE INSPECTION AND MAINTENANCE REQUIREMENTS. ·INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT AND REMOVE SEDIMENT WHEN NECESSARY. ·REMOVED SEDIMENT SHALL BE DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED. ·SILT FENCE SHALL BE PLACED ON SLOPE CONTOURS TO MAXIMIZE PONDING EFFICIENCY. TYPE III STAKED TYPE III STAKEDSILT FENCE (±40 LF) (15' WIDE)UTILITY EASEMENT MEANANNUAL 10-YEAR,24-HOUR 25-YEAR,24-HOUR 100-YEAR,24-HOUR - - 38.6 38.9 39.5 PEAK STAGE (FT, NAVD) MEANANNUAL 10-YEAR,24-HOUR 25-YEAR,24-HOUR 100-YEAR,24-HOUR - - 6,096 6,641 10,694 PEAK FLOW (CFS) PREDICTIONS FOR GEE CREEK GEE CREEK BASIN ENGINEERING STUDY AND DRAINAGE INVENTORY SINGHOFEN & ASSOCIATES, INC. DECEMBER 1996 BRIDGE 775715PP PP SEE THE WATER BYPASSING±15'±15' PREVENTION DEVICE)ENTRANCE (SOIL TRACKINGGRAVEL CONSTRUCTION AND DIVERSION NOTES TYPE III STAKEDSILT FENCE (±40 LF) SILT FENCE (±145 LF) PROJECT COMPLETED IN MAY 2024ALTERED BY A PREVIOUS SEDIMENT REMOVALTOPOGRAPHY IN THIS AREA HAS BEEN TOPOGRAPHY IN THIS AREA HAS BEENALTERED BY A PREVIOUS SEDIMENT REMOVALPROJECT COMPLETED IN MAY 2024 AND DIVERSIONFOR WATER BYPASSINGINGRESS AND EGRESS PROJECT AREA, WETLAND AND OTHER SURFACE WATER IMPACTS GEE CREEK - WEST OF SOUTH MOSS ROAD WETLAND IMPACTS - PERMANENT GEE CREEK - EAST OF SOUTH MOSS ROAD AREA = 346 SF AREA = 0 SF 346 SF TOTAL OTHER SURFACE WATER IMPACTS - PERMANENT GEE CREEK - WEST OF SOUTH MOSS ROAD GEE CREEK - EAST OF SOUTH MOSS ROAD N/A N/A N/A GEE CREEK - WEST OF SOUTH MOSS ROAD PROJECT AREA GEE CREEK - EAST OF SOUTH MOSS ROAD AREA = 0.26 AC AREA = 0.08 AC 0.34 AC TOTAL GEE CREEK - WEST OF SOUTH MOSS ROAD WETLAND IMPACTS - TEMPORARY GEE CREEK - EAST OF SOUTH MOSS ROAD AREA = 1,089 SF AREA = 1,623 SF 2,712 SF TOTAL OTHER SURFACE WATER IMPACTS - TEMPORARY GEE CREEK - WEST OF SOUTH MOSS ROAD GEE CREEK - EAST OF SOUTH MOSS ROAD N/A N/A N/A 1. WETLAND IMPACTS ARE BASED ON THE TOP OF BANK FOR GEE CREEK AS SHOWN ON THE TOPOGRAPHIC SURVEY. 2. GEE CREEK TOP OF BANK =>> NOTES SILT FENCE GRAVEL CONSTRUCTION ENTRANCE TOTAL DEPTH HEIGHT ABOVE WATER (24" MAX.) TOP EL. BOTTOM EL. TOP EL. BOTTOM EL. FRONT VIEW PROFILE VIEW PROTECTED AREACONSTRUCTION AREA EXISTING GROUND EROSION / SILT FLOW 6" 2 1 4" MIN. EMBEDMENT DEPTH 1 2 FILTER FABRIC FILTER FABRIC (FDOT INDEX NO. 199) FLOC LOGS FLOATING TURBIDITY BARRIER TEMPORARY ROCK CHECK DAM 6" MINIMUM SEE P L A N SEEPLANFDOT #1 COARSE AGGREGATE(2- TO 3-INCH DIAMETER STONE)HARD SURFACEPUBLIC ROAD SOIL TRACKING PREVENTION DEVICE SIDEWALK SOCK COVEREDPERFORATED PIPE CONC. CURBAND GUTTER SANDBAGS SIDEWALK SANDBAGS NOTES: 1. PLACE CURB TYPE SEDIMENT BARRIERS ON GENTLY SLOPING STREET SEGMENT, WHERE WATER CAN POND AND ALLOW SEDIMENT TO SEPARATE FROM RUNOFF. 2. SANDBAGS OF EITHER BURLAP OR WOVEN GEOTEXTILE FABRIC ARE FILLED WITH GRAVEL LAYERED AND PACKED TIGHTLY. 3. LEAVE A ONE SANDBAG GAP IN THE TOP ROW TO PROVIDE A SPILLWAY FOR OVERFLOW. 4. INSPECT BARRIERS AND REMOVED SEDIMENT AFTER EACH STORM EVENT SEDIMENT AND GRAVEL MUST BE REMOVED FROM THE TRAVELED WAY IMMEDIATELY. 5. AT THE END OF EACH WORKDAY, SWEEP OR SCRAPE UP SOIL TRACKED ONTO THE STREET. CURB INLET OR DITCH BOTTOM INLET(CURB INLET SHOWN FOR GRAPHICAL PURPOSES ONLY) WRAP AND ENCAPSULATE INLETGRATE WITH FILTER FABRIC SYNTHETIC HAY BALESOR SILT FENCE INLET PROTECTION NOTES: 1. ROCK MATERIAL SHALL BE FDOT AGGREGATE #1 (2- TO 3-INCH DIAMETER) STONE. 2. FILTER FABRIC SHALL BE INSTALLED PRIOR TO PLACEMENT OF ROCK TO PREVENT OVER-EXCAVATION DURING ROCK REMOVAL. 3. FLOC LOGS WILL BE USED IN THE EVENT THAT BYPASS PUMPING IS REQUIRED DURING CONSTRUCTION, OR AS DIRECTED BY THE OWNER OR ENGINEER, TO MINIMIZE TURBIDITY DISCHARGED DOWNSTREAM (PROTECTED AREAS). FLOC LOGS TO BE SUPPLIED BY APPLIED POLYMER SYSTEMS, INC. OR APPROVED EQUIVALENT. 4. EROSION CAUSED BY FLOWS AROUND THE EDGES OF THE DAM SHALL BE CORRECTED IMMEDIATELY. 5. THE CONTRACTOR WILL BE REQUIRED TO REMOVE SEDIMENTS UPSTREAM OF THE DAM WHEN: - THE ACCUMULATED SEDIMENT HAS REACHED ONE-HALF THE ORIGINAL HEIGHT OF THE DAM; OR - AT THE DIRECTION OF THE OWNER OR ENGINEER. 6. AT THE END OF CONSTRUCTION, THE CONTRACTOR WILL BE REQUIRED TO REMOVE THE ROCK CHECK DAM, ANY ACCUMULATED SEDIMENTS AND ROCK MATERIAL BOTH UPSTREAM AND DOWNSTREAM OF THE DAM.POLLUTION CONTROL DETAILS10 GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE POLLUTION CONTROLS NOTES 1. THESE DETAILS ARE NOT INTENDED TO PROVIDE A SPECIFIC CONFIGURATION FOR INSTALLATION OF EROSION CONTROL COUNTERMEASURES, BUT RATHER TO EMPHASIZE THE REQUIRED TOE IN AND PLACEMENT OF FILTER FABRIC UNDERLAYMENTS. 2. GRADATION SHALL COMPLY WITH THE FDOT STANDARD SPECIFICATIONS FOR "DITCH LINING" OR AS APPROVED BY THE ENGINEER. 3. BROKEN CONCRETE WITH STEEL REINFORCEMENT AND WELDED WIRE MESH REMOVED MAY BE ACCEPTABLE IF APPROVED BY THE OWNER AND/OR ENGINEER PRIOR TO PLACEMENT. 4. BEDDING STONE WRAPPED IN FILTER FABRIC PER FDOT SPECIFICATION SECTION 530. RUBBLE RIPRAP RUBBLE RIPRAP NOT TO SCALE MISCELLANEOUS DETAILS11 GREGORY A. TEAGUE, P.E. REGISTRATION No. 47663 SIGNED AND SEALEDNOT A FINAL PLAN UNLESS DATE: State of Florida Board of Professional Engineers 301 West SR 434, Suite 309 Winter Springs, Florida 32708 APPROVED BY: DRAWN BY: DATE: DESIGNED BY: JOB No.: Fax: 407-358-5155 Certificate of Authorization No. 27770 Office: 407-992-9160 WSC-22015 GAT DWH NOVEMBER 2024 DATEREV.DESCRIPTIONPegasus Engineering, LLC SHEET OF 11EROSION CONTROL COUNTERMEASURESWITHIN GEE CREEK AT MOSS PARK11 / 13 / 202401NRCS REVIEW COMMENTS DATED 11 / 01 / 2024CAD November 13, 2024WINTER SPRINGS, FLORIDA100% PLANS SHEET PILE ALTERNATIVE CHANNEL BOTTOM BEDDING STONE UNDERLAYMENTFILTER FABRIC 24" MIN.SHEET PILE4'-0" (MIN.)3'-0" (MIN.) 4: 1 PROPOSED SHEET PILE CHANNEL BOTTOM EXISTING GRADE RUBBLE RIPRAP UNDERLAYMENTFILTER FABRIC BEDDING STONE SLOPE VARIES 24" MIN. EXISTING CHANNEL BANK 1'-0" (MIN.)NOTES: 1. BEDDING MATERIAL SHALL CONSIST OF IN-SITU GRANULAR MATERIAL OR WASHED AND GRADED LIMEROCK 3/8" - 7/8" SIZING. UNSUITABLE IN-SITU MATERIALS SUCH AS MUCK, DEBRIS AND LARGER ROCKS SHALL BE REMOVED. 2. THE PIPE SHALL BE PLACED IN A DRY TRENCH, AND FULLY SUPPORTED FOR ITS ENTIRE LENGTH WITH APPROPRIATE COMPACTION UNDER THE PIPE HAUNCHES. 3. BACKFILL SHALL BE FREE OF UNSUITABLE MATERIAL SUCH AS LARGER ROCK, MUCK AND DEBRIS. 4. DENSITY TESTING IS REQUIRED IN ACCORDANCE WITH FDOT'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION AND/OR ANY SPECIAL PROVISIONS, SUPPLEMENTAL SPECIFICATIONS AND SPECIAL BID ITEMS (SBIs) FOR THIS PROJECT. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE TRENCH SAFETY LAWS AND REGULATIONS. 6. THE AFFECTED AREA SHALL BE RESTORED TO EQUAL OR BETTER CONDITION OR AS SPECIFIED IN PERMIT / CONTRACT DOCUMENTS. VARIES 12" MIN. UNDISTURBED EARTH EXISTING GROUNDTRENCH WIDTHSHEETING AS REQUIRED SHEETED TRENCH EXCAVATED TRENCH PIPE DIA. VARIES 4" MIN. BEDDING MATERIAL PLACED AND COMPACTED GRANULAR BACKFILL PLACED AND COMPACTED REMAINING BACKFILL, BASE AND SURFACE MATERIAL TO BE PLACED AND COMPACTED NOT TO SCALE STORM PIPE BEDDING, TRENCHING AND SHEETING DETAIL * *PLACED AND COMPACTED IN ACCORDANCE WITH FDOT'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION * *24" MIN.PIPE O.D. 12" MAX. THIS DETAIL APPLIES TO RCP NOTES: 1. CONCRETE TO BE 4" THICK, 3,000 PSI CONCRETE, REINFORCED WITH FIBERMESH. 2. SIDEWALK CONSTRUCTION SHALL COMPLY WITH FDOT STANDARD PLANS INDEX NO. 522-1. 3. CONCRETE SURFACE TO HAVE LIGHT BROOM FINISH. CONCRETE SIDEWALK NOT TO SCALE #9 TIE WIRES (12" ON CENTER) TENSION WIRE LINE POST 36"6" 12" NOTES 1. CHAIN LINK FENCE SHALL COMPLY WITH THE LATEST EDITION OF THE FDOT STANDARD PLANS FOR ROAD CONSTRUCTION, INDEX 550-002. 2. PROVIDE 6-FOOT HIGH BLACK VINYL-COATED COMMERCIAL GRADE CHAIN LINK FENCE (FDOT TYPE B-IV) WHERE INDICATED ON THE DRAWINGS. 3. TRUSS BARS ARE REQUIRED FOR EACH GATE SECTION AND THE FIRST SPAN ON EACH SIDE OF A CORNER POST ONLY. CONCRETE TOP RAIL#9 GALVANIZED CLIPS(24" MAX. SPACING)POST CAP CORNER POST PROPOSED GRADE6'-0"10'-0" CENTER TO CENTER (MAX.) STRETCHER BAR CHAIN LINK (SEE NOTES) TURNBUCKLE 3/8" ROUND TRUSS BARS(SEE NOTES)2" 3" GATE POSTSCH. 40 (TYPICAL)GATE CORNER CONCRETE 36"6" 12" PROPOSED GRADE 12" x 12" x 12" CENTER STOP 1 5/8" GATE FRAMESCH. 40 (TYPICAL)1 5/8" GATE FRAMESCH. 40 (TYPICAL) 3" GATE POSTSCH. 40 (TYPICAL)GATE CORNER TURNBUCKLESTURNBUCKLES NOTES 1. TRUSS BARS ARE REQUIRED FOR EACH GATE SECTION AND THE FIRST SPAN ON EACH SIDE OF A CORNER POST ONLY. 2. FENCING AND POSTS SHALL BE BLACK, VINYL CLAD. 3/8" ROUND TRUSS BARS(SEE NOTES)3/8" ROUND TRUSS BARS(SEE NOTES) PROPOSED GRADE BOX OUT(TYPICAL)BOX OUT(TYPICAL) 5'-0" GATE OPENING 5'-0" GATE OPENING DOUBLE SWING GATE DETAIL NOT TO SCALE CHAIN LINK FENCE NOT TO SCALE MATCH EXISTING (5'-0" MIN.) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park EXHIBIT 2 Project Specifications SPECIFICATIONS EROSION CONTROL COUNTERMEASURES WITHIN GEE CREEK AT MOSS PARK CITY OF WINTER SPRINGS, FLORIDA Natural Resources Conservation Service Emergency Watershed Protection Program (EWP) Special Provisions, Supplemental Specifications, and Special Bid Items (SBIs) Prepared For: City of Winter Springs Public Works Department 400 Old Sanford Oviedo Road | Winter Springs, FL 32708 | 407-327-1800 Prepared By: Pegasus Engineering 301 West SR 434, Suite 309 | Winter Springs, Florida 32708 | 407-992-9160 Gregory A. Teague, P.E., CFM Florida Registration No. 47663 This item has been electronically signed and sealed by Gregory A. Teague, P.E. on November 13, 2024 using a digital signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. << Page numbers correspond to the assembled PDF >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) TOC-1 PART 1A: SPECIAL PROVISIONS SP-01 Standard Specifications .......................................................................................................................... 6 SP-02 Order of Preference for the Contract Documents .................................................................................. 6 SP-03 Measurement and Payment ................................................................................................................... 7 SP-04 Pay Items ............................................................................................................................................... 9 SP-05 Description of Work ................................................................................................................................ 9 SP-06 Contract Bonds ....................................................................................................................................... 9 SP-07 Construction Procedure .......................................................................................................................... 9 SP-08 Layout of Work and Surveys ................................................................................................................. 10 SP-09 Testing .................................................................................................................................................. 10 SP-10 Time of Completion .............................................................................................................................. 11 SP-11 Utilities .................................................................................................................................................. 11 SP-12 Endangered, Threatened or Listed Species .......................................................................................... 11 SP-13 Mailbox Relocation or Replacement .................................................................................................... 11 SP-14 Barricades, Warnings and Detour Signs ............................................................................................... 12 SP-15 Beginning and Ending Pavement Joints ................................................................................................ 12 SP-16 Pavement Markings .............................................................................................................................. 12 SP-17 Existing Irrigation Systems .................................................................................................................... 12 SP-18 Backfilling and Compacting .................................................................................................................. 12 SP-19 Restoration .......................................................................................................................................... 13 SP-20 Work Hour Restrictions ........................................................................................................................ 13 SP-21 Pre-construction Video and Photographs ........................................................................................... 13 SP-22 Permits ................................................................................................................................................. 16 SP-23 As-built Surveys and Record Drawings ................................................................................................ 16 SP-24 CCTV Inspections of Installed Storm Pipes .......................................................................................... 17 SP-25 Dewatering, Flow Diversion and Temporary Shoring ........................................................................... 20 << Page numbers correspond to the assembled PDF >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) TOC-2 PART 1B: SUPPLEMENTAL SPECIFICATIONS 101 Mobilization .......................................................................................................................................... 25 102 Maintenance of Traffic ......................................................................................................................... 26 104 Prevention, Control and Abatement of Erosion and Water Pollution .................................................. 28 110 Clearing and Grubbing .......................................................................................................................... 30 120 Excavation and Embankment ............................................................................................................... 32 400 Concrete Structures .............................................................................................................................. 34 430 Pipe Culverts ......................................................................................................................................... 34 455 Structures Foundations ........................................................................................................................ 34 515 Metal Pedestrian / Bicycle Railings, Guiderails, and Handrails ........................................................... 35 522 Concrete Sidewalk and Driveways ........................................................................................................ 36 530 Revetment Systems .............................................................................................................................. 37 538 Resetting Guardrail ............................................................................................................................... 38 550 Fencing .................................................................................................................................................. 38 570 Performance Turf .................................................................................................................................. 38 PART 1C: SPECIAL BID ITEMS (SBIS) SBI No. 1 Utility Coordination, Locates and Conflict Identification ..................................................................... 41 PART 2: ADDITIONAL TECHNICAL INFORMATION 1 Geotechnical Engineering Investigation .............................................................................................. 43 (Prepared by Geotechnical and Environmental Consultants, Inc.) 2 Earthwork Computations ................................................................................................................... 103 << Page numbers correspond to the assembled PDF >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) TOC-3 PART 3: APPROVED PERMITS 1 St. Johns River Water Management District (SJRWMD) Emergency Field Authorization (EFA) ........................................................................................................... 106 << End of Table of Contents >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 1A SPECIAL PROVISIONS SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-1 SPECIAL PROVISIONS These Special Provisions modify, clarify, delete, or supplement the General Conditions of the Contract. Strikeout text has been used to identify any information that is not applicable to the current Contract. SP-01 ................................................................................................................................... Standard Specifications All work of this Contract shall conform to the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction (latest edition), except as modified and supplemented hereinafter. The Contractor shall have a copy of the FDOT Standard Specifications for Road and Bridge Construction onsite at all times throughout the duration of the project.  Contradictions, inconsistencies or ambiguities that may arise between the General Conditions, the Special Provisions, the FDOT Standard Specifications, any Supplemental Specifications, any Utility Specifications, and any Special Bid Items (SBIs) shall always be interpreted in favor of the Owner. In terms of technical requirements, the most stringent criteria shall govern.  Where the referenced FDOT Specifications cite “the Department” or “Director”, this shall be modified to “the Owner and/or the Owner’s representative” by this Contract. All references to “Secretary”, “Holiday”, “Working Days”, and “Value Engineering Incentive” are hereby deleted.  Payment for this project is in accordance with the Contract. The FDOT sections defining the Basis of Payment shall not apply. The units of measurement and the unit prices are those indicated on the bid schedule (bid form). Such prices and payments shall be full compensation for performing all work necessary to complete the entire project.  Additional requirements supplementing and/or superseding the applicable portions of the FDOT Standard Specifications, if any, are provided in the subsequent sections that follow these Special Provisions.  Two (2) original certified reports shall be submitted for all material testing requirements as referenced in the FDOT Standard Specifications.  Verification testing noted in the FDOT Standard Specifications is at the option of the Owner. The Contractor shall provide the required testing and submit the required number of reports to the Engineer and Owner. SP-02 ............................................................................................ Order of Preference for the Contract Documents Order of preference for the Contract Documents is provided below in order of highest to lowest priority. A. Addenda B. Special Provisions C. Construction Drawings D. Instructions to Bidders E. General Conditions of the Construction Contract F. Special Bid Items (SBIs) G. Utility Specifications H. Supplemental Specifications I. Standard Specifications SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-2 SP-03 ............................................................................................................................ Measurement and Payment Measurement and Payment for all bid items will be as measured in-place upon acceptance of the Work by the Owner or Engineer. Payment for all unit price items will be made for the actual quantities placed and measured. A. Unit Price Contracts 1. The quantities of work to be done and materials to be furnished under a unit price contract, as given in the bid schedule (bid form), are to be considered as approximate only and are to be used solely for the comparison of bids received and determining an initial contract price. The Owner does not expressly, or by implication, represent that the actual quantities involved will correspond exactly therewith; nor shall the Contractor plead misunderstanding or deception because of such estimate or quantities or of the character, location or other conditions pertaining to the Work. Payment to the Contractor will be made only for the actual quantities of work performed or material furnished in accordance with the Drawings and other Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit prices bid. B. Lump Sum Contracts 1. The quantities of work to be done and materials to be furnished, including all labor, equipment and incidentals required to complete the work, are specified in the Contract Documents. Payment to the Contractor of the lump sum price bid for the work will be made and shall fully compensate the Contractor for the construction of the work, completed and ready for continuous operation and use, in the manner contemplated by the Contract Documents. C. Unit Price and Lump Sum Contracts 1. All schedules are given for the convenience of the Engineer and the Contractor and are not guaranteed to be complete. The Contractor shall assume all responsibility for estimating the size, kind, and quantity of materials and equipment included in work to be done under this Contract. 2. Where utility fittings are noted on the Drawings, such notation is for the Contractor's convenience and does not relieve him from laying and jointing different or additional items where required. 3. All Contracts shall be subject to retainage as defined in the General Conditions and the Agreement. D. Methods of Payment 1. Unit Price Contracts/Items: Payment will be made for actual quantities of work properly installed as approved by the Owner or Engineer unless otherwise indicated herein. 2. Lump Sum Contracts/Items: Payment will be made for each individual item on a percentage complete basis as estimated by the Contractor and approved by the Owner or Engineer. Quantities provided in the Contractor’s Schedule of Values are for the purpose of estimating the completion status for progress payments. Adjustments to costs provided in the accepted Schedule of Values may be made only by Change Order. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-3 E. Methods of Measurement 1. Units of measurement shall be defined in general terms as follows. a. Linear Feet (LF) f. Each (EA) k. Each Day (ED) b. Square Feet (SF) g. Sacks (SK) c. Square Yards (SY) h. Lump Sum (LS) d. Cubic Feet (CF) i. Ton (TN) e. Cubic Yards (CY) j. Allowance (AL) 2. Unit Price Contracts/Items a. Linear Feet (LF) shall be measured along the horizontal length of the centerline of the installed material, unless otherwise specified. Utility pipe shall be measured along the length of the completed pipeline, regardless of the type of joint required, without deduction for the length of valves or fittings. Utility pipe included within the limits of lump sum items will not be measured. b. Square Feet (SF), Square Yards (SY), Cubic Feet (CF), Cubic Yards (CY), Each (EA), Sacks (SK) and Ton (TN) shall be measured as the amount of the unit of measure installed within the limits specified and shown in the Specifications and Drawings. Slope angles and elevations shall be measured using land surveying equipment. The Contractor shall provide supporting documentation (i.e. drawings, truck tickets, invoices, etc.) to verify actual installed quantities. c. No measurement is required for Lump Sum (LS) items. 3. Lump Sum Contracts/Items a. The Measurement of Work for lump sum contracts and/or items shall be based on the information provided in the Contract Documents and compiled through the Contractor's own field verifications, investigations and testing prior to Bidding. F. No separate payment will be made for the following work, and its cost shall be included in the appropriate payment item. 1. Applications and pulling of all utility and construction permits. 2. Shop drawings, working drawings and samples. 3. Pre-construction video and photographs. 4. Survey and construction layout. 5. Permits. 6. Field engineering, including utility coordination, locates and conflict identification. 7. Dewatering, flow diversion and temporary shoring. 8. Trench excavation, sheeting, shoring and bracing. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-4 9. Structural fill, backfill, compaction and grading. 10. Restraining devices for utility pipe fittings and bends. 11. Cleanup. 12. Testing materials and apparatus. 13. Maintenance of utility service. 14. Appurtenant work. 15. CCTV inspection of installed storm pipes. 16. Close-out documentation, including as-built surveys, record drawings, etc. SP-04 ........................................................................................................................................................ Pay Items All work under this Contract shall be included in the pay items listed on the bid schedule (bid form). Any items for which a specific pay item is not included shall be included in the price of the item to which it pertains or is associated. Any items not shown or omitted that are required for a complete installation shall be furnished and installed by the Contractor at no additional cost to the Owner. SP-05 ........................................................................................................................................ Description of Work Work included in the Contract as bid items are shown on the bid schedule (bid form) and as shown on the Drawings. No direct payment will be made for any other work necessary to complete the planned work, but the cost therefore shall be included in the unit prices bid for pay items. All costs to perform the work called for in the Contract Documents are included in the unit prices and the Total Bid Amount in the Proposal submitted by the Contractor. Any commission or omission shown or implied shall not be cause for deviating from the intent of the Contract Documents. If any modification of the Contract Documents is deemed necessary by the Contractor, details of such modifications and the reasons therefore shall be submitted in writing to the Engineer for written approval prior to beginning such modified work. SP-06 ................................................................................................................................................ Contract Bonds The cost of the Contract Bonds shall be included in the Total Bid Amount. Compensation to the Contractor for providing the required Contract Bonds shall be included in Pay Item 101-1b, Bonds and Insurance. SP-07 ................................................................................................................................... Construction Procedure The Contractor shall at all times conduct the work in such manner and in such sequence as will ensure the least practicable interference with traffic. The Contractor's vehicles and other equipment shall be operated in such manner that they will not be a hazard or hindrance to the traveling public. The Contractor shall not open up work to the prejudice of work already started, and the Engineer may require the Contractor to finish a section on which work is in progress before work is started on any additional section. The Contractor shall arrange the work and dispose of materials in accordance with the spirit of the Contract Documents and perform the work in proper sequence all as may be approved by the Engineer. The Contractor is responsible for maintaining proper drainage during SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-5 construction. Existing functioning gutters, pipes, and ditches shall not be obstructed and adjacent premises must be given access as far as practicable. Materials or equipment stored along the roadway shall be placed so as to cause no obstruction to the traveling public. SP-08 ............................................................................................................................ Layout of Work and Surveys The Engineer will furnish the Contractor with all necessary information relating to lines, grades and locations of the work. The Contractor shall furnish all labor, materials, equipment and services necessary to complete the survey, layout and project construction to the satisfaction of the Engineer.  The Contractor shall employ or retain the services of a Florida registered Professional Land Surveyor to satisfy the requirements related specifically to Layout of Work and Surveys.  The Contractor shall furnish all stakes and necessary labor and shall be responsible for the layout of the work and the establishing of all lines and grades.  All layout work may be checked and verified by the Engineer; and the Contractor shall furnish all such necessary materials, equipment, labor and assistance as the Engineer may require.  The work shall include providing all lines, grades, boundaries and required survey and/or layout necessary to construct and inspect the project.  All right-of-way and easement boundaries and centerline control points shall be established and maintained throughout the Contract period by the Contractor.  The Contractor shall be responsible to perform all layouts in acceptable standard methods and shall be thoroughly familiar with the plans, specifications and on-site field conditions to submit a lump sum bid that will include all means and methods necessary to satisfy the survey and layout requirements of this project.  All field books and calculations related to layout shall be available to the Engineer upon request, for a period of one (1) year after construction completion.  The Contractor is responsible for the safeguarding of survey references and any offset thereto which he might require in the process of his work. The damage, moving or loss of references caused by carelessness of the Contractor will be replaced at the Contractor's expense. SP-09 ............................................................................................................................................................ Testing The Contractor will employ an Owner approved laboratory for all testing required under this Contract, with all costs to be borne by the Contractor.  Sampling locations are to be approved by the Engineer prior to performing field testing.  In addition to standard testing protocols for compaction and density, the suitability of using excavated materials for embankment operations shall be determined in the field by a geotechnical soils engineer at the Contractor's expense. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-6 SP-10 ......................................................................................................................................... Time of Completion Time extensions for delays caused by the effects of inclement weather shall be governed by the General Conditions contained within the City of Winter Springs’s Construction Contract. SP-11 ........................................................................................................................................................... Utilities The Contractor shall coordinate various efforts to confirm the location of existing utilities and identify any potential conflicts prior to commencing construction, regardless of whether or not the Contract Documents include specific information for adjusting and relocating existing utilities that could be impacted by the Contractor's work efforts.  It shall be the Contractor's responsibility to notify all utility owners prior to commencing construction under this contract, giving sufficient notice to enable the utility owners to locate their facilities in the vicinity of any proposed construction including excavation or grading activities.  It shall be the sole responsibility of the Contractor to perform his work in such manner to protect the utilities from damage. The Contractor shall use all possible care in excavating on this project so as not to disturb any existing utilities whether shown on the plans or not shown on the plans.  Locations of existing utilities are approximate only and may not be complete. Any utilities disturbed or damaged by the Contractor through accident or carelessness shall be replaced by the Contractor at no cost to the Owner.  It shall be the Contractor's responsibility to coordinate his work activities with all utility owners involved in the relocation and/or adjustment of existing utilities that are in conflict with the proposed construction activities whether shown on the plans or not shown on the plans. SP-12 ...................................................................................................... Endangered, Threatened or Listed Species The Contractor is obligated to assure that its employees and agents notify the Owner immediately upon encountering any endangered, threatened, or listed species such as the gopher tortoise, scrub jay, or indigo snake. No such protected species or its nesting area shall be disturbed without complying with the procedures of the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. The Contractor shall hold the Owner harmless from any claims, damages, attorney’s fees, litigation expenses, costs and fines for the actions in violation of applicable procedures as may be performed by the Contractor, persons employed by the Contractor, or any persons acting as agent for the Contractor. SP-13 ................................................................................................................ Mailbox Relocation or Replacement Any mailbox removed or relocated by the Contractor shall, immediately following the completion of work requiring such removal or relocation, be properly restored to its original location by the Contractor, at no cost to the Owner or to the affected resident. Any mailbox damaged or destroyed by the Contractor’s operations shall be replaced immediately, IN KIND, by the Contractor at the Contractor’s sole expense. Mailboxes improperly re-set or not replaced within twenty-four (24) hours following the incident requiring re-setting or replacement shall be re-set or replaced by the Owner at a cost to the Contractor of Two Hundred Fifty Dollars ($250.00) per location. Re-setting or replacement shall meet the requirements of the United States Postal Service. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-7 SP-14 ........................................................................................................... Barricades, Warnings and Detour Signs The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient warning lights, danger signals and signs, provide a sufficient number of watchmen to direct the traffic, and take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs and lights. The Contractor shall erect and maintain acceptable warning and directional signs at all closures (partial or whole), intersections and at various points along the detour routes, directing the traffic around the closed portion or portions of the highway, so that any temporary detour route or routes shall be indicated clearly throughout the entire length. All barricades and obstructions shall be illuminated at night and all lights shall be kept burning from sunset until sunrise. All warning and directional signs shall be furnished by the Contractor unless otherwise stipulated. Compensation for all work related to Barricades, Warnings and Detour Signs is included in Pay Item 102- 1, Maintenance of Traffic. SP-15 ............................................................................................................ Beginning and Ending Pavement Joints Asphalt pavement restoration shall have beginning and ending joints that are properly constructed to prevent slipping, raveling and uneven surfaces. SP-16 ........................................................................................................................................ Pavement Markings Temporary pavement markings shall be installed immediately following the placement of any surfacing or other activity that obscures existing markings. The replacement of blue RPMs in the center of travel lanes adjacent to fire hydrants is to be considered part of the temporary markings. Any cost for the temporary pavement markings will be considered incidental to the cost of the total project. No additional payment shall be made. The Contractor shall take all necessary precautions to protect all pavement markings from damage beyond the actual limits of the work. Any markings that become damaged, physically or by loss of function, shall be replaced by the Contractor to the satisfaction of the Engineer and at no cost to the Owner. SP-17 ............................................................................................................................... Existing Irrigation Systems The Contractor shall repair or replace any element of any irrigation system that is damaged or disturbed as a result of the construction whether on public right of ways or private property. The Contractor shall coordinate with all property owners prior to commencing excavation to determine where irrigation is located and protect existing irrigation equipment whenever and wherever possible. Damaged or disturbed irrigation equipment shall be repaired and restored to functioning condition within three (3) days after it is damaged or disturbed. Replacement parts of irrigation equipment must be of the same type and manufacture as what was removed. Prior to Final Acceptance of the project by the Owner, the Contractor shall contact the property owner of any damaged or disturbed irrigation element that is encountered during construction and confirm with the property owner that the irrigation equipment has been restored to pre-construction conditions. Payment for irrigation repairs and replacement is incidental to the unit cost of any work being performed in the area where damage occurred. SP-18 ............................................................................................................................. Backfilling and Compacting The FDOT Standard Specifications require that compacted backfill be placed along, under and over stormwater management systems (pipes, inlets, manholes, outfall structures, etc.). The Contractor will perform periodic compaction testing to verify that the backfill is being placed according to the FDOT Standard Specifications and/or the geotechnical engineering recommendations as presented within the geotechnical engineering report that was SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-8 prepared specifically for this project (refer to Part 2: Additional Technical Information), whichever criteria is the most stringent. Results of these tests shall be provided to the Owner for review and acceptance. Backfilling and compaction associated with the construction of stormwater management systems (as defined herein) shall be included in the bid prices for the various items of work to which it is incidental. SP-19 ..................................................................................................................................................... Restoration The Contractor is responsible for restoring all disturbed areas inside or outside the limits of construction, including demolition activities or damage as a result of construction activities that are not specially accounted for by other bid items. The disturbed areas shall be returned to a condition equal to or better than the condition that existed prior to beginning construction. The Contractor shall restore all disturbed open space by backfilling, compacting, and re-grading to match surrounding ground elevations. In residential areas, the Contractor shall match existing sod and place the sod within thirty (30) days after improvements have been installed and land disturbing activities are complete. Sod shall be placed, fertilized and watered according to the Standard Specifications, and/or as directed by the Owner or Engineer. SP-20 ................................................................................................................................... Work Hour Restrictions The “standard” Contract Work Hours are to be 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding weekends and holidays. A written request shall be transmitted to the Owner for any modifications to the “standard” Contract Work Hours. SP-21 ........................................................................................................ Pre-construction Video and Photographs 1. General 1.1 Scope of Work Furnish all labor, materials, and equipment necessary to perform a color audio-video recording with relevant photographs of the project site as specified herein. The contractor shall furnish to the Owner two (2) original copies of a continuous color audio-video DVD recording of each project location (work area) for both pre- and post-construction conditions. The Owner reserves the right to reject the audio-video DVD because of poor quality, unintelligible audio, uncontrolled pan, zoom or other defects as determined by the Owner. Any video rejected by the Owner shall be done again at no additional cost to the Owner. The Contractor shall submit a sample DVD to the Owner for format and content approval prior to the start of any work. 1.2 Purpose of Work Video and photographic documentation will provide the basis for defining the project conditions that exist before construction commences and thus the restoration of surface features that are required after completion of the project. The Contractor shall be responsible for repairing any damage(s) or defect(s) not documented as the condition that existed prior to construction. In other words, if the area recorded / photographed is not clear with regard to existing defects, faults, cracks or other deficiencies, then the Owner’s determination shall be final and the Contractor will be obligated to repair the defect / deficiency at no additional cost to the Owner, or the Owner will repair such defect and the contract amount will be adjusted accordingly. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-9 2. Quality Assurance The video recording shall be performed by a qualified firm or individual knowledgeable in construction practices, implementation of established inspection procedures and video and photographic documentation for the purpose as defined herein. The minimum qualifications shall include:  Videographer shall be a firm or an individual of established reputation who has been regularly engaged as a professional photographer for not less than three (3) years.  The videographer must have had previous video experience for a minimum of ten (10) miles of pre- construction work.  Any apprentice videographer must be continuously supervised by an experienced videographer that meets or exceeds the above qualifications. 3. Execution Ten (10) days prior to construction commencement, equipment or material mobilization, the Contractor shall perform an audio-video survey of any project area that has the potential to be disturbed by the Contractor’s work activities or other operations. Areas disturbed by the Contractor may include, but are not limited to:  All existing features and improvements within the project area, including road right-of-ways and individual land parcels.  All existing features and improvements within temporary construction easements.  All existing features and improvements within permanent construction easements.  All existing features and improvements adjacent to any construction activities or other work operations.  All areas to be entered by vehicles or equipment, including both the construction areas and areas of ingress and egress.  Utility work areas.  Paved and unpaved areas which will be entered by vehicles or equipment.  Areas in close proximity to where earthwork operations will occur, including areas where vibratory rollers will be used for compaction.  Other areas that may be impacted by the work, including staging and stockpile areas and as directed by the Owner. The Contractor shall be solely responsible for the timely execution of the pre-construction audio-video survey, including proper vantage points and overall quality. The Contractor shall cooperate with the videographer’s work and provide reasonable auxiliary services as requested, including access, temporary lighting, etc. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-10 The submitted DVD will be reviewed and approved by the Owner within five (5) days after a satisfactory video is submitted. Should the DVD not provide adequate coverage to fully illustrate the existing condition of the work area or not be in compliance with these specifications, deficient project areas shall be re-done prior to commencing construction in those areas at no additional cost to the Owner. The video portion of the recording shall produce bright, sharp clear pictures with sufficient resolution, accurate colors and shall be free from distortion, shaking, tearing, rolls, or any other form of picture imperfection. The audio portion of the recording shall provide precise and concise explanatory notes by the camera operator with proper volume, clarity and freedom from distortion. Each audio-video recording shall be saved on appropriate DVD media viewable on standard DVD players or computer. Acceptable video formats include MP3, AVI, and MKV. To preclude the possibility of tampering or editing, the DVD shall display continuous information including:  Date and time of the recording. Date information must contain the month, day and year. Time information must contain hours, minutes and seconds, separated by colons.  Stations corresponding to the baseline information shown in the contract documents, or as directed by the Owner. Digital information shall appear at the bottom of the viewing screen and in no way interfere with the video portion of the recording. No editing or overlaying of information at a later date will be acceptable. At the start of each video recording segment, a verbal identification summary shall be recorded simultaneously with a wide- angle view (with appropriate panning, if necessary). The identification summary shall include the following:  Project name  Contract number  Contractor’s name  Date and time  General location, name of street, water body, etc.  Weather conditions (sunny, cloudy, temperature, etc.)  Direction of travel and viewing direction The recording shall include the coverage of all surface and other site features located within areas to be directly or indirectly affected by the Contractor’s work, extending to a minimum of 15 feet outside the actual right-of- way or limit of the Contractor’s disturbance (street, construction, etc.). The surface features recorded shall include, but not be limited to, roadways, driveways, sidewalks, curbs, culverts, headwalls, retaining walls, buildings, above-ground utilities, parks, lawns, landscaping, trees, tree canopies, shrubbery and fences. The area of coverage shall also include all unpaved areas and access routes where vehicles or equipment will pass. During video recording, the videographer shall provide narration explaining what is being shown. Of particular concern are any existing faults, fractures, defects and other existing deficiencies. Special commentary shall be given for any unusual conditions of buildings, sidewalks, curbing, foundations, trees, shrubbery, structures, equipment, pavement, etc. Audio descriptions shall be made simultaneously to support the video coverage. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-11  Streets shall be recorded for the full width of the right-of-way, or as specifically directed by the Owner. Front and/or side yard areas of residential homes, as well as the front elevation of each house, within or contiguous to the Contractor’s work area shall also be recorded. Houses and buildings shall be identified visually by house or building address in such manner that the progress of the taping and the proposed system may be located by reference to the houses and buildings. Video recordings may also include areas outside the limits of the Contractor’s work. This work, if required, will be as directed by the Owner.  A cumulative index correlating the various segments of video coverage to the corresponding DVDs shall be supplied to the Owner. This index shall identify each segment of video by location, road stations corresponding to the baseline shown in the contract documents (if applicable), video counter number, viewing side, point starting from, traveling direction, and ending point.  The rate of travel for video recording shall be determined by the number, size, and complexity of the surface and other site features to be documented. At no time shall the rate of travel exceed 60 feet per minute. Forward motion of the camera shall be halted when viewing objects or structures outside the limits of the street or easement being documented.  The videographer shall pan and zoom in and out at a reasonable rate so as to sufficiently control the clarity of the object being viewed and the video shall have the capability to transfer individual frames of video electronically into digital photographs and/or hard copy prints.  At no time will the Contractor be allowed to use any electrical circuits within a building on private properties.  All video recording shall be performed during regular business hours (8:00 a.m. to 5:00 p.m.), unless otherwise approved by the Owner. No video recording shall be performed during inclement weather (rain, fog, etc.), during periods when elongated shadows distort perception and tend to prevent clear resolution, or when more than 10% of the ground area is covered by standing water.  All DVDs will become the permanent property of the Owner. The Contractor shall also provide digital photographs of existing defects and other important conditions as identified by the pre-construction video. The digital photographs should be organized within specific folders that correspond to the different project locations, be renamed to further identify where the photograph was taken, or alternatively, an index can be used to correlate each filename to the location where the photograph was taken. SP-22 ........................................................................................................................................................... Permits The Contractor is responsible for ensuring that all required permits and licenses are obtained and in hand before commencing construction. For additional information, refer to the FDOT Standard Specifications (Section 7-2, Permits and Licenses). SP-23 ............................................................................................................. As-built Surveys and Record Drawings Furnish all labor, materials, equipment, and services necessary for developing record drawings to provide the Owner with factual information regarding all aspects of the work, both concealed and visible, to enable future location, identification and modification of the work without lengthy and expensive site measurement, investigation or examination. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-12 During the entire construction operation, the Contractor shall maintain records of all deviations from the Drawings and Specifications, and shall prepare original ”record” drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. Record drawings shall be superimposed over the engineering drawings using screened (design) and bold (as-built) line work for presentation clarity, shall be certified by a Florida registered Professional Land Surveyor (currently licensed), and are subject to review and approval by the Owner. The record drawings are to be original drawings based upon stationing and/or coordinate geometry as shown on the Drawings, and shall be of a neat and legible quality. The following minimum requirements apply to the record drawings.  Mark new information that is important to the Owner, but was not shown on the Contract Drawings or Shop Drawings. Note related change order numbers where appropriate.  Sidewalks: Provide elevations on both sides of sidewalk; edge of roadway pavement; and at all other proposed spot elevations and contour transitions as shown on the Drawings.  Right-of-Way Swale/Drainage: Provide spot elevations to show re-grading of slopes as shown on the drawings, inlet and pipe inverts, pipe slopes, type and sizes, grate elevations, rim elevations, ditch slopes and elevations.  Utilities, Pipes and Structures: Provide elevations for inverts, rim elevations, locations, pipe slopes, type of pipe and any other information required by the utility company, FDEP and/or the permits.  Drainage canals and ditches: Provide elevations along centerline of the channel and top of bank, with a spacing not to exceed 50 feet. Provide additional spot elevations as necessary to show re-grading of slopes as shown on the drawings.  Stormwater Ponds: Provide elevations to comply with the requirements of the St. Johns River Water Management District (SJRWMD). At a minimum, spot elevations and 1-foot contour information shall be provided to adequately describe the size, shape and side slope as constructed. The density of spot elevations shall be sufficient to manually interpolate the as constructed topographic contours, or alternatively for developing a digital terrain model (DTM) from which a surface can be used to auto-generate the as constructed topographic contours. A minimum of two (2) signed and sealed prints are required along with one (1) compact disc that contains the as- built information and record drawings in both PDF and Autocad formats. The Drawings will be provided to the Contractor in Autocad format for use in obtaining the as-built information and preparing the record drawings. Retainage will not be released to the Contractor until the Owner and the Engineer have approved and accepted the Contractor's as-built surveys and record drawings as described above. SP-24 ......................................................................................................... CCTV Inspection of Installed Storm Pipes 1. Definitions  NASSCO - National Association of Sewer Service Companies  PACP - Pipeline Assessment and Certification Program SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-13 2. Scope of Work The Contractor shall be responsible for completing a CCTV inspection of all newly installed storm pipe as specified within the project bid documents, including both the construction plan general notes sheet and/or the bid schedule (bid form) if a specific pay item has been provided. Unless specified otherwise, CCTV inspection of newly installed storm pipe will be limited to pipelines with inside dimensions of at least 12-inches or greater. If the Contractor does not have the qualified personnel and equipment to perform the CCTV inspection, a CCTV sub- contractor shall be hired at the Contractor’s sole expense and of the Contractors choosing. Although not a specific requirement for compliance, it is recommended that the CCTV inspection be performed by personnel who are trained and certified in the use of NASSCO’s Pipeline Assessment and Certification Program (PACP). 3. Execution 3.1 Storm sewer pipes, including catch basin leads and catch basin structures, shall be cleaned and flushed prior to video inspection. 3.2 After cleaning, the manhole sections shall be visually inspected by means of closed-circuit television. The inspection will be done one manhole section at a time and the flow in the section being inspected will be suitably controlled. For the purposes of complying with these requirements, flow depth within the pipeline during the CCTV inspection should not obscure examination of the pipe joint at the invert. 3.3 All CCTV inspections shall be performed in accordance with PACP program standards including the specific date and time of inspection. 3.4 The Contractor shall notify the Owner at least two (2) working days in advance of the anticipated date of televising so that a designated representative of the Owner may observe the inspection operations. The Contractor shall video inspect all proposed storm pipes with the Owner, Owner's representative, and/or Engineer of Record present, or with the Owner's permission to proceed in the absence of the Owner's designated representative. 3.5 The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Owner and/or Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. 3.6 The camera shall be moved through the pipeline in either direction at a moderate rate, stopping when necessary to permit proper documentation of the pipeline condition. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the internal conditions shall be used to move the camera through the pipeline. If, during the inspection operation, the television camera will not pass through the entire manhole section, the Contractor shall set up his equipment so that the inspection can be performed from the opposite manhole. If, again, the camera fails to pass through the entire manhole section, the inspection shall be considered complete, noted as "Survey Abandoned" and no additional inspection will be required. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-14  The camera operator shall stop the camera at all joint locations, rotating the stationary camera a full 360 degrees of the entire pipe joint. At least one (1) measurement shall be obtained to define the joint gap at the apparent location for maximum separation.  The camera operator shall slow or stop the camera at potential or actual imperfections in the pipeline to obtain a high quality video image. Each location where a potential obstruction or structural deficiency exists shall be identified with accurate distance measurements above ground from the manhole or access hole.  Structural cracking, excessively deflected joints, protruding joint sealing material, corrosion, evidence of reverse slope by ponding of water or dips in pipe alignment and any other defect revealed by the CCTV inspection shall be repaired to the satisfaction of the Owner and/or Engineer at the Contractor’s sole expense. 3.7 When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communication shall be set up between the two manholes of the section being inspected to ensure good communications between members of the crew. 3.8 The importance of accurate distance measurements is emphasized. Measurement for accurately locating defects shall be above ground by means of a meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suitable device. The method of taking measurements and the associated accuracy shall be satisfactory to the Owner and/or Engineer. 4. Submittals At a minimum, documentation of the CCTV inspection shall include the following: 4.1 Television Inspection Logs: Electronic media location records shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot or nearest mm, from the manhole wall in relation to an adjacent manhole, of each defect point observed during inspection. In addition, other points of significance such as: unusual conditions; roots; cracks; fractures; broken pipe; presence of scale and corrosion; and other discernible features; as defined in the PACP defect codes, will be recorded on electronic media and a copy of such records will be supplied to the Owner. 4.2 Digital Photographs: Digital photographs shall be taken by the Contractor to document the pipe condition including any defects. Photographs shall be located by distance in 1/10 of a foot or nearest mm, from the manhole wall in relation to an adjacent manhole. 4.3 Electronic Media Recordings: The purpose of electronic media recording shall be to supply a visual and audio record of problem areas of the pipelines that may be replayed by the Owner. The video recording shall produce bright, sharp clear pictures with sufficient resolution, accurate colors and shall be free from distortion, shaking, tearing, rolls, or any other form of picture imperfection. Each audio-video recording shall be saved on appropriate DVD media viewable on standard DVD players or computer. Acceptable video formats include MP3, AVI, and MKV. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-15 SP-25 ....................................................................................... Dewatering, Flow Diversion and Temporary Shoring 1. General: Furnish all labor, materials, equipment, and services to provide flow diversion and control of water during construction. 2. Performance Requirements: The following describes the flow diversions and the control of water during construction.  Discharging Flows: All discharges shall be designed to sufficiently settle out suspended sediments while being released without causing erosion or scour prior to encountering downstream receiving water bodies.  Flow Diversion: All temporary cofferdams, channels, and hydraulic facilities intended to divert the flow shall be constructed to an adequate height to prevent overtopping during construction during a storm event of three (3) inches or less.  The Contractor shall monitor the weather forecast and plan construction events accordingly. In the event that a heavy storm event is forecast, all work is to be suspended and the Contractor shall stabilize all areas of the project site such that erosion, scouring and damage to the construction site are minimized. 3. Submittal Requirements: The following describes the submittal requirements for the flow diversion and control of water during construction.  Emergency Operation Plan: This emergency operation plan is to provide the Contractors with guidelines during a flood or a threatened flood period in order to protect the surrounding community. a. The Contractor shall monitor the weather forecasts and plan construction accordingly. b. If the weather forecasts should indicate the possibility of a major storm event within 24- to 48-hours, the Contractor shall plan for the possibility of high water levels at the site and the removal of temporary cofferdams and obstructions. The Contractor shall notify the Owner prior to implementing the emergency operation plan. c. If significant rainfall occurs in excess of one-half (0.5) inches, the Contractor shall maintain surveillance of the site and record water level readings. d. If the water level rises to a potentially unsafe level, the Contractor shall remove all equipment, construction materials (i.e., fuels, solvents, etc.), and stockpiles from the potential flooding area and alert the Owner of a potential emergency condition. e. The Contractor shall maintain sufficient equipment and manpower at the site in order to react to a flooding emergency. f. Compensation: No additional compensation shall be made to the Contractor for damages resulting from high water or from time lost due to inclement conditions such that work within the project site is not feasible. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-16 g. The Contractor shall submit a detailed Emergency Operations and Flood Contingency Plan before any work commences. The plan shall include a detailed narrative describing the various types of emergencies and corresponding actions to be taken in response. Identified on the plan(s) shall be the location where all construction equipment, oils, fuels, lubricants and other supplies will be stored. The Contractor shall certify that personnel are familiar with all provisions of the plan and are able to execute. The Contractor may develop a plan using the guidance information presented herein or prepare an alternative plan that complies with the guidance presented herein. The Contractor shall submit to the Owner an emergency operation plan for approval within seven (7) calendar days of the execution of the Agreement.  Dewatering Plan: The Contractor shall prepare and submit a preliminary dewatering plan for the Owner's review at the pre-construction meeting. Although the dewatering plan can reflect the Contractor's preferred "Means and Methods", the Owner's preference is for a plan that mitigates any potential environmental impact to the greatest extent practicable. 4. Construction Methods: The following describes the accepted construction methods for the flow diversion and control of water during construction.  Description: The Contractor shall investigate and verify the existing conditions and evaluate the need for and type of protection and facilities required. Before commencing construction, the Contractor shall furnish the Owner with details of the plan and methods for diverting water to accomplish the work. The Contractor may use sandbags, inflatable dams, temporary earth dams, temporary pipes, pumping systems or other types of protective facilities as approved by the Owner. The furnishing of such plans and methods shall not relieve the Contractor of any of his responsibility for the safety of the work for the successful completion of the project. The height of any flow diversions and or barriers shall be selected by the Contractor to provide reasonable protection from flooding. All such temporary structures or facilities shall be safely designed, extended to sufficient depth and be of such dimensions and water-tightness so as to assure construction of the permanent works to the limits shown on the plans. Movements or failures of the temporary protection facilities, or any portions thereof, which prevent proper completion of the permanent work, shall be corrected at no additional cost to the Owner. Additionally, any cleanup associated with such movements or failures shall be completed at the expense of the Contractor. Any pumping from within the areas of construction shall be done in such a manner as to prevent the possibility of movement of sediment from within the work zone. Any pumped water must be discharged to a sediment basin in accordance with requirements of FDOT Standard Specification Section 104. Unless otherwise provided or directed, all such temporary protective work shall be removed and disposed of in an approved manner when no longer required. The Contractor shall be responsible for the scheduling of work described herein so as not to interfere with any sequence of operations developed for this project. Delays as a result of work required under this specification shall not constitute a claim for an extension of Contract time. The Contractor shall be responsible at all times for conveying flows from any existing drainage systems located upstream of the project area, including any provisions necessary to bypass flow through the project area or around the Contractor’s work. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-17 5. Installation: The following describes installation of the flow diversion and control of water during construction.  Conform to the Contract Drawings.  Provide necessary temporary grading to facilitate dewatering and the control of surface water.  Monitor dewatering systems continuously to assure a suitable working condition.  Protect and maintain temporary erosion and sedimentation controls.  Operate diversion systems continuously until the proposed improvements are complete and operational, or until dewatering is no longer required.  Provide an adequate system to lower and control water to enable excavation, construction of structures and the placement of fill materials "in a dry condition". For the purposes of this specification, "in a dry condition" is defined to be within 2% of the soil's optimum moisture content.  The Contractor shall not perform the final 24-inches of excavation until the water level is a minimum of 24- inches below the proposed bottom of excavation. The Owner reserves the right to request that the Contractor demonstrate that the water level is a minimum of 24-inches below the proposed bottom of excavation before allowing the work to proceed. 6. Measurement and Payment:  Costs incurred during dewatering, flow diversion and temporary shoring operations related specifically to the installation and construction of stormwater management systems (pipes, inlets, manholes, outfall structures, etc.), including grading of slopes, temporary cofferdams, temporary piping, pumping systems, temporary stabilization, all work required for completing the project, including turbidity control, water quality monitoring and testing, and compliance with approved permits, shall be included in the bid prices for the various items of work to which it is incidental.  Costs incurred during dewatering, flow diversion and temporary shoring operations related specifically to excavating stormwater ponds, including grading of slopes, temporary cofferdams, temporary piping, pumping systems, temporary stabilization, all work required for completing the project, including turbidity control, water quality monitoring and testing, and compliance with approved permits, shall be included In Pay Item 104-0-1, Prevention, Control and Abatement of Erosion and Water Pollution. SPECIAL PROVISIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SP-18 << End of Special Provisions >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 1B SUPPLEMENTAL SPECIFICATIONS SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-1 SUPPLEMENTAL SPECIFICATIONS These Supplemental Specifications are intended to clarify and more specifically define work items encompassed by the FDOT Standard Specifications. Strikeout text has been used to identify any information that is not applicable to the current contract. Section 101 ........................................................................................................................................... Mobilization Mobilization (and demobilization) consists of the preparatory work, operations and mobilizing for beginning work on the project and demobilizing at end of work, including, but not limited to:  Those operations necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site.  The establishment of safety equipment and first aid supplies, sanitary and other facilities as required by these specifications and State and local laws and regulations.  Unless specified otherwise in the Special Provisions, the cost of bonds and required insurance, and any other pre-construction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this section.  Mobilization (and demobilization) expenses may include security services and/or expenses associated with night work, if approved by the Owner. Partial payments will be made in accordance with the following: Percent of original Contract amount earned Allowable percent of the lump sum price* for mobilization 5 25 10 50 25 75 50 100 * Contract lump sum price for mobilization (and demobilization) will be limited to 10% of the original Contract amount, calculated as the total of all pay item extended costs, exclusive of mobilization (and demobilization) and any other pay items included within the section of the bid schedule (bid form) entitled “SECTION 1 – GENERAL ITEMS”. Payment shall be made under:  Pay Item 101-1a – Mobilization – Per Lump Sum.  Pay Item 101-1b – Bonds and Insurance – Per Lump Sum.  Pay Item 101-2a – Survey and Construction Layout – Per Lump Sum.  Pay Item 101-2b – Record Drawings and As-built Plans – Per Lump Sum. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-2 Section 102 ........................................................................................................................... Maintenance of Traffic 1. General: Work under this section consists of maintaining traffic within the limits of the project for the duration of construction in accordance with the U.S. Department of Transportation – Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD), FDOT Standard Plans Index 102-600 series and FDOT Standard Specification Section 102. 2. The Contractor shall submit a Maintenance of Traffic (MOT) Plan to the Owner for review and approval a minimum of 28 calendar days prior to the proposed activation of such plan(s). The Contractor shall:  Acknowledge, via letter to the Owner, his intent to use the MOT Plan included with the Contract Drawings (if such a plan is included within the engineering drawings); or  Submit an alternate MOT Plan to the Owner, signed and sealed by a Professional Engineer registered in the State of Florida, for review and approval. The submitted MOT Plan shall conform to FDOT Standard Specification Section 102 and FDOT Standard Plans Index 102-600 series. The Contractor shall provide a Worksite Traffic Supervisor, per FDOT Standard Specification Section 102-3.2, who will be responsible for initiating, installing and maintaining all traffic control devices as described in the Contract Documents. The Contractor shall coordinate all construction that may impede traffic with appropriate representatives of the Owner and emergency services. The Contractor shall provide public notice, detours, roadways, and crossings to minimize traffic impedance along all public roadways. The Contractor shall not isolate residences and places of business. Access shall be provided to all residences and all places of business whenever construction interferes with the existing means of access. 3. Quantities: The Contractor is to determine the actual quantities and items to be used for maintenance of traffic. 4. Construction shall not begin until the MOT Plan is approved.  Road closures will not be permitted (unless under special circumstances and as authorized by the Owner).  Lane closures will not be permitted during peak hour traffic volumes. Lane closure restrictions will be determined at the time the MOT Plan is submitted. Lanes cannot be closed until such time that notification of the lane closure can be sent to the police department, fire department, school board, and other affected agencies.  Temporary lane closures will be limited to the hours of 9 a.m. to 4 p.m. unless otherwise approved by the Owner in writing. The Contractor must maintain at least one paved lane, a minimum of ten (10) feet in width, open to traffic at all times during lane closures. Maintenance of traffic for lane closures shall be according to FDOT Standard Plans Index 102-603 with a minimum of two (2) flag persons at all times. Flag persons must be trained and be FDOT certified.  At the sole discretion of the Owner, the Contractor may place “ROAD CLOSED – LOCAL TRAFFIC ONLY” signs to limit daytime traffic through the work zone. During daylight hours, paved roadways may be occupied by the Contractor’s operations. However, local residents, emergency vehicles, mail delivery, waste removal, and school buses must have continuous access through the work zone at all times. The Contractor shall maintain traffic at all times, and construct, maintain, and remove detours, temporary approaches, crossings, etc., as required.  Certain locations may require work in the right-of-way to be performed at night only. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-3 5. Prior to any required road closings, the Contractor is to perform exploratory excavations and investigation as necessary to identify existing utility locations (underground and overhead) and any conflict areas. Any required utility relocations to be scheduled and coordinated with the Owner and the affected utility companies prior to any road closing. 6. Traffic control techniques, including re-routing of traffic, signing and striping, shall be in conformance with the FDOT's Manual on Traffic Control and Safe Practices (latest edition). 7. Only reflective sheeting, as specified in FDOT Standard Specification Section 994, shall be used for signs and barricades for maintenance of traffic. The reflective sheeting on signs and barricades scratched or damaged to the point that reflectivity is impaired shall be replaced. 8. All construction warning signs shall be 48” x 48” or larger along the project. All construction signs for signalized intersections shall be 48” x 48” or larger along cross roads. All construction signs for non-signalized intersections shall be 36” x 36” or larger along cross roads and shall be supplied by the Contractor. 9. Driveways to private property, residences, businesses, etc., and all public street connections shall remain open except for very short periods associated with a critical construction operation of limited duration. 10. Non-Compliance: Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved maintenance of traffic plan, or presents a public safety concern, the Contractor shall have three (3) hours to take corrective action after notification is given. Should the Contractor fail to make the required modifications, the Owner shall have the option to fine the Contractor $50.00 per hour (from the time of notification) until the situation is remedied or corrected. The cost of such corrective action taken by the Owner shall be deducted from monies due the Contractor. 11. If drop-offs within the clear zone are greater than six inches (6”) during a daylight moving operation (pipe installation, etc.), the Contractor shall erect a concrete barrier with attenuator ends and relocate the entire system as the work proceeds. This specification supersedes and is in addition to FDOT Standard Plans Index 102- 600 series. 12. Materials for driveway maintenance shall be provided pursuant to FDOT Standard Specification Section 102-8 for all impacted driveways. 13. Temporary curb, curb relocation, temporary concrete barriers and inertial crash cushion shall be provided pursuant to FDOT Standard Specification Section 102. 14. The Contractor shall furnish, install and maintain one (1) project identification sign. The sign will be constructed of ¾-inch exterior grade plywood with a finished surface on the front side, or an approved equal material. The sign area shall measure at least 4-feet by 4-feet from edge to edge in each direction. Text and graphics shall be permanently affixed to the front of the sign, with information that includes:  The project name.  The Owner’s logo.  The names of any representatives specifically designated by the Owner.  The total construction cost. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-4 The Contractor shall submit a drawing of the sign layout to the Owner for approval before commencing fabrication and/or installation. The approved project identification sign must be installed prior to commencing construction, and within fifteen (15) days after receiving the official Notice to Proceed. 15. The Contractor shall furnish two (2) FDOT approved portable message signs at least five (5) days prior to approved lane closures related to mobilization, deliveries, or construction activities. The Owner shall approve the final sign locations and will also provide the message to be displayed on the signs. 16. Compensation: All compensation for maintenance of traffic shall be lump sum, including commercial materials for driveway maintenance, temporary concrete barrier wall (furnish, install and relocate), temporary crash cushions (furnish, install, and relocate) per FDOT Standard Plans Index 102-100. This shall include all items and services necessary for the safe maintenance of traffic within the project limits in conformance with the FDOT Standard Plans Index 102-600 series and MUTCD Specifications. This shall include, but not be limited to, message signs, barricades, flaggers, construction and advisory signing, detours, temporary pavement, temporary pavement markings, maintenance of pavement, asphaltic concrete curb, stormwater removals, temporary drainage structures and pipe, pumps, flashing arrow boards, high intensity flashing lights, removable and temporary pavement markings, traffic control (uniformed law enforcement) officer, steel traffic plates, temporary signal loops or cameras and temporary reflective pavement markers, all of which is specific to maintenance of traffic operations. Payment shall be made under:  Pay Item 102-1 – Maintenance of Traffic – Per Lump Sum.  Pay Item 102-60 – Furnish, Install and Maintain Project Identification Sign – Per Lump Sum.  Pay Item 102-99 – Changeable Variable Message Sign, Temporary – Per Day. Section 104 ...................................................... Prevention, Control and Abatement of Erosion and Water Pollution 1. General: Work under this section consists of prevention, control and abatement of erosion and water pollution in accordance with other requirements of these Specifications and Contract Documents, FDOT Standard Specification Section 104 and with the Best Management Practices described in the Florida Department of Environmental Protection’s Stormwater, Erosion, and Sedimentation Control Inspector’s Manual. 2. Furnish all labor, materials, equipment, and services to provide erosion control measures on the project site and in areas outside the project site where work is accomplished in conjunction with the project, so as to prevent pollution of water, detrimental effects to public or private property adjacent to the project site and damage to work on the project. Construct and maintain temporary erosion control features or, where practical, construct and maintain permanent erosion control features as shown on the Drawings or as may be directed by the Engineer. 3. The Contractor shall be responsible for complying with applicable State water quality standards during construction. The plans and specifications provide only the minimum requirements for erosion and sedimentation control; it is the Contractor's responsibility to develop a detailed erosion and sedimentation control plan. 4. A National Pollutant Discharge Elimination System (NPDES) Construction Permit is required by the U.S. Environmental Protection Agency (EPA) pursuant to 40 CFR Part 122.26 for construction projects that result in land disturbing activities that exceed one (1) or more acres. In Florida, the EPA has delegated processing and approval of this permit to the Florida Department of Environmental Protection (FDEP). SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-5  The NPDES Construction Permit requires preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP will include the Contractor’s erosion control plan and all additional measures that will be employed by the Contractor to dispose of, control, or prevent the discharge of solid, hazardous, and sanitary wastes to waters of the United States. The SWPPP must include the Contractor’s procedures to control off- site tracking of soil by vehicles and construction equipment and a procedure for cleanup and reporting of non-storm water discharges, such as contaminated groundwater or accidental spills. The Owner must review and approve the Contractor’s SWPPP prior to implementation.  If required, the Contractor is responsible for preparing and submitting the Notice of Intent (NOI) and Notice of Termination (NOT) forms to the Florida Department of Environmental Protection (FDEP).  If required, the Contractor shall obtain the NPDES permit prior to commencement of land disturbing activities at the project site. 5. Failure to sign any required documents or certification statements will be considered a default of the Contract. Any earth disturbing activities performed without the required signed documents, certifications or statements may be considered a violation of the Clean Water Act by the EPA. 6. Pre-Construction Conference: At the pre-construction conference, and if applicable to the project, the Contractor shall present a preliminary SWPPP, including the Contractor’s plans and schedules for prevention, control, and abatement of erosion and water pollution in accordance with the requirements and documents referenced above. 7. Sediment barriers (silt fence) and/or turbidity curtains shall be installed where shown on the Drawings and permits in accordance with standard construction practices, and in accordance with all Federal, State and local regulations. Quantities for this item are approximate only and are provided for the Contractor’s bidding purposes. Because field conditions may require more or less fencing/curtains, the Contractor shall coordinate with the Engineer or Owner’s representative regarding additional silt fence and/or turbidity curtains that may need to be placed to meet water quality requirements. Any additional turbidity curtains or silt fence required shall be provided at the Contractor’s expense. Maintenance of erosion control devices are the sole responsibility of the Contractor. 8. A turbidity control device must be used wherever water depth and/or flow prevent the use of silt fence or other approved erosion control devices. A description of the turbidity control device must be provided in the Contractor’s SWPPP. A floating turbidity apron/curtain that extends from the water surface to the bottom shall be installed as shown on the Drawings and/or as required by permits prior to commencement of construction and shall remain in place until construction is completed and turbidity within the work area has returned to background levels. 9. Drainage Structures and Storm Pipes: The Contractor shall protect drainage structures and storm pipes from erosion and sedimentation during construction. This may include the use of synthetic bales, silt fences or any other method approved by the Engineer. Should any construction item be damaged due to erosion or sedimentation, the Contractor shall repair or replace the item with no additional compensation. All new and existing (where called out to remain) storm pipes and all drainage structures shall be clean and free from silt prior to final acceptance. 10. Stormwater Ponds: Refer to the Special Provision entitled “Dewatering, Flow Diversion and Temporary Shoring” for additional information. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-6 Payment shall be made under:  Pay Item 104-0-1 – Prevention, Control and Abatement of Erosion and Water Pollution – Per Lump Sum.  Pay Item 104-13-1 – Staked Silt Fence, Type III – Per Linear Foot.  Pay Item 104-15 – Gravel Construction Entrance – Per Each.  Pay Item 104-18 – Inlet Protection System – Per Each. Section 110 ............................................................................................................................ Clearing and Grubbing 1. Furnish all labor, materials, equipment, and services to perform clearing and grubbing at the project site area. Clearing and grubbing shall include removal and disposal of all vegetation, debris, trees, stumps, roots, and other such protruding objects, flexible pavement, concrete pavement, riprap, drainage structures and pipe, and for backfilling the removal excavations and other facilities necessary to prepare the area for the proposed construction. All materials removed shall become property of the Contractor, and shall be removed from the project in a manner that meets all Federal, State, and local regulations concerning dumping of waste or construction materials. Any salvage value received from the removed materials shall be reflected in the Contractor’s Proposal. 2. Clearing and grubbing shall be performed in accordance with FDOT Standard Specification Section 110. 3. As an exception to the above provisions, desirable trees within the area to be cleared and grubbed shall be protected and left standing where so indicated on the Drawings, designated in the Special Provisions or as directed by the Owner / Engineer. 4. Demolition generally includes: complete demolition and removal of manholes, valve vaults, wet wells, piping, mechanical and electrical equipment related to the Work as shown on the Drawings and specified herein. For the purposes of this specification, demolition shall also include the complete demolition and removal of vacant residential structures and their attendant utility systems where so indicated on the Drawings and/or specified herein. 5. The Contractor shall obtain all necessary permits and licenses for performing the Work and shall comply with the requirements of the permits. No building, tank or structure, or any part thereof, shall be demolished until an application has been filed by the Contractor with the Building Department having jurisdiction and a permit issued if a permit is required. Demolition shall be in accordance with this specification and applicable provisions of the Building Code of the State of Florida. 6. There may be existing and active stormwater, wastewater, water, and other facilities on site that may or may not be shown on the Drawings. It is essential that these facilities (or portions thereof), when encountered, remain intact and in service during the proposed demolition. Consequently, the Contractor shall be responsible for the protection of these facilities and shall diligently direct all his activities toward maintaining continuous operation of the existing facilities and minimizing operational inconvenience. 7. All material, equipment, rubble, debris, and other products of the demolition shall become the property of the Contractor for his disposal off-site in accordance with all applicable laws and ordinances at the Contractor's expense. The sale of salvageable materials by the Contractor shall only be conducted off-site. The sale of removed items on the site is prohibited. 8. The Contractor shall examine the various Drawings, visit the site, determine the extent of the Work, the extent of work affected therein, and all conditions under which he is required to perform the various demolition operations. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-7 9. The Contractor shall be solely responsible for making all necessary arrangements and for performing any necessary work involved in connection with the interruption of all public and private utilities or services.  The Contractor shall issue written notices of planned demolition to companies or local authorities owning utility conduit, wires, or pipes running to or through the project site.  The Contractor shall notify utility companies or local authorities furnishing gas, water, electrical, telephone, or sewer service to remove any equipment in the structures to be demolished and to remove, disconnect, cap, or plug their services to facilitate demolition.  Prior to demolition, the Contractor shall obtain written verification from the utility owner(s) that the existing utilities, including stormwater, wastewater, and/or water facilities, are not operational and are ready for demolition. 10. Before commencing demolition work, all utility relocation, bypassing, capping, or modifications necessary will be completed. Actual demolition work will not begin until the Owner or Owner’s representative has inspected and approved the prerequisite work and authorized commencement of the demolition work. 11. The Owner assumes no responsibility for the actual condition of the structures to be demolished or relocated. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations may occur prior to the start of demolition work. 12. Certain information regarding the reputed presence, size, character and location of existing underground structures, pipes and conduit may or may not have been shown on the Drawings. If shown, there is no certainty of the accuracy of this information, and the location of underground structures shown may be inaccurate and other obstructions than those shown may be encountered. The Contractor hereby distinctly agrees that the Owner is not:  Responsible for the correctness or sufficiency of any information given;  Attesting that this information is to be considered a part of the construction Contract;  Responsible for a delay claim or extra compensation on account of incorrectness of information regarding obstructions either revealed or not revealed by the Drawings;  Responsible for a claim requesting relief from any obligation or responsibility under this Contract in case the location, size, or character of any pipe or other underground structure is not as indicated on the Drawings, or in case any pipe or other underground structure is encountered that is not shown on the Drawings. 13. The Contractor shall adhere to all applicable restrictions, including but not limited to:  Explosives shall not be used at any time during the demolition. No burning of combustible material will be allowed.  Work shall be conducted to ensure minimum interference with on-site and off-site roads, streets, sidewalks, and occupied or used facilities. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-8  Special attention is directed towards maintaining safe and convenient access to the existing facilities remaining in operation, including normal ingress and egress, delivery vehicles and the potential need for emergency vehicle access (police, fire, ambulance, etc.).  Closing and/or obstructing streets, sidewalks, or other occupied facilities will not be allowed without permission from the Owner. Alternate routes shall be provided around closed or obstructed traffic in access ways.  Operations shall be conducted to minimize damage by falling debris or other causes to adjacent buildings, structures, roadways, other facilities, and persons. Interior and exterior shoring, bracing, or support shall be provided to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain.  Damage caused to adjacent facilities by demolition operations shall be promptly repaired as directed by the Owner and at no cost to the Owner.  Existing utilities to remain in service shall be maintained and protected against damage during demolition operations. Existing utilities serving occupied or operational facilities shall not be interrupted, except when authorized by the Owner. Temporary services shall be provided if existing utilities are interrupted as acceptable to the Owner.  If required, and before starting demolition, the Contractor shall employ a certified rodent and vermin exterminator and treat the facilities in accordance with governing health laws and regulations. Any rodents, insects, or other vermin appearing before or during the demolition shall be killed or otherwise prevented from leaving the immediate vicinity of the demolition work.  Water sprinkling, temporary enclosures, and other suitable methods shall be used as necessary to limit the amount of dust rising and scattering in the air to the lowest level of air pollution practical for the conditions of work. The Contractor shall comply with the applicable governing regulations.  Adjacent structures and improvements shall be cleaned of all dust and debris caused by demolition operations as directed by the Owner. Return areas to conditions existing prior to the start of Work. Payment shall be made under:  Pay Item 110-1-1 – Clearing and Grubbing – Per Lump Sum. Section 120 ................................................................................................................. Excavation and Embankment 1. Furnish all labor, materials, equipment, and services to perform excavation, embankment and grading work. The bid price for excavation and embankment, measured as provided below, shall include all regular excavation, subsoil excavation, roadway embankments, ditch embankments, excavation for structures and pipe and hauling of materials for completion of the project. 2. Excavation and embankment shall be performed in accordance with FDOT Standard Specification Sections 120 and 125 along with sections referenced within these sections. 3. Regular excavation consists of roadway, ditch and pond/lake excavation and grading, including the utilization or disposal of all materials necessary for construction of the proposed improvements. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-9 4. Subsoil excavation consists of the excavation and disposal of muck, clay, rock, or any other material that is unsuitable in its original position. 5. Unauthorized excavation consists of removal of material beyond the limits needed to establish required grade without specific direction from the Owner or Engineer. Unauthorized excavation, as well as remedial work as directed by the Owner, shall be at the Contractor's expense. Such remedial work shall be performed as directed by the Owner or Engineer. 6. Embankment consists of placing material above the original line, or above lower limits for removal of organic and/or plastic material to the finished grade shown on the Drawings. 7. Excavation for structures and pipe consists of excavation and the utilization or disposal of all materials necessary for the construction of the improvements, including but not limited to: pipe culverts; storm sewers and all other pipe lines; headwalls for pipe culverts; drains, catch basins, drop inlets, manholes and similar structures; etc. 8. Excavated materials that are not utilized on the project shall be removed from the site and will become property of the Contractor. 9. Excavated materials may provide suitable borrow material for embankment operations, provided that the material consists of mineral soil, substantially free of clay, organic material, loam, wood, trash and other objectionable material which may be compressible or which cannot be compacted properly. Excavated materials used for embankment operations shall not contain stones larger than 3-inches in any dimension, asphalt, broken concrete, masonry, rubble, or other similar deleterious materials. The embankment materials shall have physical properties such that it can be readily spread and compacted during filling. Additionally, embankment materials shall be no more than 12 percent by weight finer than the 200 mesh sieve unless finer material is approved for use in a specific location by the Owner or Engineer. 10. Excavated materials may be temporarily stored in segregated stockpiles for reuse. All material which is not suitable for reuse shall be transported offsite and disposed of by the Contractor pursuant to all applicable codes and regulations. Any permits required for the hauling and disposing of unsuitable or "export" material shall be obtained by the Contractor prior to commencing hauling operations. 11. The bidder, by and through the submission of his bid, agrees that he shall be held responsible for having theretofore examined the site, the location of all proposed work, and for having satisfied himself from his own personal knowledge and nature of the ground, surface, subsurface, and any other conditions surrounding and effecting the work. 12. Where muck, rock clay or other material within the limits of construction is unsuitable in its original condition, the Contractor shall excavate such material to the cross-sections shown in the Drawings or as directed by the Engineer and shall backfill with suitable material which shall be shaped to conform to the required cross- sections. Where the removal of plastic soils below the finished earthwork grade is required, a construction tolerance from the line shown on the Drawings as the removal limits of 36 inches in depth and 48 inches (each side) in width will be allowed. 13. Final dressing to include grading and final preparation of earthwork to allow placement of sod, reshaping of slopes to match adjacent curbing or pavement, cleanup of sod and landscaping, debris, trimming of trees, etc. Payment shall be made under:  Pay Item 120-5 – Channel Excavation – Per Cubic Yard.  Pay Item 120-6 – Embankment – Per Cubic Yard. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-10 Section 400 ................................................................................................................................ Concrete Structures 1. Furnish all labor, materials, equipment, and services for the construction of endwalls, flumes, aprons and other miscellaneous concrete shown in the Drawings, including but not limited to dewatering, excavating, backfilling, compaction, forming, placing concrete and reinforcing steel as necessary to complete the structures shown on the Drawings. 2. Construction of concrete structures shall be performed in accordance with FDOT Standard Specification Section 400 (Concrete Structures) and Section 415 (Reinforcing Steel) along with other relevant sections referenced within Sections 400 and 415. 3. Construct cast-in-place concrete endwalls using Class I concrete pursuant to Section 400. Bid price for Class I concrete endwalls shall include reinforcing steel, per Section 415. 4. Construct cast-in-place concrete pipe collars and pipe jackets using Class IV concrete pursuant to Section 400 and FDOT Standard Plans Index 430-001. Bid price for Class IV concrete pipe collars shall include reinforcing steel, per Section 415. Payment shall be made under:  Pay Item 400-4-1 – Concrete Class IV, 30” Pipe Collar – Per Cubic Yard.  Pay Item 400-4-11a – Concrete Class IV, Sheet Pile Cap – Per Cubic Yard.  Pay Item 400-4-11b – Modified Sheet Pile Cap, 8” Water Main Penetration – Per Lump Sum. Section 425 ...................................................................................................... Inlets, Manholes and Junction Boxes 1. Furnish all labor, materials, equipment, and services for the construction of concrete inlets, manholes and junction boxes from reinforced concrete as shown on the Drawings including metal frames and gratings. 2. Construction of inlets and junction boxes shall be performed in accordance with FDOT Standard Specification Section 425 along with other relevant sections referenced within Section 425. Payment shall be made under:  Pay Item 425-1-541 – Inlets, DT Bottom, Type D, < 10' – Per Each.  Pay Item 425-1-549 – Inlets, DT Bottom, Type D, Modify, < 10' (with Slots) – Per Each.  Pay Item 425-1-559 – Inlets, DT Bottom, Type E, Modify, < 10' (with Slots) – Per Each.  Pay Item 425-2-41 – Manholes, P-7, < 10' – Per Each.  Pay Item 425-2-71 – Manholes, J-7, < 10' – Per Each. Section 430 .......................................................................................................................................... Pipe Culverts 1. Furnish all labor, materials, equipment, and services for the construction of drainage pipe and end sections as shown on the Drawings. This work shall include construction of joints and connections to existing pipes (including dissimilar), catch basins, inlets, box culverts, junction boxes, manholes, etc., as may be required to complete the work. 2. Construction of pipe culverts shall be performed in accordance with FDOT Standard Specification Section 430 along with other relevant sections referenced within Section 430. 3. All concrete pipe to be Class III unless specified otherwise on the Drawings. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-11 4. Inspection of pipe culverts shall be performed in accordance with FDOT Standard Specification Section 430 along with other relevant sections referenced within Section 430, as may be supplemented by the Engineer’s Special Provisions. Payment shall be made under:  Pay Item 430-175-130 – Pipe Culvert, Optional Material, Round, 30" S/CD – Per Linear Foot. Section 455 .......................................................................................................................... Structures Foundations 1. Furnish all labor, materials, equipment, and services for the installation of the steel sheet pile as shown in the plans. 2. Steel sheet piles shall be installed in accordance with FDOT Standard Specification Section 455 along with sections referenced within this section. Payment shall be made under:  Pay Item 455-133-3a – Sheet Piling, Structural Engineering Design – Per Lump Sum.  Pay Item 455-133-3b – Sheet Piling, Steel, Permanent – Per Square Foot. Section 515 ................................................................ Metal Pedestrian / Bicycle Railings, Guiderails, and Handrails 1. Construction of pipe guiderail shall conform to the requirements of the FDOT Standard Specifications for Road & Bridge Construction, FDOT Standard Plan 515-080 (Galvanized Steel) and 515-070 (Aluminum), except as modified below.  Method of Measurement – Quantities measured for payment under this Section shall be the linear feet of two-rail or three rail guiderail measured in place along the length of the top rail and shall include rails, posts, thickened edge sidewalk, rail splice assemblies, base plates, anchor bolts, nuts, washers, resilient or neoprene pads and all incidental materials and labor required to complete installation.  Basis of Payment – Pipe Handrail - Guiderail will be paid for at the contract unit price per linear foot completed and accepted. Payment shall be made under:  Pay Item 515-1-2 – Pipe Handrail – guiderail, Aluminum – Per Linear Foot. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-12 Section 522 .......................................................................................................... Concrete Sidewalk and Driveways 1. General: Construction of 4-inch and 6-inch thick concrete sidewalks, driveways and drainage aprons shall conform to the requirements of FDOT Standard Specification Section 522 except as amended herein. 2. Foundation: Foundation material shall meet the specified densities and shall be thoroughly wetted but free of standing water just prior to placing concrete. 3. Contraction Joints: Contraction joints shall be sawed. All joints shall be straight lines oriented at 90 degrees to the edge of sidewalk, radially if in a curve, or as directed otherwise. Minimum depth of joints shall be 1 ½ inches or ¼ the nominal thickness of concrete placed, whichever is greater. Joint installation shall proceed in the same direction and sequence as the concrete placement. Sawing shall begin as soon as the concrete has hardened to the degree that excessive raveling will not occur. Every third transverse joint and all longitudinal joints shall be installed within 8 hours after finishing. Remaining transverse joints shall be installed by noon the following day. 4. Construction Joints: Construction joints shall be constructed at the end of all pours and at other locations where the concrete placement operations are stopped for as long as 30 minutes. They shall be placed at least 10 feet from any other transverse construction joint or end of pavement section. Metal keyways shall be installed at all construction joints in sidewalks 6-inches and greater in thickness. Concrete thickness shall be increased by 2-inches for a minimum distance of 6-inches either side of construction joints. 5. Curing: Concrete shall be cured as provided in FDOT Standard Specification Section 520-8, except as modified herein. Curing material shall be applied to the concrete surfaces after finishing as soon as the concrete has hardened sufficiently to prevent marring the surface or within one hour after finishing is completed, whichever occurs first. Applying curing materials shall not be held up due to other activities on the project. Contractor shall schedule and provide manpower necessary to conform to these requirements. If Contractor chooses to use membrane curing compound, it shall be Type 2, white-pigmented, meeting AASHTO M 180 requirements. Curing compound shall be thoroughly agitated before pouring from original container and periodically agitated during application to prevent settlement of pigment. Spraying equipment, including spray tip and nozzle, shall be as recommended by manufacturer’s printed literature, or equal. Suggested equivalent spraying equipment is: Pump Sprayer: ................................................................................ Model No. 1949, Chapin Mfg., (8900) 444-3140 Drum Pump Sprayer: ................................................................................................ 12 Volt DC # 6061, Chapin Mfg. Equipment shall be maintained and nozzles replaced as required to provide consistent uniform spray pattern. A uniform coating meeting the manufacturer's recommended minimum application rate shall be applied. Areas appearing to have insufficient curing compound, as determined solely by the Owner, shall be re-coated immediately to provide required uniform coverage. Storage containers greater than 5 gallon capacity may be utilized only with prior approval by the Engineer. Contractor shall submit the manufacturer's descriptive literature related to the placement, storage and mixing requirements for storage exceeding 5 gallons. Contractor shall provide and utilize mechanical mixers for all containers larger than 5 gallons. The mixers shall be equivalent to or exceed the manufacturer’s requirements. Contractor shall conform to all storage, mixing and application requirements. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-13 6. Replacement: Where 6-inch concrete has to be replaced due to cracks, it shall be replaced with a uniform thickness of 8-inch concrete covering no less than 40 square feet and extending to existing sawed contraction joints. Replacement concrete shall extend at least 3-inches beneath existing concrete at a minimum thickness of 3-inches. 7. Method of Measurement: Quantities measured for payment under this Section shall be the actual area in square yards of concrete constructed in place. The quantity of concrete sidewalk shown on the bid schedule (bid form) is the amount of proposed sidewalk to be placed. Sidewalks demolished as a result of Contractor negligence, during the installation of proposed underground utilities, pipe, structures, etc., shall be replaced at no direct cost. All sidewalks and curb cut ramps shall comply with ADA and FDOT Standard Plans Index 522- 001. 8. Basis of Payment: Concrete sidewalk and driveway will be paid for at the contract unit prices, completed and accepted. Payment shall constitute full compensation for all work described herein, and shall include all labor, equipment, materials, grading, compaction, and all incidentals necessary to complete the work to the lines, grades, and thicknesses indicated on the Drawings. Subgrade preparation and additional concrete required for thickened slabs as indicated on the Drawings or as directed by the Engineer shall be included in the contract unit price for 6-inch concrete sidewalk (driveway). Payment shall be made under:  Pay Item 522-1 – Concrete Sidewalks, 4" – Per Square Yard. Section 530 ................................................................................................................................ Revetment Systems 1. Furnish all labor, materials, equipment, and services for the construction of riprap (rubble) for ditch lining, scour and erosion protection, including incidental excavation, bedding stone and geotextile filter fabric underlayment as shown on the plans. 2. Riprap construction shall be performed in accordance with FDOT Standard Specification Section 530 along with sections referenced within this section. 3. Filter fabric shall meet or exceed the “Geotextile Criteria” presented within Index 199 of the FDOT Design Standards and FDOT Standard Specification 514, the cost for which shall be included in the pay item for riprap. 4. Bedding stone shall be placed under all riprap in accordance with FDOT Standard Specification 530, the cost for which shall be included in the pay item for riprap, unless a specific pay item is provided for bedding stone. 5. Unless otherwise approved by the Owner, the Owner’s representative and/or the Engineer, broken concrete with steel reinforcement removed will not be accepted as riprap meeting the intent of this specification. Payment shall be made under:  Pay Item 530-3-4 – Riprap, Rubble, Ditch Lining – Per Ton.  Pay Item 530-74 – Bedding Stone – Per Ton. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-14 Section 538 ................................................................................................................................ Resetting Guardrail 1. The work specified in this section consists of removing existing guardrail and reinstalling new guardrail or reusable components in accordance with FDOT Standard Specification Section 538 along with sections referenced within this section. 2. Non-reusable components shall be replaced in accordance with FDOT Standard Specification Section 538-2. Payment shall be made under:  Pay Item 538-1 – Guardrail, Reset (remove and replace existing) – Per Linear Foot. Section 550 ................................................................................................................................................... Fencing 1. Furnish all labor, materials, equipment, and services for the construction of fence shown on the Drawings including posts, gates, and appurtenances. 2. Fence construction shall be performed in accordance with FDOT Standard Specification Section 550 along with other relevant sections referenced within Section 550. 3. Fence not identified on the Drawings as FDOT Type A or Type B is considered miscellaneous fence and shall match “in kind” the fence being replaced or the existing fence being connected to. Miscellaneous fence shall be approved by the Owner. 4. Unless otherwise specified on the Drawings, vinyl coating shall be black in color. Payment shall be made under:  Pay Item 550-10-228 – Fencing, Type B, 5.1’ - 6.0’ Height, Reset Existing – Per Linear Foot.  Pay Item 550-60-223 – Fence Gate, Type B, Double, 12.1’ - 18.0’ Opening – Per Each. Section 570 ................................................................................................................................... Performance Turf 1. Furnish all labor, materials, equipment, and services for establishing healthy turf over all areas shown on the Drawings and all other areas disturbed during construction. 2. Performance turf shall be performed in accordance with FDOT Standard Specification Section 570 along with other relevant sections referenced within Section 570. Establishing a healthy stand of grass is the Contractor's responsibility pursuant to the requirements for fertilizing and watering in accordance with FDOT Standard Specification Sections 982 and 983, respectively. 3. Replacement sod for areas disturbed by construction activities shall match the type of sod that existed before construction as documented by the pre-construction video or as directed by the Owner. 4. Replacement sod for the project shall be Argentine Bahia, Floratam St. Augustine or other types as directed by the Owner, the Owner’s representative and/or the Engineer. Payment shall be made under:  Pay Item 570-1-2 – Performance Turf, Sod, Bahia – Per Square Yard. SUPPLELMENTAL SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) SS-15 << End of Supplemental Specifications >> SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 1C SPECIAL BID ITEMS (SBIS) SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 2 – ADDITIONAL TECHNICAL INFORMATION GEOTECHNICAL ENGINEERING INVESTIGATION REPORT OF GEOTECHNICAL ENGINEERING EVALUATION EROSION CONTROL COUNTERMEASURES WITHIN GEE CREEK AT MOSS PARK Seminole County, Florida Pegasus Project No. WSC-22015 GEC Project No. 5436G Prepared for: Pegasus Engineering 301 West SR 436, Suite 309 Winter Springs, Florida 32708 Prepared by: Geotechnical and Environmental Consultants, Inc. 919 Lake Baldwin Lane Orlando, Florida 32814 April 18, 2024 April 18, 2024 Pegasus Engineering 301 West SR 436, Suite 309 Winter Springs, FL 32708 Attention: Mr. Greg Teague, P.E. Subject: Report of Geotechnical Engineering Evaluation EROSION CONTROL COUNTERMEASURES WITHIN GEE CREEK AT MOSS PARK Seminole County, Florida Pegasus Project Nio. WSC-22015 GEC Project No. 5436G Dear Greg: Geotechnical and Environmental Consultants, Inc. (GEC) has completed our geotechnical engineering evaluation for the Erosion Control Countermeasures within Gee Creek at Moss Park projectand prepared this report in accordance with our Proposal No. 11574G dated September 20, 2023. The purpose of this study was to explore soil and groundwater conditions along the identified erosion/washout areas and to use the information obtained to provide geotechnical engineering recommendations for design and construction of the proposed erosion/washout repairs and erosion control improvements.This report describes our methodology, documents our field and laboratory test results and presents our recommendations regarding the geotechnical engineering aspects of the project. GEC appreciates the opportunity to be of service to you on this project. If you have any questions concerning the contents of this report, or if we may be of further assistance, please contact us. Sincerely, GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS, INC. Ryan J. Petersen, E.I.Daniel C. Stanfill, P.E. Engineer Intern Senior Geotechnical Engineer Florida License No. 42763 This Report has been digitally signed and sealed by Daniel C. Stanfill, P.E. on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. GEC Project No. 5436G ii Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park TABLE OF CONTENTS 1.0 SITE LOCATION AND DESCRIPTION................................................................................... 1 2.0 PROJECT DESCRIPTION ..................................................................................................... 1 3.0 NRCS SOIL SURVEY ........................................................................................................... 1 4.0 POTENTIOMETRIC MAP DATA..........................................................................................2 5.0 SUBSURFACE EXPLORATION.............................................................................................3 6.0 LABORATORY TESTING.....................................................................................................3 7.0 SUBSURFACE CONDITIONS ............................................................................................... 3 7.1 Subsurface Profile ........................................................................................................... 4 7.2 Groundwater Levels ....................................................................................................... 4 8.0 DESIGN RECOMMENDATIONS .......................................................................................... 5 8.1 Gabion Baskets/Mattress ............................................................................................... 5 9.0 CONSTRUCTION RECOMMENDATIONS ............................................................................. 6 9.1 General Site Preparation................................................................................................7 9.2 Fill Selection, Placement and Compaction.....................................................................7 9.3 Foundation Subgrade Preparation.................................................................................8 9.4 Temporary Excavations..................................................................................................8 10.0 REPORT USE AND LIMITATIONS ...................................................................................... 9 FIGURES Figure 1: USGS Quadrangle and NRCS Soil Survey Maps Figure 2:Manual Muck Probe Location Plan with Results Figure 3:Boring Location Plan with Results TABLES Table 1: Summary of NRCS Soil Survey Units ................................................................................. 1 Table 2: Summary of Potentiometric Surface of the Floridan Aquifer........................................... 2 Table 3: Site Exploration Summary ................................................................................................. 3 Table 4: Summary of Laboratory Testing Program ......................................................................... 3 Table 5: Soil Stratigraphy ................................................................................................................ 4 Table 6: Groundwater Levels in SPT Borings ................................................................................. 4 Table 7: Recommended Soil Parameters for Slope Stabilization Design ........................................ A Table 8: Gabion Basket External Stability Analyses Results ........................................................... B GEC Project No. 5436G iii Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park APPENDIX APPENDIX A FIELD EXPLORATION METHODS A.1 Standard Penetration Test Borings A.2 Groundwater Measurement A.3 Manual Muck Probes APPENDIX B DESIGN CALCULATIONS GEC Project No. 5436G 1 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park 1.0 SITE LOCATION AND DESCRIPTION The site is located at Gee Creek off South Moss Road in Winter Springs, Florida as shown on Figure 1 in the Appendix. The site is approximately 0.8 acres in area and is currently developed with a roadway, residential development, and a park. Vegetation on the property is comprised of a dense tree line on the eastern portion of the property and varying grasses along the creek bed. The site topography can be described approximately as ranging from +45 feet along the roadway to +40 feet in the creek bed, NGVD. 2.0 PROJECT DESCRIPTION We understand that project plans for this site include the installation of Gabion Baskets, removal of sediments, and the repair of damaged infrastructure in accordance with the 60% plans. If any of the above project information is incorrect, please notify us so that we can evaluate whether the changes in design affect our recommendations. 3.0 NRCS SOIL SURVEY The Natural Resources Conservation Service (NRCS) Soil Survey of Seminole County, Florida was reviewed for near-surface soil and groundwater information. The NRCS Soil Survey map at each project site is shown on Figure 1. The soils in the vicinity of the project sites are summarized in Table 1. Table 1: Summary of NRCS Soil Survey Units Soil Unit No.Soil Name Depth (inches)Soil Description Unified Classification Symbol Depth to Seasonal High Groundwater (feet) Hydrologic Group 20 Myakka and EauGallie fine sands Myakka 0 – 28 Sand, fine sand SP-SM, SP 0.5 – 1.5 A/D 28 – 45 Sand, fine sand, loamy fine sand SP-SM, SM 45 – 80 Sand, fine sand SP-SM, SP EauGallie 0 – 18 Fine Sand SP, SP-SM 18 – 41 Sand, Fine Sand SP-SM, SM 41 – 60 Sandy loam, fine sandy loam, sandy clay loam SC-SM, SC, SM 60 – 80 Sand, loamy sand, loamy fine sand SP-SM, SM 34 Urban land, 0 to 2 percent slopes --- --- --- --- --- GEC Project No. 5436G 2 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park In general, the soils depicted on NRCS soil survey map at the project sites are generally classified as fine sands to sandy loam to sandy clay loam (SP, SP-SM, SM, SC-SM, SC). The NRCS predicts seasonal high groundwater levels for these soil types to generally range from 0.5 to 1.5 feet below the natural ground surface. Urban Land refers to areas where most of the ground surface is covered by asphalt, concrete, buildings and other impervious surfaces that modify surface/subsurface drainage and obscure or alter the soils so that their identification is not possible. The depth to seasonal high groundwater level for this soil unit is typically dependent upon the functioning of existing drainage systems. Information contained in the NRCS Soil Survey is very general and may be outdated . Therefore, it may not be reflective of actual soil and groundwater conditions, particularly if recent development in the site vicinity has modified soil conditions or surface/subsurface drainage. The information obtained from recent soil borings provides a better characterization of actual site conditions. 4.0 POTENTIOMETRIC MAP DATA Artesian groundwater conditions can be predicted based on comparison of the Floridan aquifer potentiometric surface and ground surface elevations. A summary of the potentiometric surface elevation of the Floridan aquifer at the project sites based on review of the Florida Department of Environmental Protection (FDEP) web map entitled Upper Floridan Aquifer Potentiometric Surface Contours, September, 2019 (the most recent map available) is included in the following table: Table 2: Summary of Potentiometric Surface of the Floridan Aquifer Approximate Potentiometric Surface Elevation (NAVD88) Ground Surface Elevation Range (NAVD88) +40 +40 to +45 Since the potentiometric surface is within potential excavation depths when compared to existing ground surface at the sites, artesian flow conditions are possible if a confining layer is breached and should be anticipated. Artesian conditions were not encountered in our soil borings. However, our drilling operations required the use of high-density drilling mud which could potentially obscure the effect of artesian conditions during drilling. The contractor should be prepared to handle artesian levels up to the approximate potentiometric surface elevation listed in the table above for each site. GEC Project No. 5436G 3 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park 5.0 SUBSURFACE EXPLORATION In addition to consulting published sources, GEC conducted an exploration of the project site to evaluate subsurface conditions. Our field exploration is summarized in Table 3. Please refer to Appendix A for a description of the field exploration methods used for this investigation. Table 3: Site Exploration Summary 1Exploration Method Quantity Boring No. Depth Explored (feet) Figure No. SPT Borings 2 B-1, B-2 30 3 Manual Probes 17 ------ 2 The locations of the field activities listed in Table 3 are shown on the site plan in Figures 2 and 3. These locations were estimated by using a handheld, sub-meter accuracy Global Positioning System (GPS) unit. Boring locations were later surveyed by SSMC for horizontal and vertical control. 6.0 LABORATORY TESTING Selected soil samples retrieved from the borings were tested in accordance with Florida Standard Testing Methods (FM), American Association of State Highway Transportation Officials (AASHTO) testing methods and American Standard Testing Methods (ASTM). Our laboratory testing program is summarized on the following table: Table 4: Summary of Laboratory Testing Program Test Test No. Grain Size Analysis AASHTO T88 Organic Content FM 1-T267 Natural Moisture Content AASHTO T265 The results of our laboratory tests are shown adjacent to the soil profiles on the Soil Boring Results sheet (Figure 3). 7.0 SUBSURFACE CONDITIONS GEC’s field exploration was conducted duringJanuary 2024. The soil and groundwater conditions encountered are summarized in this section. Please refer to Figure 3 for a detailed description of the subsurface profile at each boring location shown on Figures 2 and 3. Manual muck probe results are depicted on Figure 2. GEC Project No. 5436G 4 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park 7.1 Subsurface Profile The descriptions and stratum numbers used for the encountered soils are summarized as follows: Table 5: Soil Stratigraphy Stratum No. Unified Classification Soil Description 1 SP Light brown to brown to gray fine sand 2 SP-SM Brown fine sand with silt, trace organic content In general, the borings performed (B-1 to B-2) encounteredveryloose to medium dense fine sand (SP)(Stratum 1) to fine sand with silt (SP-SM)(Stratum 2) to the maximum boring termination depth of 30 feet. The manual muck probes performed in the Little Wekiva River encounteredwater depths ranging from 0.2 to 1.8 feet, surficial muck less than 0.5 foot thick and loose sand sediment ranging from 0.2 to 2.5 feet in thickness. 7.2 Groundwater Levels Table 6 summarizes the measured and estimated seasonal high groundwater levels at the boring locations. Table 6: Groundwater Levels in SPT Borings Boring Nos. Measured Groundwater Depth (ft) Estimated Seasonal High Groundwater Depth (ft) B-1, B-2 4.2 – 4.7 2.0 – 2.5 Please refer to Figure 3 for measured and estimated seasonal high groundwater levels at each boring location. Groundwater levels can vary seasonally and with changes in subsurface conditions between boring locations. Alterations in surface and/or subsurface drainage brought about by site development can also affect groundwater levels. Change in the water elevation in the creek will also affect groundwater levels. Therefore, groundwater depths measured at different times or at different locations on the site can be expected to vary from those measured by GEC during this investigation. GEC Project No. 5436G 5 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park 8.0 DESIGN RECOMMENDATIONS The conclusions and recommendations contained in this report are based in part on the data obtained from a limited number of soil samples and the groundwater measurements obtained from widely-spaced borings. The sampling methods used indicate subsurface conditions only at the specific boring locations where samples were obtained, only at the time they were obtained, and only to the depths penetrated. Borings cannot be relied upon to accurately reflect the variations that usually exist between boring locations and these variations may not become evident until construction. If variations from the subsurface conditions described in this report do become evident during construction or if the project characteristics described in this report change, GEC should be retained to reevaluate this report’s conclusions and recommendations in light of such changes. We also recommend that GEC be allowed to review the construction plans prior to bidding so that we can verify that our recommendations were properly interpreted. 8.1 Gabion Baskets/Mattress Gabion basket are the proposed creek stabilization alternative for the creek slopes at Moss Park. GEC utilized the typical gabion basket geometry depicted on the 60% Plans provided by Pegasus and the subsurface data obtained at the boring locations. GEC utilized the FDOT approved software, GEO5 (Version 5.2024.29.0) – Gabion. This program implements the USA–LRFD design methodology and was utilized to analyze the proposed gabion baskets for overturning, slip/sliding, eccentricity, and bearing capacity. The analyses assumed only Strength I Limit State Load and Resistance Factors of the AASHTO LRFD Bridge Design Specifications. The minimum design criteria for verification of overturning, slip/sliding, eccentricity, and bearing capacity and the minimum factor of safety for global stability required by LRFD are as follows: Overturning Resisting Moment (Mresisting) > Overturning Moment (Moverturning) Slip/Sliding Resisting Horz. Force (Hresisting)> Acting Horiz. Force (Hacting) Eccentricity Allowable Eccentricity (eallowable) > Max. Eccentricity € Bearing Capacity Global Stability Factored Bearing Capacity of Soil (Rd footing bottom) Factor of Safety > 1.5 GEC Project No. 5436G 6 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park The geometry and limits of the proposed gabion baskets and the results of the analyses are summarized on Table 8 in the Appendix. The soil parameters utilized in the analyses are summarized on Table 7 in the Appendix. The results of our analyses are based on the geometry and soil parameters included in the Appendix for each critical section. If actual parameters vary from those assumed, GEC should be notified immediately to reevaluate this report’s conclusions and recommendations. Recommendations regarding general site preparation, fill placement and compaction and foundation subgrade preparation are included in the subsections of Section 9 of this Report. The following are additional construction and design recommendations for the proposed gabion retaining walls: A filter fabric should be placed between the gabion basket retaining wall and the granular backfill/in-situ soils to prevent soil migration. Recommend placement of rip-rap, ACB mat or extension of the gabion basket mattress layer across the channel bottom to prevent scour and undermining of the gabion wall foundation material. We recommend the wall manufacturer review the gabion basket design parameters utilized in GEC’s analyses for conformance with the proposed gabion basket system provided by the manufacturer. Gabion rock, baskets and other miscellaneous components of installation should meet the requirements of FDOT Standard Specification 530-2.3. 9.0 CONSTRUCTION RECOMMENDATIONS The following sections of this report include comments on issues related to the geotechnical aspects of the proposed construction. These recommendations are not intended to dictate construction methods or sequences. Instead, they are furnished as an aid to design professionals and to identify important construction issues related to foundation and earthwork plans and specifications. These recommendations may also be useful to personnel who observe construction activity. Prospective contractors for this project should evaluate potential construction problems on the basis of their review of the contract documents, their own knowledge and experience in the local area, and on the basis of similar projects in other localities, taking into account their own proposed methods and procedures. GEC Project No. 5436G 7 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park 9.1 General Site Preparation Our recommendations regarding routine site preparation of the slope stabilization areas can be summarized as follows: Remove all concrete, asphalt, rubble, vegetation and organic topsoil, major root systems, buried utilities, sprinkler systems and other deleterious materials from beneath and to a minimum of 5 feet beyond the proposed structure limits. Standard clearing, grubbing, and topsoil stripping procedures should be appropriate for the sites. Perform temporary dewatering as required to achieve proper site preparation, fill placement and compaction. Temporary diversion of the water flow in the river/creek/canal bottom will be required to facilitate installation of gabion walls and channel bottom erosion systems. 9.2 Fill Selection, Placement and Compaction Soils encountered in the borings appear suitable for use as structural fill. We recommend that all fill be selected, placed and compacted as follows: Use fill material comprised of non-plastic sands with less than about 12% fines content. The fill should not contain any significant amount of organic substances (less than 5% by weight) and should be substantially free from roots or other organic or deleterious materials. Our borings encountered sands with varying silt content (SP, SP-SM) which appear suitable for use as fill. Sands excavated above the water table may have to be wetted to attain the moisture content needed to achieve the required degree of compaction. Silty or clayey sands (SM, SC) may be exposed at the compaction surface during site preparation. These soils can be unstable during compaction if they contain excess moisture. The contractor should be prepared to manipulate the moisture content of unstable subgrade soils as necessary to achieve stability and compaction requirements. Place fill in level lifts no thicker than 12 inches. Thinner lifts may be needed to achieve compaction in the silty sands. Compact fill to a minimum of 95% of the soil's modified Proctor maximum dry density as determined by ASTM D-1557 for each lift of fill placed. GEC Project No. 5436G 8 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park Allow an Engineering Technician, working under the direction of a registered Geotechnical Engineer, to perform in-place density tests to verify that the recommended degree of compaction has been achieved. Provide fill slopes no steeper than 1.5 horizontal to 1 vertical. Compact fill placed in utility trenches to the specifications stated above. However, in restricted working areas, compact fill with lightweight, hand-guided compaction equipment and limit lift thicknesses to a maximum of 6 inches. All excavations, including utility trenches, should comply with the recommendations included in the Temporary Excavations section of this report. 9.3 Foundation Subgrade Preparation We recommend the following steps be taken during excavation and subgrade preparation associated with gabion wall construction: Excavate foundations in accordance with the recommendations presented in the Temporary Excavations section of this report. Compact subgrade soils to a depth of 12 inches below the bearing elevations to a minimum of 95% of the soil's modified Proctor maximum dry density as determined by ASTM D-1557. Perform in-place density tests to verify foundation subgrade compaction. Allow a Geotechnical Engineer, or his representative, to observe footing excavation conditions prior to placement of reinforcing steel or concrete. On the basis of the Geotechnical Engineer's observations, remove any unsuitable material encountered in the foundation excavations and replace with sand selected and compacted in accordance with the Fill Selection, Placement and Compaction section of this report. 9.4 Temporary Excavations The owner and the contractor should be familiar with local, state and federal safety regulations, including current Occupational Safety and Health Association (OSHA) excavation and trench safety standards. Construction site safety is the responsibility of the contractor. The contractor should also be responsible for the means, methods, techniques, sequences, and operations of the construction. The contractor should be aware that slope height, slope inclination, and excavation depths (including utility trench excavations) should not exceed those specified in local, state, or federal GEC Project No. 5436G 9 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park safety regulations; e.g., OSHA Health and Safety Standards for Excavations, 29 CFR Part 1926. OSHA regulations are strictly enforced and, if not followed, the owner, contractor, earthwork subcontractor or utility subcontractor could be liable for substantial penalties. The soil encountered in the borings performed by GEC at this site is primarily sand with varying amounts of silt. We anticipate that OSHA will classify these materials as Type C. OSHA recommends a maximum temporary slope inclination of 1.5 horizontal to 1 vertical for this soil type. Soils encountered in the construction excavations may vary significantly across the site. Our soil classifications are based on the materials encountered in widely-spaced borings. The contractor should verify that similar conditions exist throughout the proposed excavation area. If different subsurface conditions are encountered at the time of construction, GEC should be contacted immediately to evaluate the conditions encountered. Since excavations will be required in the vicinity of existing facilities, we recommend the following note be included in the project plans: Since excavations will be required in the vicinity of existing facilities, the contractor should be required to provide temporary support of pavements and structures adjacent to excavations. A facility condition survey should be performed prior to construction and movements or vibrations should be monitored in nearby structures during construction activities. Prior to performing the work, the contractor should provide a plan to the Engineer of Record for temporary support of existing facilities and for condition monitoring during construction. 10.0 REPORT USE AND LIMITATIONS This section of the report presents important information regarding the proper use of this report, our investigative methods and the limitations of this study. The test data, conclusions and recommendations presented in this report should be reviewed and applied with these limitations in mind. Subsurface Variability. The analyses and recommendations contained in this report are based in part on the data obtained from a limited number of soil samples and groundwater measurements obtained from widely-spaced borings. The sampling methods used indicate subsurface conditions only at the specific boring locations where samples were obtained, only at the time they were obtained, and only to the depths penetrated. Borings cannot be relied upon to accurately reflect the variations that usually exist between boring locations and these variations may not become evident until construction. Conditions at the boring locations can change over time. Groundwater levels fluctuate seasonally, and soil conditions can be altered by earthmoving operations. GEC Project No. 5436G 10 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park Manual Probes. Manual muck probes were performed by pushing a slender metal rod into the surficial soil and evaluating the relative resistance of the soil to manual penetration. Highly organic soils, such as muck and/or peat, are characteristically very soft and will easily yield to the manual probe. Manual probes, however, cannot detect peat or muck layers which are present beneath layers of sand or dense soils which cannot be penetrated by the probe. The probes can also penetrate to some extent in very loose sands which may be present beneath peat or muck layers. No soil samples are obtained for visual examination or laboratory testing when using this exploratory technique. The soil type being penetrated is inferred solely by evaluating the relative resistance of the soil to penetration. These limitations can lead to some under-estimation or over-estimation of peat or muck layer thicknesses. The probe data presented in this report should be evaluated with these limitations in mind. Soil Stratification.The depths and thicknesses of the subsurface strata indicated on the boring logs were interpolated between samples obtained at different depths in the borings. The actual transition between soil layers may be different than indicated. These stratification lines were used for our analytical purposes. Earthwork quantity estimates based on the results of the borings will vary from the actual quantities measured during construction. Groundwater Measurements. Groundwater levels can vary seasonally and with changes in subsurface conditions between boring and/or piezometer locations. Alterations in surface and/or subsurface drainage brought about by site development can also affect groundwater levels. Therefore, groundwater depths measured at different times or at different locations on the site can be expected to vary from those measured by GEC during this investigation. Groundwater Predictions. For purposes of this report, estimated seasonal high groundwater levels are defined as groundwater levels that are anticipated at the end of the wet season during a “normal rainfall” year under pre-development site conditions. We define a “normal rainfall” year as a year in which rainfall quantity and distribution were at or near historical averages. Construction Variations. If variations from the subsurface conditions described in this report do become evident during construction, GEC should be retained to reevaluate this report's conclusions and recommendations, and modify the recommendations included in this report, if needed, in light of such changes. Plans/Specifications Review. GEC should be provided with the construction plans and specifications prior to bidding so that we can verify that the recommendations presented in this report were correctly interpreted and incorporated into the plans and specifications. The recommendations in this report were not written in specification language and are not intended to be used verbatim as a part of the plans and specifications. This report should not be wholly incorporated into the project contract documents. GEC Project No. 5436G 11 Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park Design Changes. The conclusions or recommendations of this report should be disregarded if the nature, design, or location of the facilities is changed. If such changes are contemplated, GEC should be retained to review the new plans to assess the applicability of this report in light of the proposed changes. Contamination Exclusion. The sole purpose of the borings performed by GEC at this site was to obtain indications of subsurface conditions as part of a geotechnical exploration program. GEC has not evaluated the site for the potential presence of contaminated soil or groundwater, nor have we subjected any soil samples to analysis for contaminants. Report Reliance. GEC has prepared this report for the exclusive use of our client, Pegasus, and for specific application to this project. GEC is not responsible for any third party’s interpretation or use of this report’s subsurface data, engineering analysis or recommendations without our written authorization. Standard of Care. GEC has performed the services described in this report in a manner consistent with that level of care and skill ordinarily exercised by members of our profession currently practicing in Central Florida. No other representation is made or implied in this document. GEC Project No. 5436G A Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park FIGURES 34 20 10 6 6 28 29 24 6 34 31 27 31 10 20 31 31 27 20 6 99 20 27 20 11 99 27 99 10 10 T:\J5436G Erosion Control Gee Creek at Moss Park_Pegasus\7 CADD Files\ArcGIS\5436G QUAD.mxd 2/1/2024 U USGS Casselberry, FL Quadrangle Map Dated: 1994 NRCS Soil Survey of Seminole County, FL Seminole County Map Unit Legend 20 - Myakka and EauGallie fine sands 34 - Urban land, 0 to 2 percent slopes Approximate Project Site FIGURE NO. 1 0 2,0001,000 Feet 0 1,000500 Feet 919 LAKE BALDWIN LANE ORLANDO, FL. 32814 DANIEL C. STANFILL, P.E. P.E. LICENSE NUMBER 42763 Approximate Project Site !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( &< &<B1-A 4.6 | 0.5 | 4.0 0.0 | 0.0 | 2.8 B-2 0.1 | 1.1 | 2.5 3.3 | 0.1 | 0.5 1.1 | 0.1 | 3.0 0.0 | 0.0 | 3.5 0.0 | 0.0 | 1.8 2.7 | 0.0 | 1.3 2.0 | 0.0 | 1.3 0.2 | 0.3 | 3.5 1.1 | 0.3 | 3.0 0.0 | 0.0 | 3.3 0.0 | 0.0 | 1.5 2.0 | 0.1 | 2.2 0.0 | 0.0 | 2.0 3.8 | 0.4 | 2.5 3.1 | 0.2 | 1.1 T:\J5436G Erosion Control Gee Creek at Moss Park_Pegasus\7 CADD Files\ArcGIS\5436G MUCK.mxd 4/18/2024 FIGURE NO.0 2512.5 Feet 2APPROXIMATE MUCK PROBE LOCATION!( SURFICIAL MUCK THICKNESS (FT.) 3.1 | 0.2 | 1.1 LOOSE SEDIMENT THICKNESS (FT.) 919 LAKE BALDWIN LANE ORLANDO, FL. 32814 DANIEL C. STANFILL, P.E. P.E. LICENSE NUMBER 42763 APPROXIMATE SPT BORING LOCATION&<USTANDING WATER DEPTH (FT.) GEC Project No. 5436G A Report of Geotechnical Engineering Evaluation Pegasus Project No. WSC-22015 Erosion Control Countermeasures Within Gee Greek at Moss Park TABLES Table 7: Recommended Soil Parameters for Slope Stabilization Design Table 7 Summary of Recommended Soil Parameters for Design Erosion Control Countermeasure within Gee Creek at Moss Park GEC Project No. 5436G Page 1 of 1 Description Friction Angle (deg) Cohesion (psf) Moist Unit Weight (pcf) Saturated Unit Weight (pcf) *Encountered Ground Water Elevation (NAVD88) Estimated Season High Ground Water Elevation (NAVD88) Basket Fill Unit Weight (pcf) Basket Fill Friction Angle (deg) Nominal Bearing Capacity (psf) LRFD Bearing Capacity Factor Factored Allowalbe Bearing Capacity (psf) 0 - 18 Loose Sand 29 0 100 105 18 - 30 Mmedium Dense Fine Sand 30 0 105 110 Boring No. Depth (ft) 2000 Gabion Basket Design ParametersSoil Parameters Water Levels 105 40 5000 0.45B-1, B-2 +33.3 +35.5 Table 8: Gabion Basket External Stability Analyses Results Table 8 Gabion Basket Design Parameters Erosion Control within Gee Creek at Moss Park GEC Project No. 5436G Page 1 of 1 Description Minimum Embedment Depth (ft) 1Layer No.Width (ft) Height (ft) Offset (ft)Overturning Slip/Sliding Eccentricity Bearing Capacity 6 3.0 1.0 1 5 6.0 1.0 1 4 6.0 1.0 1 3 6.0 1.0 1 2 6.0 1.0 1 1 9.0 3.0 --- 4 6.0 3.0 1.5 3 7.5 3.0 3 2 10.5 3.0 1.5 1 12.0 3.0 --- 10 3.0 1.0 1 9 6.0 1.0 1 8 6.0 1.0 1 7 6.0 1.0 1 6 6.0 1.0 1 5 6.0 1.0 1 4 6.0 1.0 1 3 6.0 1.0 1 2 6.0 1.0 1 1 10.5 3.0 1.5 Notes 1. Layers are numbered from the bottom gabion basket to the top. Satisfactory Satisfactory Satisfactory Acceptable0+10 5 Concept 3.0 Satisfactory Approximate Station Unsupported Wall Height (ft) Design Criteria Verification Global Stability Gabion Basket Geometry Acceptable1+60 Satisfactory Satisfactory SatisfactorySatisfactory9 Concept 1.5 Satisfactory Satisfactory Acceptable2+10 9 Concept 1.5 Satisfactory Satisfactory iii APPENDIX A FIELD EXPLORATION METHODS A. FIELD EXPLORATION METHODS A.1 Standard Penetration Test Borings Standard Penetration Test (SPT) borings were drilled in general accordance with ASTM Standard D1586. The boreholes were advanced by the rotary wash method with bentonite-based mud used as the circulating fluid to help remove cuttings and stabilize the borehole. Casing was used as necessary to further stabilize the borehole and prevent loose surficial sands from raveling into the lower more stable portions of the borehole. After first hand augering the top 6 feet to help avoid damaging utilities, GEC’s field crew obtained SPT samples continuously in the borings to a depth of 10 feet and at 5-foot depth intervals thereafter. A GEC engineering technician supervised the drilling operation, and collected, examined and visually classified each sample. Representative samples were collected for further visual examination and classification in the GEC laboratory. SPT borings that penetrate the Hawthorn Group are grout-sealed upon completion. A.2 Groundwater Measurement A GEC engineering technician measured the depth to groundwater in the boreholes at the time of drilling and again after approximately 24 hours. A manual auger boring was performed adjacent to SPT borings that were grout sealed upon completion to record the groundwater depth. Once the 24-hour groundwater measurement was recorded, the boreholes were then backfilled with soil cuttings to prevailing ground surface. A.3 Manual Muck Probes Manual muck probes were performed by pushing a slender metal rod into the surficial soil and evaluating the relative resistance of the soil to manual penetration. Highly organic soils, such as muck and/or peat, are characteristically very soft and will easily yield to the manual probe. Manual probes, however, cannot detect peat or muck layers which are present beneath layers of sand or dense soils which cannot be penetrated by the probe. The probes can also penetrate to some extent in very loose sands which may be present beneath peat or muck layers. No soil samples are obtained for visual examination or laboratory testing when using this exploratory technique. The soil type being penetrated is inferred solely by evaluating the relative resistance of the soil to penetration. These limitations can lead to some under-estimation or over- estimation of peat or muck layer thicknesses. The probe data presented in this report should be evaluated with these limitations in mind. APPENDIX B DESIGN CALCULATIONS SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 2 – ADDITIONAL TECHNICAL INFORMATION EARTHWORK COMPUTATIONS 323334353637383131 313131 38.7538.7538.7538.75 38.7538.7538.7538.75 3030303031CITY OF WINTER SPRINGS, FLORIDA WITHIN GEE CREEK AT MOSS PARK EROSION CONTROL COUNTERMEAURES EARTHWORK COMPUTATIONS 90% CONSTRUCTION PLANS SEPTEMBER 30, 2024 SPECIFICATIONS Erosion Control Countermeasures within Gee Creek at Moss Park USDA NRCS Emergency Watershed Protection Program (EWP) PART 3 – APPROVED PERMITS EMERGENCY FIELD AUTHORIZATION (EFA) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Appendix A COST PROPOSAL WORKSHEET Bidder: ___________________________ Total Base Bid Amount = $ ___________________ By: ______________________________ Total Bid Alternate Amount (if Applicable) = $ __________________ Printed Name and Title Signature/Date: ____________________________ Total Amount ~ Base Bid and Bid Alternates = $ __________________ Estimated Completion Time: ________weeks from execution of Notice to Proceed to Final Completion Cost proposed is inclusive of all costs necessary to complete the project as defined in the ITB Item No.Pay Item Item Description Item Qty. Unit of Measure Unit Cost Total Cost 1 101-1a Mobilization 1 LS -$ 2 101-1b Bonds and Insurance 1 LS -$ 3 101-2a Survey and construction layout 1 LS -$ 4 101-2b Record drawings and as-built plans 1 LS -$ 5 102-1 Maintenance of traffic 1 LS -$ 6 102-60 Furnish, install and maintain project identification sign 1 LS -$ 7 102-99 Changeable variable message sign (temporary)21 DA -$ 8 104-0-1 Prevention, control and abatement of erosion and water pollution 1 LS -$ -$ 1 104-13-1 Staked silt fence, Type III 430 LF -$ 2 104-15 Gravel construction entrance (soil tracking prevention device)3 EA -$ 3 104-18 Inlet protection system 4 EA -$ 4 110-1-1 Clearing and grubbing 0.26 AC -$ 5 110-4-10 Removal of existing concrete 140 SY -$ 6 120-5 Channel excavation 250 CY -$ 7 120-6 Embankment 5 CY -$ 8 400-4-1 Concrete Class IV, 30" Pipe Collar 1 CY -$ 9 400-4-11a Concrete Class IV, Sheet Pile Cap 14 CY -$ 10 400-4-11b Modified Sheet Pile Cap, 8" Water Main Penetration 1 LS -$ 11 430-175-130 Pipe Culvert, Optional Material, Round,30" S/CD 7 LF -$ 12 455-133-3a Sheet Piling, Structural Engineering Design 1 LS -$ 13 455-133-3b Sheet Piling. Steel, Permanent 4,200 SF -$ 14 515-1-2 Pipe handrail - guiderail, Aluminum 105 LF -$ 15 522-1 Concrete sidewalk, 4"140 SY -$ 16 530-3-4 Riprap, Rubble, Ditch lining 150 TN -$ 17 530-74 Bedding stone 60.0 TN -$ 18 538-1 Guardrail, Reset (remove and replace existing)20 LF -$ 19 550-10-220 Fencing, Type B, 0-6 ft, Standard 148 LF -$ 20 550-60-222 Fence Gate, Type B, Single, 6.1-12.0 ft opening 1 EA -$ 21 570-1-2 Performance turf, Sod 1,000 SY -$ -$ ITB 11-24-07 PH Gee Creek at Moss Park Erosion Control Project Cost Proposal Worksheet Section 1 - General Category Sub Total Section 1 Section 2 - Construction Category Sub Total Section 2 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Appendix B BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal sum of Dollars ($ ) for the payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF WINTER SPRINGS a certain Proposal, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Work described as: Replacement of Inlet Valve NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver required certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure of the Principal; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such Bid; and said Surety does hereby give waive notice of any such extension. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ______day of _____, 2025, the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal) (Seal) (Title) (Address) (Surety) (Seal) (Title) (Address) (Witness) ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park APPENDIX C PERFORMANCE BOND FORM Bond No. __________________ BY THIS PERFORMANCE BOND, We ___________________, as Principal, whose address is ____________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal’s and Surety’s obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys’ fees under section 627.756, Florida Statutes, including costs and attorney’s fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER’S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 2. SURETY’S OBLIGATION UPON DELIVERY OF OWNER’S AFFIDAVIT OF CONTRACTOR’S BREACH OR DEFAULT. Upon the delivery of the OWNER’s affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY’S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY’S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal’s breach(es) or default(s), including, without limitation, fees (including attorney’s fees pursuant to section 627.756, Florida Statutes and related costs), expenses and costs for architects, ENGINEERs, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project, plus (iii) re-procurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety’s liability exceed the Penal Sum of this Bond. 5. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park 6. NO THIRD-PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ PRINCIPAL: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ OWNER: The City of Winter Springs Attention: Philip Hursh, Interim City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D’Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of laws provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER’s complete satisfaction, through the expiration of all warranty periods. Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: By: _______________________________ ____________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park APPENDIX D LABOR AND MATERIALS PAYMENT BOND Bond No. __________________ BY THIS LABOR AND MATERIALS PAYMENT BOND, We ___________________, as Principal, whose address is __________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407- 327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: ____________________________ By:_________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ (Date of Execution) (Date of Execution)