Y24-709_FDOT-LAP_Vol-II.pdf

Volume II: Project-Specific Information Table of Contents Page: 1 of 1

Volume II: Project-Specific 2 Information IFB#: Y24-709-GO 4 Project Title: Tilden Road and Tiny Road Intersection

Improvements FPN: 444788-1-58-01 FAN:D523-062-B

TABLE OF CONTENTS

8 Article 1: Point of Contact

Article 2: General Project Information

10 Article 3: Pre-Bid Conference

Article 4: Contract Schedule

12 Article 5: County Permitting Disclosure (Public Bid Disclosure Act) Section A: General Information

14 Section B: County Permits/Licenses/Fees Section C: Non-County Permits

16 Article 6: Similar Projects/References Section A: General Information

18 Section B: Project-Specific Similar Project/Reference Information Section C: Project Elements

20 Article 7: FDOT Prequalification (Major Classes of Work)

Article 8: Reports

22 Volume II Appendix: Project-Specific Documents

Orange County, Florida Procurement Division

Construction Bid Package | IFB# Y24-709-SH Volume II: Project-Specific Information Page: 1 of 6

26 Volume II: Project-Specific Information

IFB No. Y24-709-SH 28 Article 1: Point of Contact

Prior to the issuance of an award, Bidders are directed to submit all questions and other IFB- 30 related requests through the ProcureNow OpenGov questions and answers module, per the requirements of the “Questions and Addenda” provision in Vol. I., Art. 1., Sec. D. of the Bid 32 Package.

34 If Bidders have any untimely critical questions (which may not be considered by the County) or, for some reason, cannot use the ProcureNow OpenGov question and answers module, the

36 Procurement Division’s staff contact for this Bid Package is as follows:

Name:

Email:

Phone:

Sean Hynes Sean.Hynes@ocfl.net

(407) 836-5635

Article 2: General Project Information

40 See Table 1: General Project Information below for the general information regarding this Bid Package.

Table 1: General Project Information

IFB#: Y24-709-SH

Project Title: Tilden Road and Tiny Road Intersection Improvements

FPN : 444788-1-58-01

Estimated Project Cost: $4,674,412.18

44 Article 3: Pre-Bid Conference There is no Pre-Bid Conference associated with IFB# Y24-709-SH.

Article 4: Contract Schedule

48 For the anticipated Contract Schedule, see Table 2: Contract Schedule below.

Table 2: Contract Schedule Commencement of Work: 30 days from the Official Notice to Proceed’s effective date.

Substantial Completion 277 days from Official Notice to Proceed’s effective date.

Final Completion 307

Construction Bid Package | IFB# Y24-709-GO Volume II: Project-Specific Information Page: 2 of6

The begins on the effective date of the Official Notice to Proceed and ends on

52 the date of Final Completion. Accordingly, for the purposes of this solicitation, the Contract Time is: 307 days.

Article 5: County Permitting Disclosure (Public Bid DisclosureAct)

56 Section A: General Information

In compliance with the Public Bid Disclosure Act, Section 218.80, F.S., each permit, license, 58 and/or fee applicable to this work/project (before and during construction) that will either be paid by the Contractor or by the Orange County Board of County Commissioners as specified below.

See Vol. I., Art, 2., Sec. C. ( ) of the Bid Package for more 62 requirements.

64 Section B: County Permits/Licenses/Fees

The Contractor shall procure and pay for the following County permits, licenses and/or fees 66 listed in Table 3: County Permits/Licenses/Fees below:

Table 3: County Permits/Licenses/Fees Permit Fee Maintenance of Traffic Permit $128.00

Total Fee: $128.00

Section C: Non-County Permits 70 Other regulatory authorities may have additional permits or fees generated by the Project. Such other regulatory authorities include, but are not limited to those shown on Table 4: Non-County 72 Permits below.

Table 4: Non-County Permits Regulatory Authority Permit Type Florida Department of Environmental Protection Dewatering Permit Florida Department of Environmental Protection NPDES Permit Central Florida Expressway Authority (CFX) Temp. Right of Entry Permit

For more information see DOC-5: Non-County Permitting Information and Vol. I., Art, 2., Sec.

76 C. ( ) of the Bid Package.

Volume II: Project-Specific Information Page: 3 of 6

78 Article 6: Similar Projects/References

Section A: General Information 80 Bidders shall complete and submit OC-7: Similar Projects/References, which is attached to

Volume I: Invitation for Bids , with their Bid Responses. The Project-specific 82 information necessary to complete OC-7: Similar Projects/References is provided in this

Article.

See Vol. I., Art. 2., Sec. J ( ) of the Bid Package for additional 86 requirements.

88 Section B: Project-Specific Similar Project/Reference Information

When completing OC-7: Similar Projects/References, Bidders shall utilize the information 90 provided in both Table 5: Project Specific Similar Project/Reference Information and Table

6: Project Elements below.

Table 5: Project-Specific Similar Project/Reference Information

Minimum Number of References/Similar Projects: 3

Capacity in which the Bidder must have completed the References/Similar Projects: Prime Contractor

Time Period in which the Bidder must have completed the above References/Similar Projects:

10 years immediately preceding the Submittal Deadline.

In addition to the list of THREE (3) Similar Projects requested by Public Works, ONE (1) additional Similar Project successfully completed within the last ten (10) years must also be submitted (with the bid form) and shall meet the similar project criteria listed on Element no. 5 in Table 6: Project Elements.

The contact person listed as a reference shall be someone who has personal knowledge Contact persons must have been informed that they are being used as a reference and that the County will be calling or emailing them.

94 Section C: Project Elements

OC-7: Similar Projects/References document must show previous 96 successful project experience with the elements listed in Table 6: Project Elementsbelow.

98 All elements are not required to be in the same project. However, sufficient projects must be submitted so that at least 3 examples of each element 1 through 4can be verified.

Volume II: Project-Specific Information Page: 4 of 6

Table 6: Project-Elements Element

No. Element Summary

1 Construction, widening, or modification of a rural roadway or intersection to an urban roadway for a governmental agency having a roadway construction cost, which excludes utility work, equal to or greater than eight hundred thousand projects with curb & gutter and closed drainage which traverse an urbanized area which may have multiple intersecting streets and connecting driveways.

2 Asphalt Paving / milling / resurfacing 3 Sidewalk and/or curb ramps to ADA standards.

4 Coordination with utility companies.

5 A Utility Project that consisted of a minimum 800 lineal feet of 12-inch or greater diameter potable water main within the existing public Right-of-Way.

104 Article 7: FDOT Prequalification (Major Classes of Work)

In addition to providing references for projects similar to above-provided projects elements, all

Bidders, who if selected shall serve as Prime Contractor, shall be required to be currently pre-qualified with FDOT in the Major Work Classifications listed in Table 7: Major Work Classifications below to meet these requirements.

Table 7: Major Work Classifications Classification Drainage Flexible Paving Grading

Failure to provide proof that the Bidder meets the FDOT Prequalification Requirements as of the Bid Package for more information.

Volume II: Project-Specific Information Page: 5 of 6

Article 8: Reports

126 The documents listed in Table 8: Project-Specific Reports below may be accessed atthe following website:

128 https://ocfl.box.com/s/45tkry3l12k3tn2qd4dxy7k99dc5nl3b

Table 8: Project-Specific Reports

Tilden-Tiny Road Geotechnical Report Mast Arms Tilden-Tiny Road Geotechnical Report Roadway Tilden-Tiny Road Drainage Report Structural Design Report

Note: The documents provided in the table above are provided for informational purposes only.

134 The County does not guarantee the accuracy of any of the information provided in such documents, nor shall such documents be used by any Bidder as a substitute for performing their

136 own examinations, investigations, or inspections of the Project Site. See the Obligation provision in Vol. I., Art. 1., Sec. B. ( ) for moreinformation.

[ BEGIN VOLUME II APPENDIX ON FOLLOWING PAGE ]

Volume II: Project-Specific Information Page: 6 of 6

142 Volume II Appendix: Project-SpecificDocuments

The following project documents are hereby incorporated by attachment or reference and hereby 144 serve as a material part of this IFB.

DOC-1 Scope of Work DOC-2 Project Location Map DOC-3 Supplemental/Special Terms and Conditions DOC-4 Non-County Permitting Information DOC-5 Technical Provisions/Specifications DOC-6 Additional Documents Reference section on the ProcureNow OpenGov portal).

DOC-1: Scope of Work | IFB# Y24-709-GO | Page 1 of 1

SCOPE OF WORK

1. The Tilden Road and Tiny Road intersection improvement project consists of widening the current intersection by adding a northbound left turn lane on Tiny Road and a west bound left turn lane on Tilden Road and signalize the intersection. The total road improvements along Tilden Road will be approximately 2,210 feet and the total road improvements along Tiny Road will be approximately 580 feet.

The Tiny Road and Tilden Road Intersection Improvement Project consists of:

Tilden Road and Tiny Road:

Construct roadway widening.

Construct curb and gutter.

Construct sidewalks and curb ramps.

Milling and resurfacing.

Remove and replace existing inlet.

Placement of new inlets and storm pipes.

Install Mast Arms and associated signal improvements.

Placement of signage and pavement markings.

Construct Wet Pond

Notes:

1. Septic Tanks & Wells: N/A

2. Milling & Resurfacing: The Contractor is to complete the Milling and Resurfacing on all portions of the Project from STA. 12+34.72 to STA. 34+50.32 (Tilden Road) and STA.10+82.72 to 16+63.73 (Tiny Road). This work shall be included under Pay Item Nos.

327-70-06, 334-1-13 and 337-7-83.

The Work shall be completed in compliance with the Contract Schedule found in Vol. II., Art. 4.

DOC-2: Project Location Map | IFB# Y24-709-GO | Page 1 of 1

PROJECT LOCATION MAP

DOC-3: Supplemental/Special Terms and Conditions | IFB# Y24-709-GO | Page 1 of 1

1. Right-Of-Way / Parcel Considerations: The Contractor is notified that the County has acquired all of the right-of-way and temporary easements required to complete the Project.

2. Site Contamination: No site contamination is identified on this project. No additional compensation will be provided in the event the Contractor is required to modify its 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.

No contamination is known along the road alignment or the pond area.

3. Coordination: The Contractor is hereby notified that there will be utility work to be done by others. The Contractor shall be responsible to coordinate all activities of this Project with those improvements to be done by others so as not to delay the construction project in as well as any other applicable provision in the Contract Documents. Any Utility Work Schedules currently filed with FDOT may be found in DOC-6: Additional Documents, which is attached to Volume II: Project-Specific Information of the Bid Package.

4. Environmental Concerns:

The Contractor is informed that limited suitable upland habitat has been identified adjacent to the pond area for the gopher tortoise (Gopherus polyphemus), a species listed as a Species of Special Concern by the Florida Fish and Wildlife Conservation Commission. No gopher tortoises or their burrows were observed during the field review.

Although the likelihood of occurrence of this species within the proposed Project limits is low, the contractor shall conduct a population census in accordance with Florida Fish and Wildlife Conservation Commission ( ) guidelines prior to constructionactivities.

5. 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 night time lane closures. Variable message board (VMB) signs shall be installed ten (10) days prior to all day and night time lane closures and major traffic impacts to major roads (as directed by the engineer).

The Cost shall be included in pay item number 102-1, Maintenance of Traffic.

DOC-4: Non-County Permitting Information | IFB Y24-709-GO| Page: 1 of 3

Non-County Permitting Information

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

A. The PROJECT qualified for an Exemption from the District.

B. 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 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.

2. National Pollutant Discharge Elimination System (NPDES) permit

A. General: The Contractor shall 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.

(1) Land Clearing: The Contractor shall be responsible to prepare and submit the Notices of Intent ( ) and the Notice of Termination ( ) to the Florida Department of Environmental Protection ( ). The Contractor shall be responsible to adhere to the construction plan sheet documents addressing the Stormwater Pollution Prevention Plan ( ) 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. In the event no SWPPP is provided the Contractor shall be responsible to prepare the SWPPP. The SWPPP and NOI forms, attached to this document, shall be completed and submitted by the Contractor to the County prior to the preconstructionmeeting.

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

The NOT should be submitted within 14 days of final completion of the Project

(permit fees, if any, are the responsibility of the Contractor).

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

DOC-4: Non-County Permitting Information | IFB Y24-709-GO| Page: 2 of 3

Construction Activities. The Contractor shall comply with the requirements indicated by the Florida Department of Environmental Protection.

(2) 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 ofdewatering.

If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the 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 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 ( ).

liability to third parties for damages resulting from the means and methods of plans are subject to a prior cursory review by the County, where issues and concerns 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

DOC-4: Non-County Permitting Information | IFB Y24-709-GO| Page: 3 of 3 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

Item.

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. No additional compensation will be paid to the Contractor for treatment and disposal of dewatering effluent, regardless of the actual cost incurred by the Contractor.

3. Central Florida Expressway (CFX) Permit

The roadway plans have been reviewed by CFX and the CONTRACTOR shall apply for a CFX Temporary Right of Entry permit application including all required licensing and insurance requirements.

DOC-5: Technical Provisions/Specifications | IFB# Y24-709-GO | Page: 1 of 1

TECHNICAL PROVISIONS/SPECIFICATIONS

COVERSHEET

45128

THIS ITEM HAS BEEN DIGITALLY SIGNED AND

SEALED BY

JEAN M. ABI-AOUN

ON THE DATE ADJACENT TO THE SEAL

PRINTED COPIES OF THIS DOCUMENT ARE NOT

CONSIDERED SIGNED AND SEALED AND THE

SIGNATURE MUST BE VERIFIED ON ANY

ELECTRONIC COPIES.

FLORIDA ENGINEERING GROUP, INC.

5127 S. ORANGE AVE. SUITE 200

ORLANDO, FL 32809

CERTIFICATE OF AUTHORIZATION: EB-0006595

JEAN M. ABI-AOUN, P.E. 45128

Digitally signed by JEAN M

ABI-AOUN

DN: c=US, o=FLORIDA

ENGINEERING GROUP INC.,

dnQualifier=A01410D0000

0187B92B8C06000634BE,

cn=JEAN M ABI-AOUN Date: 2025.03.07 12:23:09 -05'00'

DOC-6: Additional Documents | IFB# Y24-709-GO | Page: 1 of 1

ADDITIONAL DOCUMENTS

COVERSHEET

All additional documents that are relevant to this Bid Package are attached to the back of this cover sheet. See the table below for the index.

ADDITIONAL DOCUMENTS INDEX

St. Johns River Water Management District Exemption Verification

Proprietary Product Certification CFX Temporary Right of Entry and Checklist

CFX APPLICATION

APPLICATION FOR Permit No.:

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 1 of 8

BEGIN APPLICATION For completion by Applicant.

NOTE: Please follow instructions and checklists provided on CFXway.com. Submit any questions and/or permit applications to Permits@CFXway.com.

PART 1: LOCATION

County: CFX Road No.: Cross Street:

Location Description:

PART 2: APPLICANT INFORMATION

A. CONTRACTOR INFORMATION (per: www.sunbiz.org)

Name:

Street Address:

City: State: Zip:

Contact Name: Contact Title:

Contact Phone: Contact Email:

B. PERMITEE (for whom Contractor works, if applicable, per: www.sunbiz.org) Name:

Street Address:

City: State: Zip:

Contact Name: Contact Title:

Contact Phone: Contact Email:

PART 3: REQUESTED LIMITED USE/PURPOSE

Description of Limited Use/Purpose:

Anticipated Start Date: Calendar Days to Complete Work:

PART 4: ATTACHMENTS FROM APPLICANT

Standard Attachments (always required) Attachment A: Description of Location and Plans Attachment B: Evidence of Insurance (e.g., Certificate of Insurance (“COI”) Additional Attachments (select if applicable)

Attachment C: Other:

The Contractor and Permittee (collectively, the “Applicant”) request approval from the Central Florida Expressway Authority (“CFX”) for a temporary non-exclusive right of entry (“TROE”) onto property Applicant represents as being owned by CFX (“Property”) to perform the activities described in Attachment A (“Applicant Activities”) in the designated area therein delineated (“Work Area”). By submitting this application, Applicant agrees to abide by the hereto attached Terms and Conditions, and any Special Conditions upon which CFX may condition its approval, as applicable. The undersigned signatories each represent that: (1) they have been authorized to legally bind their respective party; and (2) the information contained in this application is true, correct, and complete.

CONTRACTOR PERMITTEE

Signature: Signature:

Print: Print:

Title: Title:

Date: Date:

END APPLICATION

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 2 of 8

BEGIN CFX APPROVAL For completion by CFX.

PART 5: ATTACHMENT FROM CFX

Standard Attachments (always required) Attachment D: Certificate from GEC Additional Attachments (select if applicable)

Attachment E: Special Conditions Attachment F: Additional Insurance Requirements (see, Subsection 8.5 of Terms and Conditions)

PART 6: APPROVAL

In reliance upon the representations and commitments of Applicant, including the terms and conditions above and hereinafter, CFX approves the Application for Temporary Right of Entry and, to the extent the Property is owned by CFX, grants to Applicant, its employees, and its contractors, a temporary, non-exclusive and fully revocable right to enter the Property for the sole and limited purpose of conducting the Applicant Activities in the Work Area, for the period of time commencing on __________________ (“Start Date”) and ending at on __________________ (“End Date”).

CFX PERMIT REVIEWER CFX PERMIT APPROVER

Signature: Signature:

Print: Print:

Title: Title:

Date: Date:

Reviewed by CFX Risk Management as to insurance requirements and COI form and contents for exclusive internal use of and reliance by CFX only.

Signature: Title:

Print: Date:

END CFX APPROVAL

BEGIN PERMIT

CLOSEOUT

For completion and use by CFX only.

PART 7: INSPECTION

A. OUTSTANDING ITEMS

Description of Outstanding Items:

B. CLOSING CHECKLIST (check all that apply)

1. Has the Work Area been restored? Yes No N/A

2. Has CFX has received the As-Built Documentation, if applicable? Yes No N/A

CFX INSPECTOR

Signature:

Print:

Title:

Date:

END PERMIT CLOSEOUT

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 3 of 8

BEGIN TERMS AND

CONDITIONS

TERMS AND CONDITIONS

By submitting the foregoing application, accessing, using, and/or occupying the Property, and/or engaging in the Applicant Activities, the Applicant agrees to comply with any Special Conditions upon which CFX may have conditioned its approval, and the following terms and conditions:

SECTION 1: ISSUANCE OF REVOCABLE

LICENSE

1.1 The Applicant acknowledges and agrees that

this TROE only grants to Applicant, its employees, and its contractors, a temporary, non-exclusive, and fully revocable license to enter the Property for the sole and limited purpose of conducting the Applicant Activities in the Work Area. CFX’s approval of this TROE shall not, under any circumstances and under any theory of law or equity, create or vest any property interest or irrevocable right in the Applicant, regardless as to whether the Applicant Activities include the making of improvements or installation of the Applicant’s personal property or infrastructure (e.g., utilities, wires, cables, pipes, or other structures) to, upon, under, or over the Property. The granting of this TROE does not modify an existing executed subordination agreement with CFX. This TROE may not be assigned without the advanced written consent of CFX.

1.2 CFX reserves the right to deny issuance of this

TROE for any reason whatsoever. Such reasons for denial may include without limitation: the Applicant (either the Permittee, the Contractor, or both) failing to be in good standing with CFX and/or having violated or being in current violation with any previous or existing CFX TROE.

SECTION 2: APPLICABLE REQUIREMENTS

2.1 This TROE shall be governed, interpreted, and

enforced pursuant to the laws of the State of Florida.

Any action at law, suit in equity, or judicial proceeding for the enforcement of this TROE shall be instituted and maintained only in the courts of Orange County, Florida. This paragraph shall survive the termination or expiration of the term of this TROE.

2.2 All Applicant Activities shall be completed in

accordance with all state, federal, and local rules and regulations, as applicable to the Property and

Applicant Activities, including without limitation: any and all federal, state, and local laws, bylaws, ordinances, rules regulations, orders, permits, or decrees, these terms and conditions, and any verbal or written CFX staff directives. When a CFX requirement is more stringent than those of other agencies, the Applicant shall comply with the CFX requirement.

2.3 The Applicant shall or shall cause its employees, agents, contractors, and/or subcontractors working on the Property to: (a) apply for and obtain all necessary permits, including permits issued by or through the Florida Department of Transportation; and (b) comply with all applicable laws, rules, ordinances, regulations, these terms and conditions, and any verbal or written CFX staff directives.

2.4 When a Permittee and Contractor are joint

permit applicants, the Permittee and Contractor shall be severally liable such that the Permittee and Contractor shall be both required to comply with all the TROE requirements applicable to the Applicant Activities on the Property, and the Permittee shall be required to comply with TROE requirements of any approved improvements post construction, including, but not limited to those applicable to operation and maintenance. The post-construction obligations of the Permittee for any approved improvements on the Property shall commence upon completion of final inspection by CFX. When applicable, CFX shall provide the Permittee with written notice of such date and the Permittee shall be entitled to observe CFX's final inspection and shall inform CFX of any apparent failure to comply with the terms of the TROE by the Contractor; provided, the final determination of compliance with this TROE shall be made by CFX.

SECTION 3: COORDINATION

3.1 The Applicant Activities shall be coordinated

with CFX prior to the initiation of the activity. At least 72 hours in advance of the Applicant Activities, Applicant shall contact the following individual via email for assistance in locating the existing CFX roadway lighting lines, fiber optic network lines, and any other underground improvements and to confirm no on-going maintenance in the area:

Bryce Rainey Permits & Maintenance Compliance Administrator

Bryce.Rainey@CFXway.com

(407) 893-0172

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 4 of 8

SECTION 4: INTERFERENCE WITH CFX

OPERATIONS

4.1 Under no circumstances may the Applicant

block any CFX roadway or operation or impede or restrict the normal current or future operation of CFX or its Expressway System, as defined in Fla. Stat. § 348.752, without the prior written approval from CFX.

4.2 The Applicant shall take all actions reasonably

necessary to ensure that the Applicant Activities do not interfere with the property and rights of a prior applicant or permittee or an existing structure, facility, utility, improvement, or use.

4.3 If CFX reasonably determines that the Applicant

Activities on the Property, in whole or in part, unreasonably interfere in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion of the Expressway System, the Applicant shall, upon receipt of oral or written notice, immediately alleviate the interference at no cost to CFX in accordance with any written or verbal CFX staff directives..

4.4 As a condition for the issuance of this TROE, the Applicant acknowledges and agrees that in the event of such interference, CFX may require, in CFX’s sole discretion, and the Applicant hereby agrees to perform or cause to be performed, any of the following, at the Applicant’s sole cost and expense: (a) the removal or relocation of any or all structures, wires, cables, pipes, utilities, or other improvements upon, under, or over the Property; (b) immediate cessation of the Applicant Activities; (c) restoration of the Property; or (d) such other work that alleviates interference. Such corrective action or cessation of activity must be completed within the time frame stated in the notice from CFX, unless otherwise mutually agreed upon by CFX and the Applicant. This provision shall not be limited by any other provision herein.

4.5 The Applicant shall not install, operate, or

maintain any improvement, structure, or facility on, over, under, or near a CFX structure, expressway, or facility that: (a) was not expressly approved by CFX in writing in advance of any such work; (b) creates a hazard to the public; (c) affects the integrity of a CFX structure, expressway, or facility; (d) unreasonably hinders inspection or maintenance operations of a CFX structure, expressway, or facility; (e) alters the aesthetics of a CFX structure, expressway, or facility placed in aesthetically sensitive environments; (f) damages any CFX structure's reinforcement or stressing ducts or strands; (g) attaches to CFX bridge girders; (h) resides inside a CFX box girder; (i) lowers a CFX structure's vertical clearance; and/or (j) restricts a CFX structure's ability to expand or contract.

4.6 Above-ground improvements are not allowed in

CFX’s limited-access property except as expressly approved by CFX in writing and in advance of any such work.

SECTION 5: COSTS; RESTORATION OF SITE;

FINAL INSPECTION

5.1 The Applicant shall be responsible for all costs

related to the Applicant Activities, including, but not limited to, installation, operation, removal, and restoration of equipment on the Property. At the Applicant’s sole cost and expense, the Applicant shall remove from the Property all materials generated during its activities within the Property, and the Applicant shall be fully responsible for the proper disposal of such materials in accordance with applicable laws, rules, ordinances, and regulations.

Additionally, the Applicant agrees to promptly repair all damage to the Property caused by or resulting from the Applicant Activities with specific attention to surface sod, concrete, and asphalt. Restoration of the Property shall be equal or superior to its present condition.

5.2 Upon completion of the Applicant Activities, including restoration, the Applicant shall contact CFX staff listed above, who shall inspect the Property and, if satisfied, issue a notice of satisfaction, which notice may be transmitted by electronic mail. Failure to obtain said notice of satisfaction may result in pursuit by CFX against the Applicant, its contractors or agents for damages and costs associated with proper restoration of the Property. In the event of failure to restore the Property within the specified time, CFX may restore the Property and the Applicant shall be responsible for all removal and restoration costs.

SECTION 6: ADDITIONAL REQUIREMENTS

6.1 Unless otherwise waived in writing by CFX, upon initial entry onto the Property and prior to commencing any of the Applicant Activities on the Property, the Applicant shall provide CFX with a minimum of 6 photographs documenting the Work Area.

6.2 All work, materials, and equipment located on

the Property shall be subject to inspection and approval by CFX at any time. Without limiting the

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 5 of 8 foregoing, CFX may require the Applicant to provide additional construction, engineering, and inspection oversight services by a third-party engineer acceptable to CFX to ensure that the Applicant Activities are performed in compliance with this TROE, any applicable laws, any written or verbal CFX staff directives, and these terms and conditions.

6.3 In the event Applicant encounters any abnormal

condition which may indicate the presence of a hazardous substance, toxic waste, or pollutants, the Applicant shall immediately cease the Applicant Activities and notify CFX. Abnormal conditions may include discolored earth or groundwater, visible fumes or smoke, abnormal odors, excessively hot soil or water, tanks or barrels, or other conditions which appear abnormal. CFX shall notify the Applicant of any suspension or revocation of the TROE to allow for contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by CFX.

6.4 Special Conditions for Underground Activity

(a) As-Built Documentation. In the event permanent improvements are installed on the Property with CFX’s written consent, the Applicant shall provide As-Built documentation of the completed installation of the Applicant Activities within 90 days of completion of the Applicant Activities. As-Built documentation shall include plans signed and sealed by a professional engineer licensed in the State of Florida as well as GIS Inventory data outlined in section 612 GIS Inventory of the CFX ITS Specifications.

(b) Locator Services. In connection with retention of any locator services, the Applicant shall register with the applicable Florida One Call agency per Fla. Stat. Ch. 556. The Applicant, at its expense, will be responsible for performing utility locates for its improvements within CFX’s right-of-way on behalf of any party needing such locates, to protect the systems from accidental cuts and dig-ups. Prior to performing a utility locate, the Applicant shall coordinate with CFX staff listed below and arrange a mutually convenient time for the utility locate in the presence of CFX. The Applicant understands and agrees that accidental cuts and dig-ups may occur causing damage to its improvements, and that the Applicant is solely responsible for repairing such damage. No liability shall be imposed upon CFX attributable to mis-location of any improvement by any locator service.

No liability shall be imposed upon CFX for any damage to improvements in, on, under or over the

Property, unless directly caused by the sole negligence of CFX. This paragraph shall survive the termination or expiration of this TROE.

SECTION 7: IDEMNIFICATION AND LIABILITY

7.1 Indemnification. To the fullest extent permitted

by law, the Applicant shall indemnify, defend, and hold CFX (which used herein includes CFX and its past, present, and future employees, officers, and Board members, and any of their successors or assigns) harmless, and shall cause the Applicant’s contractors, subcontractors, and agents to indemnify, defend, and hold CFX harmless, from and against any and all lawsuits, actions, proceedings, claims, demands, losses, costs, expenses, fines, fees (including attorneys' fees at the trial or appellate level), judgments, liabilities, damages, and/or injuries (including death) which arise from or may be in any manner related to the Applicant Activities or this TROE, or the privileges granted thereby, including without limitation any construction, maintenance, use, or occupancy of the Property or ingress and egress to or from the Property, either directly or indirectly, and are caused in whole or in part by the acts, omissions, or negligence of the Applicant or its employees, contractors, subcontractors, or agents, excepting only those claims arising from the sole negligence of CFX, its officials, or employees. Legal counsel provided to CFX must be acceptable to CFX. This obligation to indemnify and defend CFX includes without limitation any cost or expense to CFX due to any delay caused by the Applicant to a CFX contractor. To the extent that the Permittee is a state agency or subdivision under Fla. Stat. § 768.28, the indemnification provisions of this paragraph shall be limited to that allowed by law as to the Permittee only.

7.2 Sovereign Immunity. CFX expressly retains all

rights, benefits, and immunities of sovereign immunity, in accordance with Fla. Stat. § 768.28, and nothing herein shall be deemed as a waiver of the sovereign immunity or limits of liability which may have been or may be adopted by the Florida Legislature or inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. To the extent the Permittee is a state agency or subdivision under Fla.

Stat. § 768.28, the sovereign immunity provision of this paragraph shall be applicable in the same manner as it is to CFX to the Permittee only.

7.3 Liability. CFX’s obligations and liability as

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 6 of 8 related to this TROE in any manner, shall be strictly limited to those limits per claim and per occurrence set forth for tort liability in Fla. Stat. § 768.28, which limits are hereby made applicable to all manner of claims against CFX regardless of the equitable or legal theory upon which such claims may be based (e.g., contract, tort, strict liability, etc.) and are not confined to tort liability. Moreover, CFX shall not be responsible to the Applicant, or to any third party, for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, reliance damages, or any economic damages whatsoever.

7.4 Assumption of Risk; Release

(a) The Applicant, on behalf of its employees, contractors, subcontractors, and agents: (1) assumes the risk associated with any activities arising out of or otherwise related to: (i) this TROE; or (ii) any access, use, or occupancy of the Property by the Applicant, its employees, contractors, subcontractors, and/or agents;

(2) agrees to accept the condition of the Property and all areas adjacent thereto “AS IS"; and (3) acknowledges and agrees that CFX has made no representations as to the condition of the Property or its suitability for the Applicant Activities.

(b) To the full extent permitted by law, the Applicant, on behalf of itself, its employees, contractors, subcontractors, and agents, hereby releases CFX, its officials, officers, employees, contractors and agents from any and all liability, loss, claims, damages, costs, and expenses of any nature in connection with any injury or damage to any person or any real or personal property which the Applicant and its employees, contractors, subcontractors, or agents may suffer or incur in connection with the Applicant Activities or this TROE.

7.5

(a) The cost of a lane closure without CFX’s prior written approval is $1,000.00 per minute per lane. In the event of an unauthorized lane closure, CFX shall provide the Applicant an invoice detailing the time, date, location and duration of the unauthorized lane closure and the fee for such closure. The Applicant agrees to pay CFX the cost of any unauthorized lane closure within 30 days of an invoice from CFX. When any of the Property is damaged or impaired in any way because of the activities arising from or related to this TROE, the Applicant shall, at their own expense, restore the Property to its original condition before such damage. If the Applicant fails to make such restoration, CFX is authorized to do so and charge the cost thereof against the Applicant.

(b) When the operation of any CFX Expressway System property is damaged or impaired or loses revenue in any way because of or related to this TROE, the Applicant Activities, and/or the installation, inspection, or repair of any improvements by or on behalf of the Applicant located on the Property, the Applicant acknowledges and agrees to be responsible for all damage and lost revenue resulting therefrom. CFX may initiate injunctive or other legal proceedings to enforce the provisions of this subsection.

7.6 Reservation of Rights. CFX expressly reserves

all rights to pursue any claims it may have against the Applicant, its employees, contractors or agents for damages, violations, contributions and indemnity, or for any other losses which may have been caused by the Applicant, its employees, contractors, or agents within the Property. In the event that the Applicant fails to comply with the terms of this TROE, CFX has the right to immediately terminate the TROE upon written notice.

SECTION 8: INSURANCE REQUIREMENTS

8.1 Except as otherwise waived by CFX in writing, the Applicant shall provide, pay for, and maintain in full force and effect insurance outlined below for coverage at not less than the prescribed minimum limits of liability, covering the activities of the Applicant and those of any contractors and/or subcontractors (including officers, employees or agents of each and their successors).

8.2 All insurance shall be provided through

companies authorized to do business in the State of Florida and considered acceptable by CFX.

Compliance with the insurance requirements below shall not relieve or limit the Applicant’s liabilities and obligations under this TROE. Failure of CFX to demand such certificate or evidence of full compliance with these insurance requirements or to identify a deficiency from evidence provided will not be construed as a waiver of Applicant’s obligation to maintain such insurance. The acceptance of delivery or review by CFX of any certificate of insurance or endorsement evidencing the required coverage and limits does not constitute approval or agreement by CFX that the insurance requirements have been met or the insurance policies shown in the certificates of insurance are in compliance with the requirements.

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 7 of 8

8.3 The Applicant shall require all insurance

policies in any way related to the Applicant Activities to include clauses stating each underwriter shall waive all rights of recovery, under subrogation or otherwise, against CFX. The Applicant shall, by appropriate written agreements, require all contractors and sub-contractors to include similar waivers each in favor of all parties enumerated in this section. When required by the insurer, or should a policy condition not TROE an endorsement, the Applicant agrees to notify the insurer and obtain an endorsement for a Waiver of Transfer of Rights of Recovery Against Others, or an equivalent endorsement. All insurance coverage required of the Applicant shall be primary over any insurance or self-insurance program carried by CFX.

No later than 30 days prior to the expiration of the Certificate of Insurance, the Applicant shall provide CFX with a renewed Certificate of Insurance.

8.4 The Applicant, at Applicant’s expense, shall

provide evidence of all required coverages by providing CFX a certificate of insurance and any applicable endorsements, setting out the current limits of its Commercial General Liability, Business Automotive Liability, and Worker’s Compensation Coverage insurances. Unless otherwise waived in writing by CFX, the Applicant shall, at a minimum, provide the following coverages:

(a) Commercial General Liability: Shall be on an occurrence form policy for all operations including, but not limited to, Contractual, Products and Completed Operations, and Personal Injury. The limits shall be not less than $1,000,000.00 per occurrence, Combined Single Limits (CSL) or its equivalent. CFX shall be listed as an additional insured utilizing an endorsement Form. The policy shall be endorsed with a waiver of subrogation in favor of CFX for all work performed by the Applicant, and its employees, contractors, agents and sub-contractors.

(b) Business Automobile Liability: Shall be on an occurrence form policy for all owned, non-owned and hired vehicles issued on ISO form CA 00 01 or its equivalent. The limits shall be not less $1,000,000.00 per occurrence, Combined Single Limits (CSL) or its equivalent. In the event the Applicant does not own automobiles, the Applicant shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. CFX shall be listed as an additional insured utilizing an endorsement Form. The policy shall be endorsed with a waiver of subrogation in favor of CFX for all work performed by the Applicant, and its employees, contractors, agents and sub-contractors.

(c) Workers’ Compensation Coverage: Workers’ Compensation and Employer’s Liability Insurance shall be provided as required by law or regulation (statutory requirements). Employer’s Liability insurance shall be provided in amounts not less than $100,000.00 per accident for bodily injury by accident, $100,000.00 per employee for bodily injury by disease, and $500,000.00 minimum policy coverage by disease. The policy shall be endorsed with a waiver of subrogation in favor of CFX for all work performed by the Applicant, and its employees, contractors, agents and sub-contractors.

8.5 Depending on the location of the Work Area or

nature of the Applicant Activities, CFX may additionally require that Applicant obtains and maintains the following types of insurance:

(a) Railroad Insurance – if the Work Area is near or encompasses any part of a railroad track or facility.

(b) Pollution Legal / Environmental Liability Insurance (CPL) – for any activities involving or related to hazardous waste.

(c) Excess or Umbrella – if the cost of the Applicant Activities or the potential impact to CFX is greater than the CGL coverage.

8.6 To the extent the Permittee is a state agency or

subdivision under Fla. Stat. § 768.28, that is self-insured, such Permittee may provide a copy of its certificate of self-insurance in lieu of the requisite general liability and business automobile liability insurance; however, nothing in this paragraph shall be construed as alleviating the Contractor, any private entity, or any privately insured public entity from meeting such insurance requirements.

SECTION 9: BONDS

9.1 If requested by CFX in writing, the Applicant

shall provide performance and payment bonds with penal sums in the full contract value of the Applicant Activities. CFX shall be named as an obligee, or the performance and payment bonds shall include a dual obligee rider, naming CFX as an obligee. The performance and payment bonds, along with all riders, modifications, and so forth, shall be in forms satisfactory to CFX.

SECTION 10: TERMINATION OR EXPIRATION

10.1 This TROE is fully revocable and terminable at

TEMPORARY RIGHT OF ENTRY (“TROE”) Page 8 of 8 will by CFX. This TROE shall terminate or expire upon the earlier of: (a) the date of termination in CFX’s written notice of termination; (b) completion of the Applicant Activities, including restoration; (c) expiration of the required insurance, unless a renewal of the insurance certificate is provided prior to said expiration; and/or (d) in the event the Applicant fails to respond to requests for additional information within 60 days.

10.2 Upon any such termination or expiration of this

TROE, CFX may require, in CFX’s sole discretion, and the Applicant hereby agrees to perform or cause to be performed, any of the following, at the Applicant’s sole cost and expense: (a) removal or relocation of any or all structures, wires, cables, pipes, utilities, and/or other improvements upon, under, or over the Property;

and/or (b) restoration of the Property in accordance with these terms and conditions and any verbal or written CFX staff directives. Applicant fully waives any right to claim reliance upon this TROE in the event of termination or expiration of this TROE.

10.3 In the case of non-compliance with CFX's

requirements in effect as of the date the TROE is approved, the TROE shall immediately terminate upon oral or written notice from CFX and the Applicant Activities will have to be brought into compliance or removed from the Property at no cost to CFX within the timeframe requested by CFX. This provision shall not limit CFX from exercising any rights it may have under equity or law. In the event of the Applicant’s failure to so comply within the specified time by CFX, CFX may restore the Property and the Applicant shall be responsible for all removal and restoration costs.

10.4 After the expiration of the term of this TROE, any entry onto the Property requires a new application.

10.5 Those provisions of this TROE which by their

nature are intended to survive the expiration or termination of this TROE, including, by way of example only, the indemnification and liability…