ITB-24-34 Lake Silver Western Shoreline.pdf

PDF 4 MB Posted Jul 3, 2024

Attached to: Lake Silver Western Shoreline Stabilization Project
Solicitation number: ITB-09582
Issued by: Polk County, Woodlawn Beach CDP, Florida

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Written by GovTribe AI · Jul 30, 2024

This document is an Invitation to Bid (ITB) issued by the City of Winter Haven, Florida for the Lake Silver Western Shoreline Stabilization Project. The project entails stabilizing the western shoreline of Lake Silver, which has suffered erosion over time due to the lake's steep slope and deep shape. The project will construct a 460-foot revetment along the shoreline near the pedestrian trail and skate park to protect the adjacent community amenities and habitat.

Bids are due by 2:00 PM on August 6, 2024, with a public bid opening immediately following. A site visit can be scheduled by contacting the City. The City will award a contract for the project, which must be completed within 120 calendar days of the notice to proceed, with an additional 30 days allowed for punch list items. The contract will utilize a City-issued Mastercard as the payment method, and the bidder must provide a list of three similar projects. The City reserves the right to reject any and all bids.

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July 3, 2024

INVITATION TO BID

ITB-24-34

Sealed Bids will be received by the City of Winter Haven until 2:00 P.M., AUGUST 6, 2024, at our online solicitation platform for the following:

“Lake Silver Western Shoreline Stabilization Project”

A public bid opening will be held immediately following the 2:00 deadline via Zoom at the following link:

https://mywinterhaven.zoom.us/j/89451677578?pwd=ErCkor5Tl9pz1SSdpEA3j7DvzqwiLU.1

The project specified shall be furnished in accordance with the Invitation To Bid, Specifications, and Terms and Conditions attached hereto and made a part hereof as if fully set forth herein and any other documents prepared for this bid.

Questions concerning this bid must be submitted on or before 2:00 p.m., JULY 26, to Dustin Everitt at deveritt@mywinterhaven.com . Questions received after this time may not be answered.

You may schedule a site visit by contacting Dustin at the email address listed above to make an appointment.

Public Records – It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency / Fla. Statute

– 119.01(1). (Do not submit any documents that you do not want to be made public).

NOTE: Bidders shall submit bids on the Proposal and Bid form in Excel format furnished by the City.

Please upload all other documents as one file for ease of access and to ensure receipt by the City.

Please note the Affidavit form which must also be completed. W-9 should be attached to the bid. Payment will be rendered to the name and ID appearing on the W-9.

The City of Winter Haven reserves the right to reject any and all bids, to waive informalities, to re-advertise, and to enter into a contract determined to be in its best interest, in accordance with the Terms and Conditions referenced herein above.

Sincerely, CITY OF WINTER HAVEN

Bethany Owen Bethany Owen Procurement Manager mailto:deveritt@mywinterhaven.com

LEGAL ADVERTISEMENT

INVITATION TO BID

ITB-24-34

The City of Winter Haven will receive Sealed Bids until 2:00 P.M., AUGUST 6, 2024.

“Lake Silver Western Shoreline Stabilization Project”

A public bid opening will be held immediately following the 2:00 deadline via Zoom.

Prospective bidders may obtain copies of the Invitation To Bid from the following website:

https://app.negometrix.com/buyer/690

Advertise: Weds, July 3 https://app.negometrix.com/buyer/690

PROPOSAL AND BID FORM

Proposal to furnish all labor, materials, equipment, plant and supervision necessary for the “Lake Silver Western Shoreline Stabilization Project”, in accordance with the Invitation To Bid, Scope of Work, Terms and Conditions, and any other documents prepared for this project.

ARTICLE 1

The Invitation To Bid, Terms and Conditions, and any other Contract documents prepared for this bid, and any addenda issued during the bidding period, are a part of this Proposal and Bid Form.

The Bidder received the following addenda during the bidding period:

Addendum Number _____ Date ______________ Addendum Number _____ Date ______________ Addendum Number _____ Date ______________ Addendum Number _____ Date ______________

The Bidder agrees to complete this project in accordance with the Contract Documents.

ARTICLE 2

The Bidder declares that he makes this proposal in good faith without collusion and without connection with any other person or persons bidding on this project.

Contractor must start within 20 days after receipt of Notice to proceed and project must be completed within 120 calendar days after receipt of Notice to Proceed. Pending lead time of materials, a separate “materials procurement” NTP may be issued, not to include the 120 construction days. The project must then have all punch list items completed within 30 calendar days after substantial completion has been achieved.

The Bidder declares he has examined the bid documents, visited the site of this project, and fully acquainted himself with all conditions which may affect completion of this project.

ARTICLE 3

The Bidder includes with the Proposal and Bid Form a certified check, a cashier's check, U.S. government bond (at par value), or a bid bond payable to the City of Winter Haven in an amount not less than five percent (5%) of the base bid (if bid amount is $100,000 or more).

ARTICLE 4

The contractor agrees to pay liquidated damages of $500/calendar day for every day past the 120 calendar days completion time that the project remains uncompleted. No additional time will be allotted for work stoppages not caused by a natural disaster or approved by the City of Winter Haven.

ARTICLE 5

The bidder, along with the Proposal and Bid Form, will provide a list of at least three (3) projects in similar scope and size, as specified in this Invitation to Bid.

PBF-1

Project Manager & Project name Job Date Location/City/State Phone Number & Email

PROPOSAL AND BID FORM

The Bidder, proposes and agrees to furnish all plans, permits, labor, material, services, supplies and equipment, and perform the Work required for construction for each item listed on PBF-3.

A City of Winter Haven Procurement Card will be accepted as method of payment. ____ YES ____ NO

NOTE: if Bidder checks “yes” above, Bidder agrees that the City may use a City issued Mastercard for the payment of any and all invoices submitted as a result of the performance of this bid.

By signing and submitting this bid, the undersigned bidder hereby certifies that the company is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria (for bid amounts of $1,000,000 or more). Any contract with the City of Winter Haven for goods and/or services of any amount, entered into on or after July 1, 2018, may be terminated at the sole option of the City of Winter Haven, at no cost to the City, if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or if the company is found to have submitted a false certification as provided under subsection (5) of F.S.287-135.

Date Name of Company

Authorized Signature Mailing Address

Title/Position City State Zip

Printed Name Email address

Federal Employer I.D. # (FEID) Telephone Number

State Registration # State Certification #

PBF-2

Lake Silver Shoreline Stabilization

Bidder Name: _______________________________

Item Description Quantity Units Unit Cost Item Total

1 Mobilization and Demobilization 1 LS

2 Insurance, Performance and Payment Bonds 1 LS

3 Construction Staking, Layout and Record Drawings 1 LS

4 Geotechnical Oversight, Testing and Assurance Letter 1 LS 5 Site Clearing/Demo/Debris Removal 460 LF 6 Erosion and Sediment Control 1 LS 7 Armor Stone 1,095 Tons 8 Filter Stone 625 Tons 9 Geotextile Fabric 1850 SY 10 Compacted Fill 30 CY 11 Site Restoration and Cleanup 1 LS

Grand Total -$

PBF-3

Note: The City is not responsible for mathematical errors. The quantities and unit costs are estimated. *The bidder is to make an independent assessment of the quantities and report any deviations or other pay items. The unit prices provide by the bidders are to be used as a basis of review for pay requests and for adjustments to the work if the Owner decides to expand or reduce the proposed work within 20 percent of what is shown hereon.

The final installation must be fully functional.

Com ple te & ret urn in

Exc el

City of Winter Haven Lake Silver Western Shoreline Stabilization Project

Project Description, Notes to Bidders and Information

The western shoreline of Lake Silver has been modified over the decades including during the development of the railroad. Over the decades, portions of the shoreline have started to erode. This is based on the unnatural steep slope within the littoral zone coupled with the Lake’s deep cone shaped morphology. The old railroad is now home to a pedestrian trail and skate park. Erosion has continued to wear away at this shoreline requiring significant repairs to protect the adjacent community amenities and littoral zone habitat.

The project must achieve substantial completion within 90 consecutive Calendar Days from the receipt of the Notice to Proceed. Pending lead time of materials, a separate “materials procurement” NTP may be issued, not to include the 90 construction days. The project must then have all punch list items completed within 30 Calendar Days after substantial completion has been achieved.

Working Hours: All regular work will be required to be completed during City Business Days. A City Business Day is defined as a day that the City is open during regular working hours, Monday – Friday between 7 a.m. and 5 p.m. The anticipated applicable following days are excluded as City Business Days – all Saturdays & Sundays and City Holidays.

The City will have the right to inspect and approve or reject all materials, workmanship and products related to this project. A detailed inspection schedule will be established with the successful contractor once the project is awarded.

Notes to Bidders Including Items to Include on Bid Pay Items

• A competent superintendent/foreman of the prime contractor must be on-site directing the work whenever construction is in progress. This person must have adequate authority to make project related decisions on behalf of the contractor and direct work of the prime and any sub-contractors on-site. This also includes situations where only a sub-contractor is on-site. This person shall coordinate a required daily report in person with the City Inspector or City’s representative each day. A stamped set of up-to-date approved plans must be on-site, at all times.

• Maintenance of Traffic - This corridor of the Chain of Lakes Trail is heavily traveled by pedestrians and cyclists. The contractor will ensure the Trail is to remain open and passable at all times, including during construction. If a closure is needed, it shall be minimal and an alternative route must be established by the contractor and approved by the City. All items regarding this pedestrian MOT or any additional MOT shall be included in the Mobilization Line Item.

• The cross sections reference an existing curb along this corridor. The curb is expected to remain. If a curb is damaged, it shall be replaced at the expense of the contractor.

• The contractor must properly maintain the silt fence and any erosion controls throughout the duration of the project. If additional measures are needed to prevent erosion, it will be the responsibility of the contractor to provide them. Erosion controls must be inspected and ensured functional every day, including non-work days if deemed necessary by the City or Contractor.

• The contractor shall ensure all workers / visitors to the work site wear appropriate personal protective equipment. At a minimum this shall include reflective vest.

• Each day, the contractor shall ensure equipment and materials are secure and stored/parked in an appropriate place.

• Smoking will not be permitted within the job site/corridor. Smoking may occur at designated areas the contractor has secured outside of the corridor if applicable. Contractors will dispose of any smoking products in an appropriate way and not throw them on the ground.

Project Must Comply with the following applicable documents and any applicable references therein:

1. Lake Silver Shoreline Protection Bid Sheet – P&BF 3

2. Lake Silver Shoreline Protection Plan Set

3. Lake Silver Shoreline Protection SWFWMD Permit

4. Lake Silver Shoreline Protection Draft FWC Grant Agreement

5. City of Winter Haven Terms and Conditions

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LAKE SILVER

SHORELINE PROTECTION

WINTER HAVEN, FLORIDA

3/30/2022

REVISED: 6/8/2022

PROJECT LOCATION

PREPARED FOR:

CARTER KAYE ENGINEERING

PREPARED BY:

APPLIED TECHNOLOGY MANAGEMENT

SHEET INDEX

SHEET NO. TITLE

1 COVER SHEET

2 ASSUMPTIONS &

CALCULATIONS

3 EXISTING AND PROPOSED

SITE PLANS

4 PROPOSED SECTIONS

Ppeterson PE stamp

Ppeterson 6-30-2022

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WATER LEVELS:

DATA SOURCE: SWFWMD

SAMPLE PERIOD: 1985 - 2019

MAXIMUM - 146.3' NAVD88

AVERAGE - 142.7' NAVD88

MINIMUM - 138.8' NAVD88

FDEP SAFE UPLAND LINE (SUL)- 144.9' NAVD88

SURVEYED WATER LEVEL (11/2021): 144.9' NAVD88

VESSEL ASSUMPTIONS:

· 20' WAKE-SURFING VESSEL

· SAILING DISTANCE: 0-25' FROM SHORELINE

USING GOUDEY AND GIROD 2015 CURVES:

DESIGN WAKE WAVE HEIGHT: 2 FEET

REVETMENT ASSUMPTIONS:

· CREST ELEVATION AT SURVEYED TOP OF BANK: ELEV. 148' NAVD88

· TOE ELEVATION 2' BELOW BOTTOM OF BANK: ELEV. 142' NAVD88

· 2H:1V SLOPE

· STONE PCF = 165

· KD = 2

· MINIMUM TWO-LAYER THICKNESS OF STONE FOR ARMOR AND BEDDING LAYER.

USING HUDSON'S EQUATION FOR STONE SIZING:

ARMOR STONE D50: 1'

BEDDING STONE D50: 3"

FIGURE 1. DIGITIZED DEEP WATER CURVES FROM GOUDEY AND GIROD 2015

FIGURE 2. HUDSON EQUATION CALCULATION

N: 1344211.97 E: 742967.90

N: 1344671.92 E: 742974.66

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NOTES:

1. SURVEY WAS COMPLETED ON 11/10/2021 BY PENNONI ASSOCIATES

2. WATER LEVEL ON 11/10/2021 WAS 144.9' NAVD88

3. SAFE UPLAND LINE (SUL) IS 144.9' NAVD88

4. VERTICAL DATUM IS NAVD88

5. HORIZONTAL DATUM IS NAD83 FLORIDA STATE PLANES, WEST ZONE, US FT.

ASPHALT

SIDEWALKSTORMWATER

GRATE

TOP OF BANK

EDGE OF WATER

ON 11/13/2021

BOTTOM OF BANK

FIXED DECK

STORMWATER

OUTFALL

STORMWATER

OUTFALL

LAKE SILVER

APPROX

PROPERTY

LINE

ASPHALT

SIDEWALKSTORMWATER

GRATE

TOP OF BANK

EDGE OF WATER

ON 11/13/2021

BOTTOM OF BANKSTORMWATER

OUTFALL

STORMWATER

OUTFALL

LAKE SILVER

APPROX

PROPERTY

LINE

19.2'

460.0'

A A

B B

A B B

EXISTING CONDITIONS

PROPOSED SITE PLAN

FIXED DECK

PROPOSED

REVETMENT

TURBIDITY CURTAIN

0 -10 -20 -30 -40 -50 -60

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NOTES:

1. SURVEY WAS COMPLETED ON 11/10/2021 BY PENNONI ASSOCIATES

2. WATER LEVEL ON 11/10/2021 WAS 144.9' NAVD88

3. SAFE UPLAND LINE (SUL) IS 144.9' NAVD88

4. VERTICAL DATUM IS NAVD88

5. HORIZONTAL DATUM IS NAD83 FLORIDA STATE PLANES, WEST ZONE, US FT.

PROPOSED SECTION A-A

PROPOSED SECTION B-B

MAX (146.3')

SUL (144.9')

AVG. (142.7')

MIN (138.8')

1' DIAM ARMOR STONE

FILTER LAYER (3" DIAM)

GEOTEXTILE FABRIC

CREST EL. 148' NAVD88

TOE EL. 142' NAVD88

EXISTING GRADE

EXISTING SIDEWALK CURB

3.6' 12.0' 3.6'

MAX (146.3')

SUL (144.9')

AVG. (142.7')

MIN (138.8')

1' DIAM ARMOR STONE

FILTER LAYER (3" DIAM)

GEOTEXTILE FABRIC

CREST EL. 148' NAVD88 TOE EL. 142' NAVD88

EXISTING GRADE

EXISTING SIDEWALK CURB

3.6' 12.0' 3.6'

REVETMENT NOTES:

1. REVETMENT ARMOR STONE SHALL BE A MINIMUM OF TWO UNITS THICK AND

BE PLACED TO MAXIMIZE CONTACT BETWEEN ADJACENT STONES.

2. SMALLER STONES SHALL BE USED FOR CHINKING TO ACHIEVE UNIFORM

INSTALLATION CONFORMITY TO LINES AND GRADES

3. ROCK SIZE SHOWN IN BASED ON A MINIMUM DRY UNIT WEIGHT OF 165 PCF.

4. CONTRACTOR SHALL VERIFY ALL QUANTITIES.

5. GEOTEXTILE SHALL HAVE A MINIMUM OVERLAP OF TWO FEET AND BE

SECURED AT TOE.

6. TEMPORARY EXCAVATION FOR CONSTRUCTION OF PROPOSED WORK SHALL

BE STOCKPILES AND REGRADED INTO EXISTING PROFILE ON WATERWARD

SIDE OF REVETMENT.

7. CONTRACTOR SHALL CONDUCT FILLING, GRADING, AND COMPACTION USING

APPROVED FILL MATERIAL COMPACTED IN SIX INCH LIFTS.

8. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OF THE PROPOSED

GEOTEXTILE DETAIL AT TOP AND TOE OF REVETMENT.

9. REMOVE ALL VEGETATION, TREES, EXISTING CONCRETE, RIP-RAP AND

OTHER DEBRIS WITHIN REVETMENT CONSTRUCTION LIMITS TO DESIGN

GRADE PRIOR TO INSTALLATION OF GEOTEXTILE AND REVETMENT. DISPOSE

OF ALL REMOVED MATERIALS IN A LEGAL OFFSITE LOCATION UNLESS

OTHERWISE DIRECTED BY THE OWNERS REPRESENTATIVE.

10. QUANTITY OF FILL IS APPROXIMATELY +/- 1 CY PER LINEAR FOOT BELOW

THE SAFE UPLAND LINE.

18636 Highlight

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

An Equal

Opportunity

Employer

Mike Herr/City of Winter Haven

451 Third Street N.W.

July 06, 2022

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Winter Haven, FL 33881

Subject: Notice of Intended Agency Action - Approval

ERP Minor Modification

Project Name: Lake Silver Shoreline Protection

App ID/Permit No:

County: Polk

841807 / 43015882.003

Letter Received: March 31, 2022

Expiration Date: July 06, 2027

S20/T28S/R26ESec/Twp/Rge:

Dear Permittee(s):

The Southwest Florida Water Management District (District) has completed its review of the application for

Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application.

The File of Record associated with this application can be viewed at http://www18.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service

Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637.

cc: Carter and Kaye Engineering, LLC

David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, 2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

An Equal

Opportunity

Employer

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

July 06, 2022

Mike Herr/City of Winter Haven

451 Third Street N.W.

Winter Haven, FL 33881

Subject: Notice of Agency Action - Approval

ERP Minor Modification

Project Name: Lake Silver Shoreline Protection

App ID/Permit No:

County:

841807 / 43015882.003

Polk

Letter Received: March 31, 2022

Expiration Date: July 06, 2027

Sec/Twp/Rge: S20/T28S/R26E

Dear Permittee(s):

The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved.

This modification to Environmental Resource Permit (ERP) No. 43015882.002 authorizes the following:

1. The installation of 460 linear feet of rip rap along the western slopes of Lake Silver, a non-sovereign submerged lands lake, adjacent to the Winter Haven Skate Park to address safety concerns due to the severe erosion of the existing shoreline. A minimal amount of backfilling will occur along the 460 linear feet to ensure proper slope and to allow for revegetation of the shoreline once the rip rap is installed.

2. Upon completion of the installation of the rip rap, the permittee shall notify the District and set up a site inspection. A secondary site inspection will be conducted six months after the project is completed to confirm the shoreline has naturally revegetated. If the shoreline has not revegetated, then additional planting of desirable wetland species may be required.

3. All other terms and conditions of Construction Permit No. 43015882.002 issued January 24, 2020, and entitled, Winter Haven Skate Park and MLK Park Amphitheater Improvements, apply.

Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter.

If approved construction plans are part of the permit, construction must be in accordance with these plans.

These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

Page 2 App ID/Permit No:841807 / 43015882.003 July 06, 2022

The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record.

If you have any questions or concerns regarding your permit or any other information, please contact the

Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Enclosures: Notice of Rights cc: Carter and Kaye Engineering, LLC

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.

RECIPIENT/SUBRECIPIENT AGREEMENT

STATE OF FLORIDA

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWC Agreement 23236

This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter “Commission” or “FWC,” and City of Winter Haven, Florida, a municipal corporation organized and existing under the laws of the State of Florida, 59-6000453, whose address is 451 3rd Street NW, Winter Haven, FL 33881, the Recipient/Subrecipient, hereinafter “Recipient”, collectively, “Parties”.

INTRODUCTORY CLAUSES

WHEREAS, Commission and Recipient intend to partner together to complete a shoreline stabilization project on Lake Silver in Winter Haven, FL per the specifications in Attachment A - Scope of Work attached hereto and incorporated herein by reference. The Recipient will construct a 460-ft revetment along the eroded shoreline of Lake Silver to stop current and future erosion caused by wave and wind action. The revetment will be built along the western shoreline at Martin Luther King Jr. Park.

WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare.

TERMS OF THE AGREEMENT

The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows:

Section 1. PROJECT DESCRIPTION.

The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Agreement is the result of Recipient responses to the Commission’s request for competitive or other grant proposals, the Recipient’s response is hereby incorporated by reference.

Section 2. PERFORMANCE.

The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By

FWC Agreement No. 23236

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 2 of 29 acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good-faith performance as a responsible Recipient.

The Recipient shall immediately notify the Commission’s Contract Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient’s ability to perform under this Agreement becomes compromised.

Section 3. AGREEMENT PERIOD.

A. Agreement Period and Commission’s Limited Obligation to Pay.

The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 06/30/2025.

However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission’s Contract Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement.

For this Agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period.

B. Extension.

The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding.

Section 4. COMPENSATION AND PAYMENTS.

A. Compensation.

As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $250,000.

B. Payments.

The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission’s Contract Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period.

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 3 of 29

C. Invoices.

Each invoice shall include the Commission Agreement Number and the Recipient’s Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission’s Contract Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.

Recipient acknowledges that the Commission’s Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses.

D. Match

If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A.

E. State Obligation to Pay.

The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an “annual appropriation” of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission’s Contract Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available.

F. Non-Competitive Procurement and Rate of Payment.

Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S.

G. Cost Reimbursement

If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures.

Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit.

https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/referenceguideforstateexpenditures4a8dd8e7f6fd4eaeb3eb12363d341f74.pdf?sfvrsn=ae70963d_2 https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/referenceguideforstateexpenditures4a8dd8e7f6fd4eaeb3eb12363d341f74.pdf?sfvrsn=ae70963d_2

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 4 of 29

Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met.

Listed below are types and examples of their supporting documentation:

i. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period.

Documentation must be provided to show compliance with 215.971, F.S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.

iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices.

v. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements).

vi. In-House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement’s budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently.

For cost reimbursement Agreements with another State agency (including State universities):

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 5 of 29

In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail.

H. Time Limits for Payment of Invoices.

Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty

(40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency.

I. Electronic Funds Transfer.

Recipient agrees to enroll in Electronic Funds Transfer (EFT), offered by the State’s Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at:

https://www.myfloridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida’s EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT.

J. Vendor Ombudsman.

A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer’s Hotline, (800) 342-2762.

Section 5. RETURN OR RECOUPMENT OF FUNDS

A. Unobligated Funds.

Pursuant to Section 215.971(1)(d)-(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well.

B. Overpayments to Recipient.

Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission’s Contract Manager and made payable to the “Florida Fish and Wildlife Conservation Commission.”

https://www.myfloridacfo.com/division/aa/vendors

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 29

C. Additional Costs or Monetary Loss Resulting from Recipient Non-Compliance.

If the Recipient’s non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S.

Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN.

A. Commission Exempt from Taxes.

The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission’s Contract Manager.

B. Property Exempt from Lien.

If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies:

The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder.

Section 7. MONITORING.

The Commission’s Contract Manager shall actively monitor the Recipient’s performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A.

Section 8. TERMINATION.

A. Commission Unilateral Termination.

The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience.

Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 29

B. Termination – Fraud or Willful Misconduct.

This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of…

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