SPECIAL PROVISIONS

Horizon West Trail Phase 1A

1. SCOPE OF WORK: The project consists of the construction of a 12’ to 14’ wide multi-use trail from Tiny Road to Stoneybrook West Parkway for a total distance of 0.668 miles.

This includes a concrete trail, asphalt trail with ribbon curb, and concrete boardwalk. Trail will also include pedestrian/bicycle picket railing, Type B fencing, signing and markings, sod, and miscellaneous drainage structures. A rest area, including bike rack, trash receptacles, and water fountain will also be provided with this project. All pedestrian features are to adhere to current ADA standards. Coordination with adjacent projects will be required for the intersection improvements at Tiny Road and Tilden Road, and for Utility Agency/Owner (UAO) adjustment of existing utilities on Tiny Road.

2. CONSTRUCTION SCHEDULE This work requires Substantial Completion in 270 days from the date of Notice of Proceed with Final Completion in 300 days.

3. CONTRACTOR’S RESPONSIBILITIES:

a. Site Investigation: The CONTRACTOR shall be responsible for satisfactorily determining, prior to the submission of a bid, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrate or groundwater table conditions will not be allowed.

Information available to the COUNTY on subsoil conditions is available to bidders as information only and solely for the convenience of bidders. The COUNTY does not warrant or guarantee the accuracy or correctness of this information with respect to actual subsurface conditions. The CONTRACTOR agrees that he will make no claims against the COUNTY if, in carrying out the work, he finds that actual conditions encountered do not conform to those indicated.

Information shown on the plans as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be the CONTRACTOR'S responsibility to determine the location, character and depth of any existing utilities and to assist the utility companies, by every means possible, to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from the CONTRACTOR'S activities.

Unless otherwise noted, the CONTRACTOR shall take ownership of all materials encountered which are designated to be removed or not incorporated into the Work, such as paving materials, paving brick, asphalt block, RAP/Milled material, concrete slab, sidewalk, curb and gutter, pipe materials, etc., excavated in the removal of existing pavements, and dispose of them outside of the right-of-way.

Payment for this item shall be included in Pay Item No. 110-1 Clearing and Grubbing.

b. Video Survey: The CONTRACTOR shall submit a quality video documenting before and after construction field conditions for the entire project. The COUNTY will approve all views.

c. Supervision and Superintendence: The CONTRACTOR shall provide a competent superintendent at the site at all times while work is in progress to act as the CONTRACTOR’S agent. The superintendent shall be capable of properly interpreting the Contract Documents, have sufficient experience in highway/street construction, and be able to speak and understand English. The superintendent shall have full authority to receive instructions from the COUNTY and to execute the orders or directions of the COUNTY, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. The CONTRACTOR shall furnish the qualifications of the proposed superintendent to the COUNTY at the preconstruction conference. The COUNTY will be the sole determiner of whether or not the experience of the superintendent is sufficient for the purposes of this paragraph. At least one other responsible person who speaks and understands English shall be on the project during all working hours.

d. Supervision for Emergencies: A responsible person, who speaks and understands English, shall be available at or reasonably near the worksite on a 24 hour basis, seven days a week. This person shall be designated as the point of contact for emergencies and in cases that require immediate action to maintain traffic or to resolve any other problem that might arise. A list of the phone numbers and names of personnel designated to be contacted in cases of emergency, along with a description of the project location, shall be submitted, by certified mail, to the Florida Highway Patrol and all other local law enforcement agencies.

e. Protection of Property: The CONTRACTOR shall be responsible for any damage whatsoever whether occurring within or outside of the boundaries of the PROJECT including any property adjacent to the PROJECT when such damage is caused in whole or in part by any act of the CONTRACTOR or any employee, agent or subcontractor working under, with or in privity to the CONTRACTOR. The CONTRACTOR and all the aforementioned parties shall stay off private property adjacent to the PROJECT unless the CONTRACTOR receives from the affected property owner a written release, which specifically releases the COUNTY from any liability for any damage to such property caused by any acts other than those of the COUNTY. This written release must be acceptable in form to the COUNTY and delivered to and accepted by the COUNTY before the CONTRACTOR makes any entry upon such private property. The CONTRACTOR shall also obtain all necessary permits and approvals from all regulatory agencies for all activities to be conducted by the CONTRACTOR on private property. Necessary approvals may include but are not limited to the United States Army Corps of Engineers, the United States Environmental Protection Agency, the Florida Department of Environmental Protection, the Florida Department of Transportation, the applicable Water Management District, the Orange County Environment Protection Division (EPD), and applicable municipal agencies for properties located within incorporated areas.

The CONTRACTOR shall provide written documentation to the COUNTY of the necessary approvals and permits which have been obtained.

At the preconstruction conference, the CONTRACTOR shall submit to the COUNTY a current aerial map (11” x 17” minimum size) depicting at a minimum the temporary staging area including property lines, easement lines, and right-of-way lines. The Orange County Highway Construction Division will submit the aerial map to the Manager of the Orange County Environmental Protection Division (EPD) with a request to perform a cursory review of the CONTRACTOR’S proposed temporary staging area. Within 30 calendar days of receipt of the request, EPD will provide a summary to Orange County Highway Construction Division of any natural resource issues or concerns that occur on the site for the CONTRACTOR’S consideration. CONTRACTOR is hereby notified that the proposed temporary staging area shall not be utilized until such time as EPD completes their cursory review and all other items within the contract documents pertaining to the temporary staging area are satisfied. No additional time or special compensation will be made to the CONTRACTOR to defray costs of any of the work or delays for complying with the requirements of the above.

f. Compliance with Time Requirements: The CONTRACTOR shall commence work in accordance with the accepted Work Progress Schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s) set forth. Should the CONTRACTOR fail to furnish sufficient and suitable equipment, forces, and materials, as necessary to prosecute the work in accordance with the accepted schedule, the COUNTY may withhold all estimates that are, or may become due, and/or suspend the work until the CONTRACTOR corrects such deficiencies.

g. Project Progress Aerial Photographs: The CONTRACTOR shall submit digital aerial photographs monthly with progress payment requests. The first set of digital aerial photographs must be taken prior to any clearing and grubbing. The digital aerial photographs shall be in color. Exposures shall be made at 10 per mile (10 per

1.6 km) minimum plus one exposure for each offsite construction area. The

COUNTY will approve all views. Payment for this item will be included in other items of work.

h. Use of Public Roads and Streets: Use of public streets shall be such as to provide a minimum of inconvenience to the public and to traffic. Any earth or excavated material spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the COUNTY. Cleaning may include street sweeping and/or washing, if so directed by the COUNTY.

The CONTRACTOR shall provide vehicular access to each residence, subdivision and other public roads at all times.

i. Use of Explosives: No blasting shall be done except upon approval by the COUNTY and the governmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the COUNTY as necessary for the execution of the work, the CONTRACTOR shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from his blasting operations, and whenever directed, the number and size of the charges shall be reduced.

All explosives shall be stored in a secure manner and all such storage places shall be clearly marked, "DANGER EXPLOSIVES" and shall be in care of competent watchmen. All permits required for the use of explosives shall be obtained by the CONTRACTOR at his expense. All requirements of the governmental agency issuing permit shall be observed.

j. Damage to Existing Structures and Utilities: The CONTRACTOR shall be responsible for and make good all damage resulting from his activities, both within and beyond the limits of this contract, to buildings, bridges, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures, which may be encountered, whether or not shown on the plans.

k. Submission of Working Schedule: The CONTRACTOR shall provide a schedule that shows the various activities of work in sufficient detail to demonstrate a reasonable and workable plan to complete the project within the established Contract Time. The order and interdependence of activities and the sequence for accomplishing the work shall be shown. All activities shall be described in sufficient detail so that the COUNTY can readily identify the planned work and measure the progress of each activity. Each activity will be shown with a beginning work date, duration, and monetary value.

Activities for the procurement, fabrication, and/or delivery of materials, batch plants, and equipment shall be included.

Activities for the review of shop drawings and submittals shall be included.

Activities indicating coordination with utility owners that have facilities within the limits of construction requiring adjustment or relocation shall be included.

Milestone activities, when required by the Contract Documents, shall be included.

In a project with more than one phase, each phase and its completion date shall be adequately identified. Activities will not be allowed to span more than one phase.

The CONTRACTOR shall submit a narrative with the schedule, consisting of a concise written description of the construction plan.

An updated Work Progress Schedule shall be submitted monthly to the COUNTY.

All changes in the planned order start or finish dates, or duration of an activity will be applied.

A revised Work Progress Schedule shall be submitted to the COUNTY for acceptance when significant changes are made to the logic or durations of the activities. The COUNTY will review the corrected schedule and respond within 7 calendar days of receipt.

The COUNTY will return inadequate schedules to the CONTRACTOR for corrections. A corrected schedule shall be resubmitted within 15 calendar days from the date of the COUNTY’s return transmittal. By acceptance of the schedule, the COUNTY does not endorse or otherwise certify the validity or accuracy of the activity durations or sequencing of activities.

The COUNTY will use the initially accepted schedule as the baseline against which to measure progress and identify critical activities that are controlling items of work.

If the CONTRACTOR fails to finalize either the initial or a revised schedule in the time specified, the COUNTY will withhold all Contract payments until the schedule is accepted.

l. Work Hours: Project work hours shall be between 7:00 AM and 6:00 PM Monday through Friday, exclusive of normal Orange County holidays, unless approved otherwise by the COUNTY. The CONTRACTOR shall request approval from the

COUNTY at least 72 hours in advance for work outside those hours. Work before 7:00AM or after 3:30PM, or on days other that the above-described normal workdays, and requiring the presence of the COUNTY'S RESIDENT PROJECT REPRESENTATIVE shall require that the CONTRACTOR reimburse the COUNTY for the salary and overtime cost of the RESIDENT PROJECT REPRESENTATIVE. Reimbursement shall be made by the CONTRACTOR at the rate of $45.00 per hour by check payable to the Board of County Commissioners accompanying each monthly pay request. Each pay request shall include a tabulation of the overtime dates, times, hours and costs for the pay period. The amount of the check shall agree with the tabulated total. In the event the CONTRACTOR chooses to not submit a pay request when normally due for work he has completed, reimbursement still required for the resident project representative on monthly basis and shall include the tabulation of the overtime worked during the preceding month. Payment must be made for overtime work performed to address emergencies outside the above-described normal working hours, unless the RESIDENT PROJECT REPRESENTATIVE determines, at his or her sole discretion that the emergency is the result of actions by third parties.

m. Care of trees, Shrubs and Grass: The CONTRACTOR shall maintain in good condition all cultivated grass plots, trees and shrubs beyond the grading limits of this Contract. After completion of the work, the CONTRACTOR shall replace or restore to the original condition all destroyed or damaged shrubbery or grass areas.

Tree limbs, which interfere with equipment operation and are approved for pruning, shall be neatly trimmed and the tree cut coated with tree paint.

n. Final Clean Up: The entire street shall be cleaned by sweeping or washing, as determined by the COUNTY, prior to final acceptance.

4. WORK BY OTHERS AND UTILITY COORDINATION: The CONTRACTOR shall cooperate with owners of any underground or overhead utilities in their removal and relocation operations, in order that these operations may progress in a timely, reasonable and orderly manner and that service rendered by these parties will not be interrupted.

Excavators shall comply with Florida Statutes, Chapter 556, regarding notification of existing gas and oil pipeline company owners prior to excavating. Evidence of such notice shall be furnished to the COUNTY prior to excavating. During the period of this contract the CONTRACTOR shall coordinate all utility relocations and adjustments necessary for the project. The CONTRACTOR shall conduct meetings weekly or at a frequency approved by the Engineer with all affected Utility Owners, and the minutes of those meetings shall be distributed to each Utility owner, the COUNTY, and any other affected entity. The CONTRACTOR shall incorporate the durations listed in the Utility Relocation Schedules into his Contract Schedule, and transmit copies of that schedule to each Utility owner. The CONTRACTOR shall constantly communicate the status of the progress of the project to the Utility Owners, and advise them of any potential impacts to the progress due to the presence of the utilities. The CONTRACTOR shall keep the COUNTY apprised of all developments related to Utility Relocation and job progress. The CONTRACTOR shall coordinate during the period of this contract with the applicable lighting facility owners for the installation of roadway lighting facilities for the project. The CONTRACTOR shall not be entitled to additional compensation from the COUNTY as a result of failure of any utility to remove, relocate, or install their facilities within any particular time frame.

5. CHANGE OF CONTRACT AMOUNT AND CONTRACT TIME: The number of days of any change to the contract time incorporated by Change Order shall be applied to both the Substantial Completion time and the Final Completion time.

6. WARRANTY AND GUARANTEE, ACCEPTANCE OF DEFECTIVE WORK:

Tests and Inspections: The cost of laboratory testing routinely performed on the job site or subsequent to samples typically retrieved from the job site, shall be borne by the COUNTY, except for testing called for in the Technical Provisions to be provided by the CONTRACTOR. Concrete and Soil-Cement mix design, and groundwater testing costs shall be borne by the CONTRACTOR. The CONTRACTOR shall also be responsible for the PDA testing per the governing Standard Specification. Verification testing for the PDA will be done by the

COUNTY.

The Record Laboratory is the testing laboratory contracted by the COUNTY. Only results of testing by the Record Laboratory shall be considered in evaluating the CONTRACTOR'S compliance with contract requirements.

The CONTRACTOR may be required to reimburse the COUNTY for the cost of all failed tests, including consultant fees, when the percentage of failed tests exceeds 15% of all tests taken. At the COUNTY’S discretion these costs may be deducted from the contract amount.

7. SURVEY REQUIREMENTS:

a. General: The CONTRACTOR shall employ a Professional Surveyor and Mapper (PSM), registered in the State of Florida and satisfactory to the COUNTY, to lay out the work for benchmarks, vertical and horizontal features noted on the Contract Documents, established at the site, or supplied by the COUNTY. The CONTRACTOR shall provide the COUNTY at the pre-construction conference, the name of the Professional Surveyor and Mapper to perform Project survey work.

All work of every description shall be laid out and checked by the CONTRACTOR who will be held solely responsible for its correctness. Work may be checked by the COUNTY and, in the event of a discrepancy, the COUNTY'S decision shall be final.

No special compensation will be made to the CONTRACTOR to defray costs of surveys and measurements, but such costs shall be considered as having been included in the price stipulated for all items of work to be done under this contract.

Prior to the beginning of any construction the CONTRACTOR shall submit to the COUNTY a set of field notes verifying that the existing benchmark elevations are relative to at least two reference benchmarks shown on the construction plans and a tie to one established Orange County Vertical Benchmark. The CONTRACTOR shall also verify ties from project control points to reference points as shown on the construction plans. A set of field notes for all additional benchmark and reference point ties shall be submitted to the COUNTY. All submittals shall be signed and sealed by a Professional Surveyor and Mapper registered in the State of Florida.

Within twenty-one (21) calendar days after receiving the Notice to Proceed, the CONTRACTOR shall have a licensed Professional Surveyor and Mapper establish in the field the proposed roadway centerline, right-of-way and construction easements using wooden 1" X 4" X 4'0" stakes at a maximum spacing of 100 feet.

Stations shall be marked on each stake and shall be of sufficient size and clarity that they can be easily read by the unaided eye at a distance of 150 feet. Right-of-way and construction easement staking shall be maintained by the CONTRACTOR throughout construction. No invoice for payment will be processed until the right-of-way has been staked to the satisfaction of the ENGINEER. Payment is included in the price for bid item number 101-1 “Mobilization”. The CONTRACTOR shall pay all expenses in connection with this work.

All survey work shall comply with Chapter 5J-17 Standards of Practice, Florida Administrative Code (F.A.C.), regarding minimum technical standards for land surveying in the State of Florida.

The CONTRACTOR shall perform all calculations required, and set all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge, and miscellaneous items.

When performing utility construction as part of the project, the CONTRACTOR shall establish all horizontal and vertical controls necessary to carry out such work.

b. Specific Staking Requirements: When performing new base construction as part of the project, the CONTRACTOR shall set stakes to establish lines and grades for subgrade, base, curb, and related items at intervals along the line of the work no greater than 50 feet on tangents and 25 feet on curves. The CONTRACTOR shall set grade stakes at locations that the Engineer directs to facilitate checking of subgrade, base, and pavement elevations in crossovers, intersections, and irregular shaped areas.

For bridge construction stakes and other control, the CONTRACTOR shall set references at sufficiently frequent intervals to ensure construction of all components of a structure in accordance with the lines and grades shown in the plans.

For projects where the plans do not show a centerline or other survey control line for construction of the work (resurfacing, safety modifications, etc.), the CONTRACTOR shall provide only such stakes as necessary for horizontal and vertical control of work items.

For resurfacing and resurfacing-widening type projects, the CONTRACTOR shall establish horizontal controls adequate to ensure that the asphalt mix added matches with the existing pavement. In tangent sections, set horizontal control points at 100 foot intervals by an instrument survey. In curve sections, set horizontal control points at 25 foot intervals by locating and referencing the centerline of the existing pavement.

The CONTRACTOR shall establish by an instrument survey, and mark on the surface of the finished pavement at 25 foot intervals, the points necessary for striping of the finished roadway. As an exception, for resurfacing and resurfacing/widening projects, the CONTRACTOR shall establish these points in the same manner as used for horizontal control of paving operations. The CONTRACTOR shall mark the pavement with white paint. If performing striping, the COUNTY may approve an alternate method for layout of striping provided that the CONTRACTOR achieves an alignment equal to or better than the alignment that would be achieved using an instrument survey.

For projects that include temporary or permanent striping of “no passing zones”, the CONTRACTOR shall provide the location and length of these zones as shown in the plans, except projects where the vertical or horizontal alignment is new or altered from the preconstruction alignment. For projects that consist of new or altered vertical or horizontal alignment, the COUNTY will provide the location and length of the "no passing zones" during construction. For these projects, the CONTRACTOR shall notify the COUNTY not less than 21 calendar days prior to beginning striping.

c. Benchmarks: During construction the CONTRACTOR shall provide a Control Point Aluminum Disk set in concrete (e.g. in headwalls, back of sidewalks, back of inlets, etc.) at the beginning and end of the project and at a maximum of 1100 feet between existing or established benchmarks along the project alignment – (see attached disc requirements). The CONTRACTOR’S PSM shall conduct a three-wire leveling run (closed loop) through the benchmarks based on Orange County Datum NAVD88 (or other datum as specified on the Engineering plans). The level work will be performed to Second Order, Class II standards (or better) and the maximum allowable error will be no more than 8 mm times the square root of “K”, where “K” is the total distance in kilometers. This is also approximately equivalent to 0.035 feet times the square root of “K”, where “K” is the total distance in miles.

The level run will be performed with a geodetic automatic level or better whose three wires will be read to 0.001 meters or 0.001 feet. Invar rods are preferred but not required. Digital automatic levels with associated bar code rods are also acceptable. Prior to the issuance of final completion, the CONTRACTOR shall submit a copy of the field notes certified by the PSM to the COUNTY. Benchmark elevations shall be expressed in English units.

Orange County survey monuments shall be aluminum or brass stamped as shown on the attached sketch. The contractor shall procure the monuments from any commercial supplier of survey monuments. The contractor is advised that the County obtains its monuments from Berntsen International, Inc.;

www.berntsen.com Berntsen disc no. C35D-(3-1/2" domed) Logo no. B9119 (800- 356-7388).

d. Control Points: Upon completion of construction, all permanent control points (PCPs) depicted on the survey control sheet of the construction plans shall be established along the construction centerline. PCPs located on hard surfaces such as pavement or concrete shall be installed as “P.K.” nails and discs or another durable and identifiable form of monumentation, subject to approval by the County Surveyor or authorized agent. PCPs located on soft surfaces shall be marked with 4” x 4” concrete monuments, ensuring a minimum length of 24”. Each point will bear a durable cap or disk inscribed with either the Florida registration number of the professional surveyor and mapper in charge or the certificate of authorization number of the legal entity, preceded by LS or LB as applicable, and the letters

"PCP."

e. Property Corners: For property corners disturbed during construction, new markers shall be established at the intersections of property lines and right-of-way lines for all Orange County construction projects. At every juncture in right-of-way lines, points of curvature (PCs), and points of tangency (PTs), as well as at intervals no greater than 1,000 feet along the right-of-way line, markers meeting the specifications outlined in the "Control Points" section will be installed. These markers will display either the surveyor's registration number or the licensed business number.

f. Public Land Corners: All 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 COUNTY, and the COUNTY SURVEYOR, without delay, by telephone. The CONTRACTOR shall provide written follow-up confirmation within forty-eight (48) hours of telephone notification. In the event that a land corner is disturbed or damaged it will be reset with a 4” x 4” concrete monument, which shall be protected in a cast iron valve box, if in pavement.

Prior to the issuance of final completion, the CONTRACTOR shall submit certified corner records, prepared by a Professional Surveyor and Mapper, for all altered, reset and/or relocated public land corners to the Florida Department of Environmental Protection, Bureau of Survey and Mapping, in accordance with the requirements of Chapter 177.507 of the Florida Statutes. A certified copy shall also be provided to the COUNTY. Furthermore, the Professional Surveyor and Mapper will note on the AS-BUILT PLANS the location of all corners set or found and submit copies of all field notes to the County Surveyor or his/her agent.

g. National Geodetic Survey (N.G.S.) / United States Coast & Geodetic Survey

(U.S.C. & G.S.) Monuments: The CONTRACTOR shall immediately notify the COUNTY of any N.G.S. / U.S.C. & G.S. monuments which may be in danger of being disturbed. For instructions on how to relocate any N.G.S. monuments the CONTRACTOR shall notify in writing:

State Geodetic Advisor Orange County Surveyor Bureau of Surveying and Mapping Public Works Engineering Division 3900 Commonwealth Blvd., Suite 105 4200 S. John Young Parkway Tallahassee, FL 32399-3000 Orlando, FL 32839-9205 Phone: (850) 245-2606 Phone: (407) 836-8672

Fax: (850) 245-2645

h. The CONTRACTOR shall bear all costs of establishing, relocating or re-establishing all disturbed N.G.S. monuments, public land corners, property corners, or right-of-way monuments.

Survey field book(s) shall be used throughout the course of the project by the contractors PSM.

The complete survey field book(s) shall be submitted to the County Surveyor concurrently with the submission of the CONTRACTOR’S requisition for final payment. When a data collector is used, the CONTRACTOR shall also submit a paper copy of the raw data files bound in a book, together with the electronic copy on a thumb drive.

i. Red line As-Built Plans: AS-BUILT PLANS shall be used for no other purpose than recording changes, shall be updated at least once weekly, and stored separate and apart from plans used on a routine basis. They shall show locations and elevations of paving, swales, ditches, pipes and structures constructed, and all relocated or reset property corners, section corners and ¼ section corners. The AS- BUILT PLANS shall be available to the COUNTY upon request. Upon the completion of the project the CONTRACTOR shall submit to the COUNTY one set of signed and sealed AS-BUILT PLANS and PDF file on thumb drive. These AS-BUILT PLANS shall delineate all revised information in bold notation and include the As-Built Survey Requirements as stated in the Technical Provision.

A paper copy of the plans available at all times at the job site during the entire duration of the project marked up in red by the CONTRACTOR and showing all deviations from the design locations and elevations.

The CONTRACTOR shall submit an updated copy (paper or pdf file on thumb drive) of the red line As-Built Plan concurrent with each application for progress payment. The update red line As-Built Plan shall focus on the period from the last red line As-Built Plan to the current red line As-Built Plan submitted with the application for progress payment. The updated red line As-Built Plan shall be reviewed and approved by the Orange County Inspector prior to the CONTRACTOR’S submittal. The CONTRACTOR’S failure to submit an updated copy (paper or pdf file on thumb drive) of the red line As-Built Plan as described herein with an application for progress payment shall be sufficient reason for rejection of the progress payment request. Should the COUNTY reject the updated red line As-Built Plan submitted, the entire progress payment request shall be rejected and must be resubmitted.

The CONTRACTOR'S request for final payment shall be accompanied by one complete, legible set of final signed and sealed AS-BUILT PLANS and PDF file on disc from a licensed Professional Surveyor and Mapper. The cost of the AS-BUILT PLANS and pdf file shall be included in the pay item 900-1, This cost covers roadway bid items only and does not cover the Orange County Utilities or other third party AS-BUILT PLANS.

8. UTILITY IMPROVEMENTS: Utility adjustments to be completed by Utility

Agency/Owners (UAOs). Water meter for proposed water fountain to be installed by City of Winter Garden. The CONTRACTOR shall install proposed water fountain and associated water lines.

9. UTILITY COORDINATION: Coordinate with Utility Agency/Owners (UAOs) for schedule of proposed utility adjustments along Tiny Road and Stoneybrook W Parkway.

The CONTRACTOR shall coordinate with City of Winter Garden for water line connection to meter.

10. BOARDWALK REQUIREMENTS: Prior to opening the boardwalk to traffic, the CONTRACTOR shall provide a package with the following information: bridge plans, pile driving records, all Requests for Information (RFI’s), and punch list items. Payment for this item shall be included in other items of work.

11. RAILROAD CROSSING: N/A

12. RIGHT-OF-WAY / PARCEL CONSIDERATIONS: The CONTRACTOR is notified that at the time of this bid, the COUNTY has acquired all of the right-of-way and temporary easements required to complete the project. The CONTRACTOR shall exercise utmost care to ensure that neither construction activities nor any type of encroachments occur outside the COUNTY’S existing right-of-way, easements, or rights-of-entry under any circumstances. The CONTRACTOR shall be completely responsible to pay for all the damages resulting from encroachment onto private properties. CONTRACTOR shall obtain a Temporary Right of Entry (TROE) Permit from Central Florida Expressway Authority (CFX) prior to construction.

13. MAINTENANCE OF TRAFFIC: At the pre-construction conference the CONTRACTOR shall submit a detailed Maintenance of Traffic plan approved by Orange County, Traffic Engineering to the Orange County Highway Construction Division. The Maintenance of Traffic plan shall address the maintenance of vehicular and pedestrian traffic between the limits of construction, as well providing business signage for all business along the corridor and must be signed and sealed by a Professional Engineer registered in the State of Florida. The cost of preparing this plan including Orange County permit fee in the amount of $128 shall be included in Pay Item 102-1, Maintenance of Traffic. The attached Maintenance of Traffic plans provided by the COUNTY is for reference and guidance only. The CONTRACTOR shall not be entitled to any additional compensation as a result of the Maintenance of Traffic plan he/she chooses to use, whether or not he/she prepared such plan.

The CONTRACTOR shall provide uniformed off-duty law enforcement officer(s) for all nighttime lane closures. Variable message board (VMB) signs shall be installed ten (10) days prior to all day and nighttime lane closures and major traffic impacts to major roads (as directed by the engineer). The contractor shall submit a Start Work Notice at least seven

(7) days prior to installing VMB’s. The Cost shall be included in pay item number 102-1, Maintenance of Traffic.

14. PEDESTRIAN WALKWAY: The CONTRACTOR shall provide and maintain a safe walkway for pedestrians, in compliance with the Americans with Disability Act, where existing pedestrian facilities are present, for the entire project duration. The cost will be included under Pay Item 102-1 Maintenance of Traffic.

15. LANDSCAPE ESTABLISHMENT AND MAINTENANCE: N/A

16. LANDSCAPE AND MITIGATION RETAINAGE: N/A

17. SITE CONTAMINATION: There are no known contamination sites within the project limits. If the CONTRACTOR discovers contamination within the project, no additional compensation will be provided in the event the CONTRACTOR is required to modify his means and methods or construction schedule in order to comply with requirements of any regulatory agency with regard to any contamination, which may be encountered within or in the proximity to the project limits during construction. The CONTRACTOR may be granted non-compensable days to the extent, the critical path of the project is impacted by temporary work stoppages that may be required to address the presence of contamination.

18. SEPTIC TANKS & WELLS: N/A

19. PAY ITEMS: The cost of all equipment, materials and labor for temporary or permanent facilities necessary to construct the improvements identified in the plans, specifications, or other Contract Documents shall be deemed to be included in the various items making up the Contract Price. No separate payment shall be made to the CONTRACTOR for any such equipment, materials and labor for which a separate Pay Item has not been provided.

20. COORDINATION: The CONTRACTOR is hereby notified that there will be utility relocation to be done by others along Tiny Road. The CONTRACTOR shall be responsible for coordinating all activities of this project with those improvements to be done by others so as not to delay the construction project.

It is also anticipated that construction of intersection improvements at Tiny Road and Tilden Road will be ongoing during the lifetime of this contract. The CONTRACTOR shall coordinate with the adjacent contractor to ensure that the work proceeds smoothly and without delay on both projects, and with minimal impacts to traffic where applicable. No additional compensation is allowed for this incidental work.

21. DRIVEWAY CONSTRUCTION: At STA. 1009+30 +/- 14’Lt, the CONTRACTOR shall complete the construction of the driveway as shown in the plans and coordinate this construction with CFX.

22. MILLING & RESURFACING: N/A

23. ENVIRONMENTAL CONCERNS:

FEDERALLY OR STATE DESIGNATED LISTED SPECIES: The Florida Fish and Wildlife Conservation Commission maintains the state list of animals designated as Federally-designated Endangered or Threatened, State-designated Threatened, or State designated Species of Special Concern, in accordance with Rules 68A-27.003 and 68A-

27.005. The CONTRACTOR must comply with the above-mentioned rules at no cost to the County. There also shall be no additional compensation in the event the CONTRACTOR is required to modify his means and methods or construction schedule in order to comply with the requirements of any regulatory agency with regard to any Federally or State listed species which may be encountered within or in proximity to the project limits during construction. The CONTRACTOR may be granted non-compensable days to the extent the critical path of the project is impacted by temporary work stoppages that may be required to address the presence of listed species as mentioned above. The following species are known to be present:

i.The CONTRACTOR is informed that the project area contains habitat of the gopher tortoise, a species listed as Threatened by the Florida Fish and Wildlife Conservation Commission. A separate permit to relocate the gopher tortoises located within the proposed right-of-way is being pursued by DRMP, Inc. and will be in place by the time of construction. The CONTRACTOR shall utilize caution when installing silt fences along the perimeter of the project so as not to disturb the existing gopher tortoise burrows. The gopher tortoises will be relocated in accordance with the permit. Within 24 hours of relocation the CONTRACTOR shall install silt fence. Clearing and grubbing operations shall not be permitted in certain areas until the tortoises have been relocated. The actual relocation of the gopher tortoises shall be conducted by DRMP, Inc. The CONTRACTOR shall coordinate with DRMP, Inc to determine the schedule for the relocation and what support, if any, the CONTRACTOR shall be required to provide to the consultant during the relocation efforts. No special compensation shall be made to the

CONTRACTOR for this coordination effort, or for any support required to be provided, but such costs shall be considered as having been included in the price stipulated for the several items of work to be done under this contract.

24. REQUEST FOR INFORMATION (RFI): The COUNTY will require a reasonable amount of time, at least 10 business days, to respond to any RFI submitted by the CONTRACTOR. Any delay in responding to the RFI cannot be used as a reason to reimburse for any additional compensation, including delay claims.

25. EARTHWORK: The CONTRACTOR shall note that the soil survey shown in the plans is based on limited geotechnical investigation. The CONTRACTOR shall field verify and test all excavated earthwork material to determine if the soil is classified as a Select soil and suitable for embankment utilization. In the event that any excavated earthwork material is not suitable for embankment utilization, the CONTRACTOR shall replace the unsuitable material with Select soil to furnish and install the required embankment at no additional cost to the COUNTY. The CONTRACTOR shall be responsible for the disposal of the unsuitable material at a COUNTY approved site at no additional cost to the

COUNTY.

The COUNTY grants access to all the bidders to the entire project limits. The bidders are responsible for obtaining approval from all the regulatory agencies that have jurisdiction for investigative work. A Right-of-Way Utilization Permit shall be issued by the Development Engineering Division for performing borings within the project limits.

Contact the Development Engineering Division to obtain information regarding a Right-of-Way utilization permit. The bidders shall ensure that all the disturbed areas are restored to as good as or better than the existing conditions. The bidders shall be responsible to comply with all permit conditions, rules and regulations including but not limited to NPDES and threatened and endangered species.

The CONTRACTOR shall notify Orange County in writing if the limits of the unsuitable materials are different from what is shown on the construction plans. Prior approval shall be obtained from the COUNTY before removing any unsuitable material in excess of what is shown on the construction plan.

The CONTRACTOR shall provide Orange County Highway Construction with a signed and sealed survey, prepared by a registered Florida surveyor, including elevations and cross sections of the area where unsuitable soils are found to be in excess of what is shown on the construction plans. The elevations shall be provided every 25 feet and shall be representative of the conditions. The purpose of the survey, with cross sections, is to verify the quantity of unsuitable soil removed. The cost shall be included under Pay Item 120-4, Subsoil Excavation (Unsuitable Material).

26. ORANGE COUNTY INSPECTOR’S OFFICE: N/A

27. PIPE QUALITY CONTROL AND INSPECTION: The CONTRACTOR is hereby notified that at the COUNTY’S discretion the County will direct the COUNTY’S lab of record to the drainage pipe manufacturer and/or drainage structure manufacturer. The purpose shall be to inspect the drainage pipes and / or drainage structures as they are being produced. If the COUNTY notifies the CONTRACTOR that the COUNTY’S lab will be inspecting the pipe, then only drainage pipes and drainage structures that have been inspected during the manufacturing process and stamped by the COUNTY’S lab of record shall be delivered to the project site. This inspection by the COUNTY’S lab of record in no way precludes the COUNTY’S right and ability to reject damaged pipe as a result of manufacturing, transporting, handling, installing/laying, videoing, etc. The CONTRACTOR shall be responsible to coordinate this inspection with the COUNTY and to determine the manufacturer’s schedule and to ensure that the procurement of these materials does not impact the CONTRACTOR’S overall project schedule.

No additional time or compensation will be made to the CONTRACTOR to defray time or costs of any of the work or delays for complying with the requirements set forth above, but such costs shall be considered as having been included in the price stipulated for the several items of work to be done under this contract.

28. PERMITS

a. St. Johns River Water Management District Permit (SJRWMD)

i. The CONTRACTOR shall be responsible for all applicable conditions (as determined by the COUNTY) of the St. Johns River Water Management District Permit No. 224804-2, issued on 10/02/25. Specifically, the CONTRACTOR is responsible for such aforementioned obligations of the permits. No special compensation will be made to the CONTRACTOR to defray costs of any of the work or delays for complying with the requirements of St. Johns River Water Management District Permit No.

224804-2, but such costs shall be considered as having been included in the price stipulated for the several items of work to be done under this contract.

ii. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) The CONTRACTOR shall be responsible for compliance with all applicable requirements of Rule 40C-2.042(9), Florida Administrative Code (F.A.C.), for a General Permit for Dewatering. If the CONTRACTOR’s proposed work is expected to exceed the time duration and/or the volume limits, or does not meet any of the other requirements listed with the requirements of Rule 40C-2.042(9), the CONTRACTOR must apply for and obtain such other water use permit to authorize dewatering that may be required by the Water Management District, at no cost to the COUNTY.

b. National Pollutant Discharge Elimination System (NPDES) permit

i. General: The CONTRACTOR shall to obtain or modify, as necessary, all dewatering and land clearing permits required by STATE and COUNTY agencies pursuant to 62-621.300 F.A.C. and Orange County Code.

ii. Land Clearing: The Contractor shall be responsible for preparing and submit the Notices of Intent (NOI) and the Notice of Termination (NOT) to the Florida Department of Environmental Protection (FDEP). The Contractor shall be responsible for adhering to the construction plan sheet documents addressing the Stormwater Pollution Prevention (SWPP) and shall identify and incorporate any and all additional needs to prevent, control and reduce erosion and water pollution, meeting the requirements or special conditions of all permits authorizing project construction. The SWPP and NOI forms, attached to this document, shall be completed and submitted by the CONTRACTOR to the COUNTY prior to the preconstruction meeting.

iii. The NOI should be submitted at least two days prior to commencement of construction (permit fees are the responsibility of the CONTRACTOR).

iv. The NOT should be submitted within 14 days of final completion of the project (permit fees, if any, are the responsibility of the CONTRACTOR).

The CONTRACTOR shall be responsible for compliance with the EPA’s NPDES Stormwater Construction permit, the Stormwater Pollution Prevention Plan and the FDEP Generic Permit for Stormwater Discharge from Construction Activities that Disturb One or More Acres of Land.

Furthermore, the Contractor shall also comply with the FDEP Generic Permit for Stormwater Discharge from Large and Small Construction Activities. The Contractor shall comply with the requirements indicated by the Florida Department of Environmental Protection.

The cost of this work will be included under pay item No 104-14 - Prevention, control and abatement of erosion and water pollution.

v. Dewatering: The CONTRACTOR shall be responsible for compliance with the FDEP Notice of Intent to Use the Generic Permit for Discharge of Groundwater from Dewatering Operations (FDEP Document 62- 621.300(2)(b), which can be found at https://floridadep.gov/forms).

If it is determined that the disposal or discharge of the dewatering effluent is not authorized by this generic permit, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies.

Prior to submitting their bid, each prospective CONTRACTOR has the opportunity to perform a search to determine the extent, if any, of contaminated sites within 500 feet of the PROJECT boundaries. It is the intent of this paragraph to provide each prospective CONTRACTOR with an opportunity to investigate the water quality in the vicinity of the PROJECT in order to base his/her bid on means and methods of dewatering.

If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the FDEP’s Generic Permit for Stormwater Discharge from Large and Small Construction Activities, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies without resort to delay claims or recompense from the COUNTY for either permit application activities or the time required to obtain such permits.

The CONTRACTOR shall be responsible for all costs for water quality monitoring, treatment, storage, and disposal of the groundwater in a manner acceptable to the COUNTY and to all applicable regulatory agencies to reduce the concentration of parameters with exceedances to acceptable levels. The CONTRACTOR will be responsible for obtaining any additional permits required by regulatory agencies to implement the CONTRACTOR’s chosen method of disposal and discharge of the groundwater. No additional compensation will be made to CONTRACTOR for permitting. The CONTRACTOR shall comply with Water Quality Requirements of the Special Provisions, related to the National Pollutant Discharge Elimination System (NPDES).

Because the CONTRACTOR’S means and methods of dewatering could lead to potential liability to third parties for damages resulting from the means and methods of dewatering, at the COUNTY’S discretion the means and methods for the dewatering plans are subject to a prior cursory review by the COUNTY, where issues and concerns may be submitted for the CONTRACTOR’S consideration.

The CONTRACTOR shall be deemed fully responsible for the means and method of the dewatering. Should the CONTRACTOR decide to modify or revise the means and method for the dewatering plan, another cursory review will have to be conducted by the COUNTY. Please note that containment on site of dewatering effluent is not considered treatment and disposal for purposes of payment under the pay item number 104-14.

CONTRACTOR shall be responsible to include in his/her bid all cost for treatment and disposal of dewatering effluent. Should it become necessary for the CONTRACTOR to treat and dispose dewatering effluent off site, Orange County will only compensate the CONTRACTOR for those activities at the unit price bid.